Customer Agreement

FIREFLOW LTD, UK REGISTERED COMPANY NO: 08247626

1ST FLOOR, 14 NORTH STREET, SUDBURY, SUFFOLK, CO10 6RB

PHONE: 07970 346073, EMAIL: CONTACT@FIREFLOW.UK

 

DEFINED TERMS

This agreement is a legally binding contract between the entertainment provider, FireFlow Ltd and the client.

‘Agreement’ - This contract

‘FireFlow’ - The entertainment provider, FireFlow Ltd

‘Client’ - The client

‘Parties’ - Refers to both the Provider and Client

‘Manager’ - The person with authority to sign the Agreement on behalf of FireFlow or the Client.

‘Event’ - The specific event this Agreement covers, as detailed in Section 2

‘Booking’ - The confirmed Performance as agreed between FireFlow and the Client as detailed in Section 2. The Booking is valid on receipt by FireFlow of the signed Agreement and paid deposit.

‘Performers’ - The performers chosen and provided by FireFlow, for the Client’s Event

‘Crew’ - Includes extra staff and crew members provided by FireFlow to the Client for the Event. These include but are not limited to backstage crew, sound technicians, safety crew and drivers.

‘Performance’ - The contracted entertainment provided by FireFlow Performers for the Event

‘Performance Area’ - The designated area at the Event for the Performers to carry out their Performance

‘Instructor’ - The instructor/s chosen and provided by FireFlow for the Client’s Event.

‘Workshop’ - The contracted circus or hula hoop workshop provided by FireFlow for the Event.

 

1 FEES AND PAYMENT TERMS

1.1 FEES

FireFlow charge a performance fee which includes travel. A 50% deposit is required to secure the booking. The remaining 50% will be charged upon event completion.

Fees are inclusive of any relevant taxes. Extra expenses incurred by FireFlow will be charged to the Client after the event and included in the balance invoice. These include any parking charges resulting from the Client failing to provide free parking. It also includes parking tickets and public transport fares incurred as a result of the Client’s Event running behind schedule, resulting in performance time being delayed.

1.2 PAYMENT TERMS

The Booking is only confirmed on this Customer Agreement being agreed to, which includes agreeing to Act Requirements, and receipt of the 50% deposit.

FireFlow will send a booking confirmation to the Client on receipt of the deposit.

Following the Event, FireFlow will invoice for the remaining balance. This invoice is to be paid in full within seven days of its receipt.

Note: If the Client does not pay the 50% deposit or does not agree to the Customer Agreementor the Act Requirements the Booking is not confirmed.

 

2 CLIENT’S OBLIGATIONS

2.1 The Client agrees to pay FIREFLOW LTD the sum of monies as outlined in the quote provided, within the timeframe as outlined in 1.2 Payment Terms. Late payments will incur an admin fee of £40 plus interest of 8.25% as per the Late Payment of Commercial Debt Regulations 2002.

2.2 The Client agrees to provide free parking at the Event, for a minimum of one car. If we need to bring more than one car we will inform the Client at time of booking. Parking must be within reasonable distance to the Performance Area. If parking is chargeable, the client agrees to reimburse FireFlow the charges, which will be detailed on the invoice following the event.

2.3 If FireFlow Performers are required at the Client’s Event more than 3 hours prior to the performance time, the client must provide refreshments and snacks. If the Performers are required all day then meals must be provided also. Vegetarian options are compulsory.

2.4 Behaviour management of guests is the responsibility of the Client. If any FireFlow Performers or Crew are subjected to aggressive, abusive or dangerous behaviour and the Client does not remove the perpetrator, the Performers shall be allowed to terminate their performance without penalty. The Client will still be liable for the total fees.

2.5 The Client agrees to be responsible for ensuring that any venue or performance space used has all appropriate licences. If the Performance is stopped by the Police or any other authority due to incorrect licensing or preparation then the Party shall be allowed to terminate their performance without penalty. The Client will still be liable for the total fees.

2.6 The Client shall be responsible for ensuring that the Performance schedule is adhered to. Delays to the finishing time of the Performance must be agreed with the Manager and can be refused if consequent delays will adversely affect any Performer or Crew member, for example if they need to travel to perform at a different location immediately after the Event. The Client will still be liable for the total fees.

2.7 The Client has no control over which Performers FireFlow will choose for their Event.

2.8 The Client agrees that it is their responsibility to ensure that the Performers/Crew/Instructors are not left alone with children or vulnerable adults.

