Please find our Virtual Party safeguarding policy at the foot of this page.
Covid-19 Cancellation Policy:
a) In the case of Government legislation that a confirmed event can not go ahead a full refund will be given minus any non-recoverable costs incurred by Sharky & George Ltd.
b) In the case of a real life event not going ahead because of a host/guest testing positive or showing symptoms of Coronavirus, Sharky & George Ltd. will work on a case by case basis to reschedule the event, and may have to charge for any non-recoverable costs e.g. venue hire and caterers.
1. DEFINITIONS AND INTERPRETATION
1.1 In these Terms and Conditions for Provision of Services ("Terms"):
"Activity Day" means a whole day, up to a maximum of 24 hours, non-residential event.
"Activity Week" means a series of up to seven consecutive Activity Days
"Guest" means any guest attending an Event, “Guests” shall be construed accordingly
“Confirmation Email” means the email confirmation of the Event provided to you by S&G including the detail of the arrangements agreed between you and S&G for the Event such as number of Guests attending, location and any specific information about the Event required for S&G to provide the Services
"Contract" means the agreement between the Client and S&G for the supply of the Services and consisting of the documents referred to in clause 1.5 below
"Event" means either an Activity Day, an Activity Week, a Holiday Camp, Party or Corporate Event
"Holiday Camp" means a residential camp of up to seven days as set out on the Confirmation Email
“In Loco Parentis” means any period of time during an Activity Day during which S&G agrees to take charge of one or more Children and neither You nor any of your representatives are present
"Party" means a one-off event with an agreed number of attendees as set out in the Confirmation Email
"Price" means the price for the Services set out in the Confirmation Email and any Third Party Costs reasonably incurred by S&G for the purposes of the Event
"Services" means the services agreed to be provided by S&G at any Event as set out in the Confirmation Email or in relation to any activity in which S&G is In Loco Parentis
"S&G" means Sharky and George Limited (company number: 06224400) whose registered office is at Pigeon House Farm, Hatherden, Andover, SP11 0HJ
“Third Party Costs” means any third party expenses reasonably incurred by S&G in relation to an Event.
"Event Location" means the location of the Event as set out in the Confirmation Email
"You" means the natural or legal person engaging S&G to perform the Services, as (and "Your" shall be construed accordingly)
1.2 Clause headings shall not affect the interpretation of these Terms; the singular includes the plural and vice versa.
1.3 Any provision of these Terms which is invalid or unenforceable for any purpose shall be removed from these Terms for that purpose but shall otherwise remain valid and enforceable and shall not affect the validity of the remainder of the Contract.
1.4 Payments will be deemed made to S&G when they have been credited to S&G's account in cleared funds.
1.5 The Contract comprises these Terms and the details Confirmation Email.
1.6 If there is any inconsistency, the order of priority of the Contract documents shall be (i) Confirmation Email (ii) Terms; variations of the Contract are effective only if agreed in writing by authorised representatives of the parties and will then prevail over these Terms.
2 FORMATION OF CONTRACT AND RIGHTS TO VARY OR CANCEL
2.1 You shall agree all details of your booking with S&G via email in advance of the booking. A legally binding contract shall be formed between you and S&G in accordance with these terms when (i) S&G has sent you the Confirmation Email AND (ii) you have paid the Price or part thereof as a deposit in accordance with the Confirmation Email OR (iii) S&G has sent the Confirmation Email and incurred any Third Party Costs on your behalf in preparation for the Event (S&G will use reasonable endeavours to notify you before incurring any such costs).
2.2 No representations made by S&G's employees, agents or contractors will apply to the Contract unless they are confirmed in writing. In entering into the Contract You acknowledge that You have not relied on any such representations unless they have been confirmed to you in writing by an authorised representative of S&G.
2.3 You are responsible for ensuring the accuracy of any information provided to us via email and for giving S&G any necessary information sufficiently in advance of an Event to enable S&G to perform the Contract.
2.4 S&G reserves the right to make any changes to Services if necessary to comply with any applicable law, regulation or safety requirement and to vary the Price by a fair and reasonable amount to take account of the variation. S&G will inform You of any such variation and of its effect, if any, on the Price, as soon as reasonably practicable.
2.5 You may cancel a Contract by notice in writing to S&G. Subject to clause 2.8, if You cancel:
2.5.1 within fourteen (14) days before the Event, You must pay the Price in full;
2.5.2 more than fourteen (14) days but within sixty (60) days before the Event, You must pay twenty-five per cent (25%) of the Price and any reasonable and non-refundable costs incurred by S&G;
2.5.3 more than sixty (60) days before the Event, S&G may charge You any reasonable and non-refundable costs incurred by S&G (such as non-refundable Event Location or other booking fees or deposits).
