TERMS & CONDITIONS

Any booking WHETHER CONFIRMED VERBALLY, ELECTRONICALLY OR IN WRITING will be a legally binding contract subject to the following non- negotiable terms and conditions of booking: 

 

1. Confirming the booking

1.1 All bookings take effect immediately upon acceptance of the booking by BOTH the Client and the Artist, whether orally, electronically or in writing.

 

1.2 The fact that the contract has not been signed or returned is not sufficient to invalidate the booking or acceptance of these terms. By paying the 25% deposit this will be their acceptance of “The Booking Agreement and the Terms and Conditions”.

 

1.3 Steven Brown – Magician will store the “The Booking Agreement” for safekeeping (copies of which will be readily available on request) for the period up to and including the Event Date, and for a further period of eighteen months.

 

2. Changes to The Booking Agreement

 

2.1 The agreed Total Cost may be subject to change if any details of “The Booking Agreement” are altered (by agreement with both the Client and the Artist).

 

2.2 All changes to the Contract must be arranged and agreed between both parties in advance of the Event Date. Such changes will be amended and may require a new Booking Agreement to protect both parties thus the most recent Agreement once signed will be in force and any previous agreement is now null and void. If there is an outstanding balance the payment will still be due as the original invoice unless specified otherwise.

 

3. Payment of fees

 

3.1 The Total Cost and reasonable expenses (including but not being limited to the Artist’s reasonable travel time and cost), hotel fees if applicable. The quote shall provide a break down of the Total Cost and will be sent to the Client via email, text or WhatsApp depending on the client’s preferences. The Total Cost will set out the actual fee payable for the performance (“Fee”), fees payable for travel, travel expenses, extras and other expenses.

 

3.2 The agreed Deposit is due strictly within 14 days of invoice (unless the booking is 1 week away in which the client will be expected to pay the full balance within 3 days. Deposits can be paid by debit/credit card or BACS transfer (details for payment are set out in The Booking Agreement or invoice). The deposit is refundable (for more information please look at Term 4).

 

3.3 Unless otherwise agreed by the Artist and the Client in writing on “The Booking Agreement”, the Balance is payable to the Artist by bank transfer 1 week prior to the event.

 

3.4 If any fee which the Client is due to pay prior to the Event Date has not been received at least 5 working days before the Event Date, the Artist has the right to terminate this Contract without penalty and the Client will forfeit any other fees paid previously and remain liable for any cancellation fees due (see Term 4 below). The Artist will make all reasonable attempts to collect any outstanding balances within this timeframe.

 

 

4. Cancellations by the Client

 

4.1 CANCELLATION PERIOD / CANCELLATION FEE

 

This Agreement is entered into in good faith by both parties. However, if for any reason the client cancels this Agreement within:

 

* over 60 days before Event: deposit refunded in full within 30 (working) days 

* 30-59 days before Event: the deposit is forfeited in its entirety

* less than 29-1 days before Event: 100% Balance of Total Fee will be due to the Artist

 

4.2 All cancellation fees shall be paid to the Artist within 14 days of notice. Failure to pay within this time frame will lead to legal action.

 

4.3 It is the Client’s responsibility to ensure their venue at the Event Address can accommodate the Artist and non-performance of this Contract by Artist due to venue restrictions shall result in the Client being liable to pay the Total Costs.

 

4.4 Postponing Your Event

 

If you have to postpone an event for reasons outside of your control you must contact the Artist with the new date for your event before reaching your original event date in this Booking Agreement. Failure to do this will result in a cancellation fee as no new date has been agreed to and you will be bound by these Terms and Conditions (see Term 4.1 for more information)

 

4.4.1 HOW TO POSTPONE YOUR EVENT

 

* Contact the Artist via mobile/email regarding the new date and any other details that may be relevant such as venue address if it has changed.

* if the Artist is available for the new date, your booking details will be updated. You will be sent a new contract to sign and confirm the new details. This allows both parties to be protected and extends to the length of which the contract will be in force. From signing the updated booking agreement you would still be required to pay the balancing payment by the original date as per your original invoice. (1 week prior to the original event date). Failure to pay will result in a cancellation fee (See Terms 4.1)

* If you can’t postpone your event and have had to cancel with the venue, please let the Artist know. In order to not have to pay a cancellation fee, you would need to book the Artist for another event (which would include the same package as you have agreed to in this booking agreement). There will be no refund if you decide to change the package to a lower one. You must send the Artist this new event date within 7 days from when you found out your event had to be cancelled.

