Terms & Conditions
CAPTAIN FANTASTIC ENTERTAINMENT TERMS AND CONDITIONS FOR THE PROVISION OF SERVICES TO CONSUMERS
INTRODUCTION
PLEASE READ CAREFULLY THESE ARE THE TERMS AND CONDITIONS WHICH GOVERN OUR SUPPLY OF SERVICES TO YOU AND OUR RELATIONSHIP WITH YOU. IT CONSTITUTES A LEGAL AGREEMENT. PLEASE READ THEM IN CONJUNCTION WITH OUR WEBSITE DISCLAIMER, PRIVACY POLICY, AND COOKIES POLICY, ALL OF WHICH CAN BE FOUND ON OUR WEBSITE. YOU AGREE YOU HAVE READ AND UNDERSTOOD THIS AGREEMENT AND AGREE TO BE BOUND BY THE CONTENTS HEREIN.
BETWEEN:
(1) Captain Fantastic Entertainment, a company registered in the United States under California Business Registry number C5353746, whose registered address is at 18500 Pioneer Blvd STE 204, Artesia, CA 90701 (“Us”); and
(2) Yourself (“You”)
WHEREAS:
(1) We, Captain Fantastic Entertainment, provide Services at Events to clients who are “Consumers” (as defined by applicable consumer protection laws) and We have reasonable skill, knowledge, and experience in that field.
(2) You wish to engage Us to provide the Services for Your Event (as defined in Clause 1 below), subject to the terms and conditions of this Agreement.
(3) We agree to provide the Services set out in this Agreement to You for the Event, subject to the terms and conditions of this Agreement.
IT IS AGREED as follows:
- Definitions and Interpretation
1.1 In this Agreement, unless the context otherwise requires, the following expressions have the following meanings:
“Booking” means a booking (made as set out in this Agreement) for particular Services for an Event and evidenced by the Booking Confirmation;
“Booking Confirmation” means the booking confirmation emailed to you containing details of the Services and the Event, including the start and finish times of the Services;
“Business” means any business, trade, craft, or profession carried on by You or any other person/organization;
“Business Day” means Monday to Friday inclusive excluding bank and public holidays in the United States;
“Consumer” means a “consumer” as defined by applicable consumer protection laws, and in relation to this Agreement means an individual who receives or uses Services from Us for the individual’s personal use and for purposes wholly or mainly outside the purposes of any Business;
“Deposit” means the deposit amount stated in the Booking Confirmation, being on account of the Fees;
“Entertainer” means Us or the person who We nominate to provide the Services for Us;
“Event” means any party or other event arranged by You and taking place at Your Premises of which the Services We provide for You form part;
“Fees” means the total amount (calculated on the basis of Our Price List) payable for the Services;
“Price List” means Our standard price list of Fees for Our Services as quoted to you or the list of Services and their prices available from our Website www.captainfantastic.com;
“Regulations” means applicable consumer protection laws and regulations;
“Services” means party games, magic show, ventriloquism, puppets, face painters, bouncy castles, soft play, balloon modellers, disco dancing, art and craft activities, games/sports;
“We/Us/Our” means the company whose name is set out above and includes all Our staff (employees and agents);
“You/Your” means the individual adult person to whom We agree to provide any Services for all or part of an Event for the benefit of any child/ren;
and
“Your Premises” means the premises which the Booking Confirmation states will be the venue for the Event (at which We are to provide the Services) being premises which are either Your home or garden at Your home, or some other premises which You arrange to make available for the Event.
1.2 Unless the context otherwise requires, each reference in this Agreement to a Clause or sub-Clause is a reference to a Clause of this Agreement;
1.3 The headings used in this Agreement are for convenience only and shall not affect the interpretation of this Agreement;
1.4 Words signifying the singular number shall include the plural and vice versa;
1.5 References to any gender shall include the other gender; and
1.6 References to “writing”, and any similar expression, includes letter and electronic communications whether sent by e-mail, fax, text message, or other means.
- Booking Procedure
2.1 You must be 18 or over and a “Consumer” to book any Services.
2.2 We will not reserve or guarantee any time/date slot to provide Services nor will We provide any Services unless and until You make a Booking and pay for them as follows.
2.3 You may make a booking inquiry by phone or in writing or completing the inquiry form on Our website outlining the Services required and the date and place of the Event concerned. When We receive Your inquiry We will respond to let you know provisionally whether We are able to provide the Services that You require on the date, at the time, and at the place required, and We will also advise You of the Fees payable based on the information You have given Us. All information will be relayed to you via the Booking Confirmation.
2.4 If You would then like to proceed to make a Booking, You must within 3 Business Days after We have responded as stated in sub-Clause 2.3 pay us the Deposit.
2.5 You are responsible for making sure that the information you provide is accurate and complete. If You provide Us with inaccurate or incomplete information, We will not be liable for any delay, non-performance or incorrect performance caused by Your failure to provide us with accurate and complete information.
2.6 By completing and returning/submitting a copy of this Agreement to Us signed by You, You confirm that you accept, and agree to be bound by, the terms and conditions of this Agreement.
