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Ricesnaps
02-07-2006, 02:24 PM
Just wondered. If you have terms and conditions that get sent out to clients, can you legally inform then that they will be bound by these regardless as to whether they return a signed copy? Sort of saying that if you book with us you are booking on the understanding that these terms apply?

Have a disco
02-07-2006, 02:29 PM
I have this inter woven in my documentation they pull out the still lose there deposit or will have to pay more the nearer the event, stops those that cancel nearer the date

Shaun
02-07-2006, 02:38 PM
No signed copy no event.

Ricesnaps
02-07-2006, 04:03 PM
No signed copy no event.
I apreciate the comment, but is it actually OK to send a copy of the terms and conditions with a statement like "A confirmed booking implies that all of the terms and conditions listed have been understood and agreed to". So even though a signed copy is great, in the event (unlikely that it is) that this isn't returned, the terms still stand?

Solitaire Events Ltd
02-07-2006, 04:12 PM
I apreciate the comment, but is it actually OK to send a copy of the terms and conditions with a statement like "A confirmed booking implies that all of the terms and conditions listed have been understood and agreed to". So even though a signed copy is great, in the event (unlikely that it is) that this isn't returned, the terms still stand?

I don't understand the reasoning behind this Rice?

Surely if the contract didn't come back signed, you would chase it up?

Corabar Entertainment
02-07-2006, 04:19 PM
Sorry, I too am a little confused as to the situation - how have they confirmed the booking if they haven't sent back the signed contract?

Ricesnaps
02-07-2006, 04:24 PM
This is completely hypothetical, just curious and maybe seeing if I can make some positive changes to my paperwork.

I currently send back a booking form and a seperate terms and conditions for signing. There have been a number of occations where I have had the booking form back and not the terms and conditions. Sure I have always chased and got them, but just interested. Maybe I could add my above statement to my booking form to save me the bother of chasing. All I wanted to know was if that was legal.

No mystery at all guys!

A1DL
02-07-2006, 04:28 PM
We have our Terms and Conditions printed on the reverse of the letterhead used to print Booking Agreements on. These T&Cs refer to overleaf, thus provided a hard copy is returned (i.e. by post) then the promoter has signed up to the T&Cs

Where paperwork is returned by fax, a separate T&Cs is signed and returned.

Simple !

Danno13
02-07-2006, 04:29 PM
A line like

"I confirm that i have read the t&c's (attached seperatley), understand, and fully agree to them"

added to the main booking form should do the trick. Thats usually how banks/credit cards do it.

But personally, i have the t&cs on the booking form anyway before the signature section.

Corabar Entertainment
02-07-2006, 04:48 PM
Yes, if the T&Cs are separate, just make reference to them in the booking form as Danno says. Even if it's on the reverse, still a good idea to mention them at the point of signature. If you really want to go to town, something along the lines of.....

"Along with the information contained in this Booking Form, the terms and conditions overleaf/under separate cover form part of the contract between (the customer) and (the Disco) and by signing below the (customer) confirms that he/she/they have read and understood those terms and conditions and acknowledges that they are entering into a legally binding contract with (the disco)"

Solitaire Events Ltd
02-07-2006, 05:07 PM
We have our Terms and Conditions printed on the reverse of the letterhead used to print Booking Agreements on. These T&Cs refer to overleaf, thus provided a hard copy is returned (i.e. by post) then the promoter has signed up to the T&Cs

Where paperwork is returned by fax, a separate T&Cs is signed and returned.

Simple !

Exactly the same as me. :)

soundtracker
02-07-2006, 06:27 PM
& me (surprise!) :teeth:

Corabar Entertainment
02-07-2006, 06:50 PM
Same here!

Shaun
02-07-2006, 07:58 PM
But personally, i have the t&cs on the booking form anyway before the signature section.


This is the way I do it too.

Have a disco
02-07-2006, 09:12 PM
All my bookings are covered by verbal and written agreement no need to get T & C sheet signed as all is on the 1 sheet of paperl

IE

3. Please Note that whilst you are requested to sign and return this contract, failure to do so is not sufficient to cancel this contract or to disregard any of the terms and conditions contained within this contract. Therefore unless a written objection is received by this office within pm seven days from the date of issue the contract is assumed to be confirmed.

4. In the event of cancellation of this contract by the management/engager/venue a cancellation fee will be due as follows:-
(a) Between 60 - 90 days notice until performance date, 25% of total salary
(b) Between 45 - 59 days notice until performance date, 50% of total salary
(c) Between 30 - 44 days notice until performance date, 75% of total salary
(d) Less than 29 days notice until the performance date, Full Salary


fully binding and legally puts them over a barrel

Corabar Entertainment
02-07-2006, 09:43 PM
Whilst it was once true that verbal contracts were as enforceable as written ones, things have changed somewhat from that and the law is more complex now.

That aside, if you only have a 'verbal' contract, in the event of a contract dispute you would have no evidence whatsoever that they agreed to it and unless you have 3rd party evidence to corroborate your claim (eg do you send the booking Form & T&C by recorded delivery so that they sign for them?) it is unlikely that it would be enforceable by law.

ian8limelight
02-07-2006, 09:50 PM
We have our Terms and Conditions printed on the reverse of the letterhead used to print Booking Agreements on. These T&Cs refer to overleaf, thus provided a hard copy is returned (i.e. by post) then the promoter has signed up to the T&Cs

Where paperwork is returned by fax, a separate T&Cs is signed and returned.

Simple !


Fully agree - this exactly what we do as well (and it saves paper !!)