The following expressions shall have the following meanings:
1.1 “Company” means Active Discos Limited trading as Active Kids Discos of Bloxham Mill Barford Road Bloxham Banbury OX15 4FF
1.2 “Client” means any person who purchases Services from the Company;
1.3 “DJ” means the performer secured for the Engagement;
1.4 “Booking Form” means the booking page https://activekidsdiscos.co.uk/disco-booking-form where details of the Engagement are supplied by the Client to the Company
1.5 “Services” means the company services as described on the company’s website www.activekidsdiscos.co.uk;
1.6 “Engagement” means the employment or use of the DJ by the Client, or any third party to whom the Client has introduced the DJ, on a permanent or short-term basis under any form of contract or relevant agreement;
1.7 “Disco Fee” means the monies due to the Company from the Client for providing the Services and Engagement as stated on the company’s website;
1.8 “Terms and Conditions” means the terms and conditions of supply of Services as set out in this page and any subsequent terms and conditions agreed in writing by the Company;
1.9 “Agreement” means the contract between the Company and the Client for the provision of the Services incorporating these Terms and Conditions;
1.10 “Website” means www.activekidsdiscos.co.uk, and is the place where the Services and Disco Fee is described;
1.11 “Venue” means the place of work hired or contracted by the Client for the full period of the engagement;
2.1 These Terms and Conditions shall apply to the Agreement for the supply of Services by the Company to the Client and shall supersede any other documentation or communication between parties.
2.2 Any variation to these Terms and Conditions must be agreed in writing by the Company.
2.3 Nothing in these Terms and Conditions shall prejudice any condition or warranty, express or implied, or any legal remedy to which the Company may be entitled in relation to the Services, by virtue of any statute, law or regulation.
3 BOOKING PAGE
3.1 The Booking Page https://activekidsdiscos.co.uk/disco-booking-form/ is linked to these Terms and Conditions.
3.2 Upon accepting these terms and conditions and submitting the booking page the Company will confirm acceptance in writing and must be accepted by the Client in its entirety.
3.3 The Agreement between the Company and the Client, incorporating these Terms and Conditions, shall only come into force when the Company confirms acceptance in writing to the Client.
3.4. It is the client’s responsibility to enter the correct information relating to the engagement. The Company will not be held liable for any errors made by the Client when submitting the information relating to the engagement to the Company.
4.1 The Services are as described in the Website
4.2 Any variation to the Services must be agreed by the Company in writing.
4.3 The Services shall commence and finish on the dates and times specified in the written acceptance unless terminated according to the terms of this Agreement.
5 PRICE AND PAYMENT
5.1 The Disco Fee is as specified on the website and are inclusive of any other charges as outlined on the website.
5.2 There is no booking deposit required to secure the Engagements
5.3 The Client shall pay the DJ the Disco Fee at the start time of the performance unless otherwise agreed in writing by the parties and such payments should be made in cash or cheque. Under no circumstances will the DJ begin the performance without payment in full.
5.4 The Company is entitled to recover all reasonable expenses incurred in obtaining payment from the Client where any payment due to the Company is late.
5.5 The Client is not entitled to withhold any monies due to the Company.
5.6 The Company is entitled to vary the price to take account of:
5.9.1 any additional Services changes requested by the Client which were not included on the original Booking Page;
5.9.2 any increase in hourly, daily or set rates;
6.1 In the event that the Client cancels the engagement no Disco Fee will be due.
6.2 The Client must notify the Company immediately of any cancellation in writing.
6.3 If the venue provided by the Client is unable to accommodate the DJ and the DJ is unable to perform for this reason the Client will be liable for the Disc Fee.
6.4 The Company may not under any conditions cancel the Engagement unless due to Force Majeure or illness. In such cases, on provision of reasonable proof, the Company or the DJ will not be held in breach of contract by the Client.
6.5 If the Company cancels the Engagement and a replacement DJ cannot be supplied any Disco Fee or monies paid in advance by the Client must be repaid in full, within fourteen days of the cancellation.
6.6 If a booking has been confirmed and the DJ attends the function to find another DJ has been booked by the Client, or any other persons, then the Client will remain liable for the Disco Fee.
