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Terms and Conditions

Last reviewed on 12/11/2022

In these conditions the Company means Smart Party Entertainment (ABN 15 881 785 301) and its affiliates and the Client (or "you") means the party purchasing the Goods or Services from the Company under the Proposal to which these conditions accompany, or wishing to enter this agreement in order to purchase Goods or Services from time to time.

 

Shows, Parties and Decorations
Bookings and Deposits for Shows, Parties and Decoration

An advance payment of 50% is required within 5 business days after issue of an invoice to secure the event and delivery date.

If the Client's expected party numbers are significantly higher than those included within the ordered programme / package (eg: 25 children, when the programme/package covers 20 children), we may also ask for an additional deposit 2 weeks before the show/party date, to bring Client's total payment up to 50% of the estimated total party service cost. In some instances we may vary the payment terms with such variations to be confirmed in writing.

 

Final Numbers and Balance Payment

The Client will need to advise via email on the final numbers for the party and any changes including advising on the disabilities and allergies at least 2 business days prior to the event or delivery. The balance payment must be done 2 business days prior to the event or delivery and, in case of bank transfer, the confirmation of the payment must be provided to the Company via email (see invoice for the details).

 

Changes by the Client. Cancellations

We understand very well that sometimes the Client's circumstances do change and we are doing our best to accommodate changes when the Client requests them.

We will need a notification in advance to adjust our plans and the following notice periods are applied:

  • Cancellation of the event with full refund - 10 business days prior to the event.

  • Cancellation of the event with partial refund (full refund can’t be applied due to the expenditures already made by the Company) - 5 business days prior to the event.

  • Change of the event date, time or type (subject to availability on the requested date and time) - 5 business days prior to the event.

 

Other changes or cancellations will be reviewed on the case by case basis.

 

Changes by the Company

The Company undertakes reasonable efforts to avoid changes. At the same time the changes may be required due to safety considerations, breakage of the equipment or similar circumstances.

 

In such case, the Company will advise about the change at the earliest and will either offer a refund or a change of the date, time or programme type.

 

Adjustment of the Programme based on the Audience, Venue and Weather Conditions

The event programmes will be adjusted by the Company based on the information available about the Audience, Venue and Weather Conditions both upfront and on-site.

 

We will endeavour to deliver the best possible programme and the experiments or tricks the Client have requested. At the same time, we may be constrained by the weather conditions, specifics of the Client's venue and the audience. Such changes are normal, fall within the same programme type and price.

 

Supervision and Safety during the Shows / Parties involving children audience

For the events involving children, the Company requires the client to provide at least two responsible adults to be present throughout the duration of the party. They will remain liable for the safety of all guests throughout the event.

 

The Client must provide the following information to the company at least 2 business days in advance to the event if the programme should be adjusted:

  • Advising about any allergies (including food allergies) and disabilities of the guests upfront to adjust the programme accordingly

  • The details about venue - inside / outside, address, the parameters of the room (for events carried out inside) including the flooring type, size/dimensions, amenities, flammable materials, confirm access to the electricity and hot water, limitations and other relevant information

  • The experiments limitations (soap bubbles, loud sounds, experiments involving fire, experiments involving cold materials, practical experiments, etc)

  • Limitations on the photo / video recordings by the Company

 

The Company requires the Client to communicate the following rules to the supervising adults and each of the guests for the shows and parties:

  • Event-specific rules and instructions will be provided by the entertainer prior to the event. General rules are to be communicated to the invited audience by the Client.

  • All instructions, event-specific and general rules (as listed in these Terms and Conditions) are mandatory to follow to ensure a joyful and safe experience. Disobedience will lead to termination of the show/party without any refunds or changes available.

  • Unless otherwise is explicitly confirmed by the entertainer, consumption of any food or drinks is not permitted for the participants of the party/show during the party/show.

  • Unless otherwise is explicitly confirmed by the entertainer, consumption of any materials or substances provided during the party/show is not permitted.

  • Running or playing around the show equipment is not permitted.

  • Walking or standing up is not permitted unless otherwise is requested by the entertainer.

