Terms & Conditions
The consultation of Ingenius Productions Limited (“The Company”) by the Client shall be deemed to be acceptance of these terms and conditions in relation to any aspect of the arrangement or organisation of any event. In the event of the Client, for whatever reason, withdrawing instructions to the Company prior to the acceptance of the Company’s estimate, the Company reserves the right to make a charge to the Client for any services rendered in respect of consultation, advice, planning or work undertaken.
All instructions from the Client must be confirmed in writing and the Company accepts no responsibility for any misunderstanding arising through orders or instructions received verbally.
The Company reserves the right to require a deposit from the Client representing up to 80% of the estimated total cost of an event. Such deposit will be due and payable not less than eight weeks before commencement of the event and the Company will be entitled to treat failure by the Client to pay the deposit as repudiation of the Client’s agreement with the Company. The Client undertakes to inform the Company’s representative of any complaints at the time of or as soon as reasonably practicable after the event, and to confirm the same in writing within 48 hours.
(i) In the event of the Client wishing to cancel its agreement with the Company at any time after acceptance by it of the Company’s written estimate, the Company reserves the right to claim, by way of damages for breach of contract, such as sums as shall represent its losses including but not limited to such sums as shall represent the Company’s loss of profit, together with all irrecoverable expenses incurred by the Company on the Client’s behalf.
(ii) In the event of the Client wishing to cancel any individual artiste, band, discotheque or other entertainer booked through the Company, the Client will indemnify the Company in respect of any charges, cancellation fees or other claims howsoever arising by reason of such cancellation.
Copyright in all original materials, sketches, plans, photographs, drawings, layouts, specifications and proposals is and shall at all times remain vested in the Company. The Company reserves the right to take such action as may be appropriate to restrain or prevent infringement of such copyright.
6. Force Majeure
Whilst every effort will be made by the Company to perform its obligations hereunder, the full performance of such obligations shall remain at all times subject to variation or cancellation by the Company consequent upon Act of God, war, strikes, riots, lockouts or other labour disturbances, fire, flood, restrictions on the use of transport, fuel or power, requisitioning, shortage of material, transport or labour or any other cause beyond the control of the Company. In the event of frustration of the contract due to any of the above causes the contract shall be deemed to be complete and on the Company giving notice to that effect the Client shall be liable to indemnify the Company and pay them a sum equivalent to the aggregate of costs incurred by the Company in labour and materials, sub-contracts and incidentals up to the date of the notice together with an additional 10%
7. Third Party Liability
The Client hereby indemnifies the Company against all claims for injury to persons or loss of or damage to property howsoever caused otherwise than due to the negligence of the Company or its servant or agents.
8. Loss or Damage to Equipment
All equipment supplied or hired to the Client by the Company shall at all times be exclusively at the risk of the Client during any period when the equipment is at the event or venue. The Client shall make good to the Company all loss of or damage to the Company’s and its sub-contractors’ property or equipment hired or used on the site (other than fair wear and tear) unless it shall be proved that such loss or damage was caused by faulty material or workmanship or negligence on the part of the Company.
9. Power Supply
If electrical generators or additional power supplies are required and if the Client does not avail himself of the opportunity of the Company providing an emergency supply (where this is available) the Company shall accept no responsibility for loss or damage howsoever caused as a result of any failure in the primary supply.
In the event of the Company providing catering facilities, the Client undertakes to notify the Company of the exact number of guests attending not less than 48 hours prior to the event (confirmation date).
11. VAT and Interest
All prices estimated by the Company are deemed to be (unless expressly stated to the contrary in writing) exclusive of Value Added Tax. The Company reserves the right to charge interest at the rate of 6% over the base rate for the time being of Lloyds Bank plc on any sums remaining due and payable from the Client to the Company from time to time.
These terms and conditions and any agreement relating thereto shall in all respects be governed by the Laws of England and Wales whose courts shall for the purposes hereof be the only courts competent to try and issue touching or concerning the same.