terms and conditions.
1 Booking
(a). Upon receipt of instruction from the Customer to book with LA Social, whether in writing, by email, by text or verbally, the booking is a legally binding agreement. Our agreement contains the parties’ entire agreement and expressly supersedes all prior oral or written negotiations, correspondence or proposals.
(b) When clause (a) above has been satisfied, if the Customer cancels the booking clause 3 below applies.
2. Payment terms
(a) The Booking Fee is payable at the time clause 1(a) above is satisfied.
(b) The Agreed Fee (less the Booking Fee) is payable by the Customer within seven days of the date on the invoice from LA Social, such invoice to be emailed to the email address shown above.
(c) The Booking Fee must be paid by credit card.
3. Cancellation
if the Customer cancels the booking the Customer will pay LA Social the following cancellation fees to offset the loss of business from declining other bookings, such payment to be deducted from fees paid by the Customer to LA Social, or if insufficient funds are held payment is to be made within seven days of notification of the cancellation.
(a) Within 60 days of the date of the event – 50% of the Agreed Fee.
(b) Within 30 days of the date of the event – 75% of the Agreed Fee.
(c) Within 7 days of the date of the event – 100% of the Agreed Fee.
4. Failure to Pay
if the Customer does not pay the Agreed Fee or the Booking Fee by the due date for payment, the Customer shall pay LA Social interest on the overdue amount at the annual interest rate of 14% computed monthly on the outstanding balance. In addition to interest on the unpaid balance, LA Social may cancel the booking by notice in writing to the email address shown above and retain the Booking Fee and the Agreed Fee.
5. Costs
All costs incurred by LA Social to enforce the terms and conditions of this agreement are payable by the Customer to LA Social within seven days of the date of the invoice from LA Social, such invoice to be emailed to the email address shown above. If any amount owing by the Customer to LA Social remains outstanding after ten days and no suitable arrangements are made in respect to payment of the outstanding debt then LA Social may, in its discretion, forward the debt to a debt collection agency. Any debt forwarded to a debt collection agency will incur collection fees together with LA Social’s administration fees.
6. Cancellation by LA Social
if LA Social cancels this booking they will give the Customer as much notice as possible, and will immediately (upon receipt of bank account details from the customer) refund the customer the Booking Fee and the Agreed Fee (if paid) in full without deduction. The Customer agrees that LA Social’s liability to the Customer for cancellation of this agreement is limited to a refund of the Booking Fee and the Agreed Fee (if paid).
7. The Customer acknowledges that performance duration specified above may include break of up to 30 minutes.
8. The Customer certifies to LA Social that suitable and safe facilities are available at the venue for LA Social’s musicians and equipment. The Customer indemnifies LA Social from and against all liability arising from LA Social’s musicians and equipment being present at the venue.
9. This agreement is governed by and shall be construed in accordance with the laws of New Zealand. The Customer and LA Social submit to the exclusive jurisdiction of the New Zealand Courts.