THIS CONTRACT for the services of the music and/or entertainment described below made this 10TH day
of AUGUST, 2015 between the undersigned Purchaser of music and/or entertainment (hereinafter called
the "Purchaser") and the Artist(s) / Entertainment (plus any accompanying musicians and/or entertainers) as
described below, an independent contractor(s) (hereinafter called the "Artist").
The Purchaser hereby engages the Artist and the Artist hereby agrees to perform the engagement
hereinafter provided with all terms and conditions herein set forth including those entitled "Additional
Terms and Conditions".
01. NAME OF ARTIST(S) / ENTERTAINMENT: WINNIE THE POOH BOUNCY CASTLE
02. NUMBER OF ARTISTS: DELIVER - INFLATE - DEFLATE - REMOVE
03. PLACE OF ENGAGEMENT: WOOBURN SCOUT HEADQUARTERS
04. ADDRESS OF ENGAGEMENT: WATERY LANE, WOOBURN GREEN,
HIGH WYCOMBE, BUCKINGHAMSHIRE. HP10 0NE
05. DATE(S) OF ENGAGEMENT: 17TH OCTOBER 2015
06. HOURS OF ENGAGEMENT: 11:00 am - 2:00pm 07. SET-UP TIME: 10:30 am
08. TYPE OF ENGAGEMENT: CHILD'S BIRTHDAY PARTY
09. DRESS CODE: N/A
10. PRICE AGREED UPON: # 97.50 (GBP)
11. METHOD OF PAYMENT AS FOLLOWS:
COMMISSION / DEPOSIT: # 22.50 (GBP) Payable to: MEGA FUN (UK) On return of Contract.
(Please make cheques payable to "Mega Fun (UK)" and write the contract reference number on the reverse
of your cheque). See INVOICE / RECEIPT for other methods of making payment.
BALANCE: # 75.00 (GBP) Payable to: BOUNCE KRAZEE BOUNCY CASTLES in cash immediately
upon arrival to the event venue and before any equipment is set-up.
IN CASE OF DEFAULT BY PURCHASER: Liquidation damages of the Artist or Entertainment will be the
amount stated in BALANCE, plus reasonable solicitors fees and court costs.
COMMISSION / DEPOSIT will be retained by AGENT for services rendered.
12. SOUND AND / OR LIGHTING PROVIDED BY: N/A
Terms of Business
These terms of business will form the basis of the contract between you (the hirer) and ourselves (Mega Fun (UK)). Unfortunately we are unable to guarantee bookings until contracts are signed and returned to us. If you (the hirer) are in any doubt as to the meaning of any of the following, you should immediately contact a representative of Mega Fun (UK) on 07481 862 798 where clarification can be sought.
01) Mega Fun (UK) may act as an Employment Agency or as an Employment Business, at its sole discretion. The way in which Mega Fun (UK) is acting for each booking will be clearly shown in the documentation issued.
a) All of our email addresses connected with the business can only be used for the purpose intended; TheOffice@megafunuk.co.uk used only if given out by the senior executive, enquiries@megafunuk.co.uk used for all entertainment enquiries, accounts@megafunuk.co.uk used for customer account enquiries. Emails that are received using the wrong email address will be deleted without reading. Email addresses used in any other way apart from the way stated, are strictly prohibited, and the sender will be dealt with accordingly.
02) When acting as an Employment Agency:
a) Mega Fun (UK) acts as negotiator only and is not a party to the resulting contract. For this reason, Mega Fun (UK) cannot accept responsibility for non-fulfilment or breach of any such contract, but every reasonable safeguard is assured. Wherever possible in such cases, Mega Fun (UK) will make every reasonable effort to replace the artist or engagement with one of similar price and quality.
b) Mega Fun (UK) seeks to negotiate agreements for the Artist in those branches of the entertainment field for which the Artist is suited by reason of his talent and ability.
c) For the provision of this service, Mega Fun (UK) charge a fee for services rendered, in accordance with our Commission Policy Statement. Mega Fun (UK) will also collect any applicable tax (for example: VAT) which is due under English Law. The charge may be made to either the Artist, Promoter or Client subject to the negotiated acceptance of the party in question.
d) The commission is charged only after the provision of the service has been completed. Therefore there is no provision for a refund of commission in any circumstances.