2.6 You may postpone a Party by notice in writing to S&G. Subject to clause 2.8, if You postpone:
2.6.1 within fourteen (14) days before the Event, we will charge you a twenty-five per cent (25%) rescheduling fee;
2.6.2 more than fourteen (14) days but within sixty (60) days before the Event, You must pay any reasonable and non-refundable costs incurred by S&G;
2.6.3 more than sixty (60) days before the Event, S&G may charge You any reasonable and non-refundable costs incurred by S&G (such as non-refundable Event Location or other booking fees or deposits).
2.7 Notwithstanding clauses 2.5 and 2.6, you shall reimburse S&G for any reasonable and non-refundable costs (including Third Party Costs) incurred by S&G on your behalf prior to the time of cancellation or postponement of the Contract.
2.8 If You are engaging S&G for non-business related purposes and you have not concluded the contract with S&G in person at our offices, the Consumer Contract Regulations 2013 apply to this contract as a distance contract or an off-premises contract; this means you have the right to cancel the Contract within fourteen working days of receiving S&G's Confirmation Email. You can cancel your instructions by contacting us by post or by email.
2.9 If S&G cancels the Contract other than under clause 10, it will repay all monies received from You.
2.10 If You wish to make an amendment to your booking once S&G have confirmed it to you via email, you should request the amendment in writing and S&G will within a reasonable time let You know:
2.10.1 whether it considers that amendment is reasonably practicable in all the circumstances; and if so
2.10.2 whether it affects the Price or any other terms or requirements relating to the Services. If S&G considers in its sole discretion that any amendment would jeopardise the safety of any Guest or is otherwise unsuitable for any other reason it may refuse to accept that amendment and in that case You may cancel the Contract under clause 2.5.
2.11 When you receive any information from S&G under clause 2.10 You shall have a reasonable period to confirm Your agreement to the change to the Confirmation Email and the Price. S&G may delay performance of the Services or any part of them until it has received your written confirmation that You wish either to proceed or not to proceed with the requested amendments.
3.1 If S&G gives You a quotation, we may withdraw or modify that quotation at any time before you the Contract is formed. All quotations lapse thirty (30) days after issue.
3.2 The Client shall pay the Price as set out in the Confirmation Email. If no Price is set out in the Confirmation Email as the Price will be calculated using S&G’s usual practice and then current rates.
3.3 All prices are exclusive of Value Added Tax and any other sales tax or excise duties.
3.4 S&G reserves the right to increase the Price before any Event to reflect any change requested by You including but not limited to the date of the Event, the numbers of attendees or any specifications for the Services, or to take account of any delay caused by You or any failure by You to perform Your obligations in the Contract or by Your failure to give S&G adequate information or instructions.
4. PAYMENT TERMS
4.1 Unless otherwise stated in the Confirmation Email, You must pay the Price in full within thirty (30) days of the date of the invoice.
4.2 You must not make any withholding, deduction, set-off, counterclaim or cross demand against an invoice other than in respect of a genuine dispute that You have brought to our attention in writing (in which you have set out all reasonable details) before the due date for payment. In that case You will pay the full amount not in dispute.
4.3 Time of payment is of the essence of every Contract.
4.4 If You are engaging us for business-related purposes, S&G may (without limiting its remedies) charge You for S&G's costs of collection and (as well after as before judgment) a sum equal to any loss suffered by S&G arising from that delay as well as interest on that sum and on the amount overdue at the same rate as would apply were the debt a qualifying debt under the Late Payment of Commercial Debts (Interest) Act 1998 calculated from the date payment fell due until the date of actual payment (or such lesser amount as is the maximum rate permissible by law) and S&G may cancel the Contract and any other contracts with You.
4.5 If You fail to pay the Price (or any instalment of the Price) when due S&G may suspend the Services (including delaying planning for the Event and purchasing of any goods or services required for the Event). If such delay causes a delay in the date of or cancellation of the Event, You shall remain liable to pay the Price and the time for performance of the Services will be extended to take account of the delay. In any event You shall pay S&G any increased costs incurred by S&G as a result of that delay and S&G may alter its payment and credit terms under the Contract as it considers appropriate.
5. PROVISION OF SERVICES
5.1 S&G shall use all reasonable endeavours to provide the Services in accordance with the Contract and shall perform the Services with all reasonable skill, care and diligence.
