Terms and Conditions

These terms and conditions apply to bookings made by a company, partnership, charity, public body or other organisation, where the full fee is payable in advance. Separate terms apply to private bookings.

1. Definitions

In these terms and conditions:

"Booking Form" means the online booking form submitted by you.

"Event" means the event on the date set out in the Booking Form.

"Performance" means the entertainment services to be provided for the Event under the Booking Form and these terms and conditions.

"Performance Fee" means the agreed total fee for the Performance as set out in the Booking Form.

"Performer" means the professional entertainer or entertainers allocated by us to deliver the Performance.

"Venue" means the place at which the Event is held.

"we", "us", "our" means The Close-Up Collective Ltd.

"you", "your" means the organisation named as the booker on the Booking Form.

2. The contract

2.1 Your submission of the Booking Form is an offer to book the Performance. A contract is formed between us when we confirm your booking in writing and you have paid the Performance Fee.

2.2 Until the Performance Fee is received the date is not held, and remains available to other clients.

2.3 These terms and conditions apply to the booking to the exclusion of all other terms. Any terms or conditions that you put forward, or that appear on or are referred to in a purchase order, supplier form, supplier portal, procurement pack, acknowledgement or similar document, do not apply and are not incorporated into this contract, whether or not we sign or return that document.

2.4 Clause 2.3 does not prevent us agreeing to your terms, but we only do so where we say expressly and in writing that we accept them, identifying them specifically.

2.5 Signing or returning your supplier documentation is an administrative step to allow payment to be processed. It is not acceptance of your terms.

2.6 This contract, together with the Booking Form, is the entire agreement between us in relation to the Performance, and replaces anything said or written beforehand.

3. Payment

3.1 The Performance Fee is payable in full no later than 7 days after your submission of the Booking Form.

3.2 If the Performance Fee is not paid within that period we reserve the right to release the date and cancel the Performance, with no liability to you.

3.3 The Performance Fee is inclusive of all travel costs. There are no additional charges for travel, mileage or parking.

3.4 All fees are exclusive of VAT. Where VAT is chargeable it will be added at the prevailing rate and shown separately on the invoice.

3.5 All fees are payable by bank transfer to the account detailed on your invoice, unless we agree otherwise in writing.

3.6 You must pay all amounts due in full, without any set off, counterclaim, deduction or withholding.

3.7 Where you require a purchase order number to appear on our invoice, you must provide it before the invoice is raised. The absence of a purchase order number does not affect your obligation to pay by the date in clause 3.1.

3.8 Payment of the Performance Fee in full is a condition of the Performance. Where the Performance Fee has not been received in cleared funds before the Event, we are under no obligation to attend, and clause 6.2 applies as though you had cancelled the Performance.

3.9 If we allow you additional time to pay, that is a concession for that booking alone. It does not vary these terms, does not waive our rights under clauses 3.2 or 3.8, and does not entitle you to additional time on any other occasion.

4. Who performs

4.1 The Close-Up Collective is a team of professional entertainers. Unless the Booking Form names a specific performer, your booking is with us and we allocate a suitable Performer from the team.

4.2 Where we allocate the Performer, we may change the allocated Performer at any time before the Event. Any replacement will be of equivalent professional standard, and there will be no additional cost to you. You did not book a named individual, and no refund or reduction arises from a change of Performer under this clause.

4.3 You may book a specific performer by name. Where you do, that performer is named on the Booking Form and an additional fee applies, which is shown separately on the Booking Form.

4.4 Where the Booking Form names a specific performer we will provide that performer, and will only substitute another Performer where the named performer is unable to attend for reasons beyond their control, including illness, injury, bereavement or travel disruption.

4.5 If we substitute under clause 4.4 we will tell you as soon as we reasonably can, provide a suitable entertainer of equivalent professional standard, and refund the additional fee you paid to secure the named performer. The rest of the booking continues unchanged.

4.6 If you would rather not proceed once told of a substitution under clause 4.4, you may cancel and we will refund all sums paid. This is your sole remedy in those circumstances.

4.7 Performers are engaged by us on a self-employed basis. Your contract is with us alone, and any question, request or complaint should be directed to us rather than to the Performer.

5. Changes to your booking

5.1 Any change to the date, timings, Venue, duration or number of Performers must be agreed by us in writing. Email qualifies as writing.

5.2 We will do our best to accommodate a change of date. A change of date is subject to availability and may result in a revised Performance Fee. Sums already paid will transfer to the new date. Only one change of date is permitted per booking, and the new date must fall within 12 months of the original Event date.

5.3 If we cannot accommodate your new date, the booking will be treated as cancelled by you under clause 6.

5.4 A material increase in guest numbers, performance duration or Venue size may require an adjustment to the Performance Fee or the number of Performers. We will tell you before making any change, and will not increase the fee without your written agreement.

6. Cancellation by you

6.1 If you cancel the Performance you must tell us in writing. The date of cancellation is the date we receive your written notice.

