TERMS AND CONDITIONS OF POPPIES ART WORKSHOPS

The term “The Client” refers to the person who made the booking and signed the Booking Form. PAW refers to Poppies Art Workshops.

General Conditions:

A 40% deposit must be paid at the time of the booking and is non-refundable under any circumstances.

Fees are due in full a calendar month before the date of the wedding.

If the balance of the fee is not received a calendar month prior to the wedding PAW reserves the right not to fulfil the booking.

At all times the children are the responsibility of the parents/guardians/party organizer.

Exclusion of Liability

The Company shall not be liable for:

Economic loss which may be incurred by the client or any third party which shall include without limitation, loss of profits, reputation, goodwill, business, use of any interest, services of an employee or agent, anticipated savings, expenses rendered futile by the breech and expenses caused by the breech; or

Any other consequential or indirect loss or damage which may be incurred by the Client or any Third party; or

Any direct loss other than described elsewhere in this document.

Any claim made against the Client by any other party,

Howsoever any such loss or damage or claim was caused, even if such loss, damage or claim was, or ought reasonably, in the parties’ contemplation at the date of this Agreement as likely to occur.

Limitation of Liability

In no circumstances whatsoever will the Company’s legal liability exceed £1M.

The client agrees that it is best able to estimate the extent and nature of the insurance cover suitable for its business and property from time to time and can effect that more economic rates than the Company’s appropriate loss cover for its business and property including without limitation, cover against loss, damages, costs, claims and expenses referred to later in this document. The client therefore acknowledges that it is reasonable for the company to agree to provide the service and fix the fees therefore on the basis of exclusions and limitations of liability set out in this agreement and the client agrees that it will be reasonable for effecting such insurance cover as may be appropriate to its business and property including (but not limited to) such insurance cover as mentioned above.

Events beyond the company’s control

The company shall not be liable under this agreement wherever and to the extent to which the fulfilment of its obligations are prevented, frustrated, impeded and / or delayed as a consequence of any “ force majeure” and / or fire, explosion, flood, storm, act of God, governmental acts, orders of regulators, hostilities, civil disturbances, strikes, labour difficulties (whether of the company or of third parties), machinery breakdown, inability to obtain materials from usual sources of supply, shortage of transport facilities or delays in transit or any other circumstances whatsoever and however arising (whether or not of a class before mentioned), beyond its reasonable control. The company undertakes to use its reasonable endeavours to overcome any such difficulties, but reserves the right to cancel, suspend or vary its obligations under this agreement.

Statutory Obligations of the client

The client acknowledges that the provision of the service does not absolve the client from any of the responsibilities, duties or obligations which the client may have under any litigation relating to the premises or its business.

Law and Jurisdiction

The formation, interpretation and performance of this agreement shall be governed by English law. Each of the parties hereto submit for the benefit of the company to the non executive jurisdiction of the English courts.

Headings

The headings of the conditions of the agreement are for convenience only and shall not affect their interpretation.

Method of Payment

PAW takes all major credit cards via Paypal and Google Checkout. We also accept payment by cheque, but the name and address will need to be written on the back of the cheque along with the card number. Cheques should be made payable to Poppies Art Workshops. Please allow 7 working days for any cheque to clear prior to your order being commenced.

Order confirmation

When you place an order online you will receive a confirmation and order number.
A confirmation docket will be sent with the despatched order.

Personalised products

Please check your text carefully as we cannot be held liable for any errors. Personalised items are non-refundable and cannot be exchanged.

“Wedding Favours”

PAW will ensure that the correct number of Wedding Favours are delivered to the address on the order form in good time before the wedding. The package containing the Wedding Favours will need to be signed for at time of delivery.

We will prepare the favours strictly in line with the requirements set out on the booking form. Any changes in design or numbers will need to be confirmed, and acknowledged by PAW, in writing from the person(s) making the booking one calendar month before the wedding, PAW’s Wedding Favours should be kept out of reach from small children and PAW take no responsibility for any injury sustained.

Wedding Stationery

PAW will ensure that the package with the correct number of Wedding Stationery is delivered to the address on the order form at an agreed date before the wedding. The package containing the Wedding Stationery will need to be signed for at time of delivery.

We will prepare the stationery strictly in line with the requirements set out on the booking form. Any changes in design or numbers will need to be confirmed, and acknowledged by PAW, in writing from the person(s) making the booking at a time agreed before the wedding,

Party Bags

We will prepare Party bags for guests of all ages in line with the booking form.

PAW will ensure that the package with the correct number of Party bags is delivered to the address on the order form at an agreed date before the wedding. The package containing the Party Bags will need to be signed for at time of delivery.

We will prepare the Party Bags strictly in line with the requirements set out on the booking form. Any changes in design or numbers will need to be confirmed, and acknowledged by PAW, in writing from the person(s) making the booking at a time agreed before the wedding,

If there are any special requirements we will endeavour to cater for these (i.e. no chocolate, no sweets), but reserve the right to substitute any item to the same value if so required.

For the “Children’s Party” at the Wedding or other event The Client Agrees:

To clear a dedicated space of distractions e.g. toys, food, balloons, etc. so as to maximise the children’s involvement in the workshop. Experience has shown that distractions can disrupt the flow of very excited children.

To inform the parents/ guardians of the nature of the art workshop in advance. Aprons will be provided, but PAW can not take responsibility for marks / stains on clothes and furnishings. Wipeable tablecloths are provided, but floor cloths can cause a health and safety issue i.e tripping, slipping. Laying newspaper will be the responsibility of the party organiser.

That it is very distracting for the children if adults congregate and chat in close proximity to the PAW and would request that a separate space is made available for any adults present. Adults will be invited back at the end of the workshop to view the children’s work. Alternatively adults will be given the option to participate in the workshop in a supervisory role.

That parental supervision and participation is required and essential for children under 5 years old.* (*Please see recommendations for ages listed in Poppies parties.) Younger children’s’ attention span can wander and they may need an adult to bring them back to involvement of the art workshop. The participation of parents/carers enhances the experience for the very young and may need some help with co-ordination.

That for children over 6 years the responsibility of the tutor is to the core of children who remain engaged and he/she/they cannot stop and go after wandering children as this would disrupt the flow. Parents/adults are required to supervise the behaviour and welfare of the children and to encourage the participation of shy children.

To encourage cooperation from the children so as to make the most of the interactive time. The tutor(s) is(are) not responsible for dealing with uncooperative children as their focus needs to be on the children engaged in the workshop process.

To keep PAW informed of any changes to the theme or any additional ideas so that it can be incorporated prior to the party.

That they are fully aware that the tutor comes as a facilitator for the children and they are there to work constructively as facilitators with the children to engage them in an art workshop and have no other role.

That the tutor is only booked for the interaction time as confirmed in advance as stated on the Booking Form. Changes in the schedule need to be arranged in advance and are dependent on the availability of the named tutor.

PAW can facilitate prize based games for the client (e.g. Pass the Parcel etc.) but that would be at an agreed additional cost.

The client is aware that the emphasis of the work PAW carries out with the children is to stimulate and work with their imaginations.

That PAW will prepare materials appropriate for the age of the children named on the party booking form. In circumstances where the party involves a mix of ages PAW will seek to include all of the children on a “best endeavours” basis.

August 2007