Gerard Kearney Entertainment – Terms and Conditions
Engagement
Engagement Terms
1. Your agreement with Gerard Kearney Entertainment (“GKE”) is as set out in the online booking form completed by you together with these terms and conditions, under which GKE will provide the agreed services to you. Please read these terms and conditions carefully.
2. This agreement will become binding on you and GKE on completion by you of the online booking form, your acceptance of these terms and conditions and acknowledgement by GKE that you have paid the required booking deposit.
3. GKE will provide the agreed services to you on the scheduled performance date in a responsible and professional manner at all times, with due consideration to any venue rules and regulations in respect of which notification is provided.
4. The agreed balance of the performance fee (ie after payment of the deposit) must be paid in full by you on or before the scheduled performance date. If payment of the balance of the performance fee is made on the performance date, such payment is to be made before 5.00 p.m. on the performance date, and is payable by bank draft or cash.
5. If you fail to make full payment of the balance of the performance fee by 5.00 p.m. on the performance date, GKE shall be entitled to recover the balance of the agreed performance fee as a liquidated contract debt, together with interest on the overdue amount at the rate of 10% per annum.
Cancellation
6. On completion of the agreement as per 2 above, GKE will reserve the time and date of your booking, and will consequently be unable to accept alternative bookings for the performance date scheduled. Consequently, in the event of a cancellation by you, the following conditions will apply:
a. The deposit paid is non-refundable, unless this agreement is cancelled within 14 days, or a re-scheduled performance date can be agreed (in respect of which GKE reserves full discretion);
b. If cancellation is made less than 30 days prior to the performance date, the full amount of the performance fee will be payable.
7. Cancellations can only be accepted where notified by e-mail (sent to the following address: info@corkmagician.ie), setting out your full name(s), performance venue and date of the performance to be cancelled. Cancellations by telephone or any other means of communication cannot be accepted.
8. This agreement is subject to a 14 day cooling off period; you have the right to cancel this agreement within 14 days of acceptance, by providing notification by e-mail to the address noted at 7 above.
Events outside our control
9. GKE will not be liable or responsible for any failure to perform, or delay in the scheduled performance, where such failure or delay is caused by a reason outside the control of GKE to include, without limitation, strikes, third party industrial action, civil commotion, riot, invasion, terrorist attack, war, fire, explosion, epidemic, storm, flood (or other natural disaster), failure of public or private telecommunications networks or any issue adversely affecting the venue, to include any orders made in respect of the venue under the relevant licensing legislation. If such an event prevents the performance by GKE taking place, you will be contacted as soon as is reasonably possible, the respective obligations under this agreement will be released and a full refund will be provided to you within 14 days (save where the event or circumstance preventing the performance from taking place is caused directly by you). If GKE is notified of such an event within 48 hours of the performance date, you will be responsible for any reasonable expenses incurred by GKE.
10. In the highly unlikely event that GKE is unable to perform on the performance date for any reason including, but not limited to, illness, infirmity or serious emergency, you will be notified immediately, the respective obligations under this agreement will be released and you will be entitled to a full refund of any sums paid within 14 days. If GKE is not able to perform, GKE will be under no obligation to source or nominate an alternative act, and no compensation will be payable.
Intellectual Property
11. By agreeing to these terms and conditions, you acknowledge that all copyright and other intellectual property rights arising in relation to the conduct and presentation of the performance by GKE shall vest in GKE. Nothing in the agreement shall be construed as conferring any licence or granting any intellectual property rights to you. You are not permitted to use the name “Gerard Kearney Entertainment”, “Cork Magician”, “Gerard Kearney the Magician” or any other similar business name or trademark. It is important for GKE to display photographs and /or videos of performances by GKE online inter alia on the GKE website and social media platforms, for promotional purposes only. Doing so may necessarily include images of you and/or your guests and/or other third parties; by agreeing to these terms and conditions you are deemed to consent to such reasonable disclosure. Any requests made by you in this regard will always be taken into consideration.
Miscellaneous
12. You hereby agree to indemnify GKE against any third party claims in relation to the scheduled performance on the performance date, howsoever arising.
13. GKE reserves the right to vary these terms and conditions from time to time, on notice to you.
14. Your agreement with GKE is governed by the laws of Ireland.
