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1.                    INTERPRETATION

1.1.               In these Terms:

“Booking Contractmeans the sheet to which these Terms are appended;

“Client” means the person named on the Booking Contract for whom CLE has agreed to provide the Service in accordance with these Terms;

“CLE’s Charges” means the charges shown in the Booking Contract;

“CLE Materialmeans any documents, plans, drawings or other materials (including but not limited to props, costumes and training materials) and any information provided by the      CLE relating to the Service;

“CLE” means (Clown Leisure Entertainments)

“Contract” means the contract for the provision of the Service;

“Deposit” means the deposit, if any, paid by the Client in accordance with the Booking Contract;

“Performers” means any other entertainers or performers selected by CLE to be engaged in the provisions of the Service;

“Event Datemeans the date on which the Service is to be provided;

“Service” means the service (which may include but not be limited to such services as the provision of entertainers and performers) that is to be provided by CLE for the Client and which is referred to in the Booking Form;

“Terms” means these Terms and Conditions;

“Venue” means the location where the Service is provided;

“Writing” includes fax.

1.2.               The headings in these Terms are for convenience only and shall not affect their interpretation.

2.                    SUPPLY OF THE SERVICE

2.1.               CLE shall provide the Service to the Client subject to these Terms. A director or other authorised signatory of CLE and the Client must agree any changes or additions to the Service or these Terms in writing.

2.2.               The Client shall at its own expense supply CLE with all necessary instructions, any information or specific requests relating to the Service, within sufficient time to enable CLE to provide the Service in accordance with the Contract.

2.3.               The Client shall at its own cost provide the Venue for the Service and shall be responsible for ensuring the safety and upkeep of the Venue and that it is appropriately insured and that it is in a suitable condition and available on the Programme Dates for the provision of the Service.

2.4.               The Service shall be provided to CLE in accordance with the Booking Contract subject to these Terms.

2.5.               CLE may at any time (notify the Client) make any changes to the Service which is necessary to comply with any applicable safety or other statutory requirements or which do not materially alter the Service to be provided.

3.                    CHARGES

3.1.               Subject to any special terms agreed, the Client shall pay CLE’s Charges and any additional sums which are agreed between CLE and the Client for the provision of the Service (“Agreed Expenses”) or which, in CLE’s sole discretion, are reasonably required as a result of the Client’s instructions or lack of instructions, any variation to the Service requested by the Client, the inaccuracy of any Client Material or any other reasonable cause attributable to the Client. 

3.2.               If the Service is provided, then the costs of any travel expenses and overnight accommodation and meals incurred by CLE’s employees in connection with the Events of the Service will be deemed to be Agreed Expenses. 

3.3.               CLE shall be entitled to vary CLE’s Charges from time to time by giving not less than three months’ notice in Writing to the Client.

3.4.               All charges quoted to the Client for the provision of the Service, the Agreed Expenses are exclusive of any Value Added Tax, for which the Client shall be additionally liable.

3.5.               CLE shall be entitled to invoice the Client immediately following each event date.  If the Service is to be provided on separate event dates falling more than 7 days apart, then CLE may invoice the Client in separate instalments following each event date.

3.6.               CLE’s Charges and any additional sums payable shall be paid by the Client (together with any applicable Value Added Tax, and without any set-off or other deduction) no later than 30 Business Days after the date of CLE’s invoice.

3.7.               If payment is not made on the due date, CLE shall be entitled, without limiting any other rights it may have, to charge interest on the outstanding amount (both before and after any judgment) in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 (as amended) from the due date until the outstanding amount is paid in full.

4.                    RIGHTS IN CLIENT MATERIAL AND CLE MATERIAL

4.1.               The property and any copyright or other intellectual property rights in:

4.1.1.                  any Client Material shall belong to the Client

4.1.2.                  Any CLE Material shall belong to CLE, subject only to the right of the Client to use CLE Material for the purposes of utilising the Service as agreed by CLE on or prior to the event date.

4.2.               CLE and the Client agree to keep all CLE Material and Client Material confidential unless otherwise agreed in Writing.

4.3.               The Client hereby licences CLE to use any of its Client Material, including any logos, images and Trade Marks in the CLE Materials designed for the Client.

4.4.               CLE and the Client each warrant to the other that any CLE Material and/or Client Material and its use by the other respectively for the purposes of utilising or providing the Service will not infringe the copyright or other rights of any third party.

4.5.               The Client shall not be entitled to make or cause to be made any recordings (whether video, sound, film, digital or photographic recordings on any system) of the Service or of the Performers without the prior written consent of one of the directors of CLE. 

4.6.               The Client shall not be entitled to use, alter, reproduce or publish any CLE Materials or recordings of any part of the Service which are generated or used by the Client in connection with the Service without the prior written consent of one of the directors of CLE and CLE hereby reserves all its rights in respect of such CLE Materials and recordings.

4.7.               The Client agrees that if any reproductions of such CLE Materials or recordings are authorised it shall ensure that CLE, and if requested, the Performers, are appropriately identified with any works which are reproduced.

