CORONAVIRUS INFECTION (COVID-19) POLICY

Last Updated: 01st July 2021, 09:00

This policy is being reviewed on a daily basis by James, owner of Weston Disco.

COVID-19 and Events

After the speech by Boris Johnson on 22nd September 2020, it is now clear that COVID-19 is going to have an affect on the Event industry for a prolonged period of time.

With no clear future date in sight for the return to larger Events, the view of Weston Disco is that:

There is a reasonable chance that Events before April 2022 will be affected in some way by UK Government guidelines to protect guests and suppliers from the transmission of COVID-19.

Change in Weston Disco Terms and Conditions

To support this, Weston Disco is changing the standard terms and conditions for all Event bookings to include a postponement policy for all couples.

Under the new postponement policy, there is no limit to the number of times a couple can choose to postpone their Event with Weston Disco.

POSTPONEMENT POLICY [NEW]

Choosing to have a “COVID-19 Event”

Weston Disco has been providing, and is able to provide, musicians and DJs for Events since the ban on Events was lifted in England on 4th July 2020.

Weston Disco can still provide musicians and DJs for Events under the latest UK Government guidelines and is excited to support couples who want to proceed with a “COVID-19 Event”.

If you proceed with a “COVID-19 Event”, your guests will need to follow UK Government COVID-19 guidelines on social distancing.

In the event of any laws being broken, Weston Disco musicians will be within their rights to leave the venue and no refunds will be given.

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Choosing to Postpone Your Event to a Future Date

From speaking with nearly 1000 couples since March, the majority of couples who have booked Weston Disco are currently still choosing to postpone their Event to a date in the future.

If you would like to change the date of your Event to a future date, Weston Disco will offer you the option of postponing to:

Any Available Future Sunday-Thursday

1) Any available Sunday, Monday, Tuesday, Wednesday or Thursday at no additional cost.

You must pay the final payment on or before your original final payment due date.

Upon receipt of your final payment, Weston Disco will secure the musicians for your new date and you will receive revised paperwork showing the new date.

This gives you a choice of over 250 days a year to postpone your Event for no additional cost.

Any Available Future Friday or Saturday

2) Any available Friday or Saturday for an additional 20% postponement fee.

You must pay the final payment (including the additional 20% postponement fee) on or before your original final payment due date.

Upon receipt of your final payment, Weston Disco will secure the musicians for your new date and you will receive revised paperwork showing the new date.

Weston Disco rely on selling new bookings on Friday and Saturday dates to survive as a company.

It is for this reason that an additional fee is required in order to offer you a postponement to one of these days.

This postponement policy is not just limited to Events affected by COVID-19.

If, for example you fall pregnant and would like to delay your Event then you could also postpone your Event under this new policy.

Key Dates (Events in England)

Here is a list of key dates and how the rules for Events in England have changed as a result of COVID-19.

The rules and dates for Scotland, Wales and Northern Ireland are slightly different.

The rules and dates for destination Events are different.

Please contact Weston Disco for further information if you Event booking is not in England.

Late March 2020

The UK Government imposed a ban on Events.

Events were not permitted in the UK in any capacity.

At the fault of neither the couple nor Weston Disco, Events could not take place and no services could be provided as a result of UK Government legislation.

It is highly likely that contracts for Events during this time would be deemed frustrated by a judge.

In line with UK law on frustrated contracts, couples should be given the option of a refund (with the exception of any legitimate recoverable costs by Weston Disco).

Weston Disco will also offer couples the option to postpone their Event to a future date in line with the new postponement policy.

See FAQ below for more information about recoverable and non-recoverable costs.

4th July 2020

Events in England were permitted with 30 guests for a ceremony outside and groups of up to two households indoors, or up to six people from different households outdoors for a reception.

The total of 30 guests had to include all 3rd party Event suppliers not employed by the Event venue.

Weston Disco musicians and crew had to be included within the total of 30 people.

Live music was permitted for Event ceremonies, and the advise was only to play musical instruments that are not blown into. An exception was made which allowed professional wind players to perform live (including saxophone players).

Weston Disco musicians and DJs could perform for Event ceremonies and for outside receptions with strict social distancing arrangements in place.

Broadcast music was permitted inside venues (i.e. through a sound system).

Weston Disco DJs could perform inside venues and broadcast music through speakers with strict social distancing arrangements in place.

