The Bubble Lady
Terms and Conditions


Any booking with The Bubble Lady is subject to the following non-negotiable Terms and Conditions. If you do not understand any part of these Terms and Conditions, please call The Bubble Lady or seek legal advice before agreeing to them and confirming a booking.

Definitions

  • The Bubble Lady: The booking agent
  • Client: The proposed entertainment booker
  • Entertainer: The proposed entertainer
  • Contract: ‘The Bubble Lady Booking Confirmation‘ document
  • Entertainment Booking Document: Details of proposed booking for the Entertainer
  • The Deposit: The amount payable to secure the booking.
  • The Balance: The remaining amount payable after the deposit has been paid.

Introduction

1.1  Upon confirmation of a booking between the Client and The Bubble Lady, whether verified verbally, electronically or in writing, The Bubble Lady will issue the Client with ‘The Bubble Lady Booking Confirmation’ document. This is a legally binding Contract, subject to the Terms and Conditions of booking.

1.2  This Contract is negotiated by The Bubble Lady and is made between The Bubble Lady and the Client. The Entertainer is not a party to this Contract and therefore shall not be held responsible for a breach of this Contract however caused.

1.3  Completion of the Contract will take place after the entertainment has been provided and on receipt of full payment for the entertainment.

Bookings

2.1  All bookings are confirmed by the Client, The Bubble Lady and the Entertainer, whether this is done verbally, electronically or in writing. The booking is then confirmed with the Contract, upon agreement to the Bubble Lady’s Terms and Conditions of Booking.

2.2  The Contract will be issued to the Client. The Bubble Lady will store the Contract (available upon request) until after the Contract completion date.

2.3  The Booking Document will be issued to the Entertainer with full details of the proposed entertainment.

2.4  The Contract may be modified/changed upon agreement from both parties, in advance of the event date. All changes must be notified to The Bubble Lady by email or in writing and The Bubble Lady will re-issue the Contract. In this circumstance the new Contract will void the previous.

2.5  The agreed total cost and deposit amount owed may change with any alterations agreed by both the Client and The Bubble Lady.

2.6  The Bubble Lady will act as negotiator until the date of the event and completion of the Contract.

Payment of Booking Fees

3.1  The Invoice will be emailed to the Client.

3.2  The Booking fee is split into 2 payments: the Deposit and the Balance.

3.3  The Deposit payment is due within 10 working days of the issue of the Contract to the Client. This is to be paid to The Bubble Lady bank account by bank transfer (BACS) via Debit Card.

3.4  The Balance payment is due on the day of the entertainment and must show in The Bubble Lady’s bank account within 2 days of the entertainment. It is to be paid to The Bubble Lady bank account by bank transfer (BACS) via Debit Card.

Late Payment or Failure to pay the balance

4.1  The Client must pay the Balance within the specified time, within 2 days of the entertainment.

4.2  If full payment of the Balance is not made to The Bubble Lady bank account within 14 days of the due date, the debt may be passed to a Debt Recovery Firm by The Bubble Lady, which will result in additional costs.

Cancellation fees

5.1  In the event of cancellation of the booking by The Client the Deposit, which is non-refundable, will be retained by The Bubble Lady.

5.2  If the Client terminates the contract for any reason less than 48 hours prior to the booking after confirmation (unless the booking is made within 7 days of event) the full fee is due to The Bubble Lady within 2 days of the booked entertainment.

Cancellation

6.1  The Entertainer is not permitted to cancel the booking with the Client for any reason. The Entertainer must inform The Bubble Lady at least 24 hours before the booking if they are unable to attend the booking.

6.2  In the event of The Entertainer cancelling, The Bubble Lady would make every effort to find suitable replacement entertainment at a similar cost and with the agreement of the Client. If this is successful and the Client agrees to the replacement entertainment, The Bubble Lady would transfer the Deposit already paid to this new booking and the remaining Balance due would be to the value of the replacement entertainment minus the Deposit already paid.