5.                    WARRANTIES AND LIABILITY

5.1.               CLE warrants to the Client that the Service will be provided using reasonable care and skill and, as far as reasonably possible, in accordance with and at the intervals and within the times referred to in the Booking Contract.  All other warranties in other terms, whether expressed or implied, statutory or otherwise, are excluded with the fullest extent resulted by law.

5.2.               CLE shall have no liability to the Client for any loss, damage, costs, expenses or other claims for compensation arising from any Client Material or instructions supplied by the Client which are due to any fault of or omission by the Client.

5.3.               Except in respect of death or personal injury caused by CLE’s negligence, or as expressly provided in these Terms, CLE shall not be liable to the Client by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims whether caused by the negligence of CLE, its servants or agents (including the Performers) employed by it or otherwise which arise out of or in connection with the provision of the Service or their use by the Client, and the entire liability of CLE under or in connection with the Contract shall not exceed the amount of CLE’s Charges for the provision of the Service, except as expressly provided in these Terms.

5.4.               CLE shall not be liable to the Client or be deemed to be in breach of the Contract by reason of either any delay in performing, or any failure to perform, which shall include the illness or injury of any of the Performers, any of the CLE’s obligations in relation to the Service, if the delay or failure is due to any cause beyond the CLE’s reasonable control, including without limitation strikes, lock-outs or other industrial disputes(whether involving the workforce of the party so prevented or any other party), act of God, war, riot, civil commotion, malicious damage, compliance with any law or government order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood or storm or poor weather or default of suppliers or sub-contractors of war, civil war, armed conflict or terrorist attack, nuclear, chemical or biological contamination or sonic boom.

5.5.               CLE selects and employs a wide range of entertainers and performers to provide the Service. CLE uses care in selecting these individuals but CLE shall have no liability for their actions outside the normal scope of their duties.

5.6.               CLE reserves the right to employ whichever Performers it feels are appropriate for the supply of the Service and makes no warranty that specific Performers shall be supplied to the Client for the Service. CLE shall have the right to substitute, vary or replace any entertainers to be utilised in connection with the Service with your approval before the changes are substituted.

6.                    cancellation And Termination

6.1.               The Client shall be entitled to terminate this Contract at any time by giving CLE not less than 30 Business Days’ written notice to CLE

6.2.               The Client acknowledges that in making its reservation for the dates and times set out in the Booking Contract CLE has been prevented from making other bookings for those dates and times and may have reserved the services of certain Performers.  In the event that the Client cancels or reschedules its request for the Service within 30 Business Days of the Event Date, the Client shall be liable for payment of the following:

Time of Cancellation or Rescheduling

Payment Due

Within ten Business Days of the Event Date

100% of CLE’s Charges

Within eleven to twenty Business Days of the Event Date

50% of CLE’s Charges

Within twenty one to thirty Business Days of the Event Date

25% of CLE’s Charges

6.3.               In addition to the cancellation and rescheduling charges set out in clause 6.2, the Client shall be liable to CLE for any costs incurred and work completed in relation to the production of any CLE Materials in relation to the Service, which for the purposes of entertaining may include but not be limited to any event development materials, proposals.  Such preparatory work by CLE shall be charged to the Client on the basis of the hourly rate of the employee engaged in the production of such CLE Materials. 

6.4.               On receipt by CLE of a notice of cancellation or rescheduling of the Service CLE shall be entitled to issue an invoice in respect of all amounts due to CLE immediately.

6.5.               In the event that the Client refuses to permit the provision of the Service, or fails in the reasonable opinion of CLE to provide reasonable facilities including the Venue or to take any necessary action on its part for the provision of the Service by CLE, then such an event shall be treated as a cancellation of the Contract by the Client and CLE shall be entitled to receive payment from the Client in accordance with the terms of clauses 6.1 and 6.2.

6.6.               Either party may (without limiting any other remedy) at any time terminate the Contract by giving notice in Writing to the other if the other commits any breach of these Terms and (if capable of remedy) fails to remedy the breach within 30 Business Days after being required by notice in Writing to do so, or if the other goes into liquidation, becomes bankrupt, makes a voluntary arrangement with its creditors or has a receiver or administrator appointed.

7.                    GENERAL

7.1.               These Terms (together with the terms, if any, set out in the Booking Contract) constitute the entire agreement between the parties, supersede any previous agreement or understanding and may not be varied except in Writing by an authorised signatory of CLE or the Client between the parties.

7.2.               A notice required or permitted to be given by either party to the other under these Terms shall be in Writing addressed to the other party at the address set out in the Booking Contract or at its registered office.

7.3.               No failure or delay by either party in exercising any of its rights under the Contract shall be deemed to be a waiver of that right, and no waiver by either party of any breach of the Contract by the other shall be considered as a waiver of any subsequent breach of the same or any other provision.

7.4.               If any provision of these Terms is held by any court or other competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and the remainder of the provision in question shall not be affected.

7.5.               Any dispute arising under or in connection with these Terms or the provision of the Service shall be referred to arbitration by a single arbitrator appointed by agreement or (in default) nominated on the application of either party by the President for the time being of the Law Society.

7.6.               English law shall apply to the Contract, and the parties agree to submit to the non-exclusive jurisdiction of the English courts.

 

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