Terms & Conditions of Hire for Serviced Events, Live Events and Touring

Transcription

1 Terms & Conditions of Hire for Serviced Events, Live Events and Touring Introduction: This document is issued by (hereafter referred to from time to time as the Company ), to describe the terms and conditions of Hire of the Company s sound systems, lighting and other equipment, accompanied by a crew to operate such equipment and to provide services related to such operation, for concerts, live or serviced events, tours and other performances. This document constitutes the Company s Terms & Conditions for Hire of equipment and provision of services in full, laying down the contractual agreement between and the Customer. The Company s quotation and description of the services and/or Equipment provided to the Customer by or otherwise in writing, incorporate these Terms and Conditions. Together these documents constitute the Contract between the parties. In all cases, this document is the definitive Terms & Conditions of Hire and Service document and will take precedence over any other terms stated or implied elsewhere. The latest version of this document can be found in PDF format on our website at Definition of expressions used: "Customer" The person, company, department or other body which has ordered and/or accepted Equipment and/or services from. "Hire" This expression refers to the arrangement to use equipment supplied by the Company at an event or tour, accompanied by a crew provided by or on behalf of the Company. The period of Hire under these terms is usually three or more days and rates applied may be quoted as the Tour Rate. These Terms & Conditions do not cover Dry Hire arrangements. Dry Hire is a term used in the business to refer solely to hire or purchase of equipment in isolation, with no supporting services being supplied. Where a customer wishes to enter into a Dry Hire arrangement, the Company will contract on different terms, which are available on request. "The Equipment" All items of equipment and or services accepted by the Customer. "Crew" Personnel supplied by or on behalf as part of the hire service to install, maintain, operate and/or dismantle the equipment. "Owner/The Company" Provision of the Equipment and Services: 1. Provision of the Equipment and Services: agrees to supply you with equipment and rigging equipment described in its quotation for the hire period (whether wholly owned or sub-rented), together with the services of a Crew of the number specified in the quotation. 2. Replacing defective Equipment: will supply all Equipment in good working order, however, in the event of a defect; the liability of The Stage Management Company (UK) Ltd will be limited to the repair or replacement of any defective Equipment, at s discretion. 3. Property: Equipment remains the property of at all times. In the event of a breach of any of these conditions, may without prejudice to any other rights or remedies forthwith terminate the arrangement and repossess all their Equipment. Re-hire is not allowed by the Customer without advanced written permission.

2 Terms & Conditions of Hire Page 2 Principal Exclusions: 4. Unless explicitly stated in writing in the quotation, the following are excluded from the hire provision: 4.1. Taxes including Value Added Tax (VAT) 4.2. Equipment (other than shown in the hire quotation) including risers, sets, scaffolding, flooring, staging equipment, fork lifts or other transportation equipment Rigging of Flying Points i.e. the task of attaching motor chain hooks to the supporting fabric 4.4. Locally-booked or venue equipment: 4.5. Local Crew Personnel (other than crew shown in the hire quotation) including loaders, stagehands, licensed riggers and electricians, and other operators of the Equipment. It will be the responsibility of the Customer to provide Local Crew to assist with equipment load in and load out Transportation of s Equipment and personnel, including freight and transport costs and storage of the Equipment. Unless clearly stated otherwise, all Equipment and crew services are quoted ex-bradford UK. All Equipment should be collected and returned to the Company at the end of the hire period. Other arrangements must be agreed in writing prior to the commencement of the hire contract Crew Expenses including reasonable travel expenses from our Bradford base to the event location and accommodation, payment of reasonable personal expenses (referred to in the trade as per diems ) or other cash payments to crew personnel. Where hospitality (accommodation, food or drink) is provided by the Customer to Crew, the cost of providing such hospitality will not be reimbursed by The Stage Management Company (UK) Ltd to the Customer Excessive Hours: reserves the right to charge the Customer for hours worked by the Crew in excess of their standard working day. A standard working day is 9 hours long including a legal break of 1 hour for lunch. Where the Customer wishes the Crew to work longer hours than this, it is the responsibility of the Customer to agree longer working hours in advance of the hire. Where equipment is loaded or despatched from or returned to The Stage Management Company (UK) Ltd during a weekend, this will normally incur an overtime charge for personnel at s warehouse Booking fees and other administrative costs associated with transportation of Equipment outside of the United Kingdom. If any of the above excluded items are provided or incurred by The Stage Management Company (UK) Ltd as part of a Hire, they will be charged to the Customer as extras, save where these costs are detailed in the Company s quotation. Responsibilities of the Customer: 5. The Customer assumes full responsibility for the Equipment from the time of checking out until checking in to. The Customer is responsible for the safe keeping of Equipment and is liable for any theft, loss or damage caused to the Equipment during the period of hire. The Customer is responsible for providing suitable and adequate security arrangements for the safe keeping of the Equipment during the period of hire. The Customer must take all necessary steps (at its own expense) to retain possession and control of the Equipment and in the event of losing possession or control will take all necessary steps to recover the Equipment.