5.2 S&G shall:
5.2.1 ensure that all staff engaged by it in the provision of the Services have been interviewed by S&G, have a valid and up to date Disclosure and Barring Service check;
5.2.2 use reasonable endeavours to ensure all staff are suitably qualified and trained to carry out the Services;
5.2.3 comply with all legislation regarding the Services and shall maintain the correct ratio of adults to children (when applicable) for the Event in question.
5.3 If You are providing the Event Location, You shall:
5.3.1 grant S&G all reasonable access to the Event Location at times reasonably requested by S&G to enable S&G to assess the suitability of the Event Location and to prepare for and perform the Services;
5.3.2 ensure that the Event Location fully complies with the descriptions and terms set out in the Confirmation Email and are suitable and safe for the purposes of the Event; and
5.3.3 advise S&G without delay of any changes to the Event Location prior to the date of the Event.
5.4 If in S&G's reasonable opinion the Event Location requested or provided by You is not suitable for the Event in question for any reason, it may require an alternative Event Location to be provided at Your expense or it may cancel the Contract by notice in writing to You (and in that event it shall repay all monies paid by You other than non-refundable booking fees or deposits paid to third parties incurred by S&G in relation to the Services).
6 SAFETY AND SECURITY OF Guests ATTENDING EVENTS
6.1 You shall ensure that S&G receive all Relevant Information in respect of each Guest attending any Activity Day, Activity Week, Holiday Camp and Event and S&G reserves the right to refuse or restrict access to any such Event to any Guest for whom it believes complete and accurate Relevant Information has not been provided. You shall immediately inform S&G of any changes to the Relevant Information or of any additional Relevant Information (including details of allergies, illnesses, medical conditions or other specific requirements relating to the Guest) of which you become aware leading up to or on the day of the Event
6.2 You shall ensure that any child attending a Party who is under the age of four (4) years old is accompanied by an adult (over the age of 18 years old) at all times. Other children may attend a Party without an adult.
6.3 S&G shall only be required to provide Services in respect of the number of guests and for the times specified in the Confirmation Email.
6.4 You will inform S&G not later than 24 hours before a Party of any allergies, illnesses or medical conditions affecting any guest expected to attend the Party of which you are or ought reasonably to be aware.
6.5 You will arrange prompt collection of the children attending any Event at the time notified to you and S&G may charge You for its reasonable costs (including without limitation staff costs and travel expenses) related to supervising the Child after the time notified to you.
6.6 Except to the extent we have agreed to be In Loco Parentis it is Your responsibility to ensure the Child and all children attending a Party are appropriately supervised at all times. S&G may charge You for the costs of any damage to property of any person caused by Your breach of this clause and we may charge you for the costs of providing supervision for any Child or children where you are in breach of this term.
6.7 It is your responsibility to ensure that the Guest (and, in the case of a Party, all guests attending the Party) complies with all reasonable instructions from S&G's employees to ensure the safety of all attendees and other persons present and any other requirements. This applies even if S&G is In Loco Parentis. S&G may suspend the Event or the Guest’s (or any other guest’s) participation in the Event if You are in breach of this clause (and shall remain entitled to the Price in such circumstances).
6.8 You shall ensure that S&G has up to date and accurate contact details for You (and, if You are engaging S&G for business-related purposes, up to date and accurate contact details for an appropriate authorised representative of Your organisation) at all times during the Contract.
6.9 You acknowledge and agree that S&G may take video and photographic footage of Guests attending any Event and that appropriate footage which does not compromise the safety or security of any Guest may be used by S&G for the purposes of promotion and marketing.
6.10 You acknowledge and agree that S&G's employees may administer basic first aid (including paracetamol, plasters and antiseptic cream) to the Guest or to guests attending an Event. You shall inform S&G not later than 24 hours prior to the Event of any allergies or other medical conditions not specified as part of the Relevant Information which may affect the Guest's ability to participate in any Event or of which S&G ought reasonably to be aware.
6.11 If the behaviour of the Guest at an Activity Day, Activity Week, Holiday Camp or Event is in S&G's opinion unacceptable for any reason, or if in S&G's reasonable opinion it is not appropriate for the Guest to continue the Event for any reason (whether by reason of illness, injury or otherwise at S&G's sole discretion). Where this is a child You shall at S&G's request promptly collect the Child from the Event Location. S&G may exclude the Child from any activities until he or she has been collected if in S&G's opinion such exclusion is necessary for the safety of the Child or any other child or is otherwise in the Child's best interests.
6.12 If the behaviour of any guest attending a Party is in S&G's opinion unacceptable for any reason, You will at S&G's request remove or procure the removal of the guest in question and S&G may suspend the Party without liability until the guest in question has been removed.