Weston Disco musicians could perform inside venues by setting up a “broadcast studio” in an adjourning room and perform through speakers set up in the room with the guests. For Events where this happened, the musicians set up in front of glass doors / windows so that the guests could still see them perform.

15th August 2020

Events in England were permitted with 30 people for a ceremony and 30 people for a reception.

The total of 30 guests had to include all 3rd party Event suppliers not employed by the Event venue.

Weston Disco musicians and crew had to be included within the total of 30 people.

Socially distanced indoor and outdoor performances to a live audience, with strict social distancing arrangements in place, could take place.

Weston Disco musicians and DJs could perform indoors and outdoors with strict social distancing arrangements in place.

Dancing should not be permitted due to the increased risk of transmission and dance floors may be repurposed for additional customer seating or other relevant purposes, ensuring this is in line with the social distancing guidelines.

The actions of guests during the ceremony and reception were defined, controlled and regulated by the COVID-19 secure Event venue in line with the risk assessment they had submitted to and had approved by their local council.

28th September 2020 (for 6 months)

Events in England are permitted with 15 guests for a ceremony and 15 guests for a reception in a COVID-19 secure venue.

Such receptions must not take place in people’s private homes (or adjoining outdoor spaces like gardens), given that these will not have the same COVID-19 secure measures in place.

This latest ruling, makes it clear that there is currently a ban on marquee / tepee style Events on private land.

At the fault of neither the couple nor Weston Disco, services cannot be provided as a result of UK Government legislation.

It is highly likely that contracts for Events in people’s private homes would be deemed frustrated by a judge.

In line with UK law on frustrated contracts, couples should be given the option of a refund (with the exception of any legitimate recoverable costs by Weston Disco).

Weston Disco will also offer couples the option to postpone their Event to a future date in line with the new postponement policy.

See FAQ below for more information about recoverable and non-recoverable costs.

The total of 15 guests does not include any 3rd party Event suppliers.

Weston Disco musicians and crew can attend your Event in addition to your guest list of 15 people.

This means that you could have 15 people + your photographer + your DJ + crew member + saxophonist + photo booth attendant + magician.

Socially distanced indoor and outdoor performances to a live audience, with strict social distancing arrangements in place, can take place.

Weston Disco musicians and DJs can still perform indoors and outdoors with strict social distancing arrangements in place.

Receptions and other celebrations for Events and civil partnerships can continue to take place, but only in the form of a sit down meal.

Further to the recommendation above, more clarity has been given by the UK Government about the form of the evening celebration.

It has to take the form of a sit down meal, so in a similar style to a table-based brunch party.

It is likely that you will be required by your venue to have table service and that for the evening celebrations, guests will have to remain in their table area.

If your Event reception is taking place in restaurant or bar, then it is likely that your venue will ask you to leave by 10pm.

To accommodate this, Weston Disco DJs and musicians are prepared to start their performance earlier and offer flexible playing times.

If space permits for COVID-19 distancing guidelines to be followed, and if your venue gives permission in line with their risk assessment, any roaming musicians that you have booked (saxophone / bongos) could move around the tables to add to the energy of your Event party.

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Now that the UK Government has clarified that the evening party has to be table based, Weston Disco are offering three options if you have booked a white LED dance floor for your Event.

1) You can have a refund for the dance floor part of your booking.

2) You can use the white LED panels as a walk way for your ceremony aisle instead of as a dance floor.

3) You can swap the dance floor for a different lighting product or musical service of an equivalent value.

1st April 2021 (onwards)

There is currently no guidance on how Events will be affected by COVID-19.

Weston Disco are taking the view that if Events are still limited to 15 guests on the 31st March 2021 that it is extremely unlikely that Events for 100 guests will be permitted on 1st April 2021.

Weston Disco is more than happy to provide musical services for your Event in 2021 in line with the government guidelines at the time – if music is allowed to be performed, count us in!

Alternatively, Weston Disco is happy to offer you as many postponements as you need (to future dates later in 2021 or to future years) until you have the Event of your dreams.

Whatever you choose, we will support you with the musicians and DJs you booked.

Just so you know, couples who are making new bookings with Weston Disco are now almost exclusively booking for UK Events in 2022, 2023 or 2024.

Also, several UK Event venues have announced that they will be closed for Events for the duration of 2021, including Penton Park. [watch this emotional video]

Couples booking musicians for destination Events in outdoor / beach / villa style venues still seem confident about booking for Events in 2021.

