Dream Moments Event Management Ltd

Terms and Conditions

1. Definitions

Dream Moments” will mean Dream Moments Event Management Ltd, 124 Emily Street, Digbeth, Birmingham B12 0XJ.

Client” shall mean the individual, body, couple, company or any other entity responsible for commissioning of the Event.

Contract” shall mean these terms and conditions plus the final version of the following sections of the Quote Document: Your Event Details & Costing Summary, Your Event Particulars, Booking Procedures and Your Optional Extras,

Deposit” shall mean the non-refundable, non-transferable amount (being a minimum of 25% of the total amount or agreed amount) payable to Dream Moments, with such amount specified in the Quote Document.

Event” shall mean the event scheduled to take place at the date, time and venue as detailed in the Quote Document.

Quote Document” shall mean the document provided by Dream Moments to the Client detailing the services to be provided by Dream Moments to the Client and the assumptions on which such services will be provided for the Event (or series of Events), as amended from time to time with the agreement of both parties.

Total Amount” shall mean the total amount payable to Dream Moments as set out in the Quote Document, as amended from time to time with the agreement of both parties.

2. Confirmation of Booking and Provision of Services.

This contract is only confirmed with Dream Moments upon receipt of these terms and conditions, duly signed by the Client and the payment of the Deposit. For the avoidance of doubt, until the signed Contract and Deposit are received by Dream Moments, there is no commitment by either party or liability arising out of or in relation to this Contract which is attributable to Dream Moments. Where Dream Moments undertakes to book an Event venue on the Client’s behalf, such venue booking will only be confirmed on receipt by Dream Moments of a contract between Dream Moments and such venue signed on behalf of such venue. Venue terms and conditions will be the responsibility of the Client and must be strictly adhered to. Venue terms and conditions will be available to the Client upon request. Dream Moments shall provide the services set out in the final version of the Quote Document only. All Event details, including without limitation, floor plans, timing schedules and guest numbers, need to be confirmed by the Client to Dream Moments. This must be completed a minimum of six to eight weeks prior to the Event. Any changes requested by the Client after such confirmation may not be possible or may be subject to additional charges.

3. Payment Terms.

All prices are quoted and payable in GBP and are exclusive of VAT (which shall be charged at the current prevailing rate) as well as any other applicable taxes. The Client shall make payment to Dream Moments in consideration of the services to be provided by Dream Moments as detailed in the Quote Document and this Contract. All charges are either based on a “complete package” basis. The Client can make payments to Dream Moments in the following ways; cash, cheque, banker’s draft or bank transfer. The Client can also make payments via Credit or Debit Card, however, this payment method is subject to a 2% admin charge. Payment Schedule must be strictly adhered to as follows:

❖ On signing of this Contract– Deposit of 25% or the agreed amount which is non-refundable, non-transferable.

❖ Up to four months/16 weeks prior to Event – 75% of estimated Total Amount.

❖ Up to one month/4weeks prior to Event – outstanding balance to be paid in full.

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❖ The Client acknowledges that such outstanding balance may have increased since signature of this Contract due to changes in the Client’s requirements (as may be shown by an amended Quote Document).

❖ Disbursements will be made on the client’s behalf in order to secure/confirm provision services, equipment etc for the agreed date.

❖ Payment schedule must be strictly adhered to any delay/failure to make payments of any of the above timelines could jeopardise your event at no fault of Dream Moments.

Dream Moments may cancel an Event without any liability being incurred whatsoever, if (1) a venue is unavailable or closed down due to events and/or circumstances beyond the control of Dream Moments including without limitation any force majeure event, bankruptcy or other insolvency event; or (2) the Client is in breach of any terms of this Contract.

Disbursements will be made on the client’s behalf in order to secure/confirm provision services, equipment etc for the agreed date

A surcharge at the rate of five percent (5%) above the Bank of England base rate per annum (or, if lower, the maximum rate permitted by applicable by law) shall accrue on any amount not paid by the Client to Dream Moments from the original due date until paid in full and shall be payable by the Client to Dream Moments on demand. Dream Moments bank details for payment are as follows:

Bank details: Barclays Bank plc, Colmore Row, Birmingham

Sort Code: 20-90-08

Account Number: 53865134

IBAN: GB95 BUKB 2090 0853 8651 34

SWIFT: BUKBGB22

4. Cleaning and Refuse

Dream Moments will clear all the equipment provided by Dream Moments. Dream Moments do not take refuse bags of the waste accumulated during the Event with them. Failure to return the Event venue to its original state shall not render Dream Moments liable in any way. Dream Moments are not responsible for cleaning or removing any items provided by any third-party suppliers i.e. Caterers, Entertainers ancillary services etc. Should the venue charge for additional cleaning and or additional time, this is deemed to be the client’s responsibility.

