Terms and Conditions

Please read these terms carefully before you submit any booking with us. These terms tell you who we are, how Tick Boom Face Painting will provide services to you, how you and I may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us.

1.   About these Terms and Conditions

By submitting a Booking Form to Tick Boom Face Painting, you are signifying your agreement to and acceptance of our Terms and Conditions. All references to the Terms and Conditions refer to these Terms and Conditions as amended and updated from time to time.

You can contact us by telephoning or emailing or by writing to hello@tickboomfacepainting.com 

If I have to contact you, I will do so by telephone or by writing to you at the email address or postal address you provide to me in your Booking Form.

2. About Tick Boom Face Painting

Tick Boom Face Painting's postal address is Deborah Smethurst, c/o 40 Rudyard Rd, Brighton BN2 6UB, UK  or by email to hello@tickboomfacepainting.com. I am registered with the Information Commissioner’s Office (ICO) for data protection (Ref No: ZA403054).

3. Definitions

“Agreement” means these Terms and Conditions and the Booking Form.

“Tick Boom Face Painting” means the entity with which you have entered into this Agreement.

“Booking Form” means the form relating to the booking of the courses, events or workshops – in person or online and which incorporates these Terms and Conditions. This includes the accompanying email which may contain more details for input.

“Fee” means the amount payable for the courses, events or workshops – in person or online as detailed in the Booking Form and Booking Email.

“Event, Workshop or Training” means any specific event, workshop or training, either in person or online which Tick Boom Face Painting offers its services.

“Venue” means the place at which Tick Boom Face Painting provides its services at events or workshops – in person or online.

4.   Booking and Payment

These booking details shall remain valid for acceptance for a period of 14 days and must be accepted by The Client in its entirety by completing the booking form.

Any variation to the Services stated must be agreed in writing.

The Client will be notified of the Fee plus any Other Services agreed in the Booking Confirmation email. The Client shall settle this Fee by the due date stated unless otherwise agreed in writing.

A non-refundable deposit/booking fee is required to secure the date and times agreed upon (unless by prior arrangement) and is not refundable in the event the booking is cancelled for any reason.

Interest may be charged on all late payments at a rate of 8% per annum above the Bank of England base rate. Reasonable expenses incurred in obtaining payment from The Client where any payment due is late may also be charged.

5. Changes to Events and Cancellation

Tick Boom Face Painting may cancel this Agreement at any time and for any reason whatsoever. If the Agreement is cancelled by Tick Boom Face Painting, the unused portion of the Fee will be refunded to the customer.

If for any reason a specified artist is unable to service an event, then Tick Boom Face Painting will do its best to provide another Tick Boom Face Painting artist. If this is not possible, Tick Boom Face Painting will, at its sole option, either (i) reschedule the event by adding another event or (ii) will refund the Booking Fee.

The customer acknowledges and agrees that Tick Boom Face Painting reserves the right to replace any artist for an event without notice to the customer at any time prior to that event without any liability arising from such a change except in accordance with these Terms.

The deposit/booking fee is non-refundable not refundable in the event the booking is cancelled for any reason.

In the event that The Client cancels the Engagement or the Event they will be liable to pay cancellation charges as follows:

1. Cancellation over 60 days prior to the Event Date: No Fee
2. Cancellation made 30-59 days prior to the Event Date: 25% of Total Invoice
3. Cancellation made 15-29 days prior to the Event Date: 50% of Total Invoice
4. Cancellation made less than 15 days prior to the Event Date: 100% of Total Invoice

If the venue provided by The Client is unable to accommodate the services offered by Tick Boom Face Painting and is/are unable to perform these services for this reason The Client will be liable for cancellation charges as outlined above.

6. Tick Boom Face Painting Events

Tick Boom Face Painting will provide services for events which:

• conform in all material respect to their description;
• are carried out with reasonable skill and care;
• be fit for the purpose that Tick Boom Face Painting services can deliver; and
• comply with all applicable statutory and regulatory requirements for supplying for the event in the United Kingdom, or elsewhere.

These Terms apply to any replacement event Tick Boom Face Painting supplies to the customer in the unlikely event that the original event does not conform to these Terms.

The Client shall provide a suitable area for Tick Boom Face Painting and ensure there is an adequate power supply which meets industry standards if electrical equipment is to be used as part of the service.

Where Tick Boom Face Painting is expected to wear stage clothing The Client must provide adequate dressing room facilities. Public toilets are unacceptable.

The Client agrees that if artist representing Tick Boom Face Painting is threatened, abused verbally or physically by anyone present at the performance then they will be entitled not to offer this service, without penalty. All Fees will remain payable by The Client .

The Client must hold adequate insurance policies in respect of any Engagement.

The Client is responsible for obtaining any work permits or other approvals for Tick Boom Face Painting prior to the commencement of an Engagement.

Any changes to the event schedule and/or the timings for the services Tick Boom Face Painting offers at that event will be subject to these Terms and Conditions.

If changes are required to the schedule on the day of the event these changes should be discussed with the artist where possible, otherwise agreement should be reached between the Client and Tick Boom Face Painting.

In the event that artist is unable to complete the service offered due to a delay in the start of the event schedule, where such delay is no fault of the artist, the Client shall remain liable to pay the full Fee due.

Should the artist be required by the Client to extend the length of the performance, a further fee may be charged as agreed between the parties.

An artist is not obligated to finish any performance that has started late due to the Clients actions or to extend the length of any performance.

