AGREED TERMS & CONDITIONS
- Hipswing Entertainments Limited acts as Agent between the Customer and the Artiste. Bookings are arranged by the Agent for the Customer and the Artiste on the following terms and conditions.
- By entering into this agreement the Customer and the Artiste agree to be bound by the terms and conditions.
- The terms “Customer”, “Artiste”, “Venue”, “Event Date”, “Fee” and “Arrangement fee” shall have the meaning attributed to them in the Booking Form.
- “Booking Form” shall mean the booking form signed by both parties and attached to these Terms and Conditions.
- Confirmation of Agreement
- The Customer’s booking takes immediate effect from the acceptance by the Agent of the Booking Form and receipt of the Arrangement fee.
- In consideration of payment by the Customer of the Fee, the Artiste agrees to perform at the Venue on the Event Date.
- Arrangement fee
- The Arrangement fee is payable by the Customer at the time of completing the Booking Form.
- For the avoidance of doubt, no bookings will be accepted and processed until the Arrangement fee is received.
- The Arrangement fee should be paid as per the instructions on the booking form
- The Arrangement fee is non-refundable in all circumstances.
- Once a booking has been accepted and processed cancellation of the booking by either the Customer or the Artiste is strictly prohibited.
- The Agent reserves the right to make a charge (“the Cancellation Charge”) against the Customer should the Customer wish to cancel the booking.
- The Cancellation Charge will be computed as follows:
|Notice Period||Cancellation Charge
|Notice of Cancellation received 80- 31 days prior to Event Date||Arrangement fee plus 25% of the Fee outstanding.|
|Notice of Cancellation received 30 days or less prior Event Date||Arrangement fee plus 100% of the Fee outstanding.|
- Where cancellation is due to Force Majeure (“a Force Majeure Event”) no Cancellation Charge shall be payable by the Customer. For the avoidance of doubt a Force Majeure Event shall include: acts of nature (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, acts of foreign combatants, terrorists acts, military or other usurped political power or confiscation, nationalization, government sanction or embargo.
- Notice of cancellation (“the Notice”) of the Booking by the Customer shall only be valid if made by email to firstname.lastname@example.org or in writing and sent by post to Hipswing Entertainments Limited, Unit 10 Oasis Business Park, Road One, Winsford Industrial Estate, Winsford, Cheshire, CW7 3RY
- Cancellation of the booking shall take effect on the first working day after receipt of the Notice of Cancellation in accordance with clause 5 above. Where Notice of Cancellation is sent by email, any email received after 5pm will be treated as having been received on the following working day. This will be the date from which the Cancellation Charge is calculated.
- Upon receipt of the Notice an invoice will be raised for the Cancellation Charge and sent to the Customer’s address as indicated on the Booking Agreement. Payment of the Cancellation Charge is due in full within 7 days of the date of our invoice.
- Upon receipt of the Notice the Agent shall notify the Artiste as soon as reasonably practicable. Upon receipt of the Notice the Agent shall pay to the Artiste the agreed cancellation fee. The Agent shall not be liable to pay to the Artiste any cancellation fee demanded by the Artiste that is more than the Cancellation Charge received by the Agent from the Customer.
- Where cancellation is caused by the Artiste, the Agent shall use its best endeavours to procure a similar replacement act of a similar value. Where a replacement act of similar value cannot be found but an act of greater value is available, the Agent shall offer the replacement act to the Customer at the greater fee. If no similar replacement act can be found or the Customer refuses to pay the greater fee the Agent agrees that this contract shall cease and determine and shall repay to the Customer all monies paid by the Customer to the Agent not already spent by the Agent in discharging this Agreement.
- Payment of Fee
- The balance of the Fee is payable as indicated on the invoice and/or the payment request
- Part or all of the Fee may be subject to VAT which will be billed to the Customer as part of the Agent’s invoice.
- The Agent does not employ the Artiste and therefore will not be liable to arrange for the payment of any of the Artiste’s tax, national insurance or VAT contributions.
- Limitation of Liability
- As the Agent acts as an agency between the Customer and the Artiste, no liability is accepted for non-fulfilment, breach of contract, damage to or loss of property or any criminal activity committed by the Artiste.
- By making this booking through the Agent, the Customer accepts that it has taken every reasonable step to ensure that the Artiste is suitable for the Venue and that the Venue has all required licensing and documentation for the Artiste to perform. No liability is accepted by the Agent should the Artiste be refused permission to perform at the Venue. Where the Artiste cannot perform at the Venue on the Event Date then the full Fee is payable by the Customer.
- Should a dispute arise between the Artiste and the Customer regarding changes to the Booking or performance not agreed in writing by the Agent then the Customer and the Artiste shall resolve the dispute as between themselves. The Agent accepts no liability for loss of enjoyment by the Customer on the Event Date.
- The Agent shall not be liable for any damage or injury to equipment of the Artiste or the Artiste or the Customer not directly caused by the Agent.