Complaints

7.1  In the circumstance of either party wishing to make a complaint, it should be made within 30 days to thebubblelady@outlook.com. The Bubble Lady will liaise with both parties with the intention of reaching a resolution. Should this be unsuccessful, or the matter cannot be resolved, both parties should each seek their own legal advice.

7.2  The Bubble Lady is not responsible for any failure of the Client or the Entertainer.

7.3  Upon receipt of full payment by the Client to The Bubble Lady, the fully inclusive Entertainer’s fee, specified in the Booking Document, will be paid to the Entertainer by The Bubble Lady by bank transfer (BACS) within 2 days of the entertainment. In the event of a complaint about the Entertainer’s entertainment, payment to the Entertainer will be withheld until any agreed refund has been made to the Client. Any refund made will be deducted from the Entertainer’s payment.

Responsibilities of the Client

The Client must ensure the following Clauses are investigated and confirmed with any relevant information passed to The Bubble Lady, prior to confirming the booking. Any costs incurred are to be paid by the Client. Any alterations to these responsibilities are to be agreed in advance in writing.

8.1  The location for the entertainment (Venue) can supply a safe power supply.

8.2  The Venue can and will provide a safe, dry, level and draught free performance area. Windows must be closed, and air conditioning turned off during the entertainment, to prevent draughts which would affect the bubbles.

8.3  The Venue holds any relevant licences required for live performance.

8.4  The Venue complies with all relevant Health and Safety guidance and legislation and does not put the Entertainer, their set or equipment at any risk of harm.

8.5  The Venue does not have any inhibiting noise limiters. If the venue has a limiter, please find out the decibel (dB) level at which it is set and contact The Bubble Lady for more information.  

8.6  Free Parking should be available to the Entertainer and all vehicles associated with the Entertainer. If no free parking is generally available, the Client is liable for the costs of parking. Receipts are to be presented to the Client on the day of the entertainment by the Entertainer, with the amount payable to the Entertainer on that day.

8.7  The Client must only negotiate any further bookings of the Entertainer with The Bubble Lady and they are precluded from booking directly with the Entertainer.

Responsibilities of the Entertainer

9.1  The Entertainer will endeavour to perform to their highest quality and best ability, in the same manner as is represented by The Bubble Lady in The Bubble Lady’s promotional material.

9.2  The Entertainer must provide all relevant equipment, as supplied by The Bubble Lady, required to perform their act to the highest standard.

9.3  The Entertainer must only entertain within the hours specified on the Entertainment Booking Document, in order to be covered by The Bubble Lady’s Public Liability Insurance.

9.4  The Entertainer shall not drink alcohol excessively (prior, during or post performance).

9.5  The Entertainer shall not use illegal drugs at the event venue, or at all on the day of the event.

9.6  The Entertainer shall dress suitably for the occasion, in agreement with the Client's requests.

9.7  The Entertainer will always remain courteous and polite to the Client, the Venue and The Bubble Lady throughout the entire booking process, not harming or damaging any reputation between the parties.

9.8  The Entertainer is not employed by The Bubble Lady and is therefore fully responsible for their own accounting and legal contributions.

9.9  The Entertainer must only display or hand out The Bubble Lady promotional material at the contracted event, also referring all future bookings, inquiries or clients to The Bubble Lady.

9.10  The Bubble Lady reserves the right to cancel the Entertainer’s booking at any time if the Entertainer breaches any term of this Contract or for any other reason of extreme circumstance. The Bubble Lady will arrange for an alternative Entertainer for the booking in all such circumstances.

Expenses

10.1  Receipts for parking are to be presented to the Client by the Entertainer on the day of the entertainment with the amount payable on the day.

The Bubble Lady Equipment

11.1  The equipment supplied by The Bubble Lady, for use by the Entertainer, is not available for use by any other person, guest or performer under any circumstance, unless agreed and supervised by the Entertainer.

Changes to the Agreed Performance Schedule

12.1  Any changes to the performance schedule should be discussed and agreed with The Bubble Lady prior to the entertainment.