6.2 The Performance Fee remains payable in full on cancellation, whenever the cancellation occurs. No refund is due.

6.3 This reflects the fact that we turn away other work once a date is held, and that a cancelled date is unlikely to be rebooked.

6.4 We may, at our discretion, offer to transfer the Performance Fee to an alternative date within 12 months of the original Event date, subject to availability. Any such offer is made case by case, is not a right, and does not create an expectation that a further cancellation would be treated the same way. Where the fee for the new date is higher, the difference is payable by you.

7. Cancellation by us

7.1 We may cancel the Performance where you have not paid on time, as set out in clause 3.2.

7.2 We may cancel or stop the Performance where clause 10 applies.

7.3 If we cancel for any other reason we will refund all sums you have paid within 14 days.

8. Circumstances beyond our control

8.1 Neither party is liable for a failure to perform where that failure is caused by something beyond their reasonable control, including severe weather, flood, fire, epidemic or pandemic, government restriction, act of terrorism, serious travel disruption, or the Venue becoming unavailable or unsafe.

8.2 Where such an event prevents the Performance going ahead we will first offer to move the booking to an alternative date within 12 months, subject to availability, with all sums paid transferring to the new date.

8.3 If no alternative date can be agreed the booking will be cancelled and we will refund all sums paid, less any costs we have already reasonably and unavoidably incurred.

9. What we need from you

9.1 You are responsible for making sure the Venue knows the Performer is attending, and for arranging access at the agreed time.

9.2 You confirm that the Venue is suitable for the Performance, and that you have obtained any permission required from the Venue for the Performance to take place.

9.3 We will need:

• access to the Venue for arrival and set up, normally 30 minutes before the Performance begins
• somewhere secure to leave personal belongings and equipment
• adequate lighting for the Performance
• parking at or near the Venue

9.4 Where the Venue requires security clearance, passes, site induction or advance notification of attendees, you must tell us at the time of booking and provide whatever is needed in good time.

9.5 Where the Performance takes place outdoors you must provide adequate cover against weather, and a level, dry surface. We reserve the right not to perform outdoors where conditions would make the Performance unsafe, or would damage equipment.

9.6 The Performer may refuse to perform where the Venue is unsafe or unsuitable for the Performance. Where this happens the Performance Fee remains payable in full.

9.7 If the Performance cannot start at the agreed time because of a delay at the Venue or in your running order, the Performer will be as flexible as they reasonably can, but is not obliged to perform beyond the agreed finish time.

10. Conduct and safety

10.1 The Performer will conduct themselves professionally at all times, and will comply with the reasonable health and safety requirements of the Venue.

10.2 The Performer may stop the Performance and leave the Venue where they reasonably consider that they, or anyone else, is at risk of harm, or where they are subjected to abusive, threatening or discriminatory behaviour. In those circumstances the Performance Fee remains payable in full.

10.3 Before exercising the right in clause 10.2 the Performer will, where it is safe and practical to do so, raise the problem with you or with the Venue, and give a reasonable opportunity to resolve it.

11. Insurance

11.1 Each Performer holds their own public liability insurance.

11.2 Where your Venue or your organisation requires sight of a certificate, tell us at the time of booking and we will arrange for the allocated Performer's certificate to be provided.

12. Photography and recording

12.1 The Performer may take photographs or video at the Event for their own promotional use, and for ours.

12.2 If you would prefer that no photographs or video are taken, or that none are used publicly, tell us in writing before the Event and we will respect that. There is no charge for this.

12.3 You may photograph and record the Performance for your own internal and promotional use. Any broadcast or third party commercial use requires our written agreement.

13. Our liability

13.1 Nothing in these terms limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for anything else that cannot lawfully be limited.

13.2 Subject to clause 13.1, we are not liable for loss of profit, loss of business, loss of anticipated savings, loss of contract, loss of goodwill, or any indirect or consequential loss, however it arises.

13.3 Subject to clause 13.1, our total liability in connection with the booking, whether in contract, tort including negligence, breach of statutory duty or otherwise, is limited to the Performance Fee paid by you.

13.4 We are not liable for any loss that was not reasonably foreseeable at the time the contract was formed.

14. Data protection

14.1 We will use the information you provide to arrange and deliver the Performance. We will not sell it, and we will not share it beyond what is needed to deliver the booking, which includes passing your Event and Venue details to the allocated Performer.

14.2 Our privacy and cookies policy is available at https://closeupcollective.co.uk/privacy-and-cookies.

15. General

15.1 No variation to these terms and conditions is effective unless in writing. Email qualifies as writing.

15.2 A delay or failure by either party in enforcing any right under this contract is not a waiver of that right.

15.3 If any part of these terms is found to be unenforceable, the rest continues to apply.

15.4 You may not assign or transfer this contract without our written agreement.

15.5 A person who is not a party to this contract has no right to enforce any of its terms.

15.6 These terms and conditions are governed by the laws of England and Wales, and both parties submit to the exclusive jurisdiction of the English courts.

16. Contact

See also our Privacy & Cookies Policy.