Terms & Conditions

1. Who You Are Booking With

Restaurant Magician is the trading name of Noel Hutchinson, a sole trader.

When you make a booking through restaurantmagician.com, through our online booking system, or directly with Noel Hutchinson, your contract is with Noel Hutchinson trading as Restaurant Magician.

References in these Terms & Conditions to “Restaurant Magician”, “we”, “us” or “our” mean Noel Hutchinson trading as Restaurant Magician.

References to “you”, “your” or “the client” mean the person making the booking and entering into the contract.

2. Your Booking

Your booking is for the performance described in your booking confirmation, on the specified date and at the agreed venue and performance times.

Please check your booking confirmation carefully and contact us promptly if any information is incorrect.

Your booking is confirmed once the required booking payment has been received and confirmation has been issued.

3. Prices & Payment

A £150 booking fee is payable to secure your chosen date and performance time.

The remaining price is calculated according to the duration of the performance and the applicable hourly rate shown when you book.

Unless otherwise agreed, the remaining balance is payable 14 days before the performance date.

For bookings made within 14 days of the performance date, the full booking price is payable when the booking is made.

The price stated on your booking confirmation is the agreed price for the services specified.

Any additional performance time or material change to the booking may incur an additional charge. Any such charge will be agreed before the additional service is provided.

All prices are quoted in pounds sterling.

4. Cancellation by You

We understand that circumstances sometimes change.

The £150 booking fee is non-refundable when you cancel, subject always to your statutory rights and to any requirement under applicable law that sums retained following cancellation are fair and proportionate.

More than 14 days before the performance

If you cancel more than 14 days before the performance date, you will not normally be required to pay the remaining performance balance.

Any performance balance already paid will normally be refunded, less any amount that we are lawfully entitled to retain in respect of losses directly resulting from the cancellation.

Within 14 days of the performance

If you cancel within 14 days of the performance date, the full booking price will normally become payable.

Any cancellation charge will, where required by applicable consumer law, be limited to a reasonable amount reflecting the losses arising from your cancellation.

Where we are able to obtain a replacement booking for the same date and time, or otherwise reduce our loss, this will be taken into account when determining any amount payable or refundable.

We will take reasonable steps to reduce losses resulting from cancellation.

Nothing in this section affects your statutory rights.

5. Online Bookings & Cancellation Rights

Bookings with Restaurant Magician are for entertainment services to be provided on a specific date or during a specific period.

The statutory 14-day cancellation right that applies to many online purchases does not normally apply to contracts for leisure services which provide for performance on a specific date or during a specific period.

Your cancellation rights for your performance booking are therefore principally governed by the cancellation provisions above, together with your statutory rights.

6. Rescheduling & Changes

If you wish to change the date, time, venue or duration of your booking, please contact us as soon as possible.

We will make reasonable efforts to accommodate changes, but all changes are subject to availability and must be agreed by Restaurant Magician.

A requested change is not confirmed until you receive written confirmation of the new arrangements.

Where a change affects the duration, location or nature of the performance, the booking price may be adjusted accordingly.

If you request a change of date more than 14 days before the original performance date, we may agree to transfer your £150 booking fee to another available date.

Changes requested within 14 days of the performance date may be treated as cancellation of the original booking unless otherwise agreed.

If we cannot accommodate a requested change, the original booking remains in place and the normal cancellation terms apply.

7. Performance Times & Delays

Your booking is for the performance times stated on your booking confirmation.

We understand that weddings, parties, dinners and other events do not always run precisely to schedule, and Noel will make reasonable efforts to accommodate changes to the running order.

However, a delayed start does not automatically extend the agreed finishing time.

If Noel is asked to begin later than the booked start time for reasons outside his control, the performance will normally still finish at the originally agreed time.

Where Noel is available to remain beyond the agreed finishing time, additional performance time may be provided by mutual agreement and charged at the applicable rate.

An extension cannot be guaranteed because another performance, journey or commitment may follow your booking.

If Noel arrives late because of circumstances within his reasonable control, he will make reasonable efforts to provide the full performance time booked.

Where this is not reasonably possible, an appropriate reduction or refund will be provided for performance time that could not be delivered.

8. Performance Conditions

The client is responsible for providing a safe and reasonably suitable environment in which the performance can take place.

For close-up and table magic, Noel will normally perform amongst guests at tables, during drinks receptions or while guests are standing and socialising.

No stage, specialist lighting or sound equipment is normally required unless agreed beforehand.

The performance environment should be reasonably well lit and provide sufficient space for Noel to perform safely and interact comfortably with guests.

For outdoor performances, appropriate arrangements should be available in the event of unsuitable weather.

Noel will not be expected to perform outdoors in rain, excessive wind or other circumstances that could make the performance unsafe or damage specialist equipment.

The client is responsible for informing Noel beforehand of relevant venue restrictions, access requirements or health and safety procedures.

9. Fire & Flash Effects

Some performances may include small theatrical fire or flash effects where Noel considers them appropriate for the event and venue.

Such effects will only be used where Noel considers their use safe, lawful and appropriate and in accordance with applicable safety requirements and product instructions.

Please inform us before the event of any venue restrictions concerning naked flames, theatrical effects, smoke or fire detection systems, or similar requirements.

Where venue permission is required, the client is responsible for ensuring that the necessary permission has been obtained.

Restaurant Magician reserves the right to omit or substitute any fire or flash effect where its use is prohibited or Noel considers it inappropriate or unsafe.

