Stephanie Lamey trading as Surefire Circus whose registered office is at Glenluce, Portsmouth Road, Thames Ditton, Surrey, KT70TQ ("Agent") has prepared these terms and conditions. If for whatever reason you do not understand any part of these terms of service please contact us either by phone (07842 128280) or email (firstname.lastname@example.org)
These Terms and conditions come in to affect upon the confirmation of a booking and will be re-issued along with specific details on the client (as identified in correspondence) in order to form a contract. In extreme circumstances, such as a booking taking place in very short notice, a contract may not be formally presented. In these circumstances the client will be asked to read and agree to the following terms and conditions.
Any booking (confirmed in any manner by both client and agent) will be a legally binding contract subject to the following terms and conditions. Confirmation may take place verbally, electronically or in written form.
1.1 This booking contract is made between the Client and the Agent in respect to a performance as laid out in the booking form. The client has no contract with the artist.
1.2 These are the Agents standard terms of service that are implemented on most bookings. In exceptional circumstances alterations may be made to the final contract. In such cases the Client shall be made aware of these alterations with specific attention brought to the changes.
2. Confirmation of a booking
2.1 A booking is confirmed upon acceptance by both the Agent and the Client - and upon receiving the requested deposit by the Client. Where no deposit is requested the booking is considered confirmed after oral, electronic, or written confirmation by both Agent and Client.
2.2 The fact that the Contract has not been signed or returned is not sufficient to invalidate the booking or acceptance of these terms.
2.3 A copy of the contract will be stored by the Agent and will be available upon request.
3. Changes to contract
3.1 Any change to the contract will be agreed by both parties and any adjustment to cost will be agreed upon either electronically(via email) or in writing.
3.2 Small alterations to the contract may be made at the discretion of the Artist and the Client (for instance a change in the time of the performance.) The artist will be encourage to facilitate such changes but not obligated to do so. Any adjustment of cost must be negotiated solely with the Agent and never with the Artist.
3.3 In cases where the Agent is forced to alter the contract (if for instance a performer becomes unavailable) the client will be presented with the opportunity to terminate the contract and receive a full refund for services not yet rendered.
4.1 The client will be provided with the total cost of booking prior to confirmation of booking. The cost may be inclusive or broken down depending upon the request of the client.
4.2 The agreed Deposit is required in order to secure a booking and will be non-refundable except in exceptional circumstances (listed below).
4.3 The remaining balance must be payed to the agent 5 working days prior to the event date unless special provision is included in the booking form. Any such provision must be negotiated prior to the booking confirmation.
4.4 If Payment has not cleared 5 working days prior to the event date the Agent reserves the right to cancel the booking without notice and the client will forfeit any deposit paid.
4.5 Any costs incurred for securing payment not made as per the payment schedule by the client will be passed on to the client.
5.1 In the event that the Agent is forced to cancel a contract a full refund will be issued.
5.2 The performance maybe cancelled due to adverse weather conditions, if the artist believes it unsafe to perform. In such circumstances the artist will be encouraged (but not obligated) to provide alternative entertainment. The client will be required to pay in full the remaining balance if such a cancellation occurs.
5.3 The client may cancel the contract 60 days prior to the event and retain all payment excluding the requested non-refundable deposit. Any payment made exceeding the requested deposit shall be refunded by the agent within 14 working days of request.
5.4 Cancellations made by the client within 60 days of the event will be subject to full payment by the client minus any payment for expenses (such as travel expenses for the artist on the day)
5.5 It is the Client's responsibility to ensure the venue for the event can accomodate the performance by the artist. In instances where, for whatever reason, the performance is not possible due to venue restrictions, the client will be liable to pay the total cost of the contract.
6. Delayed event schedules and late finish fees
6.1 If for whatever reason the event should over run and the artist is unable to carry out their full performance there will be no reduction in fee accept in cases where the artist or agent is directly to blame.
6.1.1 In such circumstances in which the client believes the agent or artist is to blame for the over running of the event reasonable measures will be taken to contact the agent in order to negotiate any reduction in price.
6.1.2 The artist or agent shall only be considered "at blame" for the over running of an event if the performer is, through his own fault, not ready and available to begin each performance at the time listed on the booking form.
6.2 The Artist has the right to refuse to finish later than the contracted finish time without penalty. The artist will be encouraged (but not obligated) to accommodate any such change.
6.2.1 In circumstances in which the artist finished significantly later the artist and client may negotiate cash payment of additional expenses (for instance for a hotel for the artist).
7. Re-booking of the Artist
13.1 The Client agrees to negotiate all future bookings of the artist with the agent and not with the artist.
8. Force Majeure Event
8.1 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, order of Government or Local Authority having jurisdiction in the matter, changes in law, foreign government policy, act of God) and which is not attributable to any act or failure to take preventive action by the Artist or Client.
8.2 Under such circumstances the client will pay total cost of the booking minus as of yet unpaid expenses.
9. Rights of Third Parties
9.1 In addition to the Client and the Artist, the terms of this Contract may be enforced in accordance with the Contracts (Rights of Third Parties) Act 1999 by the Agent.
9.2 Subject to clause 19.1, no other person who is not party to this Contract may enforce its terms by virtue of that Act.