7. Responsibilities

The client is aware that

• the information set out in the Booking Form whether completed and or accepted/signed by the client is accurate in all respects and will notify Tick Boom Face Painting of any change in such information immediately;
• when offering to host an event, the client will not be knowingly suffering from any illness, infectious disease or anything similar thereto.
• the information received from Tick Boom Face Painting may not be used for any commercial purpose, without prior written consent.

8. Limitation of Liability

Tick Boom Face Painting shall not be responsible for any loss that a client suffers as a result, except for those losses which it could reasonably foresee would result from the failure to comply with these Terms and Conditions.

Tick Boom Face Painting shall not be responsible to the client for losses that result from its failure to comply with these Terms and Conditions including, but not limited to, losses that fall into the following categories:

• loss of income or revenue;
• loss of business;
• loss of anticipated savings; or
• loss of data.

This clause shall not prevent claims for foreseeable loss of, or damage to, the participant's physical property.

This clause does not exclude or limit in any way Tick Boom Face Painting's liability for:

• death or personal injury caused by our negligence; or
• fraud or fraudulent misrepresentation; or
• any breach of obligations under the Consumer Rights Act 2015
• any other matter for which it would be illegal or unlawful for Tick Boom Face Painting to exclude or attempt to exclude its liability.

The client agrees that any claim against Tick Boom Face Painting or any employee or agent of Tick Boom Face Painting must be brought within 60 days of the event that gave rise to such claim. The participant agrees any claim made thereafter should be discussed.

The client acknowledges, warrants and undertakes that the maximum aggregate liability of Tick Boom Face Painting to the participant under these Terms and Conditions shall not exceed the Fee paid.

All warranties and conditions whether implied by statute or otherwise are so far as is permitted excluded from these Terms and Conditions.

9. Data Protection

Tick Boom Face Painting acts a Data Controller in relation to services supplied under these Terms and Conditions and the person responsible for data protection matters is Deborah Smethurst.

Tick Boom Face Painting will adhere to all applicable data protection laws and always stores data sent to us in a secure manner as outlined in our Privacy Policy.

Tick Boom Face Painting shall ensure that data processing only takes place in accordance with the terms of these Terms and Conditions and any Data Processing Agreements in place from time to time. Tick Boom Face Painting only processes personal data where it has a lawful basis to do so.

Tick Boom Face Painting may store and process personal data via our servers located in the EU, or any other country that provides suitable and adequate security measures to protect the data. Data will be transferred in accordance with the relevant data protection laws.

We retain the right to respond to legal requests as necessary.

Please view our privacy policy for further information on how we handle, store and use your data.

10. Personal Data

Tick Boom Face Painting shall uphold all rights in relation to the use of a data subjects’ personal data. The rights of data subjects are contained within our Privacy Policy.

As permitted under data protection legislation, we will store a Client’s data for as long as necessary in order to provide our services to the Client. Information associated with your account will be kept until your account is deleted unless the information is no longer needed for the purposes agreed or for other legitimate purposes.

Once our relationship with you as a user of our classes has terminated, we will retain personal information only to comply with legal requirements, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigations, enforce our Terms and Conditions, and take any action permitted by law.

We do not pass participants/clients/customers information to any third parties except those who have contractually agreed to abide by our service Terms and Conditions. Your data will not be used or sold outside of the agreed Terms and Conditions.

Please view our privacy policy for further information on how we handle, store and use your data.

11. Fair Processing Notice or Audio or Visual Records and Photographs

Tick Boom Face Painting may take and use audio or visual recordings and photographs of you for the following purposes:

• to be displayed on the Tick Boom Face Painting website;
• to be displayed on Tick Boom Face Painting administered social media platforms;
• to appear in Tick Boom Face Painting publications (including, but not limited to, prospectuses, marketing materials and annual reports)
• general publicity purposes

If you have any concerns about or wish to opt out to audio or visual recordings and photographs being taken please contact us.

If you would like us to remove any specific audio or visual recording or photograph of you from an existing Tick Boom Face Painting publication, website, or display, please contact Tick Boom Face Painting by emailing us at hello@tickboomfacepainting.com

12. Intellectual Property

Tick Boom Face Painting reserves the right to all intellectual property in relation to this website and the services provided. Use of the services does not give the user any ownership in the services, its content or any trademark or logo used on the website.

Any information or material provided to us is on the basis of a non-exclusive, irrevocable, perpetual and royalty freelicence to use such information and material in relation to the services we provide under our Terms and Conditions.

13. Changes to Terms and Conditions

These terms and conditions may be modified from time to time and you are advised to check this page to see that you are reading the most up-to-date Terms and Conditions.

By accepting our Terms and Conditions, you consent to our collection, storage, use and disclosure of your personal information as described in our Privacy Policy.

14. Force Majeure

Tick Boom Face Painting will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under the Agreement that is caused by events outside its reasonable control. Such causes include, but are not limited to power failure, internet service provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action, pandemic or any other event that is beyond the control of Tick Boom Face Painting.

15. Severance

Each of the paragraphs of these Terms and Conditions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

16. No waiver

The failure by either party to enforce any obligation under these Terms and Conditions at any time or for any period shall not be a waiver of them or of the right at any time subsequently to enforce all the obligations arising under these Terms and Conditions.

17. Entire Agreement

These Terms and Conditions constitute the entire agreement between the parties and supersede all prior agreements and understandings between the parties. It is agreed that no statement, promise or inducement whether written or oral alleged to have been made by either party and which is no contained herein shall be binding or form part of these Terms and Conditions.

18. Rights of Third Parties

No term of the Terms and Conditions will be enforceable under the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party to it.

19. Governing Law and Jurisdiction

These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.