Terms and Conditions

TERMS OF BOOKING -

NOTE: Additional terms for the booking of courses, classes and workshops are also listed below. These apply to booking or attending any event or course and include free online classes, courses or workshops or paid for services.

All terms and conditions apply please read them carefully.

ANY PARTICULAR DETAILS OR TERMS OF THE BOOKING ARE TO BE OUTLINED AND NOTED IN CONTRACT, THESE PARTICULARS ARE SUBJECT TO THE SAME STANDARD TERMS AND CONDITIONS OUTLINED BELOW:

These particulars and all bookings are subject to the terms and conditions outlined below:

DEFINITIONS

PuppetSoup, PuppetSoup’s, PuppetSoup Ltd, Puppetsoup, Puppet Soup, Puppetsoup limited:

shall refer to PuppetSoup Limited of 1 Horsingtons Yard, Abergavenny NP7 5PN.

The Client:

Refers to the educational establishment, person, firm, company or other body with whom or with which PuppetSoup Contracts subject to these conditions

Contract:

Refers to the Contract made or to be made between PuppetSoup and the Client subject to these conditions

Presentation:

Shall mean any performance, show, workshop or other services to be supplied by PuppetSoup to the Client under Contract

Attendee:

“Attendee” or “Participant” shall mean person(s) attending or participating in any course, class, workshop or event whether online or face to face, for which monies have been exchanged or not been exchanged and could include but is not limited to (i) a learner, a workshop participant, a class participant, an audience member, a seminar or webinar participant, a presenter, a speaker, a trainer, or a student, (ii) the guests of any of the persons listed previously.

Terms and conditions:

CONDITIONS OF SERVICE APPLY
PuppetSoup's Conditions of Service shall apply to and govern any Contract between PuppetSoup and the Client to the exclusion of any condition contained on or in any order form letter, receipt acknowledgement, or other document emanating from the Client and no variation of these Terms and Conditions shall be effective unless expressly agreed by PuppetSoup in writing.
PuppetSoup's agents are not authorised to make any representations concerning the Presentations unless confirmed by PuppetSoup in writing. In entering into the Contract the Client acknowledges that it does not rely on any such representations which are not so confirmed.
DESCRIPTION
It shall be the responsibility of the Client to immediately give PuppetSoup information required to proceed with the Contract and to ensure that the Presentation is sufficient and suitable for the purpose or purposes intended.
PuppetSoup reserves the right to make without notice to the Client any improvement or alterations to the Presentation which it thinks reasonable or desirable and such improvements or alterations shall not affect the validity of the Contract.
PuppetSoup will provide the Presentation as agreed in the Terms of the Booking and will not allow extra presentations or classes over the original number booked unless by prior written arrangement with PuppetSoup.
PuppetSoup will provide Presentation as agreed in the Terms of the Booking Form and will not allow extra students or audience members over the maximum number per session or show unless by prior written arrangement with PuppetSoup.
PRICE AND PAYMENT
Any quotation or estimate provided by PuppetSoup, whether written or oral, shall be deemed to be an invitation to treat and not an offer. The placing of any order, whether written or oral shall constitute an offer by the Client and no acceptance shall be binding upon PuppetSoup and no Contract shall come into existence unless and until PuppetSoup shall have accepted the Client's offer in writing by dispatching an acknowledgement of order to the Client.
The price payable will be inclusive of VAT.
Payment of all sums due to PuppetSoup shall be made in full within 30 days of final Presentation date on the invoice which shall be rendered to the Client ("the Due Date") unless shorter payment terms have been agreed such as paying for a Course at the point of booking.
In default of payment being made by the Due Date PuppetSoup may:- charge interest at the rate of 8% per annum above the base rate printed from time to time by Barclays Bank Plc on any overdue amount from the day following the Due Date until the date of receipt of cleared funds.
As part of our efforts to ensure that we impact the environment as little as possible we only sign contracts electronically and do not print emails. Please do not ask for anything other than our logo or electronic signatures when communicating at a distance.
NON-PERFORMANCE AND CANCELLATION PROVISIONS - Note additional terms for Course bookings.
In the event that the Client cancels or postpones the Presentation, for any reason, there shall be no charge provided that the cancellation or postponement takes place at least 8 working weeks before the planned date of Presentation. Within the 8 week period, the following charges shall apply:
If the cancellation or postponement takes place less than 8 weeks, but more than 4 weeks before the planned date of Presentation the Client shall be liable to pay 10% of the full service fee;
If the cancellation or postponement takes place less than 4 weeks, but more than 1 week before the planned date of Presentation the Client shall be liable to pay 90% of the full service fee;