 

5. Cancellation by the Artist

 

5.1 The Artist shall have the right to terminate this Contract only on the occurrence of a Force Majeure Event and will not be held liable to “The Booking Agreement” or to the Client.

 

5.2 The Artist shall inform the Client as soon as reasonably practicable on becoming aware of the Force Majeure Event. All reasonable attempts to find a suitable replacement artist of a similar standard, style and cost will be made by the Artist. Should a suitable replacement not be found, the Artist agrees to refund the Client the remaining balance if it has already been paid within 30 working days. By signing The Booking Agreement you accept that in a situation where a Force Majeure Event has occurred the Artist will not be liable to refund the 25% deposit back to the Client.

 

5.3 The Client shall have the right to reject any last-minute replacement artist. If the Client still requires the replacement artist to perform, this contract will still be in force. A contract between the Artist and the Replacement Artist will be formally established and emailed to you to confirm that the replacement has been successfully booked. The balance due to the Replacement Artist will still be paid to Steven by the original invoice due date and the Artist will pay the replacement artist prior to your event.

 

6. Late payment of the deposit or Final Invoice

 

6.1 Failure by the Client to pay the Deposit within the terms specified will be deemed to be a termination of The Booking Agreement by the Client and clause 4.1 shall apply. The Client will receive 2 follow up emails for payment as well as a phone call before Terms 4.1 apply to give the Client a reasonable timeframe to complete the payment. The Artist reserves the right not to attend any event where payment has not been made at least 5 days prior to the event.

 

7. Changes on the Event Date

 

7.1 Where possible, changes to the contract schedule which are unavoidable on the Event Date should first be discussed and agreed with the Artist.

 

7.2 If changes negotiated between the Client and the Artist on the Event Date are agreed to incur additional costs to the Client, e.g. if the Client wishes the Artist to change package, for instance, the Client has book a canapés package only and wishes to change to canapés and meal package the client will need to pay for the additional fee (if applicable) there and then before the Artist can fulfil this change. Payments will be taken either in cash/BACS Transfer/POS Machine and a copy of invoice and receipt will be sent to the Client upon finishing the event.

 

7.3 Any changes will be subject to these terms and conditions.

 

7.4 The Artist reserves the right to decline any changes if they feel it would impact

the quality of entertainment they could provide, without penalty.

 

8. Delayed event schedules and late finish fees

 

8.1 If due to the late running of or alterations to the Event schedule which is no fault of the Artist, the Artist is not able to perform their full performance time within the schedule outlined in this contract, there will be no reduction in the Artists fee.

 

8.2 If the Event runs late and the Artist is asked and agrees to finish later than the finish time in the booking contract, then 10% of the total balance due per 1/2 hour overrun, payable on the Event Date by the Client to the Artist in cash or by debit/ credit card shall become due as a late finish fee which must be paid before the Artist agrees to continue working. If this means that the Artist is unable to travel back home after then the Client must cover expenses such as reasonable accommodation & reasonable return travel tickets.

 

8.3 The Artist has the right to refuse to finish later than the contracted finish time without penalty.

 

9. Expenses

 

9.1 The Client has agreed by signing this contract to cover additional expenses incurred by the Artist relating to fulfilling this Agreement (including but not being limited to reasonable travel, accommodation, flight expenses)

 

9.2 If the Artist has had to pay for additional reasonable expenses on the Event Date. The Client agrees to reimburse the Artist any fees within 14 days of receipt of invoice.

 

10. Force Majeure Event

 

10.1 A “Force Majeure Event” occurs where a party is unable to comply with its obligations under this Contract for a reason outside of its control (such as war, fire, death, illness or other capacity certified by a properly qualified medical practitioner, epidemic, accident, civil commotion, national calamity, the order of Government or Local Authority having jurisdiction in the matter, changes in the law, foreign government policy, an act of God) and which is not attributable to any act or failure to take preventive action by the Artist or Client.

 

11. Refreshments

 

11.1 Water, soft, hot drinks and food must be provided by the Client if the Artist has to pay for their own refreshments during the agreed start and finish time then this will be invoiced to you and you agree to pay the Artist back in full within 14 days.

 

11.2 Upon arrival at the venue you agree to give me 2 packs of Smarties. 

 

12. General

 

12.1 This Contract may be executed in any number of counterparts each of which when executed and delivered is an original but all the counterparts together shall constitute the same document.

 

12.2 The parties agree that this contract is governed by English law and hereby submit to the exclusive jurisdiction of the courts of England and Wales.