6.7 The DJ, at his discretion, reserves the right to discontinue all or part of equipment usage if the power provided is not capable of operating the equipment without risk of damage to the equipment, company or the public, or if the working environment constitutes a health and safety risk including the positioning of equipment in an open space or in a place without adequate flooring and covering to protect from rain and rising damp, moisture etc regardless of the immediate weather conditions.
7 CLIENT OBLIGATIONS
7.1 The Client agrees to cooperate with the Company as may be required.
7.2 The Client agrees to refrain from directly or indirectly recruiting any person employed or engaged by the Company for the purpose of providing the Services for a period of six months following completion of the Services.
7.3 The Client shall provide a suitable performance area for the DJ and ensure there is an adequate power supply which meets industry standards.
7.4 Apart from asking to make a short speech or announcement to the guests on the DJ’s PA system or other equipment, the Client, or a third party acting on the directions of the Client, has no right to demand the use of DJ’s equipment, instruments, or props during the Engagement.
7.5 The Client agrees to treat the DJ politely and in a professional manner.
7.6 The Client shall take every reasonable precaution to prevent the DJ being threatened, verbally abused, or physically abused by the guests or the audience.
7.7 The Client is responsible for ensuring that the venue, and any equipment belonging to the Client and used by the DJ, comply with health and safety regulations.
7.8 The Client must hold adequate insurance policies and is responsible for obtaining any Licenses that may be required in respect of the Engagement.
7.9 The Client must ensure the venue will allow the DJ adequate access time for the setting up and taking down of any equipment.
7.10 The Client is responsible for any damage (normal wear and tear excluded) to equipment (sound/lighting/music equipment) caused by anyone in attendance at the event during the contracted time period, including the time allowed for setting up and packing away (unless damage is due to the DJ’s negligence). The full retail cost of any repairs or replacements required will be charged to the Client who will be advised of damages, no more than 7 days after the event date.
7.11 The Client must ensure specific music requests supplied to the Company no later than 7 days prior to event date.
7.12 The Client is responsible for ensuring that a Risk Assessment has been undertaken by the venue. A Risk Assessment is a legal requirement to be undertaken by an employer in a place of work to assess potential risk.
8 COMPANY OBLIGATIONS
8.1 The Company shall supply the Services as specified on the website.
8.2 The Company shall perform the Services with reasonable skill and care and to a reasonable standard and in accordance with recognised codes of practice and statutory obligations.
8.3 The Company will take all reasonable steps to provide personnel who will conduct themselves in a sober and proper manner and respond to the reasonable wishes of the Client as to volume of PA equipment, positioning of equipment or other matters concerning people’s enjoyment of the event.
8.4 The Company will hold a copy of the contract relating to the Engagement and will act as the negotiator between both the Client and the DJ.
8.5 The Company shall comply with all regulations and statutory obligations regarding the use and storage of information relating to the Client.
8.6 The company will supply Public Liability Insurance for the protection of the public against damage caused to the public by the company, DJ or equipment and not by any action of the Client or anyone in attendance, who may cause any such damage to themselves or others which may include, but is not restricted to them being under the influence of alcohol or other substances.
8.7 Only equipment supplied by the company will be Portable Appliance Tested. If the company supplies a DJ who does not use the Companies equipment the Company cannot guarantee the equipment will be Portable Appliance Tested.
8.8 The Company shall not be held responsible for failing to conduct a Risk Assessment for the engagement. A Risk Assessment is a legal requirement to be undertaken by an employer in a place of work to assess potential risk. Therefore is the responsibility of the venue to ensure any necessary risk assessments are carried out in full prior to the engagement taking place.
8.9 The Company operates a complaints procedure, complaints should be sent in writing only by the Booking Client, and addressed to P Johnson and posted to the address listed on the website.
9 CHANGES TO PERFORMANCE SCHEDULE
9.1 In the event that the Client cancels an Engagement they will not be liable to pay cancellation charges.
9.2 Any changes to the performance schedule will be subject to these Terms and Conditions.
9.3 If changes are required to the performance schedule on the day of the event these changes should be discussed with the Company where possible, otherwise agreement should be reached between the Client and the DJ.