iii. If the cancellation or postponement takes place 1 week or less before the planned date of Presentation or once the service has been performed or initiated, the Client shall be liable to pay 100% of the full service fee plus any unrecoverable expenses.

1. In the event that the Client cancels or postpones the Presentation, PuppetSoup may elect to waive any of the above cancellation provisions if an alternative date can be made for the Presentation, entirely at the discretion of PuppetSoup and PuppetSoup are not bound or due to make this offer.
2. PuppetSoup will aim to reschedule a Presentation if PuppetSoup is forced to cancel or postpone the Presentation for any reasons.
3. PuppetSoup will never be liable for any fee, levy or surcharge in relation to cancellation or rescheduling of activities, shows or meetings.

LIMITATION OF LIABILITY
(a) Except where PuppetSoup's liability is for death or personal injury as a result of negligence in no event shall PuppetSoup be liable for the following loss or damage howsoever caused and even if foreseeable or in the contemplation of the parties:
economic loss (which shall include loss of profits, business revenue, goodwill and collateral damage);
administrative and overhead costs;

iii. damages in respect of special indirect or consequential loss or damage;

any claim made against PuppetSoup by any other party.
Save where PuppetSoup is liable for death or personal injury, PuppetSoup's entire liability shall in any event be limited to the value of the Contract.

6. CONSEQUENTIAL LOSS

Without prejudice to the generality of the foregoing provisions PuppetSoup shall not in any event be liable to the Client in Contract or tort or otherwise for any indirect or consequential loss or damage whenever or howsoever arising.

7. PUPPETSOUP'S RIGHT OF RESCISSION

Any Contract PuppetSoup has with the Client shall be operational upon an order by order basis. Nothing in these terms and conditions shall imply any continuous relationship between PuppetSoup and the Client.

PuppetSoup shall have the option (without prejudice to any of its other rights against the Client) by notice in writing to the Client to rescind any Contract between PuppetSoup and the Client in the following events: -

Should any sum owing by the Client to PuppetSoup be overdue whether under the same or any other Contract, or
Should the Client be in breach of any term of the same or any other Contract with PuppetSoup

8. FORBEARANCE

No forbearance or indulgence by PuppetSoup shown or granted to a Client whether in respect of these terms and conditions or otherwise, shall in any way affect or prejudice the rights of PuppetSoup against the Client or be taken as a waiver of any of these standard conditions.

9. FORCE MAJEURE

PuppetSoup shall not be liable for failing to perform the Contract whether wholly or in part if the failure is caused wholly or partly by any circumstance or circumstances outside PuppetSoup's control.

SEVERANCE

PuppetSoup and the Client agree that if any term of this Contract shall be adjudged by a Court of competent jurisdiction to be void or unenforceable but would be valid and enforceable if some part or parts thereof were deemed deleted or if it were deemed varied or modified in some way then such provision shall apply with such modification or variation as shall be necessary to make it valid and effective.

HEADINGS

The numbers and headings in these conditions are for ease of reference only and do not form part of them for the purpose of constructions.

2. ASSIGNMENT

PuppetSoup shall be entitled to assign sub-Contract or sub-let this Contract or any part thereof. The Client shall not be entitled to assign this Contract.