Dream Moments require a minimum 3 hours at the end of the event to fully collect, clear out, clean up and vacate the venue to be returned as found. No third-party items are to be left overnight under any circumstances and if so, any charges made by the venue will be the client’s liability and anything left behind by the clients/suppliers will be at their own risk.

5. Cancellation Policy.

Cancellation of a confirmed Event will incur the following charges by the Client:

❖ if over 6 months prior to the Event – Deposit (which is non-refundable, non-transferable.)

❖ if between 4 – 6 months prior to the Event – 50% of Total Amount;

❖ if between 2 – 4 months prior to the Event – 75% of Total Amount; and

❖ if less than 2 months prior to the Event– 100% of the Total Amount.

❖ All Deposits/Payments, cancellation charges are non-transferable, non-refundable.

The typical Deposit amount is 25% or an agreed amount of the total amount payable to Dream Moments, but if required by a venue, the Client may have to pay a larger Deposit in order to secure the venue for the Event.

Cancellation of only part of the extra’s services for a confirmed Event (for example and without limitation, cancellation of Furniture/Prop hire and all additional extras) shall be subject to the following cancellation charges:

❖ if over 6 months prior to the Event – 25% of the amount specified for such cancelled service(s); (which is non-refundable, non-transferable).

❖ if between 4 – 6 months prior to the Event – 50% amount specified for such cancelled service(s);

❖ if between 2 – 4 months prior to the Event – 75% amount specified for such cancelled service(s); and

❖ if less than 2 months prior to the Event– 100% of the amount specified for such cancelled service(s).

❖ All Deposits, cancellation charges are non-transferable, non-refundable.

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Where Dream Moments books an Event venue on the Client’s behalf, any liability arising from the venue’s fees and cancellation policy will be the responsibility of the Client and must be strictly adhered to. Details of the venue cancellation policy will be available to the Client upon request. Dream Moments may cancel an Event without any liability being incurred whatsoever, if (1) a venue is unavailable or closed down due to events and/or circumstances beyond the control of Dream Moments including without limitation any force majeure event, bankruptcy or other insolvency event; or (2) the Client is in breach of any terms of this Contract.

Disbursements will be made on the client’s behalf in order to secure/confirm provision services, equipment etc for the agreed date

6. Date Change.

Should the date of a booked event have to be changed for any reason at all, a charge of £500.00 will apply (subject to notice period and circumstances). Alongside any other associated Venue, Staffing and logistical costs. This is subject to Dream Moments as well as the venue’s availability.

Subject to a date change the following below may apply;

– Price of the final package may change.

– Original payment schedule at initial booking stage will apply.

– Further costs may be applied by the venue or Dream Moments should either party have incurred loss of revenue by this requested date change.

– If Dream Moments has booked the venue on the client’s behalf, before the date can be changed the full venue hire will have to be paid.

– A date change can only take place 6 prior months to the event.

7. Damages.

The Client shall be responsible for any damage or loss caused to Dream Moments, the venue and any other equipment by the act, default or neglect of the Client, third party suppliers or guests of the Client. The Client shall indemnify Dream Moments and the venue on demand for the amount required to make good any such damage or loss within 7 days.

8. Etiquette.

The Client is responsible for the behaviour of their guests. Any children must be properly supervised at all times. Dream Moments reserves the right to judge acceptable levels of noise or behaviour of the Client and guests. In the event of the Client’s and/or guests’ failure to comply with Dream Moments management or Event coordinator’s requests, Dream Moments reserves the right to terminate the Contract and stop the Event immediately without liability.

