Kiwi Productions - Client Terms and Conditions
These are the standard terms of Client Business of Kiwi Productions, and all work undertaken by us shall be on these terms unless specifically varied in writing and agreed to by both parties prior to the event.
1. Event Booking Details
1.1 All bookings will be regarded as provisional until a signed copy of these Terms & Conditions has been received from the client, along with a non-refundable deposit for the required services (as set out in Clause 2.4 below), and only if accepted by KIWI PRODUCTIONS will the booking be confirmed. KIWI PRODUCTIONS is not under any obligation to continue holding provisional bookings beyond the given option date (usually 10 working days from the time of booking), if these have not been received. For the purposes of this Agreement “working days” shall mean Monday to Friday inclusive.
2. Price & Payment
2.1 All prices quoted by KIWI PRODUCTIONS may be amended when agreed with the Client and the Client will reasonably consider any errors or omissions or where an increase is caused by a change in the circumstances beyond the reasonable control of KIWI PRODUCTIONS.
2.2 Any query arising from an invoice must be notified to KIWI PRODUCTIONS in writing by the Client within 10 working days of the date of the invoice receipt. Failure to comply will render the full invoice payable on the due date.
2.3 It is strictly the responsibility of the representative of the Client confirming the booking to inform all relevant parties of the payment terms, as set out by KIWI PRODUCTIONS.
2.4 Deposit – A deposit of 50% of the total fee payable (including VAT), as quoted and agreed in the written proposal (attached), of any event or programme shall be payable on confirmation of the order. The remaining 50% shall be known as the “balance”.
2.5 Balance Due – the balance of the total fee shall be payable 14 working days prior to the event date.
2.6 Additional Expenses – any additional expenses or fees resulting from any changes made by the Client, that have not been quoted in the agreed proposal but subsequently incurred by KIWI PRODUCTIONS, will be invoiced separately after the event.
Payment will be due within 5 working days of presentation, any queries thereon raised within 3 working days of presentation and payment shall be made in accordance with clause 2.9. KIWI PRODUCTIONS will agree any additional expenses or fees with the client prior to these being incurred.
2.8 Late Bookings – Should a booking be made within 20 working days of the event date, payment in full will be required to secure the event.
2.9 Methods of Payment
Cheque payable to Kiwi Productions
Bank transfer: Details available upon request to email@example.com
The Client must inform KIWI PRODUCTIONS in writing (preferably by email) of any bank transfers.
3.1 This clause applies to the following: where the client (a) cancels the entire event, (b) cancels partial use of the facilities for the event or (c) reduces the duration of the event as a result of which the contracted value is reduced.
3.2 Should an event be cancelled, the following cancellation charges will apply and extend to the total charge which includes: any required accommodation, function room hire, equipment, pre-booked food and beverage charges. In addition, the client will settle any third party charges incurred by KIWI PRODUCTIONS on behalf of the client.
Cancelation Clause %
More than 120 working days prior to the event Nil
120 to 61 working days prior to the event 50%
60 to 31 working days prior to the event 80%
31 working days or less prior to the event 100%
3.3 All cancellations must be received in writing from the client and will be deemed to take effect from the date of receipt.
3.4 KIWI PRODUCTIONS reserves the right to cancel the client’s booking if there has been a change of more than 40% of the client’s original contract. Written notification will be sent to the client.
3.5 Any postponements of confirmed and contracted business will be considered as a cancellation in accordance with the above cancellation clause. However, provided the revised event date is agreed and takes place within 130 working days of the original event date, payments received by KIWI PRODUCTIONS from the client shall form a credit towards the future event.
The client shall, in that eventuality, be liable for any and all costs or expenses incurred by KIWI PRODUCTIONS as a direct result of the postponement.
On some events the activities that the Clients will undertake may be inherently dangerous although all guests are fully supervised throughout. As such neither KIWI PRODUCTIONS or its employees or agents shall be liable for any damage, loss, delay or expenses caused to the client, its employees, agents, licensees or invitees or any other persons attending the event except insofar as it results from the negligence of KIWI PRODUCTIONS or breach of contract. Please note that during particular events and on certain activities it may be necessary to request individuals to sign a liability waiver on the day of the event (although the same does not purport to exclude liability for damage to personal property of the Clients employees or staff or property damage caused to the Clients property or personal injury arising as a result of the negligence of KIWI PRODUCTIONS), in which instances KIWI PRODUCTIONS agrees to indemnify and hold the Client harmless against all such claims. KIWI PRODUCTIONS shall provide Public Liability insurance cover of £5million for each and every claim.
5. Force Majeure
KIWI PRODUCTIONS shall not 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 (other than one arising from or related to directly or indirectly from volcanic ash), strikes, lock outs, accidents, war, fire, breakdown of plant or machinery, and KIWI PRODUCTIONS shall be entitled to a reasonable extension of its obligations.
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.
7. Governing Law
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.
8. Entire Agreement
This Agreement contains the entire agreement between the parties relating to the subject matter and supersedes any previous agreements, arrangements, undertakings or proposals, oral or written. Unless expressly provided elsewhere in this Agreement, this Agreement may be varied only by a document signed by both parties.