3 5.1. Items of equipment are not to be used, and the Customer will not permit them to be used, for any purpose for which they are not expressly designed Equipment is not to be altered or modified in any way without the prior consent of The Stage Management Company (UK) Ltd Equipment is not to be hired, re-hired or sub-hired to any third party or parties, without the express written consent of The cost of replacing or repairing the Equipment will be borne in full by the Customer and the Customer indemnifies in full against theft, loss or damage to the Equipment occurring during the period of hire. Equipment lost, damaged, stolen or modified will be charged for at full hire rate until the loss is settled in full Examples of loss/damage /modification include (but are not limited to) the following: Damage by persons known or unknown, including audiences and artists (whether or not as part of the performance) Damage or loss caused by inadequate handling by third parties (including local crew) Damage by adverse weather conditions including water damage Loss due to theft on site or in transit Loss or damage during transportation Modifying cables by cutting and/or re-wiring plugs/sockets Insurance: 6. It is a condition of hire that the Customer takes out full comprehensive insurance to cover the Equipment hired. will, at its sole discretion, charge the Customer for any Equipment lost, stolen or, damaged as described in Paragraph 5 above (Responsibilities of the Customer) whether or not this is covered by the insurance policy taken out by the Customer. Should an event or tour cancel, curtail or abandon for any reason once the Contract period has commenced, The Customer s production insurance policy must cover to payout for the full Equipment rental invoice value originally quoted by The Stage Management Company (UK) Ltd for full duration of a tour. The Stage Management Company (UK) Ltd reserves the right to see evidence that the Equipment is adequately covered by a suitable policy for the period of the entire hire period, prior to checking out the Equipment. Where the Customer has obtained its own insurance to cover such losses, but the insurer does not pay out or there is a shortfall in the cover given under the policy, the Customer shall be responsible for putting the Company back in pocket for the replacement of the relevant lost, damaged or stolen Equipment or for making up the difference between the insurance shortfall and the actual cost of replacement. Hire Periods, Charges and Payments: 7. Hire Period: Hire charges are calculated from the date of collection / delivery to the date of return to. Permission for extending hire arrangements may be granted on request but must not be assumed. Availability and prices of Equipment may vary from our rate card or as advertised and cannot be guaranteed for periods of extension. 8. Weekends & Bank Holidays: Where the hire start date or end date falls on a weekend or bank holiday, at the discretion of, checking out may be done on the last working day prior to the hire start date and/or checking in may be done on the first working day after the hire end date. Checking out or checking in may in some circumstances be arranged outside of normal operating hours.