e) Where charged to the Artist, the commission will still be due if the Artist fails to appear, said non-appearance being as a result of any action or inaction of the Artist.
f) Where charged to the Promoter or Client, the commission is normally payable in advance and is always non-refundable.
g) Cancellation of any contract negotiated through Mega Fun (UK) is not normally possible without the agreement of all concerned parties. In the event of cancellation by either party without cause of illness or other unavoidable circumstances, Mega Fun (UK) reserves the right to levy a charge of up to 15% NET (+ VAT if applicable) of the agreed fee against the cancelling party, to cover the additional expenses involved in the said cancellation. This is in addition to any amounts that may be payable by either party under the terms of the said contract.
h) Mega Fun (UK) normally acts as negotiator only and as such may not enter into agreements on behalf of third parties. If at any time Mega Fun (UK) is authorised to enter into agreements on behalf of the Artist or the Client for any individual booking, such authority will be made known to both parties during the negotiation.
i) Mega Fun (UK) may receive fees due to the Artist (for example: in the event of a no pickup booking or in the course of arriving at a dispute resolution) but must account to the Artist for any such payments that it receives.
j) Agreements are made separately for each individual booking, and there is no requirement for any Artist to accept any booking offered. The Artist can therefore end the relationship by simply not accepting any further bookings and the Agent can end the relationship by not offering any such bookings.
k) If any Artist seeking employment under a normal non-exclusive agency representation agreement (i.e. who has not signed under a management or sole representation contract) should wish to cease being represented by Mega Fun (UK) and have their name and details removed from any promotional materials issued by the Agency then they can by giving a minimum of 30 days notice in writing. From that point no further promotional materials featuring the Artist will be created, but it must be understood that it is not possible to remove any information from hard copy products already published.
l) The Artist will be required to honour any and all contracts negotiated and accepted prior to the expiry of such written notice. The Artist must undertake to ensure that any ongoing commission or other financial remuneration due is paid to Mega Fun (UK) promptly and in accordance with these Terms of Business.
03) When acting as an Employment Business:
a) Mega Fun (UK) is a party to each contract and accepts responsibility for its obligations under the terms of each individual agreement including the obligation to pay the contracted fee to the Artist when it is due.
b) The fee payable to the Artist will be that fee agreed by him or her and duly indicated in the contract and in some circumstances will be payable in advance which also will be indicated in the contract.
c) No charge other than the contracted fee is made.
d) The Act / Entertainer will be employed under a contract for services agreement.
e) Any contract entered into between Mega Fun (UK) and the Artist will be for an agreed period (normally one performance) and will not provide for cancellation by either party.
f) Since the Artist will be either self-employed or an incorporated body there is no entitlement to Holiday Pay or any payment in lieu thereof.
04) Commission and monies owed to Mega Fun (UK) shall be remitted as otherwise stated in the written confirmation. Mega Fun (UK) reserves the right to deduct monies owed to the agency by any individual Artist from any monies due to that Artist and to forward any balance.
05) In order to ensure that there are no non-appearances or let downs, all verbal agreements are confirmed by the signing of a written contract. In the event of very short notice bookings, the written contract may be sent after the event for your records.
06) The display and/or presentation of any Artist's address and/or telephone number at an engagement negotiated through this agency shall be regarded as a breach of contract, and may render the Artist liable to pay severe damages in respect of that breach.
07) Access to the venue must be allowed at least half an hour to an hour before, and after each performance, to allow for setting up and dismantling of the equipment and a nearby FREE parking space to be supplied for the duration of the performance.
08) At the request of the client, if any equipment or recorded music is to be left at a venue outside of performance time, then they shall be liable for any loss or damage whatsoever to the equipment. In this situation, if access is then prevented for the removal of the equipment at a mutually agreed time, then the expenses and any other loss of earnings incurred.
09) Any contract negotiated through this agency shall be subject to these terms of business unless otherwise agreed in writing between all concerned parties. In particular, any conflicting terms of business shall have no effect.
10) Whenever the context so admits, words importing the masculine shall include the feminine and the singular number shall include the plural and vice versa as appropriate.
11) BREAKS: The Entertainment staff shall not be expected to perform for more than four hours without a suitable break or refreshments.
