Terms of Service

In this document, "artist," "I," "me," "my," and related terms refer to Janelle K Brown in her capacity as a professional harpist. "Client," "you," "your," and related terms refer to those parties contracting for her services. These conditions are binding unless our written agreement states otherwise.

(A) General Terms

I will bring my harp, chair, and music so that I can provide musical accompaniment at the date and time specified in our contract. I am an independent contractor, not an employee of the client, so I therefore assume all responsibility for payment of income taxes, social security, and other government withholdings. I will arrive professionally dressed and prepared to perform and present myself in a professional manner. Throughout the performance, I retain control over the details and manner of my performance. I do not accompany other artists unless otherwise agreed to in writing prior to the event. Moreover, I reserve the right to accept or decline any music requests. To be considered, any requests must be received at least fifteen days in advance.

I do not bring lighting equipment without prior arrangement. You therefore agree to provide a safe, sufficiently large performance location (an area at least six to seven feet in diameter) with sufficient lighting. I reserve the right to provide additional lighting if I find it necessary.

If illness, accident, transportation problems, inclement weather, Act of God, or any other legitimate condition beyond my control prevents me from keeping my commitment, I will fully refund all payments received (including the deposit) to you. This full refund will be the complete extent of my liability, though I may offer my assistance in finding a substitute musician.

(B) Time Provisions

Setting up the harp and preparing to perform takes time. You agree to have the venue available for my use at least thirty minutes before the performance time so that I may prepare. If the venue is not available for my use at least half an hour early, then I reserve the right to delay the performance start until I have had a full thirty minutes to prepare. After the first full hour of performance, I will rest for the first ten minutes of each hour. At the beginning of the fifth hour, I will take a thirty minute break.

Some venues have a performance or lock-up curfew. You take full responsibility for knowing these curfews and informing me of them, if necessary. You will not receive a refund if such a time restriction requires me to end my performance early.

I will play from our agreed start time until our agreed end time, unless you request otherwise. If you request that I play beyond the agreed end time, I will charge by the quarter hour using the rate specified in our signed agreement. (If no overtime rate is specified, I will charge at twice the agreed hourly rate, calculated by the quarter hour.) In addition, I reserve the right to charge wait fees in situations similar to these:

• If you want me to arrive more than half an hour early;
• If you want me to perform at more than one time during the same day.

If wait fees are not negotiated in advance, they will be charged at the overtime rate.

(C) Equipment and Artist Safety

Under no circumstances will I play in prolonged direct sunlight or in conditions that may get my equipment sandy, wet, or damp. This provision also applies to ground moisture. You agree to provide a clean, solid, level surface on which I can perform. (Examples include wood, concrete, carpet, or dry grass; I cannot play on sand, dirt, gravel, or damp areas.) You also agree to provide a place of performance that is clean, ventilated, safe, lighted, and free from cigarette smoke. You recognize that I may refuse to play in conditions that place myself or my equipment at any risk. Evaluation of this risk is according to my sole discretion. If I find performance conditions unacceptable, you may provide an alternative location to perform. But if no mutually acceptable location is available, I have the right to refuse performance without providing a refund.

If I provide amplification equipment, I may decline to use it if unforeseen circumstances lead me to deem it faulty, unsafe, or defective. In this situation, my liability is limited to a full refund of amplification fees only, and only if they were specifically charged.

I will use amplification equipment or microphones that you provide only by prior agreement. If, in my sole judgment, this equipment is faulty, unsafe, or defective, I reserve the right not to use it (and the client will not receive any refund). I will not use equipment that places me or my equipment at risk. Similarly, if, in my sole judgment, the venue's electrical outlets are unsafe, faulty, defective, or ungrounded, then I will not use any amplification equipment (and the client will not receive any refund). If electrical safety prevents me from using sufficient lighting, then the entire performance will be cancelled without a refund.

You assume full responsibility for the actions of any family, guests, employees, patrons, agents, contractors, and any others present at the date, time, and place of the performance. If you or anybody or anything else present cause any damage whatsoever to my equipment, you assume full responsibility to reimburse me for this damage.

(D) Payment Provisions

You and I will agree on the total level of compensation in a written agreement. To secure your place in my schedule, you agree to pay a minimum 50% deposit payable to Janelle Brown at least forty-five days before the engagement as detailed in our written agreement. You understand that I assume no commitment until this deposit is received. This deposit is fully refundable only if you and I cancel our contract more than forty-five days before the engagement. If fewer than forty-five days remain, the deposit is not refundable.

You agree to pay in full at least seven days before the engagement unless otherwise specified in our signed agreement. I reserve the right to cancel all my obligations to you if payment in full is not received at least seven days in advance. You will not receive a refund of any payments previously received as long as I remain able to play the engagement. I will make a good faith effort to inform you if I choose to cancel my obligations to you in accordance with these provisions.

Payment becomes past due at the end of my performance. If you have not paid in full by the end of my performance, you will pay a penalty totaling 50% of our agreed price. If you have not paid within thirty calendar days of my performance, this penalty will double. I reserve the right to turn unpaid bills over to a collection agency or to pursue any other legal strategy to collect payment. You agree to pay all fees and costs I (or my agents) incur in doing so.

(E) Changes to the Date, Time, or Venue

If you desire to make any changes to the time, date, duration, and/or venue of the performance, it will be treated as a cancellation of one contract and a signing of another. I reserve the right not to accept the new contract. The new contract will require a deposit totaling 100% of the agreed price.

(F) Special Provisions for Weddings

If you have special requests for processionals, recessionals, prelude, or postlude, you agree to make these requests before you and I sign a performance agreement. You also agree to inform me before the wedding ceremony of any cues that you wish me to follow during my performance. I do not attend wedding rehearsals unless otherwise stated in our signed agreement. Attendance at rehearsals may incur an additional fee.