TERMS & CONDITIONS

Any booking WHETHER CONFIRMED VERBALLY, ELECTRONICALLY OR IN WRITING will be a legally binding contract subject to the following non- negotiable terms and conditions of booking: 

 

1. Confirming the booking

1.1 All bookings take effect immediately upon acceptance of the booking by BOTH the Client and the Artist, whether orally, electronically or in writing.

 

1.2 The fact that the contract has not been signed or returned is not sufficient to invalidate the booking or acceptance of these terms. By paying the 25% deposit this will be their acceptance of “The Booking Agreement and the Terms and Conditions”.

 

1.3 Steven Brown – Magician will store the “The Booking Agreement” for safekeeping (copies of which will be readily available on request) for the period up to and including the Event Date, and for a further period of eighteen months.

 

2. Changes to The Booking Agreement

 

2.1 The agreed Total Cost may be subject to change if any details of “The Booking Agreement” are altered (by agreement with both the Client and the Artist).

 

2.2 All changes to the Contract must be arranged and agreed between both parties in advance of the Event Date. Such changes will be amended and may require a new Booking Agreement to protect both parties thus the most recent Agreement once signed will be in force and any previous agreement is now null and void. If there is an outstanding balance the payment will still be due as the original invoice unless specified otherwise.

 

3. Payment of fees

 

3.1 The Total Cost and reasonable expenses (including but not being limited to the Artist’s reasonable travel time and cost), hotel fees if applicable. The quote shall provide a break down of the Total Cost and will be sent to the Client via email, text or WhatsApp depending on the client’s preferences. The Total Cost will set out the actual fee payable for the performance (“Fee”), fees payable for travel, travel expenses, extras and other expenses.

 

3.2 The agreed Deposit is due strictly within 14 days of invoice (unless the booking is 1 week away in which the client will be expected to pay the full balance within 3 days. Deposits can be paid by debit/credit card or BACS transfer (details for payment are set out in The Booking Agreement or invoice). The deposit is refundable (for more information please look at Term 4).

 

3.3 Unless otherwise agreed by the Artist and the Client in writing on “The Booking Agreement”, the Balance is payable to the Artist by bank transfer 1 week prior to the event.

 

3.4 If any fee which the Client is due to pay prior to the Event Date has not been received at least 5 working days before the Event Date, the Artist has the right to terminate this Contract without penalty and the Client will forfeit any other fees paid previously and remain liable for any cancellation fees due (see Term 4 below). The Artist will make all reasonable attempts to collect any outstanding balances within this timeframe.

 

 

4. Cancellations by the Client

 

4.1 CANCELLATION PERIOD / CANCELLATION FEE

 

This Agreement is entered into in good faith by both parties. However, if for any reason the client cancels this Agreement within:

 

* over 60 days before Event: deposit refunded in full within 30 (working) days 

* 30-59 days before Event: the deposit is forfeited in its entirety

* less than 29-1 days before Event: 100% Balance of Total Fee will be due to the Artist

 

4.2 All cancellation fees shall be paid to the Artist within 14 days of notice. Failure to pay within this time frame will lead to legal action.

 

4.3 It is the Client’s responsibility to ensure their venue at the Event Address can accommodate the Artist and non-performance of this Contract by Artist due to venue restrictions shall result in the Client being liable to pay the Total Costs.

 

4.4 Postponing Your Event

 

If you have to postpone an event for reasons outside of your control you must contact the Artist with the new date for your event before reaching your original event date in this Booking Agreement. Failure to do this will result in a cancellation fee as no new date has been agreed to and you will be bound by these Terms and Conditions (see Term 4.1 for more information)

 

4.4.1 HOW TO POSTPONE YOUR EVENT

 

* Contact the Artist via mobile/email regarding the new date and any other details that may be relevant such as venue address if it has changed.

* if the Artist is available for the new date, your booking details will be updated. You will be sent a new contract to sign and confirm the new details. This allows both parties to be protected and extends to the length of which the contract will be in force. From signing the updated booking agreement you would still be required to pay the balancing payment by the original date as per your original invoice. (1 week prior to the original event date). Failure to pay will result in a cancellation fee (See Terms 4.1)

* If you can’t postpone your event and have had to cancel with the venue, please let the Artist know. In order to not have to pay a cancellation fee, you would need to book the Artist for another event (which would include the same package as you have agreed to in this booking agreement). There will be no refund if you decide to change the package to a lower one. You must send the Artist this new event date within 7 days from when you found out your event had to be cancelled.

