STANDARD TERMS AND CONDITIONS

CONTACT

URGENT – In the event of an urgent enquiry, please text/WhatsApp 07811301554 and start your message with URGENT. We cannot answer the phone or messages during entertainment, set-up or driving time due to the nature of events. We may however be able to respond to messages time to time in-between so we advise this method of contact.

NON-URGENT – Please send any queries a few days prior to your event as we cannot always respond to queries at weekends as this is peak time for us and events take priority. Please give us as much notice as possible. We will respond to most messages within 24-72 hours.

Standard Terms & Conditions of Sale –

PLEASE DO NOT BOOK UNLESS YOU FULLY AGREE

Consumer:

JUMPING JACKS EVENTS LIMITED

1) Scope – these Terms & Conditions (“the Terms”) shall apply to all quotations, offers and sales made by Jumping Jacks Events Ltd of L27 4XZ to the person or persons named on the booking form (“the Customer” or “You”).
2) The Contract – by placing an order with Jumping Jacks Events Ltd, either directly or via their website www.jjhq.co.uk/make-a-booking the Customer is offering to purchase Products and/or Services from Jumping Jacks Events Ltd on the basis of these Terms. The contract shall only be formed when Jumping Jacks Events Ltd acknowledges acceptance of the order in writing or upon delivery of the Products or the commencement of delivery of the Services whichever occurs first. No pricing made available by Jumping Jacks Events Ltd shall constitute an offer capable of acceptance and Jumping Jacks Events Ltd expressly reserves the right to amend its prices at any time. Any images, drawings or descriptions made available by Jumping Jacks Events Ltd in any form or via any medium whatsoever are produced for guidance only and do not constitute part of an offer or part of the contract unless expressly agreed in writing. The Customer is responsible for checking that the terms and details of any order are correct and accurate.
3) Contract Variations –
1. Jumping Jacks Events Ltd reserves the right to vary or alter the specifications of its Products and/or Services at any time and

without notice unless otherwise agreed in writing with the Customer.

