Terms and Conditions
Please read the following terms and conditions and cancellation policy before sending your confirmation form.
shall refer to Freshwater Theatre Company Limited of St Margaret’s House, 21 Old Ford Road, E2 9PL.
refers to the educational establishment, person, firm, company or other body with whom or with which Freshwater Contracts subject to these conditions
refers to the Contract made or to be made between Freshwater and the Client subject to these conditions
shall mean any performance, show, workshop or other services to be supplied by Freshwater to the Client under Contract
1. CONDITIONS OF SERVICE APPLY
a. Freshwater’s Conditions of Service shall apply to and govern any Contract between Freshwater and the Client to the exclusion of any condition contained on or in any order form letter, receipt acknowledgement, or other document emanating from the Client and no variation of these Terms and Conditions shall be effective unless expressly agreed by Freshwater in writing.
b. Freshwater’s agents are not authorised to make any representations concerning the Presentations unless confirmed by Freshwater in writing. In entering into the Contract the Client acknowledges that it does not rely on any such representations which are not so confirmed.
a. It shall be the responsibility of the Client to immediately give Freshwater information required to proceed with the Contract and to ensure that the Presentation is sufficient and suitable for the purpose or purposes intended.
b. Freshwater reserves the right to make without notice to the Client any improvement or alterations to the Presentation which it thinks reasonable or desirable and such improvements or alterations shall not affect the validity of the Contract.
c. Freshwater will provide Presentation as agreed in the Terms of the Booking Form and will not allow extra classes over the original number booked unless by prior written arrangement with Freshwater.
d. Freshwater will provide Presentation as agreed in the Terms of the Booking Form and will not allow extra students over the maximum number per session or show unless by prior written arrangement with Freshwater.
3. PRICE AND PAYMENT
a. Any quotation or estimate provided by Freshwater, whether written or oral, shall be deemed to be an invitation to treat and not an offer. The placing of any order, whether written or oral shall constitute an offer by the Client and no acceptance shall be binding upon Freshwater and no Contract shall come into existence unless and until Freshwater shall have accepted the Client’s offer in writing by dispatching an acknowledgement of order to the Client.
b. The price payable will be inclusive of VAT.
c. Payment of all sums due to Freshwater shall be made in full within 30 days of final Presentation date on the invoice which shall be rendered to the Client (“the Due Date”).
d. In default of payment being made by the Due Date Freshwater may:- charge interest at the rate of 8% per annum above the base rate printed from time to time by Barclays Bank Plc on any overdue amount from the day following the Due Date until the date of receipt of cleared funds.
4. NON-PERFORMANCE AND CANCELLATION PROVISIONS
a. In the event that the Client cancels or postpones the Presentation, for any reason, there shall be no charge provided that the cancellation or postponement takes place at least 8 working weeks before the planned date of Presentation. Within the 8 week period, the following charges shall apply:
i. If the cancellation or postponement takes place less than 8 weeks, but more than 4 weeks before the planned date of Presentation the Client shall be liable to pay 10% of the full service fee;
ii. If the cancellation or postponement takes place less than 4 weeks, but more than 1 week before the planned date of Presentation the Client shall be liable to pay 60% of the full service fee;
iii. If the cancellation or postponement takes place 1 week or less before the planned date of Presentation or once the service has been performed or initiated, the Client shall be liable to pay 100% of the full service fee plus any unrecoverable expenses.
b. In the event that the Client cancels or postpones the Presentation, Freshwater may elect to waive any of the above cancellation provisions if an alternative date can be made for the Presentation, entirely at the discretion of Freshwater and Freshwater are not bound or due to make this offer.
c. Freshwater will aim to reschedule a Presentation if Freshwater is forced to cancel or postpone the Presentation for any reasons.
5. LIMITATION OF LIABILITY
a. (a) Except where Freshwater’s liability is for death or personal injury as a result of negligence in no event shall Freshwater be liable for the following loss or damage howsoever caused and even if foreseeable or in the contemplation of the parties:
i. economic loss (which shall include loss of profits, business revenue, goodwill and collateral damage);
ii. administrative and overhead costs;
iii. damages in respect of special indirect or consequential loss or damage;
iv. any claim made against Freshwater by any other party.
b. Save where Freshwater is liable for death or personal injury, Freshwater’s entire liability shall in any event be limited to the value of the Contract.
6. CONSEQUENTIAL LOSS
Without prejudice to the generality of the foregoing provisions Freshwater shall not in any event be liable to the Client in Contract or tort or otherwise for any indirect or consequential loss or damage whenever or howsoever arising.
7. FRESHWATER’S RIGHT OF RESCISSION
Any Contract Freshwater has with the Client shall be operational upon an order by order basis. Nothing in these terms and conditions shall imply any continuous relationship between Freshwater and the Client.
Freshwater shall have the option (without prejudice to any of its other rights against the Client) by notice in writing to the Client to rescind any Contract between Freshwater and the Client in the following events: –
a. Should any sum owing by the Client to Freshwater be overdue whether under the same or any other Contract, or
b. Should the Client be in breach of any term of the same or any other Contract with Freshwater.
No forbearance or indulgence by Freshwater shown or granted to a Client whether in respect of these terms and conditions or otherwise, shall in any way affect or prejudice the rights of Freshwater against the Client or be taken as a waiver of any of these standard conditions.
9. FORCE MAJEURE
Freshwater shall not be liable for failing to perform the Contract whether wholly or in part if the failure is caused wholly or partly by any circumstance or circumstances outside Freshwater’s control.
Freshwater and the Client agree that if any term of this Contract shall be adjudged by a Court of competent jurisdiction to be void or unenforceable but would be valid and enforceable if some part or parts thereof were deemed deleted or if it were deemed varied or modified in some way then such provision shall apply with such modification or variation as shall be necessary to make it valid and effective.
The numbers and headings in these conditions are for ease of reference only and do not form part of them for the purpose of constructions.
Freshwater shall be entitled to assign sub-Contract or sub-let this Contract or any part thereof. The Client shall not be entitled to assign this Contract.
13. PROMOTIONAL MATERIAL
No drawings, descriptive matter, issued by Freshwater, nor the descriptions and illustrations contained in Freshwater’s publicity material or other professional material or details on the Website will form part of the Contract nor be regarded as a warranty or representation relating to the Presentation.
These terms and conditions are governed by and are to be construed in accordance with English law and are subject to the exclusive jurisdiction of the English Courts.
15. THIRD PARTY RIGHTS
The Contracts (Rights of Third Parties) Act 1999 is expressly excluded from this Contract.
Freshwater does not allow video recording of any Presentation. Photographs may be permitted if agreed by Freshwater or Freshwater’s agent.