Private Accompanist Terms of Service

“Engagement Date” means the calendar date on which the Engagement is scheduled to take place.

“Engagement Fee” means the total fee agreed upon in writing between the Accompanist and the Client for the provision of services in connection with the Engagement, excluding any Reimbursable Expenses.

“Reimbursable Expenses” means any reasonable and properly incurred costs related to the Engagement, including but not limited to travel, accommodation, rehearsal space rental, and music purchase or rental, where applicable.

“Business Day” means any day other than a Saturday, Sunday, or public holiday in the jurisdiction where the Engagement takes place.

“Written Notice” means notice provided by email or letter to the contact details designated by the Accompanist for that purpose.

This Policy applies to all privately contracted services performed by the Accompanist for the Client, including but not limited to rehearsals, sound checks, and the Engagement itself.

This Policy forms an integral part of any engagement letter, booking confirmation, invoice, or other written agreement between the Accompanist and the Client (collectively, the “Engagement Agreement”). In the event of a conflict between this Policy and any specific terms expressly agreed in writing and signed by both parties, those specific terms prevail.

An Engagement is deemed confirmed (a “Confirmed Booking”) only when:

1. the Accompanist has accepted the Engagement in writing;
2. the parties have agreed in writing on the Engagement Date, location, repertoire (to the extent known), and Engagement Fee; and
3. any required deposit (if specified in the Engagement Agreement) has been received by the Accompanist.

Once a Confirmed Booking is in place, the cancellation provisions set out in this Policy apply in full.

The Client may cancel a Confirmed Booking at any time by providing Written Notice of cancellation to the Accompanist.

The applicable cancellation fee (the “Cancellation Fee”) is determined by reference to the time period between the date and time the Accompanist receives the Written Notice of cancellation and the Engagement Date, as set out in Section 5.

More than eight (8) weeks before the Engagement Date. If Written Notice of cancellation is received by the Accompanist more than eight (8) weeks prior to the Engagement Date, the Client is liable to pay a Cancellation Fee equal to fifty percent (50%) of the Engagement Fee.

Between four (4) and eight (8) weeks before the Engagement Date. If Written Notice of cancellation is received by the Accompanist between four (4) and eight (8) weeks (inclusive) prior to the Engagement Date, the Client is liable to pay a Cancellation Fee equal to seventy-five percent (75%) of the Engagement Fee.

Less than four (4) weeks before the Engagement Date. If Written Notice of cancellation is received by the Accompanist less than four (4) weeks prior to the Engagement Date, the Client is liable to pay a Cancellation Fee equal to one hundred percent (100%) of the Engagement Fee.

For the avoidance of doubt, the relevant time period is calculated by counting backwards from 11:59 p.m. on the calendar day immediately preceding the Engagement Date, in the time zone of the Engagement venue, unless otherwise agreed in writing.

All cancellations must be communicated by the Client to the Accompanist by Written Notice. Verbal cancellations (including by telephone or in person) are not valid unless and until followed by Written Notice.

The date and time at which the Accompanist’s designated email account or mailing address receives the Written Notice is deemed the effective date and time of cancellation for the purpose of determining the applicable Cancellation Fee.

The Client is responsible for ensuring that the Written Notice is correctly addressed and transmitted. The Accompanist is not liable for any delay or failure in delivery of the Written Notice caused by technical issues, incorrect contact details, or other circumstances beyond the Accompanist’s control.

The Cancellation Fee is calculated on the basis of the Engagement Fee agreed in the Engagement Agreement, exclusive of any Reimbursable Expenses.

Unless expressly agreed otherwise in writing:

1. any deposit or advance payment already made by the Client may be applied by the Accompanist toward the Cancellation Fee; and
2. if the deposit exceeds the applicable Cancellation Fee, the excess may, at the Accompanist’s discretion, be refunded to the Client within a reasonable period or applied to a future Engagement, subject to mutual written agreement.

Any portion of the Engagement Fee not yet paid at the time of cancellation that is required to be paid as a Cancellation Fee under this Policy is invoiced to the Client promptly following cancellation. The Client shall pay such invoice within the payment terms stated on the invoice or, if not specified, within fourteen (14) days of the invoice date.

All Cancellation Fees are payable in the same currency and by the same method as the Engagement Fee, unless otherwise agreed in writing.

The Client remains responsible for any Reimbursable Expenses reasonably and irrevocably incurred by the Accompanist in preparation for the Engagement prior to receipt of Written Notice of cancellation, regardless of the timing of that cancellation.

Such Reimbursable Expenses may include, without limitation, non-refundable travel tickets, accommodation deposits, rehearsal studio bookings, and sheet music purchases. The Accompanist will provide reasonable documentation of such costs upon request.