Any contract variation by the Customer must be submitted in writing to Jumping Jacks Events Ltd for assessment as to impact on price and delivery. Such variation will not have contractual legal effect until agreed in writing by both parties.
4) “Products” – Products governed by these Terms means any Products produced or sourced by Jumping Jacks Events Ltd as listed in the order and may include:
1. Standard list Products – these are part of Jumping Jacks Events Ltd’s standard range of Products which are available for purchase by all customers and are publicised as being for general sale in company marketing documents and/or on the company website;
1. Bespoke Products – these are non-standard Products designed and produced by Jumping Jacks Events Ltd to the explicit instructions and requirements of the Customer;
1. Sourced Products – these are Products sourced by Jumping Jacks Events Ltd from third party suppliers and made available for sale under lawful agreement either in their sourced form or incorporated into Jumping Jacks Events Ltd’ own Products;
1. Customer Nominated Sourced Products – these are Products sourced from a third-party supplier at the Customer’s request and supplied to the customer either in the sourced form or incorporated into Jumping Jacks Events Ltd’ own Products. Jumping Jacks Events Ltd accepts no responsibility or liability for the performance, quality or delivery of these Products.
5) “Services” – Services governed by these Terms means any Services produced or sourced by Jumping Jacks Events Ltd as listed in the order and may include:
1. Standard Services – these are part of Jumping Jacks Events Ltd’ standard range of Services which are available for purchase by all customers and are publicised as being for general sale in company marketing documents and/or on the company website;
1. Bespoke Services – these are non-standard Services designed and produced by Jumping Jacks Events Ltd to the explicit instructions and requirements of the Customer;
1. Sourced Services – these are Services sourced by Jumping Jacks Events Ltd from third party suppliers and made available for sale under lawful agreement either in their sourced form or incorporated into Jumping Jacks Events Ltd’ own Services;
1. Customer Nominated Sourced Services – these are Services sourced from a third-party supplier at the Customer’s request and supplied to the customer either in the sourced form or incorporated into Jumping Jacks Events Ltd’ own Services. Jumping Jacks Events Ltd accepts no responsibility or liability for the performance, quality or delivery of these Services.
6) Pricing –
1. All pricing quoted is inclusive of VAT if applicable and any other applicable taxes or duties which will be charged at the prevailing rate where applicable.
1. Unless otherwise agreed in writing all pricing is inclusive of any delivery charges up to 10 miles from Jumping Jacks HQ at L27 4XZ. Delivery/travel costs beyond that distance will be charged at £1 per mile each way for the first 2 staff members + £0.50 for each additional staff member. Any other charges such as parking charges, Mersey Tunnel toll charges or Runcorn Expressway Bridge will be added to the total on the day if applicable. In the event that we are issued with a parking notice or fee for unloading at the customers chosen venue, the customer will be liable for these costs.
7) Terms for party bookings – PLEASE READ CAREFULLY
1. Once you have completed the booking form, paid the deposit and received confirmation of your booking from Jumping Jacks Events Ltd someone from the team will contact you within 48 hours to confirm all details by email. You will also be contacted a few days before the event date to re-confirm the booking details.
1. Once booked, the time, duration of the party and any optional extras cannot be amended.
1. Please ensure that there is a 13 Amp power supply, protected by an RCD safety switch, available for use by the entertainer. For outdoor events there must be an extension cable set up ready for when the entertainer arrives at your event. Delays in start times due to there not being a power supply ready are not the responsibility of either the entertainer or Jumping Jacks.
1. Please also note that responsible adults who accept responsibility for the behaviour, safety and wellbeing of any children present must be present for the duration of the event. Safeguarding guidelines mean that it is not appropriate for the entertainer(s) to be left alone with children under the age of 18.
1. The venue must be free from obstruction. Please clear away any toys and/or obstacles before the entertainment/visit starts. A blank canvas for parties/visits is preferable.
1. We can only use the foam/bubble machine in venue’s that give permission and if the floor is suitable and deemed safe by our staff (for entertainment only). Machines will be put on in short bursts and not continuously for health and safety reasons.
1. We cannot provide parties in venues that are overcrowded or if there are any health and safety issues. All venues and house parties must be a suitable size for the amount of people. Each person taking part in our activities should be able to hold their arms out stretched in front and to the sides without touching anyone else. This enables everyone to take part in the activities safely. Health and safety policies will be updated as needed for the safe number of participants in any location.
1. If you have a pet, please note that we will not be able to start entertainment with pets in the same area. Pets will not be allowed in the area where any equipment, resources or items owned or used by Jumping Jacks Events Limited are left.
1. Please do not book bouncy castles at the same time as our entertainment. If you have already booked a bouncy castle you can deflate it while our entertainment/visit takes place. Bouncy castles can be noisy and distract from the entertainment and we would like all customers to fully benefit from our entertainment.
1. If you have a sweet buffet, please close this during our entertainment as children should not be eating during our entertainment as this could cause a potential choking hazard.
All children under 5 years of age must be accompanied by a responsible adult. Babies and young toddlers require parental/carer participation and full supervision.
PLEASE NOTE: Disabilities and/or medical problems. The nature of the Services is such that they may not be appropriate for some children or adults with certain disabilities or medical problems. If any child or adult participating in the event has a disability or medical problem, then You must provide full details at the time of booking so that advice can be given as to the suitability of the Services and/or any reasonable adjustments that can be made to accommodate the disability/medical problem. Depending upon the disability/medical problem a doctor’s certificate may be required that certifies that the person is fit to participate in the Services. Provisions of such a certificate will be the responsibility of the Lead Person at their expense. If Jumping Jacks Events Ltd, at its sole discretion, decides that it is unable to properly accommodate the needs of the person then the booking will not be confirmed. If details of any disability or medical condition are not revealed at the time of booking but became evident at a later date then Jumping Jacks Events Ltd reserves, at its sole discretion, to cancel the booking and charge any cancellation fees accordingly. If You believe during the event that any children have a medical condition that may affect their ability to participate, please advise your Party Leader – the safety and wellbeing of any children at the event is of utmost importance.
Event photos – photos of each Party will be taken throughout each event by the Party Leader. These photos will be stored on our server and also uploaded to our Facebook page. Photos may also be uploaded to other social media sites without names attached. If You do not wish to have any photo taken then they must make that request clear to Jumping Jacks Events Ltd at the time of booking. Photos of children under the age of 16 will not be taken without the express written permission of their parents/legal guardians – consent forms will be provided at the time of booking.
All party leaders, characters and performers must be treated with courtesy and respect by both adults and children at the party. We may refuse entertainment or end entertainment at any time if this is not the case and any monies paid will not be refunded.
JUMPING JACKS RESERVE ALL RIGHTS TO REFUSE ENTERTAINMENT ON ANY OF THE GROUNDS LISTED ABOVE

OR FOR ANY OTHER HEALTH OR SAFETY REASON. WE APPRECIATE YOUR CO-OPERATION AND SUPPORT AND

LOOK FORWARD TO YOUR UPCOMING EVENT.