3. PROMOTIONAL MATERIAL

No drawings, descriptive matter, issued by PuppetSoup, nor the descriptions and illustrations contained in PuppetSoup's publicity material or other professional material or details on the Website will form part of the Contract nor be regarded as a warranty or representation relating to the Presentation.

4. LAW

These terms and conditions are governed by and are to be construed in accordance with English law and are subject to the exclusive jurisdiction of the English Courts.

5. THIRD PARTY RIGHTS

The Contracts (Rights of Third Parties) Act 1999 is expressly excluded from this Contract.

6. MISCELLANEOUS

PuppetSoup does not allow video recording of any Presentation. Photographs may be permitted if agreed by PuppetSoup or PuppetSoup's agent.

COURSE BOOKINGS:

Additional terms and conditions when booking or partaking in any course, instruction, class, event, learning activity, advice, learning event, learning session or guidance whether paid or unpaid, face to face or online, are outlined below.

These terms and conditions apply to Attendees of such Courses and to individual persons booking or attending a Course.

Should a group of individuals, an organisation, company or any number of people above one individual Attendee, book a Course, then the Cancellation terms that are applied will be for those of an Organisation rather than for an individual Attendee. Please see section 15 - 18 of the Terms and Conditions of Bookings.

Where an adult over 18 years of age books a course for a child or children under the age of 18 years of age, the adult accepts these terms and conditions on behalf of the under 18 year old(s) person(s) attending and understands that these terms and conditions and disclaimer still fully apply to all Attendees without exception.

All Attendees must read, understand and agree to our Disclaimer and Terms and Conditions. Upon booking or attending a face to face or online Course, class, event, training and / or purchasing manuals, guides, materials or similar or booking a show with an accompanying course, class or workshop this will confirm you have read and agreed to our Disclaimer and Terms and Conditions. Attendance also confirms your agreement with all terms and conditions listed within all parts of the terms and conditions of PuppetSoup.

The following terms, conditions and disclaimers relate to your participation in any of PuppetSoup Ltd’s online or face to face events, seminars, courses, classes, workshops or training and any manuals/books, handouts/advice they provide in any shape or form.

These terms and conditions and disclaimers are relevant to all of PuppetSoup Ltd’s events including face to face and online courses, and self-paced learning.

For the purposes of this disclaimer/T&C, and since registrants usually only register for only one event at a time, events, seminars, workshops, classes and courses can be referred to as “Course”, “Class” “Workshop” “seminar” “training” or “courses” “classes” “workshops” or variations of these.

By registering for or attending a Course, you (the “Attendee”) signify your acceptance of and obligation to these terms and conditions, and disclaimers. If you have any objections to the following Terms, Conditions and Disclaimers you should not register for or attend a Course.

Attendee Conduct

PuppetSoup Ltd requires all Attendees to be professional and respectful to our staff, hosts, speakers, and other attendees throughout the Course, even during non-scheduled downtime and breaks. PuppetSoup Ltd reserves the right to ask the Attendee and/or their guests to leave the online course immediately should they be deemed rude, uncooperative, unprofessional, intoxicated or in possession of alcohol or any illegal substance. In such a case, the Attendee’s tuition/fees for the Course will NOT be reimbursed under any circumstances and they will NOT receive any future products, services or correspondence from PuppetSoup. An Attendee who is asked to leave the Course will not qualify for any offered course completion or any other written or implied guarantee.