The omission or substitution of an individual fire or flash effect for safety or venue reasons will not constitute a material change to the booked entertainment or give rise to a right to a refund.

10. Client Responsibilities & Guest Behaviour

Please provide accurate information about your event and notify us of significant changes to guest numbers, timings, venue arrangements or the nature of the event where those changes could affect the performance.

Noel’s performances are intended to be entertaining, friendly and inclusive. Audience participation is voluntary, and guests will not deliberately be embarrassed or placed in an uncomfortable position.

The client is responsible for the general behaviour of guests and for providing an environment in which Noel can reasonably perform.

Noel may move away from an individual or group, suspend a performance or stop performing where a guest behaves in a threatening, abusive, excessively intoxicated or seriously disruptive manner.

Noel will not be required to continue performing where he reasonably believes doing so could place himself, a guest, property or equipment at risk.

Where a performance cannot reasonably continue because of the behaviour of the client or their guests, any entitlement to a refund will be determined fairly having regard to the circumstances and services already provided.

11. Travel, Parking & Venue Access

Please provide accurate information about the performance venue and inform us of relevant access restrictions, parking arrangements, security procedures or other special requirements.

Where reasonably possible, suitable parking should be available at or close to the venue.

If the venue charges for parking, reasonable parking charges may be payable by the client where this has been disclosed or agreed.

Please advise us beforehand of unusual access arrangements, restricted entrances, security procedures, lengthy access from parking or other circumstances likely to materially affect arrival at the venue.

Any additional travel charges applicable to your booking will be disclosed before the booking is confirmed.

Restaurant Magician will make reasonable efforts to arrive in sufficient time for the performance but cannot accept responsibility for delays caused by incorrect information supplied by the client, unavailable venue access or comparable circumstances outside our reasonable control.

12. Photography & Video

Guests are welcome to take photographs and short video clips during the performance provided this does not materially interfere with the performance or other guests’ enjoyment.

Please do not record an entire performance or reproduce or distribute substantial parts of Noel’s routines or methods without prior permission.

Restaurant Magician may occasionally wish to take photographs or short video clips at an event for promotional purposes.

Identifiable photographs or video of clients or guests will not be used for promotional purposes without an appropriate lawful basis and, where consent is relied upon, appropriate permission.

Particular care will be taken with images of children, and appropriate permission will be obtained before identifiable images of children are used for promotional purposes where required.

You are welcome to tell Noel that you do not want Restaurant Magician to photograph or film at your event. This will have no effect on your booking or performance.

Professional photographers and videographers engaged by the client are welcome to photograph or film Noel provided this does not materially interfere with the performance.

13. Circumstances Beyond Our Control

Neither you nor Restaurant Magician will be responsible for failure or delay in performing contractual obligations where this is caused by circumstances genuinely outside that party’s reasonable control.

These may include severe weather, significant transport disruption, accidents, serious illness or injury, fire, flood, power failure, government restrictions, venue closure, civil emergencies or comparable circumstances which could not reasonably have been avoided.

If such circumstances threaten or prevent the performance, both parties will make reasonable efforts to find a practical solution where possible.

This might include changing the performance time or mutually agreeing to transfer the booking to another available date.

Where the contract cannot legally or practically be performed because of circumstances beyond the parties’ control, any refund or other remedy will be determined in accordance with applicable law.

Nothing in this section removes any statutory right to a refund that you may have.

14. Cancellation by Restaurant Magician

In the unlikely event that Noel has to cancel your booking, we will notify you as soon as reasonably possible.

Where appropriate, we may offer an alternative date or other mutually acceptable solution.

You are not required to accept an alternative.

Where Restaurant Magician cancels the performance and the booked service cannot be provided, payments made for the affected service, including the £150 booking fee, will be refunded where required by law.

15. Liability & Insurance

Restaurant Magician will provide the booked services with reasonable care and skill.

Restaurant Magician maintains appropriate public liability insurance for professional performances.

We will not be responsible for loss, damage, delay or additional expense caused by circumstances outside our reasonable control or by the acts or omissions of the client, guests, venue or other third parties, except where liability cannot lawfully be excluded or limited.

Nothing in these Terms & Conditions excludes or restricts liability where it would be unlawful to do so, including liability for death or personal injury caused by negligence or liability for fraud or fraudulent misrepresentation.

Nothing in these terms affects your statutory rights.

16. Complaints & Problems

We want every performance to be an enjoyable experience.

If you have a concern about your booking or performance, please contact us as soon as reasonably possible so that we have an opportunity to investigate and, where possible, resolve the matter.

Nothing in this section restricts your statutory rights or prevents you from pursuing any remedy available to you under applicable law.

17. Your Contract

These Terms & Conditions, together with your booking confirmation and any additional arrangements agreed in writing, form the agreement between you and Noel Hutchinson trading as Restaurant Magician.

If any provision of these terms is found to be invalid or unenforceable, the remaining provisions will continue to apply.

No variation to a booking is binding unless agreed by both parties.

18. Governing Law

These Terms & Conditions and your booking are governed by the laws of England and Wales.

If you are a consumer, this does not deprive you of any mandatory protections available to you under applicable law, including any rights concerning where proceedings may be brought.

19. Statutory Rights

Nothing in these Terms & Conditions is intended to exclude, restrict or otherwise affect any rights or remedies which cannot lawfully be excluded or restricted.

Your statutory consumer rights remain unaffected.