Quotes

1. Quotes submitted by The Waiter Experience are valid for 14 days from the date stated on the quote.

2. After 14 days the quote will be classed as invalid and the date made available for further bookings.

3. After 14 days the price quoted on the original quote may be invalid and a further quote may reflect either an increase or decrease of the original price stated due to the following reasons:

   1. Performer availability​

   2. Changes in travel costs

Making the booking

1. Any contract for the supply of The Waiter Experience is between you (The Client) and The Waiter Experience. In order to secure your booking, you must agree to these terms and conditions by paying your deposit (which is 25% of your total booking amount).

2. Once the deposit is paid your date is secured. Deposit is non-refundable.

3. If your event date is less than 28 days away, full payment will be due immediately.

Changes To The Booking

1. The Booking Fee may be subject to change (in agreement with both the Client’ and The Waiter Experience) if any details of the booking are altered by the Client such as the event times, event type and event venue.

2. All changes to the booking must be arranged and agreed by The Waiter Experience in advance of the event – additional charges may apply.

Payment of the booking fee

1. The agreed deposit is due within 7 days of the date shown on the booking form.

2. The deposit and final balance should be paid by bank transfer or by credit/debit card, no cash or cheques will be accepted.

3. When paying by credit / debit card a transaction fee of 1.5% plus £0.20 will be added to the deposit or final balance price.

4. Bookings will only be entered in to our diary and the date secured once the deposit has been received.

5. The Waiter Experience reserve the right to open up this date for a different client if the deposit is not made within 7 days of invoice date unless otherwise agreed.

6. All prices quoted to you are correct at the time of quotation however bookings are taken on a “first come first served” basis so there is no guarantee that the date will still be available when you come to make your booking.

7. Failure to pay any invoice from us on time will result either in the cancellation of your booking.

Cancellations & Alterations

1. Cancellation by the Client:

   1. Cancellation by the Client is not permitted for any reason except circumstances covered by Force Majeure (see clause 10.)

   2. In the event that the Client’ cancels the booking due to a Force Majeure event, the Client hereby agrees to notify The Waiter Experience immediately.

   3. The following fees shall be payable by the Client in the event of cancellation:

      1. Cancellation by the Client within 24 hours of paying the deposit will gain the client a full refund of the deposit.

      2. Cancellation by the Client after 24 hours of paying the deposit and up to 12 months before the event date will result in the loss of the deposit.

      3. Cancellation by the Client after 24 hours of paying the deposit and up to 6 months before the event date will result in loss of the deposit and 50% of the remaining balance of the Booking Fee will be payable by the Client to The Waiter Experience within 7 days of cancellation.

      4. Cancellation by the Client after 24 hours of paying the deposit and up to 2 weeks before the event date will result in loss of the deposit and 75% of the remaining balance of the Booking Fee will be payable by the Client to The Waiter Experience within 7 days of cancellation.

      5. Cancellation by the Client after 2 weeks before the event date will result in loss of the deposit and 100% of the remaining balance of the Booking Fee will be payable by the Client to The Waiter Experience within 7 days of cancellation.

2. Changes made by The Waiter Experience:

   1. In the unlikely event that The Waiter Experience cancels the booking, The Waiter Experience will inform the Client of the cancellation as soon as possible and shall make all reasonable attempts to find a suitable replacement artist of similar standard and style at no extra cost to the Client.

   2. Should a suitable replacement not be found, The Waiter Experience will refund the Client the deposit plus any other part of the Booking Fee already paid in advance.

   3. There will be no refund given to the Client against the booking deposit already paid, if a replacement artist of similar value can be arranged by The Waiter Experience and agreed by the Client, however, should a replacement artist charge a lower fee, the Client will be refunded the difference if you have made a payment above the deposit fee and the replacement artist will be due their usual fee.

   4. Should the replacement artist charge a higher fee, the Client will not be liable for any extra charge that may be incurred.

   5. Wherever possible, the Client and the replacement artist will be put in contact with each other to agree this in advance.

   6. Wherever possible, The Waiter Experience will endeavour to supply the agreed named performer(s), this cannot be guaranteed due to performer availability, this may alter:

      1. Agreed song lists

      2. Performer gender​​

Changes on the day

1. Unless otherwise agreed, the performance finish times will not exceed…

   1. Daytime events - 7.00pm

   2. Evening events - midnight

2. Where possible, changes to the booking which are unavoidable on the day of the event should first be discussed and agreed with The Waiter Experience.

3. Should this not be possible, changes must be agreed between the Client and The Waiter Experience Performers prior to the performance.

4. Any changes agreed will be subject to these Terms and Conditions.

5. Changes negotiated between the Client and the The Waiter Experience Performer(s) on the day of the event and any extra fees agreed with the Client must be paid by the Client along with the remaining balance of the Booking Fee.

6. If you request an additional set on the day and this can be accommodated by your The Waiter Experience Performer(s), Any extra time performed by The Waiter Experience Performer(s) will result in a £150 per half hour charge. This must be paid in cash by the Client on the event date.

7. In some circumstances The Waiter Experience Performer(s) will not be able to accommodate an extra set due to other commitments.

Expenses / Food & Drink / Performance Space

1. Travelling expenses will be charged per performer if the venue is more than 50 miles each way from The Waiter Experience office address.