6.13 The Price shall remain payable in full in any of the circumstances described in clauses 6.11 and 6.12. In addition, if You (or Your authorised representative) are un-contactable for more than two (2) hours You will pay S&G's reasonable costs (including without limitation staff costs and travel expenses) related to caring for the Guest.
7 DATA PROTECTION
7.1 S&G shall process all personal data relating to You and the Guest and other individuals in accordance with the General Data Protection Regulation 2016 and the Data Protection Bill 2018 ("the Data Protection Legislation").
7.2 You hereby consent to the processing of any personal data (including Sensitive Personal Data as defined in the Data Protection Legislation) relating to the Guest for the purposes required for the performance of the Services in accordance with these Terms. In particular, but without limitation, You consent to the processing (including gathering, storing and use) by S&G and third parties engaged by S&G in the performance of the Services of medical details relating to the Guest for the purposes of protecting the health and safety of the Guest at any Event.
7.4 If You are engaging S&G for business-related purposes, You warrant that any personal data which You provide to us, whether relating to You or to the Guest or otherwise, may be processed by S&G for the purposes of performance of the Services and You undertake to indemnify us against any cost, claim, damage or expense which we incur in relation to any claim by a data subject (as defined in the Data Protection Legislation) that such processing was in contravention of their statutory rights, except to the extent if any that such claim relates to any breach by us of this clause 7.4.
You acknowledge that all risks related to the Event, except for the risk of physical injury to person or damage to property directly caused by S&G's negligence, are borne by You and You are advised to insure accordingly. If You would like us to refer you to an appropriate events insurer, You should ask us to do so with sufficient time in advance of the event. You acknowledge that the Price reflects this balance of risk. Your attention is further drawn to the limitations of S&G's liability in clause 9 below.
9 LIMITATIONS OF LIABILITY
9.1 Nothing in these Terms shall limit or exclude any liability of S&G which may not be limited or excluded by law, including without limitation liability for death or personal injury caused by S&G's negligence or for fraud or fraudulent misrepresentation.
9.2 Subject to clause 9.1, S&G shall have no liability (whether arising under contract, tort or for breach of statutory duty or otherwise) to the extent that such liability would not have arisen but for Your breach of the Contract.
9.3 Subject to clause 9.1, You agree that by entering into the Contract you acknowledge S&G's level of expertise and that by participating in the Services the Guest may suffer loss or damage. You acknowledge that You have voluntarily assumed the risk of such loss or damage and You therefore waive any claim for such loss or damage against S&G and/or its employees, agents and contractors.
9.4 Subject to clause 9.1, S&G's aggregate liability for all claims in relation to the Contract (whether in contract, tort or for breach of statutory duty or otherwise) shall not exceed the Price paid by You.
9.5 Subject to clause 9.1, S&G shall not be liable for any loss which is or which represents disappointment, injury to feelings, loss of reputation, third party liability, loss of anticipated benefit, loss of profit or management time.
9.6 Subject to clause 9.1, S&G shall not be liable for any third party service providers engaged by S&G as agents on your behalf.
9.7 S&G shall not be liable for any failure to perform any or all of its obligations under the Contract by reason of any severe weather, fire, flood or other act of God, armed conflict, civil unrest, industrial action, order of public authority, or any cause whatsoever beyond its control. In such circumstances S&G, without prejudice to the accrued rights and remedies of each party, may terminate the Contract without liability for such termination and shall refund the Price less any non-refundable deposits, booking fees or other charges incurred by it at the date of such termination for the purposes of the Services.
10 TERMINATION OF THE CONTRACT
10.1 S&G may at any time terminate the Contract forthwith by written notice to You if You fail to pay to S&G any sum when due or if You fail to comply with any safety requirement or obligation set out in these Terms and do not remedy any breach within a reasonable time of notice from S&G to do so.
10.2 Either party may terminate the Contract forthwith by written notice to the other if the other party is or is deemed to be, insolvent or steps are taken to:
10.2.1 propose any composition, scheme or arrangement involving the other party and its creditors; or
10.2.2 obtain an administration order or appoint any administrative or other receiver or manager of the party or any of its property or otherwise enforce any security over the party's property, or repossess its assets; or
10.2.3 file a petition in bankruptcy or to wind up or dissolve the party, or sequestrate its estate or outside England anything corresponding to any of the above occurs.
10.3 If the Contract is terminated, S&G (without prejudice to its other rights but subject to any relevant mandatory laws) may do any of the following:
10.3.1 declare immediately payable (and so interest-bearing under clause 4.4) any sums due to it by You, proceed against You for the same and/or damages, and appropriate any payment by You as represents sums due under the Contract;
10.3.2 suspend further performance of any Contract and/or any credit granted to You on any account.