8) Delivery –
- Although Jumping Jacks Events Ltd shall try in all good faith to meet Product and/or Services delivery dates they are not guaranteed but are estimates based upon the information available to Jumping Jacks Events Ltd at the time of order confirmation. Under no circumstances shall Jumping Jacks Events Ltd be liable for any damages or losses whatsoever arising from any delay in delivery, even if caused by Jumping Jacks Events Ltd’ negligence, unless there is specific written agreement between Jumping Jacks Events Ltd and the Customer. Liability of Jumping Jacks Events Ltd shall be limited at Jumping Jacks Events Ltd’ sole discretion to;
  - a) Delivering the Products and/or Services within a reasonable time;
  - b) Refunding the pro-rata price based on the quantity of the Products and/or Services that are undelivered.
- Delivery shall be made by Jumping Jacks Events Ltd to the delivery location specified by the Customer and shall require the Customer to have a responsible person at that location to accept and sign for the Products and/or Services. If there is no such person available at the specified delivery location then the Customer consents to either:
  - a) Jumping Jacks Events Ltd leaving the Products at that location and in this case risk in the Products will pass to the Customer at that time and no further liability shall remain with Jumping Jacks Events Ltd with respect to the Products to the limit permitted by applicable law and/or
  - b) Jumping Jacks Events Ltd refusing to perform the Services at that location.
- If the Customer fails to take delivery of either Products and/or Services, delivery fails because of inaccurate delivery location information provided by the Customer or any other reason due to the negligence or fault of the Customer then Jumping Jacks Events Ltd can, at its sole discretion and without limitation to any other rights and remedies:
  - a) Charge the Customer for any delivery and recovery costs of the Products to and from the delivery location together with a £50 administration fee
  - b) Charge the Customer for any costs associated with the Services delivery failure together with a £50 administration fee.
  - c) Charge at full value for any Bespoke Products and or Services
  - d) Charge at full value for any Sourced or Customer Nominated Sourced Products where such products cannot be sold elsewhere or returned for full refund to the original supplier within 15 days of the failed delivery.
  - e) Charge at full value for any Sourced or Customer Nominated Sourced Services within 15 days of the failed delivery where such Services incur any charges from the original supplier.
9) Delivery in Instalments – if the Products and/or Services are delivered in instalments then each delivery shall constitute a separate

contract. Any failure by Jumping Jacks Events Ltd to deliver any one or more instalment in accordance with these Terms shall not entitle the Customer to repudiate the entire contract.