9. Client/Liaison Responsibilities.

The Client or the Client’s liaison at the Event will be responsible to double check the table layout and event decor upon arrival or 1 hour prior to guest’s arrival whichever is earliest and ensure that it is their responsibility to collect and take off site all personal belongings of the client at the end of the event (we recommend 1 hour prior to the end time). The Client must ensure that any decisions/changes/requests made by the liaison during the event will be deemed as good as the client making any decisions/changes/requests on their behalf. Dream Moments/Venue do not take any responsibility for leftovers client items at the end of the event.

The Event manager must be informed immediately by the Client or the Client’s liaison at the Event of any situation impacting the provision of service that may arise anytime throughout the Event, thus giving the Event Manager the opportunity to rectify and/or make good the issue/concern.

Where an Event is delayed due to the Client and or Client’s guests/suppliers, Dream Moments will not be liable for any consequential effect on service times. 4

The Client is responsible for placing individual name cards, place cards, table names, printing of table plans for easels, favours, guest book, cake knives and, without limitation, any other the provision and placement of personalised Client items.

We request the completion of a client event sign off prior to the event. This needs to be completed by the client and or liaison or a close family member. Please note that this is deemed final once signed on the day.

10. Event Duration.

An Event is 6 hours long, unless otherwise specified in the Quote Document. If the Event overruns (for any reason), it is The Clients responsibility to agree this prior to the event with Dream Moments so that derig times can be confirmed with the venue.

11. Force Majeure.

Dream Moments shall not be deemed to be in default of any provision of the Contract or be liable to the Client, or to any third party for any delay, error, failure in performance or interruption of performance resulting directly or indirectly from causes beyond Dream Moments reasonable control. Such causes shall include, but not be limited to: industrial action, act of terrorism, act of war, public disorder/riot, postal communications disruption, flooding, storm, snow, other weather, supply of gas, electricity and water or fire alarm evacuation, epidemic or pandemic outbreak, infectious diseases or any act of God.

12. Liability.

Dream Moments total liability under the Contract, whether in contract, tort (including negligence) or for breach of statutory duty or in any other way, shall under no circumstances exceed the greater of (a) GBP 250 or (b) fifty percent (50%) of the fees actually paid by the Client to Dream Moments (at the time the event giving rise to the claim occurs) in respect of Dream Moments services only, excluding any fees for third party suppliers and venue(s) under the Contract. Dream Moments shall have no liability for any special, incidental, indirect and/or consequential damages of any kind, resulting from either Dream Moments performance or failure to perform pursuant to the provisions of the Contract, even if Dream Moments has been advised of the possibility of such damages. All other liabilities are hereby excluded to fullest extent possible by law, including without limitation the errors, actions or omissions of any third-party supplier (whether or not contracted by Dream Moments or the Client). For the avoidance of doubt, any accident, injury or damage to the Client, Client’s guests, contractors and agents, or their respective property due to their own actions, neglect or the actions of others shall not deem liability on the part of Dream Moments. The Client shall indemnify Dream Moments for any costs (including all legal costs) that Dream Moments may incur in enforcing any provision of the Contract. Dream Moments may substitute, alter, amend or replace any item of equipment or any other aspects of the services if the provision of such item shall be impractical for any reason, including without limitation, availability, price or quality. Dream Moments shall not be liable to the Client in such regard provided that such item shall be replaced or substituted with an item of similar or greater quality.

13. Third Party Suppliers.

The use of any third-party suppliers by the Client to provide services at the Event is at the Client’s own risk and shall be subject to prior approval by Dream Moments and the venue. Such approval shall be subject to the third party supplier providing to Dream Moments and the venue evidence of (i) at least 1 months insurance in respect of the provision of their services, (ii) a PAT (portable appliance testing) electrical safety certificate for any electrical equipment to be used by such third party supplier at the Event, (iii) risk assessments and working method statements, (iv) fire retardant certificates (if applicable), and (v) any other venue requirement. Dream Moments does not provide services for any third-party suppliers during the course of the Event, unless otherwise agreed and paid for by the Client. The Client shall be responsible for the acts and omissions of any third-party supplier contracted by the Client, including without limitation, ensuring compliance with applicable Health and Safety regulations and any other statutory requirements and co-operation with Dream Moments; for example, and without limitation, any chair cover providers shall un-stack chairs in order for them to cover for the Event if required. Dream Moments accepts no liability for any 5

third-party supplier, regardless of whether such third-party supplier is contracted by the Client or Dream Moments itself.