  • Unless otherwise is explicitly confirmed by the entertainer, touching any equipment or materials available or provided during the show / party is not permitted.

  • Should any of the guests touch any of the substances used in the shows, they must immediately wash the substances off with the running water.

  • Should any of the guests exhibit any COVID symptoms, they must not attend the event.

The Company, its employees and affiliated individuals assume no responsibility or liability for accidents and damages. The assigned party entertainer / presenter will provide the Client with the most professional of services and will work with the Client to ensure all guests and venue are treated in the best possible way. In the event of accidents, damage or loss, the financial responsibility lies entirely on the client. In the case of liability and/or financial remuneration due to the aforementioned, the responsibility lies strictly with the Client.

 

Damages to the Company Equipment

In case of damage of the Company equipment by the Client or the Client's guests, the Company may request reimbursement of the cost of the equipment.

 

Taking Photos and Videos

The Company encourages the audience and the Client taking the photos and making the videos during the shows for personal usage. Should the Client or anyone in the audience plan usage of the photos or videos in media, commercially and in any other way not covered by the "personal usage", they must obtain our permission in writing.

Unless the Client explicitly requests not to take the photos or make video clips, the Company reserves corresponding rights and may use the photos or video clips for the training and advertising purposes including publishing on the Website, Social Media and other resources.

 

Should you change your mind, you are able to request removal of any of the photo or video materials from the publicly available resources under our control. We will endeavour to remove the materials in 3 business days after getting your request in writing via email.

 

Terms and Conditions of the Website Usage

The content of this website is for your general information and use only. It is subject to change without notice. The details of any of the services or products to be delivered by the Company are clarified at the moment when the financial transaction is being made at the invoices and other documentation supporting the transaction.

 

Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. The Client acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

 

Your use of any information or materials on this website is entirely at your own risk, for which the Company shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

 

This website contains material which is owned by or licensed to the Company. This material includes, but is not limited to, the design, layout, look, appearance and graphics.  Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.

 

All trademarks reproduced in this website, which are not the property of, or licensed to the Company, are acknowledged on the website.

 

Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.

 

This website may also include links to third party websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).

 

Your use of this website and any dispute arising out of such use of the website is subject to the Australian laws.

 

We may collect your information when you use the website.

 

We require this information to understand your needs, respond to your enquiries and provide you with a better service, and in particular for the following reasons:

  • Internal record keeping.

  • We may use the information to improve our products and services.

  • Maintaining a user session, which is further explained below.

 

To enhance your experience on our sites, many of our web pages use "cookies". Cookies are small text files that we place in your computer's browser to store your preferences. Cookies, by themselves, do not tell us your email address or other personal information unless you choose to provide this information to us by, for example, registering your interest in a service or submitting the enquiry form. Once you choose to provide a web page with personal information, this information may be linked to the data stored in the cookie. A cookie is like an identification card. It is unique to your computer and can only be read by the server that gave it to you.

 

We use cookies to understand site usage and to improve the content and offerings on our sites. For example, we may use cookies to personalise your experience on our web pages (e.g. to recognise you by name when you return to our site).

 

Cookies save you time as they help us to remember who you are. Cookies help us to be more efficient. We can learn about what content is important to you and what is not. We can revise or remove web pages that are not of interest and focus our energies on content you want.

 

If you want to control which cookies you accept. You can configure your browser to accept all cookies or to alert you every time a cookie is offered by a website's server. Most browsers automatically accept cookies. You can set your browser option so that you will not receive cookies and you can also delete existing cookies from your browser. You may find that some parts of the site will not function properly if you have refused cookies.

 

Please be aware that if you do not configure your browser you will accept cookies provided by this website. You can configure your browser to accept all cookies or to alert you every time a cookie is offered by a website's server.

 

Intellectual Property, Third Party Patents and Trademarks

The Company fully respects the registered trademarks and it is never our  intention to violate any copyright laws. Any costumes the Company uses are not affiliated, licensed or associated with any corporation or trademark.

 

The programmes of the shows, parties and the details of the experiments remain the intellectual property of the Company and are protected accordingly.

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