- Artiste’s service
- The Artiste will provide all necessary equipment to perform at the Venue on the Event Date. All equipment of the Artiste shall be in good working order and safe to use. The Artiste is responsible for its own public liability insurance and shall obtain all necessary insurances and licenses for the equipment used.
- The Artiste shall be suitably attired and shall have a neat and tidy appearance. The Artiste shall not behave in a manner which could be deemed by a reasonable guest at the Venue as in an anti-social way, to include but not limited to excessive drinking before, during and after the performance, illegal drug use, excessive swearing and smoking in prohibited areas.
- The Artiste shall use its best endeavours to perform at a quality level equal to the material that induced the Customer to book the Artiste, subject to any restraints which could impair the quality of the performance agreed in Clause 3.
- Where the event is late running through no fault of the Artiste the Artiste shall be entitled to refuse to finish later than the previously agreed finish time. Where the Artiste agrees to run later than the finish time, the Artiste and the Customer may agree to extend the service of the Artiste and the Artiste shall be entitled to charge the Customer an extra fee, such fee and method of payment to be agreed between the Artiste and the Customer on the day. The Agent shall not be liable for the collection of the extra fee on behalf of the Artiste.
- The Artiste agrees with the Agent not to hand out business cards or flyers on the Event Date and to refer all potential customers to contact the Agent for bookings. The Artiste further agrees not to engage with the Customer directly regarding future bookings but to refer them back to the Agent.
- Equipment Hire
- The Customer agrees and confirms that the Customer is responsible for safe keeping and safety of the equipment hired (if any) to the Customer as set out in the Schedule hereto (“Equipment”). During the hire period
- The Customer shall put in effect a suitable policy of insurance (“the Policy”) to cover at full re-instatement value the risk of loss or damage to the Equipment howsoever caused and will ensure that the Policy continues for the period of hire.
- Should the Policy either not be effected, or not continue for the full period of hire or should the Policy be invalidated by any act or omission caused or allowed to be caused by the Customer then the Customer agrees to meet within 21 days of demand made by or on behalf of Hipswing Entertainments Limited:
- the full cost of the replacement of or repair to any or all of the Equipment; or
- any shortfall between the moneys recovered under the Policy and the actual costs of replacement of or repair to any or all of the Equipment.
- The terms and conditions contained within this Booking Form represent the entire agreement between Hipswing Entertainments Limited and you the Customer. Any changes to the terms and conditions must be in writing before the Booking Date and at the consent of Hipswing Entertainments Limited.
- Any changes may result in a change in the agreed Fee.
- The Customer is entitled to contact the Artiste directly to negotiate the Artiste’s requirements regarding food, travel and accommodation and the needs of the Customer regarding the limitations and restrictions of the Venue to include but not limited to lighting and volume limiters. These needs will be agreed in advance of the Event Date between the Customer and the Artiste.
- The Customer agrees not to approach the Artiste directly to engage in further bookings for a period of 18 weeks from the Event Date and will ensure that all future bookings are made through Hipswing Entertainments Limited.
- The above terms and conditions represent the entire agreement between the parties and no changes to the agreement shall be agreed unless made in writing by the Agent.
- This agreement and any dispute or claim arising out of it or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the laws of England and the parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.
LED Dance Floors Terms and Conditions
1) I am aware that the surface, which the floor is to be laid upon, needs to be both flat and dry. An uneven floor may result in the LED’s not working, as the panels will not connect correctly and create a circuit. Our staff will not lay the dance floor on a wet surface, as this will damage the panels.
2) I understand that Metallic Confetti or anything small that is a conductor of electricity can ‘short circuit’ the dance floor which will result in the dance floor losing its illumination.
3) Hipswing Entertainments will not be held responsible if we cannot lay the dance floor due to the surface being wet or uneven.
4) The venue needs to have suitable access (i.e. no stairs) so that we can wheel the dance floor (in its trolley) into the venue. Where the function room is upstairs a lift will be required, without this an extra charge may be made in order for extra staff to be allocated to your event to carry the dance floor panels into the function room.
5) No objects such as tables, chairs, pianos, staging etc. are to be placed on the dance floor as this causes damage. The dance floor is hired out for the sole purpose of dancing upon.
6) Hipswing Entertainments do operate a no drinks on the dance floor policy, excess liquid on the dance floor can result in an electrical ‘short circuit’ please inform your venue duty manager/supervisor of this.
7) All equipment shall be returned in a reasonable condition allowing for normal usage, otherwise additional repair and cleaning charges may apply.
8) Hipswing Entertainments will not be responsible for, and the hirer will indemnify against all claims for injury to persons, or loss of or damage to property however caused, unless it to be proven that such injury or damage resulted from faulty materials, workmanship, or negligence on the part of the company. Hipswing Entertainments shall not accept any consequential costs or damages arising from unavoidable delay, bad weather or accident. The hirer shall take precautions to ensure alternative arrangements are made in such a situation
I have read and understand the above, and agree to be bound by these Terms & Conditions.