Liability Waiver

While we take every possible measure to ensure safety of all Attendees at the Course, we cannot control every circumstance. The Attendee is legally responsible for their safety and any belongings and agrees to, and will be held legally liable for the following statements:

I, the willing Attendee of the Course, hereby accept all risk to my health and of my injury or death that may result from participating in the Course and I hereby release PuppetSoup Ltd and their officers, employees, interns, contractors, sponsors and representatives from any and all liability to me, my personal representatives, estate, heirs, next of kin, and assigns for any and all claims and causes of action for loss of or damage to my property and for any and all illness or injury to my person, including my death, that may result from or occur during my participation at the Course, whether caused by the negligence of PuppetSoup Ltd, its governing board, officers, employees, or representatives or otherwise. I further agree to indemnify and hold harmless PuppetSoup and all employees/contractors/officers and any third-party company from liability for the injury or death of any person(s) and damage to property that may result from my negligent or intentional act or omission while attending and participating in the Course.

Under no circumstances will PuppetSoup Ltd or employees/contractors/officers of PuppetSoup Ltd be held liable for my injury or death or any loss or damage of my personal belongings resulting from my participation in the Course. Should I require emergency medical treatment as a result of an accident or illness arising during my attendance and participation in the Course, I consent to such treatment. I acknowledge and I agree to be financially responsible for any medical or legal bills that may be incurred as a result of emergency medical treatment. I will notify PuppetSoup Ltd verbally and in writing if I am at any time injured prior to, during, or after the Course in my travels or attendance, or if I have medical conditions about which emergency medical personnel should be informed; however, I understand that PuppetSoup Ltd is not legally obligated to act on that information in any way or to provide any medical service whatsoever to me. I agree that if I have any medical or psychological conditions that may hamper me from fully and healthfully participating in the Course that I will notify PuppetSoup in writing and that PuppetSoup retains the right to ask that I not participate in portions of or the entirety of the Course.

Liability Disclaimer: No Professional Advice

The information contained in or made available by PuppetSoup Ltd, and PuppetSoup’s officers, employees, interns, contractors, sponsors, speakers, representatives, or any third-party during the Course or on their websites or services they provide cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, mental, financial, medical, psychological, legal ethics, or legal fields.

Confidentiality and Non-Compete

Attendee hereby understands that the tools, processes, strategies, materials and information presented in the Course are confidential, copyrighted, and proprietary to PuppetSoup Ltd and agrees not to record, duplicate, distribute, teach or train from the Course materials in any manner whatsoever without the express written permission of PuppetSoup. Any unauthorised use or distribution of these proprietary concepts, materials, and intellectual property by you or your representatives is prohibited and PuppetSoup Ltd will pursue legal action and full damages if these terms are violated in order to protect its rights.

Audio/Visual Rules and Release

Attendee understands that portions of the Course’s live events may be recorded in video and audio and/or captured in still and/or digital photographs by PuppetSoup Ltd. Attendee agrees that PuppetSoup and its assigns have the right and permission to use such recordings and photographs should they include Attendee’s name, likeness, voice, biographical details, testimonial, or photograph for marketing, advertising or any other purpose in any media or format, online and/or offline, now or hereafter without further compensation, permission, or notification to the Attendee. Attendee understands and agrees that all recordings from PuppetSoup Ltd events are the exclusive rights of PuppetSoup Ltd and Attendee does not ask for or expect compensation for the use of recordings or photographs in which Attendee appears, puppeteers or speaks. PuppetSoup Ltd owns all rights to any audio, video, and/or photograph captured during PuppetSoup Ltd’s Courses or at any of PuppetSoup Ltd’s other live events.

By visiting our websites www.puppetsoup.com and www.puppetrycourses.com and social media pages including but not limited to Twitter, Instagram and Facebook etc, and participating in the Courses, Attendees acknowledge and agree that they are subject to the Privacy Policies and Terms of Use and Disclaimers of PuppetSoup Ltd.

Cancellation Notice

Attendees may send a substitute Attendee by providing reasonable advance notice to PuppetSoup Ltd. Attendees are responsible for their own materials, location, travel, accommodation, internet and other Course related expenses. A materials list will be provided in advance of the Course starting and if materials are included the Attendee will be made aware of this.