12.2  If agreed changes incur a later finish time an adequate fee should be agreed between the Client and The Bubble Lady. This fee would be due and paid to The Bubble Lady within 2 days of the entertainment. Any changes are still subject to these Terms and Conditions.

12.3  If the event schedule over-runs due to no fault of the Entertainer, the Entertainer holds the right to finish at the agreed set finishing time and will still be due the full payment.

12.4  If the Client requests the Entertainer to entertain longer than specified in the performance schedule on the event date, this request must be made to The Bubble Lady prior to the event. The Bubble Lady has the right to agree a further fee for this, payable 2 days after the event and holds the right to refuse this request, without penalty.  

Photography and Videography


13.1  Any photographs or videos of children taken at events will only be used in future promotional material for The Bubble Lady after The Bubble Lady has received written consent from the children’s parent/guardian. Photographs or videos of adults will only be used with their written consent.

Force Majeure

14.1  Force Majeure occurs where either party is unable to comply to the contractual obligations set out in these Terms and Conditions due to a reason out of their control. This could be an act of nature (earthquake, fire, flood, hurricane, storm or any other natural disaster), accident, war, terrorism, epidemic, national calamity, civil commotion, closure of borders, order of Government or Local Authority having jurisdiction in the matter, changes in law or government policy.

14.2  In the event of Force Majeure the affected party shall have to prove it, providing evidence that they took out any possible action to prevent the circumstance from happening, should any have been possible.

14.3  In a proven case of Force Majeure occurring for a specified period, The Bubble Lady will endeavour to reschedule the performance where possible and the Deposit and Balance payments may be transferred to the new scheduled date where this occurs. Where this is not possible, the Deposit will be retained by The Bubble Lady.

14.4  In any event of Force Majeure The Bubble Lady will not be liable for any losses incurred by the Client, the Entertainer or any associated third parties.

Jurisdiction

15.1  The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of this Agreement.

Terms and Conditions

16.1  If you do not understand any part of these Terms and Conditions, please consult The Bubble Lady, or seek legal advice.


The Bubble Lady
Privacy Policy

www.thebubblelady.co.uk (referred to as 'Website') is operated by the Bubble Lady (referred to as ‘The Bubble Lady/we/us/our’). As user of the Website (referred to as ‘you/your’), we act as the controller of your personal data. This Privacy Policy sets out how your personal information is collected, used and protected when you visit the Website. We will only use the information we collect about you in accordance with the General Data Protection Regulation (GDPR).

You can contact us at thebubblelady@outlook.com. 

The Bubble Lady is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this Website, then you can be assured that it will only be used in accordance with this Privacy Policy.

The Bubble Lady may change this policy from time to time by updating this page. You should check this page when placing an Order to ensure that you are happy with any changes. This policy is updated and effective from 06/04/2020.

Personal Data

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

Personal Data we collect

  • Contact information including your full name, email address and phone number
  • Booking information including the proposed venue address

We will store this information securely and it is only used for taking bookings for events, or for us to contact you by email, text or phone.

The Website is designed for use by people aged 18 years or over and we do not knowingly collect any personal data from anyone under 18 years old. 

Photographs taken at your event

Photographs and videos (available on request) will be stored securely by The Bubble Lady for one year, before being deleted. These are stored electronically, not in paper form. Written consent from persons in photographs and videos, or from parents/guardians of children in photographs and videos, will alwaysbe obtained by The Bubble Lady before these are published online. All photographs and videos, online and in storage, will be deleted at any time upon request to The Bubble Lady from the person photographed or parent/guardian of children photographed.  

Cookies

Like most websites we use Google Analytics to help us to analyse the use of our website by means of cookies. Cookies are small text files with simple, anonymous information in them, sent to your web browser by a web server. They help website owners measure how visitors interact with website content and cannot harm your computer in any way. A cookie in no way gives us access to your computer or any personal information about you, other than the data you choose to share with us.

