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 before hand. 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.

These regulations and terms of booking are created to make me easy to book and for bookers to know that I will do my utmost to deliver. Similarly 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.

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 negotiation process.

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 these 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 occurrence).

5) 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: 100%

6) Any cancellation must be communicated in writing 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. 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.

7) 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 these costs.

8) 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.

9) If I am able to find a replacement booking within the time period, 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 to show that I am helpful and have your best interests in mind.

10) If 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 but without a double fee being payable and without further loss to me.

11) If for any understandable reason (ie my illness or inability to reach the destination) and I am unable to fulfil any booking, I will do my best to find a suitable replacement for the event, under the same terms and conditions. (I'd like to add that this has happened only twice in 20 years!)

12) If any details of the event change (between 'contract' stage and the event) that affect my performance, this must also be communicated to me in writing and also verbally checked to ensure I have received it.

13) I will require cash payment on arrival at the booking, or in some circumstances a cheque within 14 days of the event. This will be detailed and agreed prior to the performance and forms part of the contract.

14) 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.

15) 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.

16) 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. They are due immediately and a refund will be made of an over-payment is deemed to be true.

17) 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 agreement.

18) 'Residencies' on a 'rolling booking' contract are also subject to 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. Obviously, if the cancellation period is worked, then only 'normal' fees will apply, However, if working is not required or impossible, cancellation charges will be applied for that 3 month period or part of that period, following the scale in para 5 above.

19) 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 but any breach will be dealt with legally where necessary.