 

5. Cancellation by the Artist

 

5.1 The Artist shall have the right to terminate this Contract only on the occurrence of a Force Majeure Event and will not be held liable to “The Booking Agreement” or to the Client.

 

5.2 The Artist shall inform the Client as soon as reasonably practicable on becoming aware of the Force Majeure Event. All reasonable attempts to find a suitable replacement artist of a similar standard, style and cost will be made by the Artist. Should a suitable replacement not be found, the Artist agrees to refund the Client the remaining balance if it has already been paid within 30 working days. By signing The Booking Agreement you accept that in a situation where a Force Majeure Event has occurred the Artist will not be liable to refund the 25% deposit back to the Client.

 

5.3 The Client shall have the right to reject any last-minute replacement artist. If the Client still requires the replacement artist to perform, this contract will still be in force. A contract between the Artist and the Replacement Artist will be formally established and emailed to you to confirm that the replacement has been successfully booked. The balance due to the Replacement Artist will still be paid to Steven by the original invoice due date and the Artist will pay the replacement artist prior to your event.

 

6. Late payment of the deposit or Final Invoice

 

6.1 Failure by the Client to pay the Deposit within the terms specified will be deemed to be a termination of The Booking Agreement by the Client and clause 4.1 shall apply. The Client will receive 2 follow up emails for payment as well as a phone call before Terms 4.1 apply to give the Client a reasonable timeframe to complete the payment. The Artist reserves the right not to attend any event where payment has not been made at least 5 days prior to the event.

 

7. Changes on the Event Date

 

7.1 Where possible, changes to the contract schedule which are unavoidable on the Event Date should first be discussed and agreed with the Artist.

 

7.2 If changes negotiated between the Client and the Artist on the Event Date are agreed to incur additional costs to the Client, e.g. if the Client wishes the Artist to change package, for instance, the Client has book a canapés package only and wishes to change to canapés and meal package the client will need to pay for the additional fee (if applicable) there and then before the Artist can fulfil this change. Payments will be taken either in cash/BACS Transfer/POS Machine and a copy of invoice and receipt will be sent to the Client upon finishing the event.

 

7.3 Any changes will be subject to these terms and conditions.

 

7.4 The Artist reserves the right to decline any changes if they feel it would impact

the quality of entertainment they could provide, without penalty.

 

8. Delayed event schedules and late finish fees

 

8.1 If due to the late running of or alterations to the Event schedule which is no fault of the Artist, the Artist is not able to perform their full performance time within the schedule outlined in this contract, there will be no reduction in the Artists fee.

 

8.2 If the Event runs late and the Artist is asked and agrees to finish later than the finish time in the booking contract, then 10% of the total balance due per 1/2 hour overrun, payable on the Event Date by the Client to the Artist in cash or by debit/ credit card shall become due as a late finish fee which must be paid before the Artist agrees to continue working. If this means that the Artist is unable to travel back home after then the Client must cover expenses such as reasonable accommodation & reasonable return travel tickets.

 

8.3 The Artist has the right to refuse to finish later than the contracted finish time without penalty.

 

9. Expenses

 

9.1 The Client has agreed by signing this contract to cover additional expenses incurred by the Artist relating to fulfilling this Agreement (including but not being limited to reasonable travel, accommodation, flight expenses)

 

9.2 If the Artist has had to pay for additional reasonable expenses on the Event Date. The Client agrees to reimburse the Artist any fees within 14 days of receipt of invoice.

 

10. Force Majeure Event

 

10.1 A “Force Majeure Event” occurs where a party is unable to comply with its obligations under this Contract for a reason outside of its control (such as war, fire, death, illness or other capacity certified by a properly qualified medical practitioner, epidemic, accident, civil commotion, national calamity, the order of Government or Local Authority having jurisdiction in the matter, changes in the law, foreign government policy, an act of God) and which is not attributable to any act or failure to take preventive action by the Artist or Client.

 

11. Refreshments

 

11.1 Water, soft, hot drinks and food must be provided by the Client if the Artist has to pay for their own refreshments during the agreed start and finish time then this will be invoiced to you and you agree to pay the Artist back in full within 14 days.

 

11.2 Upon arrival at the venue you agree to give me 2 packs of Smarties. 

 

12. General

 

12.1 This Contract may be executed in any number of counterparts each of which when executed and delivered is an original but all the counterparts together shall constitute the same document.

 

12.2 The parties agree that this contract is governed by English law and hereby submit to the exclusive jurisdiction of the courts of England and Wales.

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