9.4 In the event that the DJ is unable to complete a performance due to a delay in the start of the performance schedule, where such delay is no fault of the DJ, the Client shall remain liable to pay the DJ the full Disco Fee due.
9.5 Should the DJ be required by the Client to extend the length of the performance the DJ is entitled to charge the Client a further fee as to be agreed between the parties.
9.6 The Company must be notified of any changes to the fees paid to the DJ by the Client for the Engagement.
9.7 The DJ is not obligated to finish any performance that has started late due to the Clients actions or to extend the length of any performance.
10 RE-ENGAGEMENT OF THE DJ
10.1 The Client must negotiate all future bookings for the DJ directly with the Company for a period of 12 months after the Engagement.
11.1 The Agreement shall continue until the Services have been provided in terms of the Booking or any subsequent date as mutually agreed in writing by both parties or until terminated by either party in accordance with these Terms and Conditions.
11.2 The Client may terminate the Agreement if the Company fails to comply with any aspect of these Terms and Conditions and this failure continues for a period of 4 weeks after notification of non-compliance is given.
11.3 The Company may terminate the Agreement if the Client has failed to make over any payment due within 4 weeks of the sum being requested.
11.4 Either party may terminate the Agreement by notice in writing to the other if:
11.4.1 the other party commits a material breach of these Terms and Conditions and, in the case of a breach capable of being remedied, fails to remedy it within a reasonable time of being given written notice from the other party to do so; or
11.4.2 the other party commits a material breach of these Terms and Conditions which cannot be remedied under any circumstances; or
11.4.3 the other party passes a resolution for winding up (other than for the purpose of solvent amalgamation or reconstruction), or a court of competent jurisdiction makes an order to that effect; or
11.4.4 the other party ceases to carry on its business or substantially the whole of its business; or
11.4.5 the other party is declared insolvent, or convenes a meeting of or makes or proposes to make any arrangement or composition with its creditors; or a liquidator, receiver, administrative receiver, manager, trustee or similar officer is appointed over any of its assets.
11.5 In the event of termination the Client must make over to the Company any payment for work done and expenses incurred up to the date of termination.
11.6 Any rights to terminate the Agreement shall be without prejudice to any other accrued rights and liabilities of the parties arising in any way out of the Agreement as at the date of termination.
12.1 Both parties warrant their authority to enter into this Agreement and have obtained all necessary approvals to do so.
13 LIMITATION OF LIABILITY
13.1 Nothing in these Terms and Conditions shall exclude or limit the liability of the Company for death or personal injury, however the Company shall not be liable for any direct loss or damage suffered by the Client or any third party howsoever caused, as a result of any negligence, breach of contract or otherwise in excess of the sum insured under the professional indemnity insurance policy held by the Company in the insurance year in which the Client’s claim is first notified.
14.1 The Client shall indemnify the Company against all claims, costs and expenses which the Company may incur and which arise directly or indirectly from the Client’s breach of any of its obligations under these Terms and Conditions.
15 FORCE MAJEURE
15.1 Neither party shall 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, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.
16.1 The Client shall not be entitled to assign its rights or obligations or delegate its duties under this Agreement without the prior written consent of the Company.
17 THIRD PARTY RIGHTS
17.1 Nothing in these Terms and Conditions intend to or confer any rights on a third party.
18.1 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.
19.1 The failure by either party to enforce at any time or for any period any one or more of the Terms and Conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all Terms and Conditions.
20.1 Any notice to be given by either party to the other may be served by email, fax, personal service or by post to the address of the other party given on the Booking Page or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent, if sent by fax shall be deemed to be served on receipt of an error free transmission report, if given by letter shall be deemed to have been served at the time at which the letter was delivered personally or if sent by post shall be deemed to have been delivered in the ordinary course of post.
21 ENTIRE AGREEMENT
21.1 These Terms and Conditions supersede any previous agreements, arrangements, documents or other undertakings either written or oral.
22 GOVERNING LAW
22.1 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.