Terms and Conditions
Any person or organization contracted by Awesome FX on behalf of the supplier/artiste is known as the Promoter/Client/Hirer.
Any Artist, entertainment or services contracted by Awesome FX on behalf of the promoter/client/Hirer is known as the Supplier/Artiste. Awesome FX shall hereinafter be known as ‘The Company’
This contract states written confirmation by the Promoter/Client/Hirer of the agreement made by the Promoter/Client/Hirer and Supplier/Artiste and will comprise acceptance of our quoted charges and these terms.
The Company requires written confirmation of all bookings and shall not secure suppliers or venues on behalf of the Promoter/Client/Hirer unless such confirmation is received. Signature & return of this contract shall be deemed as written confirmation.
All services offered are subject to availability
Confirmation in respect of venues will give rise to a contract between the Promoter/Client/Hirer and the venue.
The Company shall have no obligation in this respect to a venue
The Company reserves the right to revise its quotation if the format or items booked are varied for any reason.
Upon confirmation, deposits may be requested to secure bookings. These will be stated on the contract.
Where a credit account has been arranged in advance, payment of the balance to The Company is due 7 days from the date of invoice. Where no credit facilities exist between the Promoter/Client/Hirer, the balance payment is due 7 working days prior to the event date.
The Company reserves the right to charge interest equivalent to 2% per month above the base rate of The Bank Of England on invoice balances outstanding after 7 days.
In event of payment being made by cheque which involves The Company as collector of the fee, the Supplier/Artiste understands that no payment shall be made by The Company until such cheque has been received and cleared by its bank.
The Company shall not be held responsible for any unpaid fee although it will do it’s utmost to collect same.
All cancellations must be advised in writing to The Company. The date of receipt of this written notification by The Company will determine the cancellation charges applicable. Once a booking has been confirmed The Company may reserve a Supplier’s/Artiste’s time and services and they may refuse other bookings. Accordingly charges will be payable for any cancellation of a confirmed booking or part thereof as follows:
Any deposit received for a booking will be retained in the event of cancellations.
Where notice of one month or more is given – 50% of agreed fee
Where notice of less than one month is given – 100% of agreed fee.
Venue cancellation terms may also be applicable to the Promoter/Client/Hirer and the Promoter/Client/Hirer shall be responsible for these in addition to The Company’s
cancellation fee. The Company will not be liable for venue cancellation charges.
Loss and Damage
The Company shall not be held liable for any bodily injury or loss of or damage to property or obstruction trespass nuisance or interference which arises as a result of the hire of the equipment (except where the Company is deemed to be negligent). The Hirer shall ensure sufficient public liability insurance is upheld for the duration of the contract
Any loss or damage to the hired equipment will be the responsibility of the Hirer and replacement costs will be charged in full. It is strongly recommended that Event Insurance is taken out by the Hirer.
Suppliers/Artistes and their services engaged by The Company on behalf of and as agents for the Promoter/Client/Hirer will always use their best endeavours to attend the function however should the supplier be prevented from doing so for any reason outside their control (including, sickness, equipment failure, mechanical breakdown or weather conditions) The Company shall not incur any liability or be responsible for any consequential loss or expense incurred for non appearance or bad performance.
The Supplier/Artiste agrees that if they cannot attend because of illness they will inform The Company and every endeavour will be made by the Supplier/Artiste to provide an alternative to give satisfactory performance unless advised otherwise in writing by The Company.
The Company reserves the right to make any discretionary changes to any entertainment, effects and decoration etc. on the day of the event.
Except when The Company is stated as the Artiste/Supplier, The Company is acting either purely as introducer of business or agent or intermediary between The Promoter/Client/Hirer and Artiste/Supplier and NO CONTRACTUAL LIABILITY WHATSOEVER SHALL BE ATTACHED TO THE COMPANY. All contracted parties agree to this and add their signature in confirmation of this agreement.
Receipt Of Goods
Upon delivery, you will be asked to sign the delivery note. You must check the item when it arrives. If the items are damaged and you refuse to accept it you must write the reason why on the delivery note and sign it.
If you do not note damages or shortages on the delivery note then AWESOME FX LTD or the carrier cannot be held responsible. Words such as UNCHECKED will not be accepted as a conditional signature.
Remember, if you do not note damages or shortages, your signature is an acceptance that you have received all the delivery in good condition.
The Supplier/Artist shall be deemed a self employed individual or company and will be responsible for their own Tax and N.I. contributions. The Company is not responsible for any non-fulfilment of contracts by Suppliers/Artists or contracts but every reasonable safeguard is assured.
The Supplier/Artiste warrants that any enquiries from this function within 24 months from the engagement date will be transacted through The Company – whether this enquiry is directly from The Promoter/Client/Hirer or any observer at the function.
No private advertising, promotion or negotiation shall be made by the Supplier/Artiste.
Any goods hired by the Promoter/Client/Hirer from The Company shall remain the property of The Company and any loss or damage shall be the liability of the Promoter/Client/Hirer and will be charged extra by The Company.
This agreement is subject to English Law.