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Lucy Sparkles & Friends Party Terms & Conditions

Please read these terms and conditions carefully. By proceeding with your party booking you are deemed to accept these terms and conditions. Please print off a copy for future reference if you are viewing this online.

1. Services

We are Lucy Sparkles LTD T/A Lucy Sparkles & Friends, of  4th Floor, 18 St. Cross Street, London, EC1N 8UN, [email protected], 07903913429 (“we or “us”).  We provide drama, music and dance parties for young children.  We agree to provide you with party entertainment on these terms and conditions.  These terms, together with the booking form on our site specifying the date to which your booking relates, form the contract between us and you.

2. Duration

This contract will start on the date stated on the booking confirmation and shall continue for the period agreed on the booking confirmation.

3. Fees and Payment

You agree to pay the fees for party entertainment as set out below.  All payments must be made by cheque or bank transfer and in advance, on the terms set out in your invoice.  Fees include VAT at the current rate, if applicable.  We do not accept cash or cheques.  If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 3% a year above the base lending rate of Barclays from time to time. In the event that we have not received payment in full by the working day prior to your booking date, we reserve the right to refuse your booking.

For a list of fees for Party Entertainment please Click Here

4. Booking a party

      • To book a party with Lucy Sparkles & Friends, please contact us with basic details of your party, including location, date, time and maximum number of children attending. Once we receive this information, we will inform you whether or not we have availability and confirm packages available and prices.  Should you wish to proceed you will be asked to fill in our online booking form.  For Livestream Entertainment and / or Personalised Video Greetings please follow the links on the website to go straight to the relevant booking form.
      • Selecting services:
        • All services and products are subject to availability.
        • We may require extra payment towards travel expenses. However, we will inform you of any extra charges before we confirm the booking with you and before you pay.
        • Specific costumes are subject to availability. However, if you have requested a specific costume and it is not available, we will inform you before we confirm the booking with you and before you pay.
        • Please note that we are unable to provide face painting for children under the age of 3 years.
        • Please note that we are unable to provide pass the parcel for children under the age of 3 years.
        • Livestream Entertainment is run through a third party platform eg Zoom.  Once you have booked and paid you will receive an email for you and your guests explaining how to join the livestream.
      • Guest numbers:
        • If there are more than 20 children attending your party and parents are invited, or if there are 40 or more children (regardless of whether parents are attending) you are required to pay for PA hire.
        • If there are 21-49 children attending your party, you are required to hire a party assistant.
        • If there are 50 or more children attending your party, you are required to hire two party assistants.
        • Livestream Entertainment Bookings are limited to 12 participating families / devices, although more than one child may participate via the same device.
      • Once we have received your booking form, we will send you confirmation of our availability, together with an invoice.
      • Your entitlement to party entertainment will only arise when we have received full payment of all sums due in respect of the party and we have dispatched a booking confirmation email (at which point the contract between us will be formed). To be clear, your party entertainment is not confirmed until you have paid the fee in full and received a booking confirmation email.

5. Our obligations

We will provide the entertainment with all reasonable care and skill.

6. Your obligations

      • You must provide us with a safe place in which to provide the entertainment, free from toys and balloons. You are responsible for any costs of hiring the party venue, if applicable.
      • You must inform Lucy Sparkles & Friends if you intend to book any additional form of entertainment through another provider, including but not limited to face painters, bouncy castles, balloon modellers and others. Bouncy castles must be deflated during the Lucy Sparkles entertainment or placed in a different room. If this is not possible, we must be informed at the time of booking.
      • If you are having power generators or other noisy equipment at your event, these must either be turned off during the Lucy Sparkles entertainment or placed in a different room.
      • There must be at least one adult (not including Lucy Sparkles & Friends representatives) in the entertainment room at all times.
      • One parent or carer must accompany their child at all times during parties where the child is aged 0-2. We encourage these parents to participate with their children to help them get the most out of the party.
      • In our parties we may use real musical instruments. We regularly test our equipment for durability, but, when played by young children, our instruments must be played under supervision, following the directions given to adults by your entertainer. We cannot be held responsible for any misuse of the instruments outside of this supervision. Please exercise all due care and diligence when supervising small children with any instruments that contain small parts. Musical instruments are not made to withstand misuse of any kind, including eating, thrashing, bashing, beating or thumping. By booking a party you are confirming that you are happy to participate and supervise children aged 0-2 with the instruments throughout the party to ensure they are used safely.  Parents/carers of children aged 0-2 remain at all times solely responsible for the welfare, safety, care and conduct of their child.
      • For children aged 3, parents are encouraged to remain at the venue in case of emergency. However, we find that children are less distracted if parents are in a different room.
      • For children aged 4-6, parents are encouraged to drop their children off.
      • For all participants at Livestream Parties, one parent or carer must remain in the same room and supervise the child’s use of their personal device, regardless of age, at all times during the entertainment. Children aged three and under must be accompanied by at least one parent or carer at all times during the entertainment.
      • If parents of party guests wish to stay and are present in the party room, they should either participate in the entertainment or watch quietly. Please ensure that they keep chatting to a minimum to ensure that the entertainer can be heard by the children. If they would like to stay to chat to other parents, we would encourage them to be in a different room so that children can hear the entertainer.