Refunds

Refunds for the Courses will only be made if the course is cancelled completely. If the course is postponed the attendee will be refunded, if the dates unsuitable, minus any materials costs, postage, and booking fees that apply for this course.

For individual Course bookings, cancellation of the Course booking must be made in writing (14) days prior to the scheduled Course. An administrative fee may be charged for all refunds plus any applicable materials, postage, and booking fees. The cancellation fee will be deducted directly from the refund.

If PuppetSoup Ltd cancels a Course for any reason, Attendees will receive a refund. PuppetSoup Ltd is not responsible for nor will it reimburse any materials, travel, accomodation, location or internet or other expenses the Attendee has incurred in the event of a cancelled Course.

If PuppetSoup Ltd postpones or reschedules a Course for any reason and the Attendee is unable or unwilling to attend on the rescheduled date, the Attendee will receive a refund minus any materials, postage costs, and booking fees that are applicable to the course.

PuppetSoup Ltd is not responsible for any loss or damage as a result of a substitution, alteration or cancellation, postponement or rescheduling of a Course. PuppetSoup Ltd shall assume no liability whatsoever in the event this Course is cancelled, rescheduled or postponed due to a fortuitous event, Act of God, unforeseen occurrence or any other event that renders performance of this Course impracticable, illegal or impossible. For purposes of this clause, a fortuitous event shall include, but not be limited to: war, fire, labour strike, extreme weather or other emergency.

Please note that while speakers and topics may have been confirmed at the time of booking or publishing, circumstances beyond the control of PuppetSoup Ltd may necessitate substitutions, alterations or cancellations of the speakers and/or topics. As such, PuppetSoup Ltd reserves the right to alter or modify the advertised speakers and/or topics if necessary without any liability to the Attendees whatsoever. Any substitutions or alterations will be updated on PuppetSoup Ltd’s web page as soon as possible.

Safety Disclaimer

We’ve taken every effort to ensure we accurately represent our Course and its potential to help Attendees learn about, and/or how to make, puppets and/or related arts and crafts. However, there is no guarantee with our Courses, you yourself are responsible for your safety and knowledge. This Course provides only general advice.

The Attendee’s level of success in attaining the skills and knowledge discussed in our Courses is dependent upon a number of factors including the Attendees skill, knowledge, ability, dedication, puppeteer and performance skills, practice, and on-going study. Because these factors differ according to individuals, PuppetSoup Ltd cannot guarantee Attendee’s level of success, safety, or knowledge attained. The Attendee alone is responsible for their actions and achievements.

To be clear: You, the Attendee, alone are responsible and accountable for your decisions, behaviours, actions, and your safety whilst making, creating, discussing or learning about puppets. You are responsible for yourself and by your participation in PuppetSoup Ltd’s Course, you agree not to attempt to hold us, PuppetSoup Ltd, liable for any decisions, behaviours, actions or results that you make or experience during the course or any meeting, performance, course or lessons occurring because of it due to your participation in this Course at any time, under any circumstance.

For correspondence, contact:

Fagner Gastaldon, Cass Gastaldon or Christine Smith

info@puppetsoup.com

Tel; 07528576068

Review and Jurisdiction

These Terms and disclaimers will be governed by and construed in accordance with the laws of the United Kingdom. Attendee agrees that any dispute that arises out of or relates to these Terms, Conditions and Disclaimers will be resolved via legally binding arbitration in the United Kingdom at a time and location convenient to PuppetSoup Ltd. If any of these Terms, Conditions and Disclaimers are found unlawful, void, or for any reason unenforceable, then that provision will be considered severable from the remaining terms of use, and will not affect the validity and enforceability of the remaining provisions.

Updates

These Terms, Conditions and Disclaimers are subject to change at any time and at the sole discretion of PuppetSoup Ltd. Please visit our websites regularly for updates where terms and conditions can be found. Last updated on 8th September 2020. These terms and conditions are in addition to and run in conjunction with all other terms and conditions listed on the PuppetSoup website

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