Reimbursable Expenses are payable in addition to any applicable Cancellation Fee and are not set off against the Cancellation Fee unless expressly agreed in writing.

If the Client wishes to reschedule rather than cancel the Engagement, the Client shall notify the Accompanist in writing as soon as practicable.

Any rescheduling is subject to the Accompanist’s availability and mutual written agreement on a new Engagement Date. The Accompanist is under no obligation to accept a rescheduled date.

The Accompanist may, at their sole discretion, agree to reduce or waive the Cancellation Fee if a mutually acceptable rescheduled Engagement Date is confirmed in writing. Any such reduction or waiver must be expressly stated in writing and does not constitute a waiver of the Accompanist’s rights in respect of any future cancellations.

Neither party is liable for any failure or delay in performing their obligations under this Policy or the Engagement Agreement to the extent that such failure or delay is caused by an event or circumstance beyond the reasonable control of that party (a “Force Majeure Event”).

Force Majeure Events may include, but are not limited to:

1. acts of God (including severe weather, natural disasters, floods, and earthquakes);
2. war, terrorism, civil unrest, or governmental restrictions;
3. widespread public health emergencies or pandemics, including related government-imposed restrictions;
4. serious illness, injury, or death affecting the Accompanist or the Client, or their immediate families; and
5. sudden venue closure or legal prohibition on the event taking place.

In the event of a Force Majeure Event:

1. the affected party shall notify the other party as soon as reasonably practicable, providing reasonable details of the event;
2. the parties shall in good faith attempt to reschedule the Engagement on a mutually acceptable date and, where reasonably possible, apply any fees already paid to the rescheduled Engagement; and
3. if rescheduling is not feasible within a reasonable period, the parties shall negotiate in good faith a fair allocation of costs and fees, which may include a partial or full waiver or refund of the Cancellation Fee, taking into account the nature and timing of the Force Majeure Event and any expenses already incurred.

Notwithstanding the foregoing, nothing in this Section obligates the Accompanist to perform the Engagement where doing so would be illegal, unsafe, or otherwise unreasonable in light of the Force Majeure Event.

The Accompanist reserves the right to cancel the Engagement in the event of:

1. serious illness, injury, or other circumstances rendering the Accompanist reasonably unable to perform;
2. a Force Majeure Event affecting the Accompanist; or
3. material breach of the Engagement Agreement by the Client (including non-payment of agreed deposits or fees).

In the event of cancellation by the Accompanist for reasons other than the Client’s breach:

1. the Accompanist shall refund to the Client any deposits or payments received in respect of the Engagement Fee (excluding Reimbursable Expenses already incurred) as soon as reasonably practicable; and
2. the Accompanist shall use reasonable efforts to assist the Client in identifying a suitable replacement accompanist, provided that the Accompanist has no liability for the availability, quality, or cost of such replacement.

The Accompanist’s liability in the event of cancellation under this Section is limited strictly to the refund of amounts paid by the Client toward the Engagement Fee, and the Accompanist is not liable for any consequential, incidental, or indirect losses, including but not limited to loss of profits, ticket sales, or reputational harm.

No failure or delay by either party in exercising any right or remedy under this Policy operates as a waiver of that right or remedy, nor does any single or partial exercise of any right or remedy preclude any further exercise of it or the exercise of any other right or remedy.

If any provision of this Policy is found to be invalid, illegal, or unenforceable by a court or competent authority, that provision shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable. If such modification is not possible, the relevant provision shall be deemed deleted, and the remaining provisions continue in full force and effect.

This Policy, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), is governed by and construed in accordance with the laws of the State of New York, without regard to its conflict-of-law principles.

The parties submit to the exclusive jurisdiction of the courts of the State of New York located in New York County for the resolution of any such dispute or claim.

This Policy constitutes the entire understanding between the parties in relation to the subject matter of cancellations and supersedes any prior discussions, representations, or understandings, whether written or oral, relating to cancellations of the Engagement.

Any amendment or modification to this Policy is valid only if made in writing and signed or expressly agreed by both the Accompanist and the Client.

Repertoire Submission and Change Requests. For the purposes of this Policy, “Submitted Pieces” means the musical works (including movements, cuts, keys, and arrangements, where applicable) that the Client has provided to and confirmed with the Accompanist for rehearsal and performance in connection with the Engagement. Any request to substitute, add, remove, or materially alter any Submitted Pieces (a “Repertoire Change Request”) is subject to the provisions of this Section 16.

Repertoire Change Fee and Deadline.

Payment of the Repertoire Change Fee.

Late Requests for Accompaniment Services.

Confirmation and Payment of the Late Request Fee.