1. Payment of Fees
Full amount must be paid to secure Jestr Event INC services. If you fail to make payment on time, we reserve the right to cancel the booking. This will be treated as a cancellation by you and you will have to pay us the cancellation charges detailed below in Clause 4 headed “Cancellation”.
2. Non-availability of Performer
Jestr Events Inc enter into a contract with the performer in good faith but should the performer be unable to fulfill the engagement for reasons of illness or ‘force majeure’ (such as but without limitation war, or threat of war, riot, national mourning, fire, civil strife, industrial dispute, transport delay or adverse weather conditions or for other reasons beyond our control, you can either:
(a) Accept a replacement performer introduced by us or alternatively
(b) Ask us to refund all payments you have made to us.
Subject to Clause 9, we shall have no further liability to you.
3. Alternative Performer
If we cannot obtain the services of the chosen Jestr Events INC will offer you a replacement, and you can either accept or reject any replacement offered. If you do accept a replacement performer you must confirm this to us in writing and any booking made by us will be on these terms and conditions.
(a) If you wish to cancel your booking you must send us Notice of Cancellation in writing by facsimile transmission. Any cancellation will take effect on the day we receive your written instruction.
(b) If you fail to make payment to us in accordance with this agreement, we may regard this as a cancellation by you.
(c) If you cancel the booking after Agreeing to the Terms, you will be liable to pay Jestr Events INC a charge to compensate for any losses and expenses incurred as a result of the cancellation. The nearer the cancellation date is to the engagement date, the greater the charge will be. The sums payable are:
Time before engagement date Cancellation charge (as a % of total booking fee)
More than 45 days 50% 1 - 45 days 100%
If the agreed fee or (in the event we agree an instalment arrangement with you) any instalments of the fee are not paid in full on the due date, and if any other payments are not made when due, we can (without prejudice to any other rights we may have under this Agreement) charge interest at the rate of 3% per annum from time to time and such interest will be calculated on the outstanding balance. This interest will continue to run both before and after any Judgment we may obtain in a Court. You will also be liable for any legal costs and expenses that we incur on an indemnity basis.
All copyright and other intellectual property rights relating to the Performer's performance and any material used by the performer during the performance remain vested in Jestr Events INC.
7. Technical Facilities
Technical facilities (other than those itemized in the particulars of the engagement) must be of a professional standard, including sound, lighting, staging and where appropriate projection equipment and operators.
8. The Venue / Insurance
You will ensure that the venue for the performance has adequate heating, lighting and ventilation and complies with all health and safety, licensing and public entertainment legislation and that all necessary licenses are held or obtained. You must also provide all technical and stage accessories that may be necessary to enable the performer to carry out the performance.Client to ensure adequate access to the performance area and/or parking Space nearby for the duration of the performance at no charge. Client to be responsible for the adequate supervision of all guests and staff at the Venue and to be liable for any theft or damage to any equipment caused by the guests or staff.
9. Limitations on our Liability
Our liability to you for the non-performance or improper performance of any obligations we may have is limited to the amount you have paid Jestr Events INC for the booking.
10. Disturbance During Performance
It is accepted that you the client are responsible for the actions of the audience/delegates. In any event of a disturbance eg (but not limited to) unreasonable background noise, failure of P.A. system, continual abuse under or not under the influence of alcohol the performer is entitled to decrease their performance time. In this event the client will remain liable for the full fee.
11. Applicable Law
(a) This Agreement shall be governed by and construed in accordance with the laws of Ontario, Canada and the parties to this Agreement agree to submit to the jurisdiction of the Ontario, Canada courts.
We strive to offer the best experience possible, but we understand that services get cancelled after booking. Under certain conditions, we do offer refunds and on a situational basis:
We do not double book, 50% of the full amount is held as a non-refundable deposit to secure performers on the date.
The remaining 50% may be refunded:
- If the cancellation notification is not given no less than 45 days before the event.
- Any Expenses will be deducted from the refund.
If you require a refund, please contact us immediately and we will then determine if a refund is possible.
Policies updated August 1st 2018.