2.7 Your acceptance of our Booking Confirmation, and Your payment of those Fees will be an offer to make a Booking on the terms and conditions of this Agreement for the particular Services and Event as detailed, but whether We accept or decline that offer will be for Us to decide in Our absolute discretion.
2.8 We may in Our discretion accept Your offer following Booking Confirmation and payment of Deposit after expiry of the 3 Business Days period referred to in sub-Clause 2.4.
2.9 Only if and when You submit to Us the information confirmed via the Booking Confirmation and pay the Deposit and We have responded by sending You written notice of confirmation of the Booking requested will there be a “Booking” and only then will there be a binding contract between You and Us.
- Changes to Booking Details
You may request changes to your Booking at any time before the Event. We will use reasonable endeavors to accommodate any requested change, but we shall be under no obligation to do so. If We do make a change requested by You, We shall be entitled to amend the Fees as a result of the change in accordance with the Price List, and will notify You of any such amendment to Fees within 3 Business Days of receiving the request to make the change, then:
3.1 If You accept the amended Fees, You may confirm the change and the amended Fees to Us in writing; or
3.2 If you are not prepared to pay the amended Fees, then the Booking will remain unchanged, and the original Booking Fees will apply.
- Payment
4.1 The Fees payable by You under this Agreement are set out in the Booking Confirmation and are payable in the amounts and at the times stated in that Booking Confirmation.
4.2 You must pay Us the Fees in full before the Event takes place, or if not paid in full before then, You must pay Us the Fees on the day of the Event before the Event starts.
4.3 Payment may be made by cash, or by PayPal, Stripe, or other methods as We may reasonably specify from time to time. We do not accept payment by check.
4.4 If you fail to pay Us any amount due under this Agreement, We shall be entitled to charge interest on the overdue amount from the due date up to the date of actual payment at the rate of 4% per annum above the base rate for the time being of the Federal Reserve Bank of the United States. Such interest shall accrue on a daily basis and be compounded quarterly.
- Cancellation
5.1 You may cancel Your Booking at any time before the Event. If You do cancel the Booking, then:
5.1.1 You must inform Us of the cancellation in writing; and
5.1.2 We will refund You any amounts that You have paid to Us up to the date of cancellation of the Booking.
5.2 If You cancel the Booking:
5.2.1 more than 60 Business Days before the Event, You shall not be required to pay Us any cancellation fee;
5.2.2 between 30 and 60 Business Days before the Event, You shall be required to pay Us 50% of the total Fees as a cancellation fee; or
5.2.3 less than 30 Business Days before the Event, You shall be required to pay Us 100% of the total Fees as a cancellation fee.
5.3 We may cancel Your Booking at any time before the Event. If We do cancel the Booking, then:
5.3.1 We shall inform You of the cancellation in writing; and
5.3.2 We shall refund You any amounts that You have paid to Us up to the date of cancellation of the Booking.
5.4 If We cancel the Booking, We shall not be liable for any other costs, losses, or damages which You may incur as a result of the cancellation.
- Performance of Services
6.1 We shall use Our reasonable endeavors to provide the Services for the Event in accordance with this Agreement, and to do so with reasonable care and skill.
6.2 We shall provide the Services on the date, at the time, and at the place stated in the Booking Confirmation.
6.3 We shall use Our reasonable endeavors to ensure that the Entertainer provides the Services in a safe and professional manner, and in compliance with all applicable laws, regulations, and industry standards.
6.4 If We are unable to provide the Services for any reason, We shall inform You of the cancellation in writing, and We shall refund You any amounts that You have paid to Us up to the date of cancellation of the Services.
6.5 If We are unable to provide the Services for any reason, We shall not be liable for any other costs, losses, or damages which You may incur as a result of the cancellation.
- Liability
7.1 Our liability to You under this Agreement, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total Fees paid by You under this Agreement.
7.2 We shall not be liable to You for any loss of profit, loss of business, interruption of business, or any indirect, special, or consequential loss or damage.
7.3 Nothing in this Agreement shall limit or exclude Our liability for:
7.3.1 death or personal injury caused by Our negligence; or
7.3.2 fraud or fraudulent misrepresentation.
- General
8.1 We may subcontract, assign, or transfer Our rights and/or obligations under this Agreement to any third party at any time without notice to You.
8.2 You may not subcontract, assign, or transfer Your rights and/or obligations under this Agreement to any third party without Our prior written consent.
8.3 This Agreement constitutes the entire agreement between the parties with respect to its subject matter and supersedes all prior agreements and understandings between the parties.
8.4 No variation of this Agreement shall be effective unless it is in writing and signed by the parties (or their authorized representatives).
8.5 If any provision of this Agreement is held to be invalid or unenforceable, it shall be deemed to be deleted, and the validity and enforceability of the remaining provisions of this Agreement shall not be affected.
8.6 Any notice required to be given under this Agreement shall be in writing and shall be delivered personally, sent by pre-paid first-class post, or sent by email to the address of the relevant party set out in this Agreement, or such other address as may be notified by one party to the other from time to time for this purpose.
8.7 This Agreement shall be governed by and construed in accordance with the laws of the United States, and the parties hereby submit to the exclusive jurisdiction of the courts of the United States.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.