Dream Moments are not responsible for the provision of any furniture or equipment required by any other third-party suppliers unless agreed prior to the Event. Third Party Supplier access is 3 hours prior to the event start time for their set up.

Should the client choose a supplier that is not on the accredited suppliers list for Dream Moments or the Venue then the end client may be liable for any additional charges that may occur by the venue or Dream Moments. Dream Moments may apply a refundable deposit in case of any damage/negligence or failure to vacate the premises three hours after the end of the event.

14. Client Items.

Dream Moments and the venue shall have no responsibility for any client items including without limitation, guest books, cake toppers, knives, cake stands, flowers, personal property of guests, wedding gifts, cards and Alcohol. The Client shall ensure correct removal of all client items from the venue at the end of the Event.

Should a Client decide to deliver or store any equipment, goods or any other items to the venue prior to the Event or leave behind any equipment, goods or any other items after the Event, neither Dream Moments or the venue will be liable for any damage or losses incurred, and such equipment or goods are left at the Client’s own risk and responsibility.

15. Complaints & Feedback Procedure.

We always welcome feedback from Our customers and, whilst Dream Moments always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint

Any Client complaints must be made by the Client to Dream Moments verbally within 24 hours after the Event, and then followed up in writing within 48hours after the Event. Dream Moments shall have no liability (unless specified by law) with respect to any Client complaints that do not follow this procedure.

Dream Moments shall endeavour to respond to any correctly made Client complaints within 14 days of receipt of such complaint in writing.

16. Electronic Signature.

If an electronic version of these Terms and Conditions is agreed to by the Client, such electronic version shall be deemed to be binding, regardless of whether or not the Client has duly signed a paper version.

17. General.

Any decorations that may require fixings, will need prior consent from the Event venue, this must be supplied in writing 1 month prior to the Event. It is the responsibility of the Client to procure any such consent. All gangways, passages, stairways and exits must be kept entirely free from any obstruction. At no time whatsoever shall any guests or the Client be permitted entry to the kitchen, preparation or serving areas. The Contracts (Rights of Third Parties) Act 1999 shall not apply to this Contract. A determination that any provision of this Contract is invalid or unenforceable shall not affect the validity or enforceability of the other provisions of this Contract which shall remain in full force and effect. No waiver of any breach of this Contract and no course of dealing between the parties, shall be construed as a waiver of any subsequent breach of this Contract. A determination that any provision of this Contract is invalid or unenforceable shall not affect the validity or enforceability of the other provisions of this Contract which shall remain in full force and effect. This Contract represents the entire agreement between the parties and supersedes any prior discussions, communications or documents. This Contract and any non-contractual obligations arising out of or in connection with it shall be governed by, and shall be construed in accordance with, the laws of England and Wales. No amendments, variations or interpretations of this Contract will be valid unless it is in writing and signed by a Director or CEO of Dream Moments. 6

18. Confidentiality and Data Protection/GDPR.

All materials provided by Dream Moments to the Client, including without limitation, the Quote Document, specifically any pricing information, and this Contract are confidential and should not be disclosed to any third parties by the Client. Dream Moments may share your personal information with other approved third-party suppliers that work directly with Dream Moments.

(a list can be provided upon request.)

Please tick the box if you DO NOT want Dream Moments to pass on your details:

19. Marketing.

We are proud of our events and hope to share the content of your special day with our audience. In order to do so, we would like to kindly ask for your permission to use photography and videography of your event which may contain images of you and your guests. With this contract, you hereby grant permission to Dream Moments to use photographs and/or video of you taken on your event for marketing purposes, including and not limited to: social media, website content, blog posts, digital publications and any other communications that will be used to promote Dream Moments services unless stated otherwise.

Please tick the box if you DO NOT give consent for the above:

20. Event Insurance.

For peace of mind, we advise all our clients to consider purchasing Event Insurance to cover any eventualities that may arise before/during or after the event.

By their signature below, the Client intending to be legally bound, agrees to all of the provisions of the Contract:

In the event that a payment is made pursuant to an Event prior to signature of the Contract by the Client, there shall be deemed acceptance by the Client of all of the provisions of the Contract. In such cases, either (1) a signed paper copy of the Contract or (2) an electronic version with electronic signature will still be required by Dream Moments for auditing and record keeping purposes.