7. Refunds and Cancellations

      • As this is a contract for services related to leisure activities, and your party will be booked for a specific date, there is no right to change your mind and cancel the contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
      • However, if you wish to cancel your booking or any part of it, please contact us on [email protected] or 07757 082522. If you cancel your entire booking, then the associated entertainer costs shall be payable as follows (and we will reimburse you the balance of the fees within 14 days, if applicable):
        • If more than 1 week’s prior notice is given: 10% of the fee is payable plus an administration fee of £18
        • If less than 1 week’s prior notice is given: 100% of the fee is payable
      • If you wish to cancel part of your booking, e.g. face painting, the associated entertainer costs for that part of the entertainment shall be payable in the same manner as in clause 7.2.
      • Please note that we are unable to give refunds in the event of bad weather so please consider booking covered venues, or have a contingency plan in place.
      • Nothing in these terms shall prevent you from cancelling your booking and receiving a refund if we are at fault.
      • If we cancel your booking for any reason other than those outlined in clauses 8 and 9, we will offer you the opportunity to reschedule, or we will offer you a full refund.

8. Changes to your booking

      • We aim to provide you with the most appropriate facilities and entertainers for the number of guests attending your party so that your guests enjoy the party as much as possible and so that your children and guests are properly and safely supervised. We can only do this if you give us accurate information about your party, including timings, the number of guests attending and whether parents are invited to stay.  If the information you provide in your booking form is not accurate such that it: (a) affects our ability to provide the entertainment safely and/or to an acceptable standard, or (b) would have resulted in an increase in the fee charged to you if notified to us before the party, we may, at our discretion, acting reasonably, refuse to entertain at the party with no offer of a refund or we may charge you for additional costs incurred.
      • For example:
        • If you have not booked a PA system, but it becomes apparent on arrival that your guest numbers have increased beyond that specified on your booking form such that a PA system is required to ensure that our entertainers can be heard by the children, and you have not informed us of this change, we may, at our discretion, acting reasonably, refuse to entertain at the party with no offer of a refund; or
        • If the number of guests attending your party increases beyond that specified on your booking form and you have not informed us of this change, either your entertainer/s have the right to refuse to entertain at the party, or you may, at our discretion, acting reasonably, be required to pay an additional fee even where no extra assistants have been provided.
      • We therefore ask you to inform us as soon as possible of any changes to information provided in your booking form.
      • If you inform us less than 7 days prior to the date of your party that you require an assistant or additional assistant due to increases in guest numbers, and we do not have any assistants available, we have the right to cancel the entertainment and offer a full refund. We would, however, always do our best to find an assistant for you.
      • If the entertainer named in your availability confirmation email becomes unavailable we will provide a suitably qualified and experienced alternative.

9. Events beyond our control

      • We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these terms that is caused by events outside our reasonable control (known as a “Force Majeure Event”).
      • A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) non-availability of premises for any reason, strikes, lock-outs or other industrial action; civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; impossibility of the use of public or private telecommunications networks; the acts, decrees, legislation, regulations or restrictions of any government.
      • We always aim to arrive early to allow for travel delays. If we are delayed by events beyond our control we will inform you in advance by telephone if possible.  We recommend you having your phone handy before the party in case we need to contact you.

10. Photography

      • In line with our Photography Policy Lucy Sparkles & Friends will always ask for specific and informed consent before using any photographs and footage taken during a party. For further details please refer to our Photography Policy.
      • Livestream Entertainment Bookings are private and only viewable by you, your invited guests and your Lucy Sparkles & Friends entertainer. These sessions will not be recorded by us in any way, and no contact details or images of you or your child will be shared.  You are more than welcome to photograph or film your child participating in the session, but we recommend you ask the express consent of your guests if the names and faces of other children are in view or recognisable.

11. Mailing list

 12. Limitation of Liability

      • Nothing in these terms shall exclude or in any way limit our liability to you for fraud, death or personal injury caused by our negligence or any liability which may not be excluded or limited as a matter of law.
      • Subject to paragraph 12.1 above, we will not accept liability for:
        • any loss, costs, claims, damages or expenses arising out of a breach of this contract by us which was not reasonably foreseeable by the us at the date of this contract. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process; or
        • any for indirect losses which happen as a side effect of the main loss or damage, including but not limited to loss of income or revenue, loss of business, loss of profits, contracts or potential contracts or loss of anticipated savings.

13. Termination

      • Without limiting our other rights or remedies, we may terminate this contract with immediate effect by giving written notice to you if you fail to pay any amount due under this contract on the due date for payment.
      • Either you or we may terminate the contract at any time by a written notice of termination to the other if that other commits a serious breach, or series of breaches resulting in a serious breach, of these terms and the breach either cannot be fixed or is not fixed within 3 days of the written notice.
      • On termination of the contract for any reason, any remaining rights and liabilities of you and us will not be affected.

14. Other important terms

      • Assignment: We may at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of our rights under the contract and may subcontract or delegate in any manner any or all of our obligations under the contract to any third party or agent.
      • Waiver: A waiver of any right under the contract is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a party in exercising any right or remedy under the contract or by law shall constitute a waiver of that or any other right or remedy, nor preclude or restrict its further exercise. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
      • Severance: If a court or any other competent authority finds that any provision of the contract (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed deleted, and the validity and enforceability of the other provisions of the contract shall not be affected.
      • If any invalid, unenforceable or illegal provision of the contract would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
      • No partnership: Nothing in the contract is intended to, or shall be deemed to, constitute a partnership or joint venture of any kind between any of the parties, nor constitute any party the agent of another party for any purpose. No party shall have authority to act as agent for, or to bind, the other party in any way.
      • Third parties: A person who is not a party to the contract shall not have any rights under or in connection with it.

15. Governing law

This agreement and any non-contractual obligations arising in connection with it shall be governed by English law. The English courts shall have exclusive jurisdiction to determine any dispute arising in connection with this agreement, including disputes relating to any non-contractual obligations.

©2015-2018 Lucy Sparkles & Friends Ltd T/A Lucy Sparkles & Friends

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