12) GUIDELINES FOR PRIVATE PARTIES: Band members, entertainers and personnel should refrain from eating or drinking on the premises of all private parties unless invited to do so by Client. No guest of Artist(s) are permitted without the consent of the Client.
13) THE CLIENT shall at all times have complete supervision, direction and control over the services of Artist(s) on this, and any other engagement and expressly reserves the right to control the manner, means and details of the performance of the services by the Artist as well as the ends to be accomplished. The leader shall, as agent of the client, enforce disciplinary measures for just cause, and carry out instructions as to the selection and manner of performance.
14) THE CLIENT, agrees and quarantees to pay £ 25.00 NET if under £ 100.00 or 15% if over £ 100.00 (if an ADULT or CORPORATE event) or £ 15.00 NET (if a CHILDREN'S or SCHOOL event) of the agreed price for personal services, booking fee, contract fee, and telephone expenses rendered and incured in this transaction to agent. This commission is due and payable when the client returns the signed contract and must be paid before the date that the Artist(s) is to perform for the client except where agent has already retained said commission from a deposit already paid by client. All rebookings or subsequent engagements arising from the contracted booking of this musical group/entertainer/artist into this or any establishment represented by the client (including chain buyers of music and/or entertainment) within 12 months from the termination of this agreement are to be negotiated through this agent and not direct.
15) THE AGREEMENT of the Artist to perform is subject to proven detention by sickness, accidents, riots, strikes, epidemics, acts of God, or any other legitimate conditions beyond their control. If artist is unable to perform, then agent will take reasonable measures to provide a suitable alternative Artist.
16) THE CONTRACT constitutes the sole, complete, and binding agreement between the Artist(s) and the Client. Agent and its employees act only as agent, consultant or manager, and assumes no responsibility or liability as between the Client and the Artist(s). Covenants herein contained between said Artist(s), their leader, manager or representative and Agent are intended to be binding as between said Artist(s), their leader, manager or representative and agent.
17) MEMBERS OF UNIONS OR GUILDS, which may include leader and members of this unit, agree to accept sole responsibility for complying with the rules and regulations of said unions or guilds of which they may be members.
18) THIS AGENCY reserves the right to add to, change or alter, any of the terms of business without prior notice.
19) ALL ACTS, ENTERTAINERS, ENTERTAINMENT SUPPLIERS, SERVICES ETC., who register with us by completing and signing a registration form, agree to allow Mega Fun (UK), the right to copy images and video from your website and paste such images or embed such video into our website, additional to the images / video supplied through the registration form, to enhance and help the promotion of that act, entertainer, entertainment supplier or service.
20) ALL ARTISTS, ENTERTAINERS, STAFF will conduct themselves in a sober and proper manner and respond to reasonable requests as to volume level, situation of equipment and other reasonable matters.
21) ACCESS to the venue must be allowed at least half an hour before, and after each performance, to allow for setting up and dismantling of the equipment and a nearby free parking space to be supplied for the duration of the performance.
22) LICENCES for performance of recorded music are only required at public events. Private parties, Wedding receptions, etc DO NOT REQUIRE SUCH A LICENCE. The responsibility of organising such a licence is in the hands of the Client. Should any Artist(s) be prevented from performing because a licence was not obtained then the provisions relating to the cancellation as set out in clause 22 shall apply.
23) IF THE CLIENT CANCELS a booking, other than in the time specified in clause 27, then that person shall be liable to pay the sum equal to 50% of the PRICE AGREED UPON or, if cancellation occurs within four weeks of the engagement, a sum equal to the PRICE AGREED UPON.
24) IF, AT THE REQUEST OF THE CLIENT, if any equipment or recorded music is to be left at a venue outside of performance time, then they shall be liable for any loss or damage whatsoever to the equipment. In this situation, if access is then prevented for the removal of the equipment at a mutually agreed time, then the client is liable for additional expenses and any other loss of earnings incurred.
25) BREACH. It is the responsibility of the Client to ensure there will be no breach of convents, regulations, by-laws underwhich the premises are used.
26) BEHAVIOUR. The Client is responsible for the behaviour of all their quests, customers, staff and persons at the function and will be liable for any damage or theft of entertainment equipment by such persons.
