Terms and conditions
1. The Client shall pay the invoice submitted by the Entertainer in full and in cleared funds to the bank account specified in the invoice within seven (7) days of the date of the invoice (“the Due Date”). Time for payment shall be of the essence of the Agreement. A 50% deposit is required on confirmation of booking. The remainder of the sum is due thirty (30) days prior to the event. If the event lies within thirty (30) days of confirmation date, the full performance fee is due on invoice.
2. Notice of cancellation must be given by telephone and by letter in English and sent by special delivery to the Entertainer’s above address. Cancellation cannot be accepted via an answer machine, voicemail or sms text. If the Client gives between fifty-nine (59) days and forty (40) days notice of cancellation in advance of the Event Date the Entertainer shall refund fifty percent (50%) of the Fee. If the Client gives between thirty-nine (39) days and thirty (30) days notice of cancellation in advance of the Event Date the Entertainer shall refund twenty five percent (25%) of the Fee. If the Client gives less than thirty (30) days notice of cancellation in advance of the Event Date the Client shall not be entitled to a refund of the Fee. If the Entertainer cancels the Agreement other than due to force majeure or insolvency the Entertainer shall refund the entire Fee paid by the Client.
3. If the Client fails to pay the Entertainer the sum due by the Due Date the Entertainer may charge statutory interest on such sum from the Due Date until payment is received in full.
4. If the Entertainer’s performance of his obligations under this Agreement is prevented or delayed by any act or omission of the Client its agents or employees the Entertainer shall not be liable for costs charges or losses sustained or incurred by the Client that arise directly or indirectly from such prevention or delay. The Entertainer will consider all reasonable requests for postponement, up to a period of 6 months, subject to availability.
5. The Client agrees that in the event of damage being caused to any facilities, including buildings, fixtures and fittings, vehicles or equipment of whatsoever nature supplied by the Entertainer for the purposes of the Event the Client will be liable for the facilities and each and very vehicle or piece of equipment so damaged. If the damage arises out of any act or omission of the Client or any guests the Client shall be liable for each and every item damaged. Personal Accident Insurance covering the event is not included in the fee but can be arranged at extra cost upon request. The Entertainer shall be responsible for any Public Liability Insurance required to cover the performance.
6. The Entertainer shall not be in breach of the terms for failure to perform or delay in performing any or all of its obligations arising from or attributable to acts events omissions or accidents beyond his reasonable control (“force majeure”). An event of force majeure shall include without limitation acts of God (including flood fire earthquake or other similar event) riots war strikes lock-outs or other industrial disputes epidemics failure of a utility service or transport network accident breakdown of machinery governmental restraints and act(s) of legislature or any cause (other than lack of funds) outside the reasonable control of the Entertainer. In the event of force majeure the Entertainer may cancel the Agreement on giving notice by telephone or by letter to the Client’s address above.
7. The Entertainer may terminate this Agreement without liability to the Client immediately on giving notice to the Client if the Client suspends or threatens to suspend payment of its debts is unable to pay its debts as they fall due admits inability to pay its debts or is deemed unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986 (“insolvency”). On such termination of this Agreement by the Entertainer the Client shall immediately pay to the Entertainer all of the Entertainer’s outstanding unpaid invoices and in respect of services supplied but for which no invoice has been submitted the Entertainer may submit an invoice which shall be payable immediately upon receipt.
8. Nothing in these terms and conditions shall exclude the Entertainer’s liability for death or personal injury resulting from the Entertainer’s negligence. The Entertainer shall not be liable for loss of profits loss of business depletion of goodwill loss of goods loss of contracts loss of use any special indirect consequential or pure economic loss costs or damages charges or expenses and the Entertainer’s total liability in contract tort misrepresentation restitution or otherwise arising in connection with the event shall be limited to the amount of the Fee paid.
9. This terms are accepted upon written booking confirmation from the Client for services offered by the Entertainer.
10. Any provision found to be invalid illegal or unenforceable shall not affect the validity and enforceability of the other provisions of the Agreement and the provision itself shall apply with the minimum modification necessary to make it legal valid and enforceable.
11. The law of England and Wales shall apply to the Agreement and any dispute arising out of or in connection with the Agreement shall be subject to the exclusive jurisdiction of the English courts.
12. This Agreement cannot be assigned or transferred without the written consent of the Entertainer.
13. This Agreement constitutes the entire agreement between the Entertainer and the Client and supersedes any previous arrangement undertaking understanding or agreement between them whether orally or in writing.
14. A person who is not a party to this Agreement shall not have any rights under or in connection with it.
15. No modification shall be enforceable except in writing and signed by the Entertainer and the Client.
16.The Client acknowledges and agrees that personal data will be processed by and on behalf of the Entertainer in accordance with the Data Protection Act 1998.