Terms & Conditions
Chris Wilder Magic – Client Terms and Conditions
These are the standard terms of Client Business for Chris Wilder Magic (“CWM”), of 5 Hall Croft, Beeston, Nottingham. NG91EL, and all work undertaken by CWM shall be on these terms unless specifically varied in writing and agreed to by both parties prior to the event.
1. Event Booking Details
1.1 All bookings will be regarded as provisional until approval of these Terms & Conditions has been received from the Client, in addition to a deposit payment, where applicable, for the required services (as set out in Clause 2.4 and 2.5 below), and only if accepted by CWM will the booking be confirmed. CWM is not under any obligation to continue holding provisional bookings beyond the given option date (usually 10 working days from the time of booking), if these have not been received. For the purposes of this Agreement “working days” shall mean Monday to Friday inclusive, other than days when banks in the UK are not open for business.
2. Price & Payment
2.1 All prices quoted by CWM may be amended when agreed with the Client and the Client will reasonably consider any errors or omissions or where an increase is caused by a change in the circumstances beyond the reasonable control of CWM.
2.2 Any query arising from an invoice must be notified to CWM in writing by the Client within 10 working days of the date of the invoice receipt. Failure to comply will render the full invoice payable on the due date.
2.3 It is strictly the responsibility of the representative of the Client confirming the booking to inform all relevant parties of the payment terms, as set out by CWM.
2.4 Deposit – A deposit of 20% of the total fee payable, as quoted and agreed in the written proposal (attached), shall be payable on confirmation of the order. The remaining 80% shall be known as the “balance”.
2.5 Balance Due – the balance of the total fee shall be payable 14 working days prior to the event date.
2.6 Additional Expenses – any additional expenses or fees resulting from any changes made by the Client, that have not been quoted in the agreed proposal but subsequently incurred by CWM, will be invoiced separately after the event. Payment will be due within 5 working days of presentation of any separate invoice, any queries thereon raised within 3 working days of presentation and payment shall be made in accordance with Clause 2.8. CWM will agree any additional expenses or fees with the Client prior to these being incurred.
2.7 Late Bookings – Should a booking be made within 14 working days of the event date, payment in full will be required to secure the event.
2.8 Methods of Payment:
Payment may be received via Bank Transfer or PayPal. Invoicing details will be provided to the Client at the point of booking.
3. Cancellation
3.1 This clause applies to the following: where the Client (a) cancels the entire event, or (b) reduces the duration of the event as a result of which the contracted value is reduced.
3.2 Should an event be cancelled, the following cancellation charges will apply and extend to the total charge which includes: any required accommodation, function room hire, equipment, pre-booked food and beverage charges. In addition, the client will settle any third-party charges incurred by CWM on behalf of the client.
Cancellation Clause %
More than 30 working days prior to the event Nil
29 to 15 working days prior to the event 50%
14 working days or less prior to the event 100%
3.3 All cancellations must be received in writing from the Client and will be deemed to take effect from the date of receipt.
3.4 CWM reserves the right to cancel the Client’s booking if there has been a change of more than 40% of the Client’s original contract and payments in accordance with this Clause 3 shall apply, where such changes shall deemed to be a cancellation. Written notification will be sent to the Client.
3.5 Any postponements of confirmed and contracted business or any Public Health Emergency declared by Public Health England, the Chief Medical Officer for England or any law or any action taken by the UK government or UK public authority that directly affects the operation of the event will be considered as a cancellation in accordance with the above cancellation clauses. However, provided the revised event date is agreed (subject to availability) and takes place within 12 months of the original event date, payments received by CWM from the Client shall form a credit towards the future event. Should any postponement costs be incurred by CWM, the Client will be notified and these costs will be deducted from the amount held as credit.
4. Liability
Neither CWM or its employees or agents shall be liable for any damage, loss, delay or expenses caused to the Client, its employees, agents, licensees or invitees or any other persons attending the event except insofar as it results from the negligence of CWM or breach of contract. CWM shall provide Public Liability insurance cover of £2million for each and every claim.
5. Force Majeure
Subject to Clause 3.5, TCC shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lockouts, accidents, war, fire, pandemics (whether naturally occurring or otherwise), breakdown of plant or machinery, and TCC shall be entitled to a reasonable extension of its obligations.
6. Severance
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
7. Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.