27) CANCELLATION OF CONTRACT. Once a booking is made and a contract is signed, you still have the right to cancel the contract. You can cancel the contract by completing our online notice of cancellation (the link can be found on the homepage of our website), or hand written and delivered by hand or recorded delivery to: Mega Fun (UK), Notification of Contract Cancellation, 33 Rolfe Lane, New Romney, Kent. TN28 8JP You have seven days in which to cancel, starting with the day after you receive your copy of the contract, Otherwise a cancellation fee will be charged as set out in clause 22.
28) The Commission Rate will be set at a standard rate of £ 25.00 NET if under £ 100.00 or 15% if over £ 100.00 for services rendered, thereafter, all commissions will be as specified in clause 14.
29) The document “Commission Policy” forms part of these terms, and must be read and construed as such. All contracts to which these conditions apply shall be construed in accordance with English Law.
30) ADVERTISEMENTS. Due to that the majority of our work is generated by placing adverts in Directories, Booklets and other Publications that cover different areas across the UK mainland, we will be entitled to sue any such company that produces such Directories, Booklets or Publications that is found, after our severe background check that is made on each and every company that we place advertisements with, not producing the correct number of Directories, Booklets or Publications stated when placing the advert order (i.e: operating fraudulently), for loss of business and loss of business income, whether or not the advertisement invoice has been paid for such advertisements placed. The amount of compensation claimed will be based on the average cost of the entertainment we provide at our normal commission rate of 15% (i.e: Average cost of entertainment provided: £250.00 x 15% = £37.50) x correct number of publications, etc., required for area of distribution x number of publications per venue). This compensation amount would be for an out-of-court settlement. If however, the advertisement invoice is paid before it is found that such companies are operating fraudulently, then a refund of payment will be added to the compensation for loss of business and loss of business income. If it were to go to court then the commission rate would be set at 40% to cover our costs + Court Fees + Solicitors Fees. Our information on fraudulent advertising businesses is frequently updated and edited by checking the website of THE ADVERTISING PROTECTION AGENCY "Protecting Consumers Against Fraudulent Trading Practises".
The Following are the Terms and Conditions regarding the hiring of Bouncy Castles/Inflatables, Giant Garden Games and Ancillary Equipment being hired through Mega Fun (UK).
GENERAL
01) The bouncy castle supplied will be as best suited to the application as possible and this will be determined by us.
02) The bouncy castle and its components will remain the property of the suppliers at all times.
03) Once erected, the bouncy castle must not be moved, deflated or in any way tampered with without exclusive written permission of the suppliers.
04) You will remain liable for any damage to the bouncy castle and/or any of it's components and for any loss thereof, howsoever caused, whilst the castle is in your possession.
05) Silly String and Party Poppers are to be kept away from the inflatable equipment at all times. Failure to comply will result in a £50.00 cleaning/repair fee being charged to the hirer.
06) NO Food or drink of any kind is to be taken onto the inflatable equipment, supervising personnel are to keep their cigarettes (and others') away from the equipment at all times.
07) With regard to inflatable devices that are not castle specific, (ie Bungee Run, Gladiator Duel, Flywall, Sumo Suits etc.), the hirer agrees to adhere to other specific guidelines issued in writing that are relevant for the safe use of this equipment.
08) Where arrangement has been made for equipment to be supervised by a representative, this will be carried out in accordance with our Operating Procedures Manuel. Customers must not encourage the flouting of these procedures, they are in place to protect users as well as our Staff. Thankyou for your co-operation.
INSURANCE
You are responsible for ensuring that you have sufficient public liability insurance for your requirements as the insurance in place covers only the suppliers of the equipment.
BOOKINGS
All Bookings remain provisional until we receive a signed contract from the hirer, at which point we will acknowledge receipt and your booking will then be guaranteed.
SAFETY
The 'Responsible Person' aged 18 or over signing the contract will ensure that the users of the equipment are suitably supervised at all times. They will also ensure all behaviour is in line with the Guide to Safe Play. (See Notice Below on Guide to Safe Play).
