Terms Of Booking
These ‘Terms of Booking’ and service
supplied apply to all bookings of performance (or other
services) by John Gordon / MagicWorks, unless changes and
differences are expressly agreed in writing beforehand.
A link to these Terms & Conditions will be provided in all
important communications before and on agreement. It is the
booker's responsibility to read these terms before
confirmation of any booking.
and terms of booking have been created to make me easy to
book and for bookers to know that I will do my utmost to
deliver. These 'Terms Of Booking' are designed to protect
both parties (the booker and myself) from failure to perform
by the other party. They have been kept in simple terms for
clarity and any breach will be dealt with legally where
1) Many clients (especially private ones)
will not generate written contracts in the accepted sense of
the word. Any agreement, whether verbal or via email, will
be deemed a confirmation and a contract and the terms will
be as discussed and communicated during the booking and
2) Once an agreement has been reached, it
is deemed a firm contract, irrespective of whether any
deposit or full fee is made before the actual performance. A
simple discussion by both parties and written confirmation
(by email or letter) by the booking client (or their
representative) containing all relevant details is all that
is required. In the absence of any paperwork, I will submit
details as I understand them, prior to the event.
3) A simple acknowledgement of this
acceptance is all that is required. Should the booker
disagree with any detail, this must be communicated in
writing immediately. I will in turn acknowledge any
alterations and/or additions.
4) Once a booking (or other service) is
agreed, I will consider this a firm contracted booking and
will turn away all other work offered that interferes with
the performance. (This detail is important and a common
There are different payment
requirements depending upon the type of customer, client and
event. The payment terms will be detailed and agreed and
form part of the ‘contract’ at the time of confirmation. As
a rough guide:
5) For private bookings I will require cash payment on
arrival at the event. Residencies pay in cash at the end of
each individual booking. I will present an Invoice.
Corporate bookings must be paid so I receive cleared funds
prior to the event (for new clients) or in some
circumstances (select existing clients) a cheque or bank
transfer within 14 days of the event. I will submit a Pro
6) Any delay in payment, whether in cash
on the day or the cheque payment of an invoice submitted
with a stated payment schedule, may attract a surcharge for
late receipt. This will be a percentage of the fee and be
changed weekly (5% compound) until cleared funds are
received. You will be notified of this intention to levy
charges by email or letter. Only an explicit agreement
between us before the booking can change this.
7) Failure to pay at all may also attract
other charges and interest depending on the exact situation.
This will be also notified in writing as and when this
arises and these may continue to accrue until cleared funds
I need to feel secure that a confirmed
booking represents an obligation by the booker and every
possible action has been taken to prevent any cancellation.
I do not carry ‘cancellation insurance’ (as it is impossible
to get affordable cover due to the wide variety of events I
am engaged in) however, I expect clients who hold regular
events (as opposed to one offs) to have such insurance to
cover any unforeseen cancellations and therefore honor
payments to contractors.
8) Any cancellation must be communicated
in writing (by letter, not just email) to my current address
at the earliest opportunity. It is also recommended that
this is supported by email and a telephone call (as I travel
for work and may not receive snail mail for some time) so
that the cancellation is communicated in the fastest way
possible. However, it is essential it is made in writing
(perhaps by special delivery) as this is the only evidence
that it has been both sent and received. This cancellation
should clearly state the reason(s) for the cancellation and
acknowledge any payment terms that apply.
9) Once confirmed the booker, customer, client also agrees
to pay cancellation fees (see scale below) should the
booking need to be cancelled for any reason.
i) Anytime after a contract is
agreed: 50% of agreed fee
ii) If within 12 weeks of the booking:
75% of the agreed fee
iii) If within 4 weeks of the booking:
10) If I have incurred any out of pocket
or other expenses what-so-ever prior to the cancellation
(this may include travel bookings, accommodation, props and
consumables) then the client will also be liable for the
cost of these a) if they cannot be returned or cancelled
and/or b) unless the full fee is paid and was inclusive of
11) I am unable to accept cancellations
made on the telephone or by email alone. By all means make
these in addition to the required written cancellation out
of courtesy and in case I am away so I can perhaps make
other arrangements that benefit us both.