FAQ

Here is a list of frequently asked questions that couples have been asking over the last 6 months.

Whilst every Event contract is unique and Weston Disco are happy to answer any of your specific questions in more detail…

… the following questions and answers will hopefully act as a good starting point.

What if the number of guests at my Event has dramatically changed from the original plan?

The contract between Weston Disco and couples is not dependant on the number of guests and since 4th July 2020 Weston Disco has been providing, and is able to provide, musical services for Events.

Historically, Weston Disco have provided musicians for Events ranging in size from 2-300 people events.

The day rate for musicians is the same, regardless of the number of guests attending the event.

In line with the latest CMA guidance (published on 7th September) it is possible that your contract with your Event venue might be frustrated if the number of guests is substantially different to your original plan.

However, your contract with Weston Disco is completely separate to the contract that you have with your Event venue and neither are linked in any way.

It is possible to have a frustrated contract with your venue but not have a frustrated contract with Weston Disco.

In the event that you find yourself in this position, you are welcome to postpone your booking with Weston Disco to a future event (future Event date / family party / friend’s Event / etc).

A credit note will be kept against your name until you are ready to postpone.

What if the my Event day is shorter than the original plan. Will I get a reduced rate?

The contract between Weston Disco and couples is not dependant on time – it is dependant on the number of sections booked.

For example, a pianist for 2 sections (drinks reception and Event breakfast or a DJ for the evening.

The timings in the contract are provisional to give both Weston Disco and the couple an initial idea of when the musician will be required.

Timings often change in the run up to a Event and even on the day itself, which is why Weston Disco offer couples a more flexible arrangement.

Some Events have fewer guests and the Event breakfast might only take an hour. Other Events have 100s of guests and the Event breakfast might take 3-4 hours. In both cases, Weston Disco charge the same amount (per section).

Similarly, some evening receptions start at 8pm and finish at 11pm, whilst others start at 6pm and finish at 4am. Weston Disco charge the same amount for a DJ service (per evening).

Some couples are choosing to proceed with a COVID-19 Event and in most instances, it is likely that their contract with their venue will have been frustrated because of a dramatic change in the number of guests (e.g. from 100 to 15).

To proceed with a COVID-19 Event it is likely that you will have amended / renewed your venue contract to create a different type of Event day from that which you originally planned.

For example, you may have reduced your reception from a 5 hour long Event to a 3 hour long Event.

Some venues are forcing a reduced hours COVID-19 Event on couples and other venues are permitting full length seated Event receptions.

Some couples are choosing to have a shorter Event reception.

You should note that your contract with Weston Disco is completely separate to the contract that you have with your Event venue and neither are linked in any way.

It is possible to have a frustrated contract with your venue but not have a frustrated contract with Weston Disco.

Currently, there are no guidelines that restrict the length of Event receptions in the UK.

This means that Weston Disco can provide musical services for the full number of sections of the day agreed in your contract.

If your venue has forced a loss upon you by restricting the amount of time you are allowed to have for your Event then it might be possible for you to claim any “missed performance time” back from them.

If you have made the decision to proceed with a shorter reception then that is a decision that you have made, knowing that you have a contract with Weston Disco.

Essentially, you are cancelling part of your booking with Weston Disco which could put you in breach of contract.

In the event that you find yourself in this position, you are welcome to postpone your booking with Weston Disco to a future event (future Event date / family party / friend’s Event / etc).

A credit note will be kept against your name until you are ready to postpone.

What if I have booked a DJ and no dancing is allowed?

DJs are currently allowed to play at Events – indoors and outdoors.

There is no restriction on the type of music that a DJ can play.

There is guidance on the volume of the music that a DJ can play, but as the current permitted number of guests at a Event is 15 – the current recommended volume levels are more than sufficient for an event with this number of guests.

Your Event venue is responsible for the health and safety of your guests on your Event day.

Just as before COVID-19, Event venues had to have rules in place to protect guests (for example, no drinking on the dance floor)…

…they now have to follow additional health and safety guidelines as part of their COVID-19 secure Event venue licence.

It is likely that this will mean your guests will have to party from their tables, receive their drinks by table service and party from their seats.

Your venue will be responsible for enforcing any new rules that they have created to protect your guests and to maintain their COVID-19 secure Event license.