GIANT GAME AND ANCILLARY EQUIPMENT HIRE
It is the responsibility of the hirer to ensure that the games are played in accordance with the issued safety instructions. All games come with game rules and instruction, where necessary, additional verbal safety instructions will be issued at the point of delivery. The hirer is responsible for reiterating these to participants. There is no upper age limit for any of the games, however, some games are not suitable for very young children (for example, Jenga, as it is designed to fall over). We are happy to offer advice as to suitability. The playing mats for Ludo, snakes and Ladders and Twister become slippery when wet, please try to keep these as dry as possible. DO NOT allow running across these mats, keep heeled shoes and cigarettes away also. The foam dice are not to be used as footballs and should be rolled not kicked. The Pick-up-Sticks must not be used as darts or javelins!! Children (and Adults) must be prevented from running around with these items, if fallen on they are likely to impale.We do not recommend the use of space hoppers or wobbler boards for persons who suffer from back or leg injuries, or to persons susceptible to injury such as brittle bone etc. Children must be kept away from the bubble machine unit because of the moving parts and potential electric shock risk. Once positioned the unit should not normally be moved unless a change in wind direction dictates, then the unit must be switched off, unplugged from mains supply and relocated by an adult. Care must be taken as spillage of fluid into the motor area will prevent the unit from working and will be deemed and treated as damage to the unit.
ANY AND ALL DAMAGE TO ANY OF THE EQUIPMENT WILL RESULT IN LOSS OF ANY SECURITY DEPOSIT PAID.
Severe or malicious damage incurred to our equipment will result in additional expenses being met by the hirer which may include but not limited to professional repair or replacement of the equipment and compensation for the proved loss of business due to damage. This includes inflatables and all of our ancillary equipment. Allowance is made whereby the above statement will not apply to punctures in the space or animal hoppers unless this is deemed to have been carried out maliciously. All games are to be supervised by a responsible adult at all times.
The hirer is requested to inspect all games upon delivery and should agree with the delivery team as to the condition of the equipment. The customer will be notified of any minor defects already known to be on the equipment.
IMPORTANT NOTICE
Provided that the issued guidelines are followed, persons using the equipment should do so safely and enjoyably, however, accidents can happen. The Suppliers, or its employees can accept no responsibility or liability for injuries sustained or any other losses, howsoever caused or for the negligence of the hirer, in the absence of the supplier or its employees. By signing the hire contract the hirer accepts and agrees to abide by these terms and conditions and all other relevant information supplied in good faith to the hirer.
GUIDE TO SAFE PLAY ON INFLATABLES
FOR SAFE PLAY DO.....
Remove all sharp objects before bouncing. For example: belts, watches, jewellery, coins, etc.
Remove all footwear (except socks) before getting onto the bouncy castle or inflatable.
Make sure they have permission from the responsible person (over 18) to play on the inflatable.
Have lots of FUN !!!
FOR SAFE PLAY DON’T.....
Run around the outside of the inflatable.
Touch the generator or fan units.
Perform or attempt to perform somersaults, backflips, dives or other acrobatic moves on the units.
Allow users taller than the sidewalls to play on the inflatable.
Climb on the side or back walls of the inflatable.
Combine small and tall users at the same time. (All persons should be of similar age, height and stature).
Deliberately damage the equipment.
Constantly run from one side of the inflatable to the other in a bid to try to tip the unit over.
Take food, drink or toys onto the inflatable (including lollies and chewing gum).
REMEMBER:
SAFE PLAY IS HAPPY PLAY..... HAVE FUN BUT PLAY SAFE
IMPORTANT NOTICE REGARDING PARTY POPPERS AND SILLY STRING
We all like party poppers and silly string, they are great fun and make lots of mess everywhere. Unfortunately, not all of the mess is removable. The sticky residue left by silly string is similar to the consistency of chewing gum. The dyes used in party popper colourings is a stain, when it gets wet (or damp) the dye runs. Both cause tremendous damage to bouncy castles/inflatables, as the dye is not removable and impregnates into the fabric of the castle. Silly string turns black and can take hours to remove, also damaging the castle/inflatable fabric.
PLEASE PLEASE PLEASE keep your Party Poppers and Silly String away from the castle/inflatable. If you notice any on the unit please remove it immediately.
Following an increasing number of incidents involving these products, we have unfortunately had to include within our terms and conditions of hire a section where the hirer accepts responsibility for the cleaning and/or repair to castles and inflatables suffering the consequences of these products to the sum of £ 50.00.
PLEASE DON’T LET YOUR PARTY BE ONE OF OUR STATISTICS.