10) Inspection of the Products –
1. It is the Customer’s responsibility to check that either:
  1. a) That the quantities and specifications of the Products correspond to the contract and that there is no visible signs of damage before accepting and signing for delivery and/or
  1. b) That the delivery of the Services complies with the specifications within the contract
1. Claims for damaged or faulty Products and/or non-compliance with the Services specification will only be accepted if made within 1 hour of delivery unless otherwise agreed in writing. The Customer must retain and store the disputed Products in good condition for inspection and collection.
11) Payment –
1. Jumping Jacks Events Ltd will grant credit at its absolute discretion and reserves all rights to refuse credit to the extent of applicable law.
1. Jumping Jacks Events Ltd will require a non-refundable deposit/booking fee to be paid at the time of order.
1. Unless otherwise agreed in writing payment for all Products and/or Services must be made in advance or on the day and in full, without any deductions unless agreed in writing. Time for payment shall be of the essence and Products and/or Services will not delivered unless full payment has been made.
1. Failure to pay any overdue invoices or charges shall entitle Jumping Jacks Events Ltd to suspend any unexecuted or future orders without further notice and at their sole discretion.
1. If failure to pay is due to any cheques, standing orders or directs debits in the Customer’s name being dishonoured then this will invoke clause 11(iv) together with a further charge of £50 to cover bank and administrative costs.
12) Risk, Title and Ownership – risk in the Products will pass to the Customer upon delivery. Ownership is established by the transfer of title which shall not pass to the Customer until payment has been made in full and the funds have been cleared. Until title has passed the Customer must act in his capacity of fiduciary owner and hold the Products as Jumping Jacks Events Ltd’ Bailee and, at no cost to Jumping Jacks Events Ltd, must also store the Products safely in suitable conditions and maintain them in good condition without destroying or defacing any labelling, identifying marks or packaging associated with the Products.
Where title has not yet passed to the Customer and the Customer commits a material breach of any of the obligations contained within these Terms or any contract governed by these Terms is terminated under clause 17 then Jumping Jacks Events Ltd shall be entitled to recover payment for the Products notwithstanding that the Customer does not have title to them.
13) Intellectual Property –
1. All Intellectual Property Rights already owned by Jumping Jacks Events Ltd or created during the performance of any contract governed by these Terms is and shall remain the property of Jumping Jacks Events Ltd. Unless confirmed in writing and signed by an authorised representative of Jumping Jacks Events Ltd nothing in the terms of this agreement shall vest any ownership rights in the Customer.
1. Please note we do not wish to violate or infringe upon any copyright laws. Our costumes, characters, jewellery, hairstyles and props are derived from our imaginations and DO NOT claim to be associated with any copyrighted or name branded known princess, superhero, mascot or character. Our characters come from storybook tales that have been around for many years. Resemblances between our entertainers and the copyrighted characters is not intentional and is purely coincidental. All clients booking with us must be in acceptance that our mascot characters, actors, princess and superhero characters are not representing licensed copyrighted characters or their stories, please do not confuse our mascot characters, actors, princess and superhero characters with the Walt Disney Trademarked characters or any characters shown on any Television Programme or Movie. Jumping Jacks Events Limited has no association with the Walt Disney Company or any other well-known Television or Movie Companies.
14) Limitation of liability – Jumping Jacks Events Ltd limits its liability to the maximum extent permitted by applicable law and we expressly exclude:
1. All representations, warranties and conditions relating to the supply of the Products and the use of them including, without limitation, any warranties implied by law in respect of satisfactory quality or fitness for purpose.
1. Liability for deleting software that cannot be re-installed because it was unlicensed and/or illegal for some other reason.
1. Any liability for any direct, indirect or consequential loss or damage incurred by you in connection with use of the Products. This includes, but is not limited to, liability in respect of the Customer and/or any 3rd party for: Loss of income or revenue; Loss of profits; Loss of business; Loss of data; Loss of goodwill; Loss of opportunity; Any indirect, consequential or special loss or damage; Wasted management or staff time;
Nothing in this disclaimer will:
1. Limit or exclude your or our liability for death or personal injury resulting from negligence;
1. Limit or exclude your or our liability for fraud or fraudulent misrepresentation;
1. Limit any of our liabilities in any way that is not permitted under applicable law;
1. Exclude any of our liabilities that may not be excluded under applicable law.

Subject to the preceding provisions the limitations and exclusions of liability govern all liabilities arising from the supply of the Products and/or Services under contracts governed by these Terms including all liabilities arising in contract, tort (including negligence) and for breach of statutory duty.

15) Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013
1. If the Customer is a consumer and if Jumping Jacks Events Ltd has agreed your requirements at a face to face meeting away from our premises and the Customer has either confirmed the contract at that meeting or immediately after that meeting or has purchased services from Jumping Jacks Events Ltd via an organised distance selling operation then the above Regulations may apply.
1. Right to cancel: If these Regulations apply, the Customer has the right to cancel the order within 14 days of Jumping Jacks Events Ltd receiving the confirmation of order. In order to do so the Customer must cancel the agreement in writing or by email to Jumping Jacks Events Ltd by emailing info@JJHQ.co.uk. In the case of contracts for service Jumping Jacks Events Ltd cannot start to supply the service until the 14 days cancellation period has expired unless we receive a request in writing from the Customer to start the service within the 14 day cancellation period. PLEASE NOTE: In requesting an early start to the service the Customer understands that they may forfeit some or all of their rights to cancel as provided for in the Regulations and that they may be liable for some or all of the costs of service provided.
1. Jumping Jacks Events Ltd shall carry out the agreed services as efficiently as possible, but the nature of the services may mean that we are unlikely to be able to perform the contract within the maximum period of 30 days laid down by the Regulations. PLEASE NOTE: By accepting these terms of business the Customer is agreeing that Jumping Jacks Events Ltd need not perform the contract within a maximum of 30 days.
16) Privacy – Neither party will, under any circumstances, share or sell any of the other party’s details or information to any 3rd party without that party’s prior written consent.
17) Waiver – no waiver, by either party, whether implied or express, of any particular provision of these Terms, or of any breach or default of either party, shall constitute either a continuing waiver of such provisions or a waiver of any other provisions of the Terms.
18) Termination of Contract –
1. Cancellation by Customer – any contract governed by these Terms may not be cancelled by the Customer without the Jumping Jacks Events Ltd’s prior written consent.
  1. Under the Consumer Rights Act, deposits are non-refundable in the event of cancellation by the Customer if we cannot get a replacement booking for the same date and time that you have booked. If we can get another booking in your place then we will refund all of the deposit payment made, minus the cancellation charge. In exceptional or rare circumstances, we may refund your deposit with a legitimate reason, minus the cancellation fee.
  1. There is a cancellation charge to cover our reasonable costs for administration. This fee is set at £25. This may be more for an in-depth booking that has taken more time to deal with, required a site check or numerous meetings for example. The £25 fee can be legitimately withheld from your deposit for our administrative costs as per Consumer Rights Act.
  1. For May, June, July, October and December bookings cancellation by the Customer will incur a charge of the full rate for the event unless we can take another booking in it’s place to avoid losses for Jumping Jacks Events Ltd arising from the cancellation.
1. Cancellation by Jumping Jacks Events Ltd – Jumping Jacks Events Ltd can terminate any contract governed by these Terms immediately upon written notice to the Customer and suspend any further deliveries if the Customer fails to perform any of its obligations within the contract.
19) Force Majeure – Jumping Jacks Events Ltd shall not be liable for delay in performing or for failure to perform its obligations if the delay or failure results from any of the following: Acts of God; Outbreak of hostilities, riot, civil disturbance, acts of terrorism; The act of any government or authority (including refusal or revocation of any licence or consent); Fire, explosion, flood, fog or bad weather; Power failure, failure of telecommunications lines, failure or breakdown of plant, machinery or vehicles; Default of suppliers or sub-contractors; Theft, malicious damage, strike, lock-out or industrial action of any kind; Any cause or circumstance whatsoever beyond Jumping Jacks Events Ltd’ reasonable control
20) Notice – Any notice or communication served during the performance of this agreement shall be sent by hand or by recorded delivery first class post to the following address: Jumping Jacks Events Ltd, Office 19-21 at The Big Padlock, Unit 3, Ellis Ashton Street, L36 6BJ.
21) Severability – The provisions of this document are severable and if any part thereof is held to be invalid or unenforceable by any court then it will not affect the validity or enforceability of any of the remaining provisions. If any unlawful and/or unenforceable clause would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the clause will continue in effect (unless that would contradict the clear intention of the parties, in which case the entirety of the relevant clause will

be deemed to be deleted).

22) Governing Law – Any differences arising between Jumping Jacks Events Ltd and the Customer concerning this Agreement or the rights and liabilities within it shall be governed by and interpreted, in all respects, in accordance with the Laws of England. The parties hereby submit to the exclusive jurisdiction of the English Courts.
23) Third Party Rights – a person who is not a party to any contract governed by these Terms (a 3rd Party) shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these Terms.
24) Dispute Resolution – The parties shall attempt to resolve any dispute arising out of or relating to this contract through negotiations between representatives of the parties, who have authority to settle such disputes. If the matter is not resolved by negotiation within 30 days of receipt of a written ‘invitation to negotiate’, the parties will attempt to resolve the dispute in good faith through an agreed Alternative Dispute Resolution (ADR) procedure. If the matter has not been resolved by an ADR procedure within 60 days of the initiation of that procedure, or if any party will not participate in an ADR procedure, the dispute may be referred to arbitration by any party. Nothing in this clause shall be construed as prohibiting a party or its affiliate from applying to a court for interim injunctive relief.

25) Whole Agreement – These Terms governing any contract established with the Customer constitute the entire Agreement between Jumping Jacks Events Ltd and the Customer and supersede any and all prior terms whether written or oral. No modification to the Terms or any claimed waiver shall be deemed to be valid unless in writing and signed by authorised representative of Jumping Jacks Events Ltd.

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