Every Event venue will have slightly different rules and it is up to them, as a business to make decisions that impact how your guests can interact at your Event.

In the event that a Event venue outright bans DJs or live musicians from performing at your Event, it is possible that you would be able to claim any lost costs for entertainment directly from your venue (as there are no laws banning music at Events).

Alternatively, you are welcome to postpone your booking with Weston Disco to a future event (future Event date / family party / a friend’s Event / etc).

A credit note will be kept against your name until you are ready to postpone.

What if my Event is not permitted to go ahead or musicians/DJs are banned from performing at Events by the UK Government?

If, at the fault of neither the couple nor Weston Disco, Events could not take place and/or no services could be provided as a result of UK Government legislation, it is highly likely that your contract with Weston Disco would be deemed frustrated by a judge.

In line with UK law on frustrated contracts, you should be given the option of a refund, less and legitimate recoverable costs that Weston Disco has incurred specifically for your Event.

You will also be given the option to postpone your Event to a future date in line with the new postponement policy (see above).

On the 7th September, the CMA issued guidance on cancellations and refunds in the Event industry.

And since then, Weston Disco has been contacted by:

+ members of the Event & Event Recoveries Team from John Lewis Event Insurance

On the basis of the CMA advice and very detailed conversations with the teams at John Lewis Event Insurance and independent legal advice, it is the understanding of Weston Disco that the non-recoverable and recoverable costs for your contract with Weston Disco are as follows:

Non-Recoverable Costs

Here is a list of business costs that Weston Disco are NOT able to deduct from your refund as a result of a frustrated contract:

Advertising
Bank fees
Business Rates
Depreciation in Equipment/Vehicles
Electricity/Gas
Employee Staff Training and Recruitment (office staff)
Employee Staff with Fixed Salaries
Equipment Leases
Equipment Repairs and Maintenance
First Aid
General Office Expenses
Insurance
Interest On Loans
IT services
Licences
Marketing
Merchant Fees
Phone Systems
Professional Fees
Property Taxes
Service Charges and Contracts
Warehouse Cleaning
Warehouse Heating
Warehouse Rent

The above costs are all fixed costs and are not recoverable when a contract is frustrated, in line with:

+ CMA guidelines regarding COVID-19

+ UK law in general

Recoverable Costs

This is a list of the 4 costs that are recoverable by Weston Disco in line with the CMA guidelines and with UK fair contract law.

For your record, these costs were briefly summarised in your original contract with Weston Disco:

“The deposit payment covers the reasonable costs incurred by PDJ and the holding fee that PDJ has to pay the freelance musicians to book them for the date.”

Here is a more in depth breakdown of the costs so that you can review each cost against the CMA guidelines and UK law for frustrated contracts.

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1) Musician Vetting Cost

Initial recruitment process, initial auditions, annual training day and yearly reassessments to establish the continued quality of the freelance musicians that Weston Disco represent.

2) Musician Content Production Cost

Yearly video and recording production costs. This is to provide the remote platform that you used to choose the musician for your Event.

The videos are created to save you the time and money of paying a pianist for a private consultation / one-on-one meeting.

If these videos had not been produced by Weston Disco, you would have had to pay for private consultations with the musicians and spent the time travelling to a music studio to hear them play.

3) Musician Holding Fee Cost

The holding fee is collected from you to secure the musician for a Event event with Weston Disco and ensures that time is allocated for the musician to spend on specific Event repertoire practice in the period between when you make the booking and the Event date.

The musician holding fee is a direct cost to Weston Disco of booking the freelance musicians for your Event.

The musicians usually log this time over the winter months (when there are far fewer Events), so in most cases, this service has been provided.

Useful Note:

Weston Disco has received advice that the Musicians Union would support the freelance musicians in fighting a claim against these costs.

This is because they have already committed the practice time.

4) Booking Agent Commission Cost

This is the commission paid to the booking agent by Weston Disco for securing your booking.

This is a direct cost to Weston Disco as a result of your Event booking.

If you had not made a booking, Weston Disco would not have paid this money to the booking agent.

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Next Steps

The amount of each of these costs is specific to each individual contract.

In the event that you believe your contract with Weston Disco is frustrated, you should contact Weston Disco by email and request a detailed breakdown of these costs.