2. A charge of £1.00 per mile will be added and indicated on the quote.

3. Milage is charged for the total miles covered, from and to the venue, for that booking.

4. Apple Maps will be used as tool to calculate the milage.

5. If the package booked is either ‘Dine & Dance’ or ‘Dine, Dance & Disco’ then a meal shall be provided by the client for each performer.

6. If the Client has agreed to cover additional expenses incurred by The Waiter Experience Performer(s) (such as taxi’s, hotel, flights etc.), The Waiter Experience will invoice the Client for such expenses within 60 days after the event and such invoice shall be accompanied by receipts for the charges incurred. The Client must reimburse all expenses to The Waiter Experience within 7 days of the date of invoice. 

7. The Waiter Experience require the following on EVERY booking:

   1. 13A Socket​

   2. Table for equipment

   3. A suitable, lockable room for changing, storing equipment and personal belongings for the duration of the booking.

   4. UNDER NO CIRCUMSTANCES IS A TOILET ACCEPTABLE FOR CHANGING 

The Waiter Experience’s service guarantee

1. We will use our reasonable endeavours to ensure that the The Waiter Experience Performer(s) delivers a performance that is to the best of his/her ability, and reflects the likeness of the ‘show’, as known to and as advertised to the Client by The Waiter Experience via it’s online platforms.

2. The Waiter Experience Performer(s) shall provide all equipment required to undertake the performance, unless the equipment has been contractually agreed to be provided by the Client or a third party. The adjustment of the volume and sound level of any equipment shall be as the Client reasonably requires.

PA equipment

1. It is agreed by the Client that the equipment provided are not available for use by other performers or persons without the specific permission of The Waiter Experience Performer(s) concerned.

2. All equipment will be PAT tested and a certificate will be presented on request.

Withdrawal of services

1. In the case of verbal and/or physical violence towards the The Waiter Experience Performer(s) or any person/person’s connected with The Waiter Experience, the Client may be asked to have this/these people removed from the venue.

2. If an agreement regarding the above cannot be resolved then the services of The Waiter Experience Performer(s) may be stopped, and the Client will be liable for the remainder of any Booking Fee due plus any other costs or expenses incurred by The Waiter Experience as a result.

3. In the case of damage being caused to any equipment (either belonging to contracted to or leased to The Waiter Experience) by the Client or any person/person’s at the event the services of The Waiter Experience may be stopped, and the Client will be liable for the remainder of any Booking Fee due.

4. The Client will also be fully liable to reimburse The Waiter Experience for any damage to equipment (either belonging to contracted to or leased to The Waiter Experience) within 7 days of the event date.

5. Repair costs will be invoiced to the Client and receipts provided.

Limitation of liability

1. In cases of Force Majeure which are not attributable to any act or failure to take preventive action by the Client, then the Client may cancel this booking without penalty other than loss of deposit.

2. We disclaim any and all liability to you for the services to the fullest extent permissible under applicable law. This does not affect your statutory rights as a consumer. If we are found liable for any loss or damage to you such liability is limited to the amount you have paid for the service. We cannot accept any liability for any loss, damage or expense, including any direct or indirect loss such as loss of profits, to you howsoever arising. This limitation of liability does not apply to personal injury or death arising as a direct result of our negligence.

3. We shall not be held liable for any failure or delay in performing the services where such failure arises as a result of any event of Force Majeure.

4. We shall not be liable for any misrepresentations other than fraudulent misrepresentations.

General

1. The Terms and Conditions together with payment instructions constitute the entire agreement between you and us. No other terms whether expressed or implied shall form part of this contract. In the event of any conflict between these Terms and Conditions and any other term or provision on our website or elsewhere, these Terms and Conditions shall prevail.

2. If any term or condition of our contract shall be deemed invalid, illegal or unenforceable, the parties hereby agree that such term or condition shall be deemed to be deleted and the remainder of these Terms and Conditions shall continue in force without such term or condition.

3. These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales. The parties hereto submit to the exclusive jurisdiction of the courts of England and Wales.

4. No delay or failure on our part to enforce our rights or remedies under these Terms and Conditions shall constitute a waiver on our part of such rights or remedies unless such waiver is confirmed in writing.

5. It is not intended that the undertakings and obligations of the parties set out in this Agreement shall be for the benefit of and capable of being enforced by any other person by virtue of the Contracts (Rights of Third Parties) Act 1999.

Definitions

1. Terms used in this document shall have the following meanings:

2. “Booking Fee” means the fee as notified to you by us for the booking;

3. “Client”, “you”, “your” or “yours” means you, the person booking our services;

4. “Confirmation” means any verbal, electronic or written acceptance of the booking by The Waiter Experience;

5. “Force Majeure” means any event which is beyond the reasonable control of either party which shall include, without limitation, acts of God, governmental actions, fire, death, illness or other capacity certified by a properly qualified medical practitioner, war or national emergency, acts of terrorism, protests, riot, civil commotion, explosion, extreme weather conditions, flood, epidemic, lock‐outs, strikes or other labour disputes or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials;

6. “Terms and Conditions” means the terms and conditions upon which the booking for performance services is made and which is set out in this document;

7. “The Waiter Experience” & “The Waiter Experience Performer(s), “us”,”our” or “we” means The Waiter Experience of 39 Hannah Road, Woodhouse, Sheffield, S13 7RU.