3 ACT REQUIREMENTS

The Client agrees to all the Act Requirements for the particular act(s) for their Booking. You will find them here: Act Requirements

 

4 FIREFLOW’S OBLIGATIONS

4.1 FireFlow will provide safe, experienced, highly trained, professional Performers to the Client’s Event.

4.2 FireFlow Performers are covered by FireFlow’s Public Liability Insurance, up to £2Million indemnity, a copy of which will be provided upon request.

4.3 FireFlow’s Performers will be fit to perform safely and will not be under the influence of alcohol or illegal substances.

4.4 FireFlow’s Performers will ensure all equipment is in good working order prior to performing for the Client.

4.5 FireFlow’s Performers will prioritise safety at all times. If for any reason they deem the booked show or part thereof to be unsafe, they have the right to refuse to perform or to cease the Performance. If this is due to a violation of the Client’s Obligations - any conditions listed under Section 2, for instance (but not limited to) insufficient stage size or height clearance, or due to unsafe, aggressive or inappropriate behaviour of the clients’ guests towards the performers, then the Client is liable for the full fee.

4.6 FireFlow’s Performers and Crew will be respectful and discreet towards the Client and the Client’s guests.

4.7 FireFlow will choose the particular Performers best suited to the Client’s Event and reserves the right to change these performers as the Manager sees fit.

 

5 CANCELLATION TERMS

5.1 After signing the contract, and paying the 50% deposit, the Booking is confirmed and the client is liable for the remaining balance. However, the Client may cancel the Booking within 14 days of signing the contract and will have their full deposit returned, as long as this is not less than 14 days prior to the date of the Event.

5.2 If the Client cancels after the 14 day cooling off period but more than 14 days before the date of the Event, they will lose their deposit but will not be liable for the remaining balance of the Booking.

5.3 If the Booking is cancelled within 14 days of the event, the deposit will not be returned and the full balance will be charged to the Client.

5.4 If after reasonable request the Client should fail to provide the necessary assistance to the Performers in terms of information and access to property in order to make a risk assessment prior to the event, this will be regarded as cancellation as per article 5.3 of the agreement.

5.5 The balance shall not be payable for any days upon which the Performance is cancelled by reason of Force Majeure, limited to Royal Demise, National Mourning, Enemy Action, Fire, Flood, Strikes and Lockouts. The Booking fee will not be refunded in the case of Force Majeure.

5.6 Inclement weather shall not be deemed to be a Force Majeure occurrence and the Client will remain liable for the full fee even if the performance or workshop is prevented by such weather conditions. The Performers will do everything reasonable within their power to ensure the performance goes ahead, including agreeing alternative set times (within reason and within the limits) to avoid inclement weather. FireFlow Performers reserve the right to deem weather too dangerous or risky for Performances.

5.7 If the Performers are unable to reach the Event and complete the Performance, then the Client will be refunded in full, including deposit, balance and expenses.

5.8 If FireFlow Performers are unable to perform or are forced to cease the Performance due to violation of the Client’s Obligations (Section 2) then the Client will be liable for the full balance inclusive of expenses.

 

6 PROMOTION

6.1 The Client permits FireFlow Performers and Crew to give business cards to interested guests, UNLESS FireFlow is working on behalf of an Agency, in which case, Performers and Crew will go by the Agency name and brand and will not disclose the name ‘FireFlow’.

6.2 The Client permits FireFlow to wear FireFlow-branded clothing at their event UNLESS FireFlow is working on behalf of an Agency, in which case, Performers and Crew will wear no FireFlow-branded clothing.

6.3 The Client permits FireFlow Performers and Crew to take photographs and footage at the event to use in promotional purposes as long as permission is gained from parents/carers for photographs or videos of individual children. Any individual reserves the right to refuse to be photographed and/or refuse permission for photographs of them to be kept or used.

6.4 FireFlow permits the Client and their guests to take photographs and videos of the Performers, and to use these for private use and for the promotion of the Event or future Events. The Client agrees that if photographs or video footage of the Performers are used for promotional or commercial purposes at any time in future then ‘FireFlow Ltd.’ will be clearly credited and informed.

 

7 TERMS OF AGREEMENT

This Agreement comes into effect once the Client clicks the 'I Agree' button in the 'Terms' box on their checkout page and makes the deposit payment.


Thank you for your booking.

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