10.4 Termination of the Contract shall not affect the accrued rights of You and S&G under the Contract.
11.1 You acknowledge that all intellectual property rights in and relating to the Services (including but not limited to trade marks, copyright and design rights) shall remain the sole property of S&G.
11.2 No previous waiver of any breach of the Contract shall constitute any waiver of any right or remedy.
11.3 The Contract may not be assigned by either party without the written consent of the other party.
11.4 Clauses 1, 2.5, 2.7, 4.4, 4.5, 9, 10 and this clause 11 shall survive termination of the Contract.
11.5 A person who is not a party to the Contract has no right under the Contract (Rights of Third Parties) Act 1999 to enforce the Contract but this does not affect any right or remedy of a third party which is available apart from that Act.
11.6 The Contract shall be governed and construed in accordance with English law and the parties irrevocably submit to the exclusive jurisdiction of the courts of England.
Sharky & George Safeguarding Policy for Virtual Sessions - April 2020
At Sharky & George, we are committed to safeguarding children and young people and we expect everyone who works with us to share this commitment and join us in creating a culture of vigilance. Sharky & George staff take all welfare concerns seriously and encourage children to talk to us about anything that worries them and be confident that they will be listened to and taken seriously. We will always act in the best interests of the child and we recognise the importance of maintaining an attitude of ‘it could happen here’. This policy applies to all members of staff, including permanent, temporary and ancillary staff, volunteers, contractors and external service or activity providers. A secure and caring culture is essential in creating a safe environment for each child. We understand the importance of good lines of communication and ensure that they are always open and clear to all.
After carefully considering the available platforms, the Senior Management of Sharky & George has made the decision to conduct virtual parties and online fun sessions using Zoom as the primary communication interface between our freelance party team and participants. The Zoom provision will be configured in a way that ensures access is secure. Access will be password protected and the meeting host will have full control over who is admitted to any online event. This policy has been created to ensure that all participants are effectively safeguarded whilst they access online activities from their homes.
Staff Responsibilities for Virtual Parties and Events
Unless specifically pre-arranged between client and Sharky & George, all virtual events will use Zoom. One-to-one sessions online are permitted, on the understanding that the the DSL (Designated Safeguarding Lead - George Whitefield) is aware prior to this taking place.
Staff have been given training in the use of Zoom. Training will continue to be offered at regular intervals to ensure that all staff understand how to use the platform safely and stay up to date with software updates.
Staff are fully aware of how to report all safeguarding concerns. Staff will continue to receive on-going training on safeguarding issues.
Clients are sent a short guide on the safe and appropriate use of Zoom for virtual events. Where necessary, they will receive extra support from S&G staff to ensure that they know how to stay safe when using the platform.
Staff must be vigilant to potential safeguarding issues in virtual events and appropriate responses; these include inappropriate comments or images, peer-on-peer abuse, and all other safeguarding concerns as detailed in the Sharky & George Safeguarding and Child Protection Policy.
It is vital that staff report safeguarding issues encountered in virtual events as they would do at events in real life: make a record of the concern in a timely fashion using the child’s own words as much as possible.
All staff members are aware of how to switch off the camera and audio of any participant if required for any reason during a session.
If a member of staff has a concern about another member of staff during virtual events, they must report this directly to the George Whitefield DSL who will contact the LADO (Local Authority Designated Officer). In the case of George Whitefield being the subject of any concern, reports should be made to Vicky Higgs the DDSL (Deputy Dedicated Safeguarding Lead).
In the instance of S&G party team or HQ team running virtual events through Zoom they will observe the following procedures:
-Behavioural expectations need to be made clear by staff at the beginning of each session, to explain muting, use of the chat board and alerting the party leader.
-Staff must actively reinforce appropriate boundaries. Staff should only broadcast from an appropriate communal area of their house or area of work eg. living rooms, kitchens, home offices and gardens.
-Staff must be aware of material that may be visible in the background. They should avoid revealing any personal information or other sensitive data.
-Virtual events (both audio and video) must never take place in a bathroom/washroom etc.
-Staff must be mindful of the language they use during audio and/or video sessions.
-Both staff and participants will treat each other with respect during virtual events.
-Staff and participants must be suitably dressed during virtual sessions. If a participant is not appropriately dressed, he or she must get changed before taking part in the session. The DSL should be alerted in this instance.
Recording of Content
In most cases Sharky & George will not record any virtual sessions unless agreed by the client beforehand. Likewise participants and clients should not record any part of virtual sessions.