You can choose to accept or decline cookies. By using our Website you consent to our use of cookies, but you can usually modify your browser setting to decline cookies if you prefer. For more information about cookies and how to disable cookies, visit http://www.allaboutcookies.org

How and why we use your Personal Information

GDPR requires all businesses to have a lawful basis to process personal data about a customer/prospective customer.

This is the meaning of each legal basis which applies:  

Contract  Using your data is necessary because we are taking steps at your request before you enter into a contract for an exchange of goods.

Legitimate interests  Using your data is necessary for the legitimate interests of us or someone else. We can only use your information if the legitimate interest is not outweighed by your rights and interests. The ‘Soft opt-in’ exemption means we may email or text you after we have provided our services to you, without affirmative consent, so long as we only contact you about our own similar products or services and do not send you marketing emails or texts.  

Legal obligations  Processing your data is necessary for compliance with a legal obligation to which we are subject.        

Here are the reasons why we process your personal data: 

Processing data is necessary to answer an inquiry, to offer a quote or to confirm a booking for an event or for photography. We may contact you by email, text or phone to do this. 
Legal basis Contract

Our legitimate interests are providing and improving The Bubble Lady’s service to customers. After we have provided our services to you, we may contact you about photography and we may email you in the future if you have inquired about a prospective future booking. 
Legal basis Legitimate interests (‘Soft opt-in’)

Holding your invoices is necessary as we are legally required to keep accounts for HMRC for up to 6 years. 
Legal basis Legal obligations

Where we store your data

When you give us personal data we take steps to ensure it is treated securely and it is only used for booking entertainment and photography or for us to contact you. You may ask us to delete this information at any time. We will not sell, distribute or lease your personal information to any other organisation unless we have your permission or are required by law to do so.

Your Personal Information is recorded and stored electronically, not on paper records, and is only shared with third parties where this is necessary to complete a booking placed through the Website, including processing your payment information.

We are the controller of your information and we use yola.com to host our website https://www.yola.com/privacy-policy

Your rights under GDPR

We will comply with data protection law. This says that the personal information we hold about you must be:

  1. Used lawfully, fairly and in a transparent way.
  2. Collected only for valid purposes that we have clearly explained to you and not used in any way that is incompatible with those purposes.
  3. Adequate, relevant, and limited to what is necessary in relation to the purposes for which they are processed.
  4. Accurate and kept up to date.
  5. Kept in a form that identifies you for only as long as necessary for the purposes we have told you about.
  6. Kept securely.

Under GDPR there are 8 fundamental rights, which affect how we can collect, store and use data:

  • the right to be informed. We must be completely transparent about how your personal data is being used.
  • the right of access. You have the right to know exactly what information is held about you and how it is processed.
  • the right to rectification. You will be entitled to have personal data rectified if it is inaccurate or incomplete.
  • the right to erasure of your personal data, also known as ‘the right to be forgotten’. You have the right to have your personal data deleted or removed without the need for a specific reason why you wish to discontinue.
  • the right to restrict processing. You have the right to block or suppress processing of your personal data.
  • the right to data portability. You may retain and reuse your personal data for your own purpose.
  • the right to object to processing of your personal data.
  • the rights in relation to automated decision making and profiling. This is to protect you against the risk that a potentially damaging decision is made without human intervention. For example you can choose not to be the subject of a decision where the consequence has a legal bearing on you or is based on automated processing.

You can use your rights under GDPR to request details of personal information which we hold about you. A small fee will be payable. If you would like a copy of the information held on you please contact us at thebubblelady@outlook.com.

We hope you are happy about how we use your personal data. If you are not, please contact us at thebubblelady@outlook.com.

If you believe that any information we are holding on you is incorrect or incomplete, please email us at thebubblelady@outlook.com as soon as possible. We will promptly correct any information found to be incorrect.

You can complain about how we use your personal data at any time to the Information Commissioner’s Office: https://ico.org.uk/concerns/