12) If there is any dispute over the
communication process or attempts to avoid a cancellation,
this will be investigated before any fees due are waived.
Cancellation fees are due immediately and a refund will be
made if an over-payment is deemed to be true.
13) As a gesture of goodwill, if I am
able to find a replacement booking within the time period
(and I will do my best to do so), then I will refund a
percentage of this cancellation fee. This is a special,
highly unusual offer but made as a generous, well meaning
gesture with your best interests in mind and for the sake of
our future relationship.
14) If, following a cancellation, a
booking is rearranged within 6 months of the cancellation,
on a date that I am available (without loss of any other
work), then a discount will be given for this rebooking (the
amount depending upon a variety of factors). The purpose is
to encourage a re-booking without a double fee being payable
and without further loss to me.
Inability to perform
15) If the conditions at the venue are
not suitable for my agreed performance (for whatever reason)
then the booking will be treated as a cancellation. See the
above 9) schedule of charges.
16) If for any understandable reason (ie my illness or
inability to reach the destination) I am unable to fulfill
any booking, if required I will do my best to find a
suitable replacement for the event. (I'd like to add that
this has happened only twice in 20 years!)
17) If any details of the event change
(between 'contract' stage and the event) that affect my
performance, this must also be both agreed and communicated
to me in writing and also verbally checked to ensure I have
received it. Clearly this is to avoid any ‘surprises’
especially things which may prevent me delivering the agreed
performance. If changes prevent my agreed performance, then
15) and 9) apply.
When I am engaged to perform on a regular basis (whether
nightly, weekly, bi-weekly, monthly etc) we will, by default
have an agreement whereby I will reserve (hold / pencil)
future dates perhaps a year ahead. This is necessary so that
I can book other residencies (for example) without clashes.
Because ‘Residencies’ are such a
commitment, I need the flexibility to adjust dates from time
to time. This is simply because ‘Residency’ fee rates are
considerably lower than ‘standard’ bookings and cannot
prevent core business bookings and earning! The following
terms are designed to explain that.
18) Contracts for regular bookings (like
a 'residency') will be subject to the same terms and
conditions detailed above. An acceptance of the booking and
start of any series of bookings constitutes an acceptance of
all these terms. If the 'booking' is for a specific number
of appearances or time period, then the conditions apply to
each and every single booking covered within that booking
19) Bookers also agree that should I have
or receive a ‘full booking’ (private or corporate at my
‘full rate’) on a residency date then I will discuss with
the venue manager and where possible make a diary adjustment
to free up that date (to my other booking) but without
losing a residency booking (or frequency / volume) within
any given period. If all else fails, I will be ‘released’
for this ‘other’ booking.
20) Equally, if the client (of the
residency) would like to adjust or move an occasional
scheduled date (because of closure that night or adverse
weather conditions etc) – then I agree, if I am able, the
moving to another agreed date.
21) 'Residencies' on a 'rolling booking'
contract are also subject to all the above. Whilst I will
assume that the dates will apply for the foreseeable future,
termination notice must be given in writing 3 months ahead
of the final date to be worked. This is because I frequently
turn away other similar booking offers that clash with
regular dates. This notice period provides a buffer for
replacing work. This ensures either party has sufficient
time to find and make alternative arrangements without loss.
22) Obviously, if the cancellation period
is worked, then only 'normal' Residency fees will apply,
However, if working is not required or possible,
cancellation charges will be applied for that 3 month period
or part of that period, following the scale in 9) above ie I
will still receive payment as if I had appeared and
performed, and this will be payable immediately upon
presentation of my final invoice.
John Gordon / MagicWorks 1996 - 2013 All Rights