Terms of Service

1. Booking Confirmation and Acceptance

1.1. Any Booking Confirmation issued by www.magicianbirmingham.uk shall remain valid for acceptance by the Client for 14 days from the date of issue and must be accepted in its entirety.

1.2. Acceptance of a Booking Confirmation (including by email, electronic form, or payment of any invoice or deposit) constitutes a binding contract between the Client and www.magicianbirmingham.uk.

2. Variations to Services

2.1. Any variation or change to the Services stated in the Booking Confirmation (including but not limited to performance times, duration, location, or nature of services) must be agreed in writing (including email) by www.magicianbirmingham.uk.

2.2. No verbal amendments will be considered binding unless and until confirmed in writing.

3. Fees, Invoicing, and Payment

3.1. The Client will be invoiced for:

• The agreed Performance Fee, and
• Any additional services or extras agreed and stated on the Booking Confirmation.

3.2. The Client shall settle the invoice in full by the due date stated on the invoice, unless otherwise agreed in writing.

3.3. Failure to pay by the due date may result in the booking being cancelled at the discretion of www.magicianbirmingham.uk, without prejudice to any rights to recover sums due or applicable cancellation charges.

4. Late Payment and Interest

4.1. Interest may be charged on all late payments at a rate of 8% per annum above the Bank of England base rate.

4.2. www.magicianbirmingham.uk may also charge the Client for reasonable expenses incurred in obtaining payment where any payment due is late, including but not limited to legal fees, collection agency fees, and administrative costs.

5. Client Cancellation and Charges

5.1. If the Client cancels a confirmed booking ("Engagement") for any reason, the following cancellation charges will apply:

• More than 60 days prior to the Event Date: No fee
• 30–59 days prior to the Event Date: 25% of the total invoice
• 15–29 days prior to the Event Date: 50% of the total invoice
• Less than 15 days prior to the Event Date: 100% of the total invoice

5.2. Cancellation becomes effective only when written notice (including email) is received from the Client and acknowledged by www.magicianbirmingham.uk.

5.3. Any non-refundable expenses already incurred by www.magicianbirmingham.uk in relation to the event (such as travel, accommodation, or special materials) may be charged in addition where not covered by the percentages above.

6. Venue Suitability and Non-Performance Due to Venue Issues

6.1. If the venue provided by the Client is unable to accommodate the performance (including but not limited to space, access, health and safety, or venue restrictions), and the performer(s) ("Act(s)") is/are unable to perform for this reason, the Client will be liable for the cancellation charges as outlined in Section 5.

6.2. It is the Client’s responsibility to ensure the venue is suitable and that any venue rules, restrictions, or requirements are communicated in advance to www.magicianbirmingham.uk.

7. Performance Area and Power Supply

7.1. The Client shall provide a suitable performance area for the Act(s), which is safe, clean, and reasonably free from obstruction or hazards.

7.2. Where any electrical equipment is to be used as part of the performance, the Client must ensure there is an adequate power supply which complies with relevant industry and safety standards.

7.3. www.magicianbirmingham.uk reserves the right to refuse to use unsafe power sources or unsafe performance areas, without penalty to the Act(s). In such a case, the Client remains liable for the full Fees.

8. Dressing Room Facilities

8.1. Where the Act(s) is/are expected to wear stage clothing or require costume changes, the Client must provide adequate dressing room facilities.

8.2. Public toilets are not acceptable as dressing rooms.

9. Safety, Abuse, and Right Not to Perform

9.1. The Client agrees that if any Act is threatened, verbally abused, or physically abused by anyone present at or connected with the performance (including guests, staff, or the Client), the Act shall be entitled not to perform or to cease performing immediately, without penalty.

9.2. In such circumstances, all Fees remain payable in full by the Client, and no refund shall be due.

9.3. The Client is responsible for ensuring a safe, respectful environment at all times.

10. Client Insurance

10.1. The Client must hold adequate insurance policies in respect of the event or Engagement, including but not limited to public liability insurance where applicable.

10.2. www.magicianbirmingham.uk accepts no liability for any loss, damage, or injury arising from the event or venue conditions that fall under the Client’s or venue’s responsibility, except where caused directly by the proven negligence of www.magicianbirmingham.uk.

11. Permits, Licences, and Approvals

11.1. The Client is responsible for obtaining any work permits, licences, or other approvals required for the performance at the chosen venue and location, including but not limited to venue licences, local authority permissions, and performance permissions where necessary.

11.2. Failure to obtain such permits or approvals resulting in non-performance will be treated as a Client cancellation, and the charges in Section 5 shall apply.

12. Changes to Performance Schedule

12.1. Any changes to the performance schedule (including timings, breaks, or running order) are subject to these Terms of Service.

12.2. Requests for changes should be made as early as possible and must be agreed by www.magicianbirmingham.uk in writing.

13. Same-Day Changes

13.1. If changes are required to the performance schedule on the day of the event, such changes should be discussed with www.magicianbirmingham.uk (or the appointed representative) wherever possible.

13.2. If direct contact with www.magicianbirmingham.uk is not possible, any same-day adjustments must be agreed between the Client and the Act(s). Any such changes remain subject to these Terms of Service.

14. Delays Not Caused by the Act(s)

14.1. If the Act(s) is/are unable to complete a performance due to a delay in the start time or schedule which is not the fault of the Act(s) (including late-running events, delayed meals, or speeches), the Client shall remain liable to pay the full Fee.

14.2. The Act(s) will use reasonable efforts to accommodate minor delays within reason, but no guarantee is given that the full originally scheduled performance length can be delivered in the event of significant delays.

15. Extensions to Performance

15.1. Should the Act(s) be required by the Client to extend the length of the performance (for example, additional sets or longer performance time), a further fee may be charged, to be agreed between the parties.

15.2. Any such extension is at the discretion of the Act(s) and subject to availability, venue restrictions, and any applicable legal or licensing limits.

16. Late Starts Caused by the Client

16.1. The Act(s) is/are not obligated to:

• Extend any performance which has started late due to the Client’s actions or delays, or
• Complete the full scheduled duration where the start time has been delayed by the Client or event schedule.

16.2. In all such cases, the full agreed Fee remains payable.

17. Governing Law and Jurisdiction

17.1. These Terms of Service, and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of England.

17.2. The parties hereby submit to the exclusive jurisdiction of the English courts.

18. Website Use

18.1. By accessing and using www.magicianbirmingham.uk, you agree not to misuse the Website, attempt to gain unauthorised access, or engage in any activity that could damage or impair the Website.

18.2. All content on the Website (including text, images, logos, and branding) is owned by or licensed to www.magicianbirmingham.uk and may not be used without prior written permission.

19. General

19.1. If any provision of these Terms of Service is held to be invalid or unenforceable, that provision shall be deemed modified or removed to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

19.2. No failure or delay by www.magicianbirmingham.uk in exercising any right or remedy under these Terms shall constitute a waiver of that or any other right or remedy.