You will then be able to make a decision about your next steps:

+ whether you want to accept the refund offered

+ whether you want to challenge the refund amount in a court of law

+ whether you would prefer the full amount you have paid Weston Disco to be held as credit against your name and used for a future event (future Event date / family party / a friend’s Event / etc).

Will Weston Disco still provide musicians for my Event?

Weston Disco will endeavour to provide musicians and DJs for all Events where there are currently no Government instructions preventing this from happening.

Weston Disco have an office team that are all working from home to avoid direct contact with each other and to mitigate the risk of multiple team members catching the coronavirus infection (COVID-19) at the same time.

Weston Disco has a fully online booking management system and the company is able to operate completely as normal, even with office team members in different geographic areas.

If the Event is legally allowed to take place and there are no restrictions on music performance then Weston Disco will provide you with musicians for your Event.

If you proceed with a “COVID-19 Event”, your guests will need to follow UK Government COVID-19 guidelines on social distancing.

In the event of any laws being broken, Weston Disco musicians will be within their rights to leave the venue and no refunds will be given.

How will Weston Disco support the welfare of musicians and staff at Events and events?

Weston Disco will support our team of staff and our freelance musicians / DJ / crew / employees if they choose to implement additional precautions at events to ensure their personal well-being and good health.

Precautions might include, but are not limited to:

+ taking breaks from performing to wash their hands
+ keeping a distance of 2m from guests
+ taking requests by guests showing them tracks from their phones (rather than shouting it in their ear)
+ performing in their own space, away from other musicians
+ not sharing equipment with guests (microphones, keyboards, bongos, iPads at trade shows, etc)
+ cleaning their equipment after use
+ cleaning equipment at the venue before using (grand piano, DJ booth, etc)

You will be pleased to know that the whole Weston Disco team want to continue to work and provide music for as many Events as possible.

What happens if the artist booked for a Event is unable to attend as a direct result of the coronavirus infection (COVID-19)?

As per Weston Disco contract terms:

“In the event that the artist is unable to perform due to unforeseen circumstances, PDJ reserves the right to change the artist without prior notice”

Weston Disco have a substantial team of musicians / DJs / crew and as per our standard contract terms, in the event of illness we will change the artist to another member of our team.

With the current situation, it is unknown how fast the coronavirus infection (COVID-19) will spread and as a “worst case crisis plan”, Weston Disco have taken the precaution to start networking with other leading music agencies in the UK to create a last minute / emergency pool of replacement artists.

Weston Disco will also be providing replacement artists for other agencies in an attempt to share resources and help as many couples across the UK as possible.

As per our standard operating procedures:

+ in the event of an artist being ill in advance of your Event day (e.g. catching a virus or breaking a leg) and no alternative member of the Weston Disco team is available to play, you will be contacted by Weston Disco and consulted about a replacement. You will also be given the opportunity to have a full refund so that you can arrange a replacement artist yourself.

+ in the event of an artist being ill on the day of your Event, a replacement artist will be provided. Your venue will be informed of any changes and kept updated throughout the day. If the service falls below your expectations, you would be entitled to raise a dispute and seek a refund.

+ in the event of an artist being ill on the day of your Event, and Weston Disco is unable to find a replacement in time then you will be informed immediately, and a full refund will be offered.

What happens if I get the coronavirus infection (COVID-19) and the isolation period falls over my Event day?

According to the NHS Website:

If you have symptoms or have tested positive for coronavirus, you’ll usually need to self-isolate for at least 10 days.

You’ll usually need to self-isolate for 14 days if:

+ someone you live with has symptoms or tested positive
+ someone in your support bubble has symptoms or tested positive
+ you’ve been told to self-isolate by NHS Test and Trace

If, at the fault of neither the couple nor Weston Disco, your Event could not take place because you or your fiance could not attend as a result of UK Government legislation requiring you to self-isolate, it is highly likely that your contract with Weston Disco would be deemed frustrated by a judge.

In line with UK law on frustrated contracts, you should be given the option of a refund, less and legitimate recoverable costs that Weston Disco has incurred specifically for your Event.

You will also be given the option to postpone your Event to a future date in line with the new postponement policy (see above).

DISCLAIMER

The information provided on this webpage should not be construed as, or substituted for, legal or financial advice.

Weston Disco are specialists in music for Events.

Weston Disco are not lawyers or financial advisors and if you plan to use the information on this webpage then you should seek advice from your own qualified experts as necessary.