4 9. Hire Equipment Charges: Hire charges are based on weekly rates, with the period of hire starting from the time of checking out by at its Bradford base, to the time of checking in by within the normal operating hours of the Company (09.00 am and 6.00 pm). Equipment checked out during operating hours on day 1, must be returned before 6.00 pm on the 7th day of hire, or a second week s hire will be incurred. 10. Payments: Payments must be made in full with cleared funds prior to checking out, unless the Customer has set up an account with, in which case payments will be made according to the terms of the account and as stated on the invoice reserve the right to charge a suitable deposit for larger contracts where the contracts and tours value to The Company are more than GBP5000 or longer than 4 weeks in duration. This deposit is dependant on contract value and length. 11. Late Payments: Where any discounts are offered or negotiated, any entitlement to discount will be forfeited if accounts are not paid by the due date. Furthermore, any accounts not paid by the due date will have an interest charge applied each month until payment is received in full. (The rate of interest is currently 2.5% per calendar month or part thereof the rate applied will be stated on the invoice). Safe Working Provisions: 12.Health & Safety Crew and other Personnel supplied by The Stage Management Company (UK) Ltd must not be prevailed upon to act in any manner which is contrary to the method statements, risk assessments and codes of conduct issued by The Stage Management Company (UK) Ltd. 13. Site Access: It is the responsibility of the Customer to ensure there is adequate and safe access to a performance site. We reserve the right not to deliver Equipment where we believe access to be unsafe. It is the responsibility of the Customer to inform The Stage Management Company (UK) Ltd beforehand of any access issues and where possible take appropriate measures to reduce risk to our crew and Equipment. 14. Site Power: It is the Customer's responsibility to ensure provision of a safe, consistent and adequate electrical power supply. Where portable generators are used, these must be regulated and adequately grounded. Please contact us if you are unsure about what power will be required. Equipment damaged due to unsafe electrical equipment at the performance site shall be repaired or replaced at the expense of the Customer. 15. Sound Pressure Levels: High Sound Pressure levels can cause permanent hearing damage. Repeated exposure can have a cumulative effect. Equipment provided by The Stage Management Company (UK) Ltd can and does produce high enough sound pressure levels to cause hearing damage. cannot accept liability for any individual's failure to stay at an appropriate distance from loudspeakers or failure to take any necessary steps to protect their own hearing. It is the responsibility of the Customer to ensure the safety, with regards to hearing, of the general public. Where appropriate the Customer may wish to ensure that warning notices are displayed, hearing protection is issued, or safety barriers are erected.

5 Limit on Liability: 16.1 Nothing in this Contract shall be construed to limit or exclude either party s liability for personal injury (including sickness and death) to the extent that such injury results from the negligence or wilful default of itself, its employees, agents or sub-contractors; or any breach of any obligations implied by Section 12 of the Sale of Goods Act 1979 or Section 2 of the Supply of Goods and Services Act 1982; or fraud or fraudulent misrepresentation Except as provided in clause 16.1, the Company s maximum aggregate liability to the Customer in contract, tort or otherwise (including, but not limited to, liability for any negligent act or omissions) for damages which are not otherwise limited or excluded under this Contract, shall be limited to 100% of the price of the Contract price which has given rise to the claim Except as provided in clause 16.1, the Company shall not be liable to the Customer under or in connection with this Contract, whether in contract, tort (including negligence), misrepresentation (other than where made fraudulently), breach of statutory duty or otherwise for any loss of business, contracts, profits, anticipated savings, goodwill, or revenue; or for any indirect or consequential loss whatsoever incurred by the Customer, whether or not the Customer has been advised in advance of the possibility of any such loss. Local laws and Licences: 17. Local Licences: The Customer is solely responsible for obtaining any licence, qualification or other authority, which may be required for the safe and legal operation of the Equipment hired and agrees to abide by all legal guidelines relating to the installation and operation of the Equipment. Termination and Force Majeure: 18. may terminate the Contract, either immediately or at any time within three months after that by notice to the Customer if the Customer: Fails to pay any Rentals or other sums payable under the Contract or under any other agreement between the Customer and, in full within 14 days of such sums becoming due (whether demanded or not) Commits a breach of any of the other terms and conditions of the Contract (whether express or implied Does or causes to be done any thing, which in the opinion of The Stage Management Company (UK) Ltd may jeopardise s rights in the Equipment Is involved in any legal process (whether directly or indirectly) that results in a levy on or against any of the hired Equipment, or against any premises where the Equipment is, or against any of the Customer s goods or other property, or the Customer permits any judgement against it to remain unsatisfied for seven days Suffers an interim order (as an individual) under the Insolvency Act or enters into a voluntary arrangement or suffers the making of a statutory demand or the presentation of a petition for a bankruptcy order Enters into any liquidation, calls any meeting of its creditors, or has a receiver or administrative receiver appointed of all or any of its undertaking or assets, or suffers the appointment or the presentation of a petition for the appointment of an administrator, or is deemed by virtue of Section 123 of the Insolvency Act to be unable to pay its debts.

6 19. No order that has been accepted by the Company may be cancelled by the Customer except with the prior agreement in writing by the Company and on terms that the Customer shall indemnify the Company in full against all loss (including loss of profit), costs, damages, charges and expenses incurred by the Company as a result of cancellation. 20. Without prejudice to any other right or remedy available to the Company in the event of the cancellation of an order by the Customer the Company reserves the right to make a cancellation charge as follows:- Notice Given of Cancellation % of Total Equipment and/or Service Charges 8 days 25% of total project cost 7-2 days 50% of total project cost Less than 48 hours 75% of total project cost 21. Force Majeure: is not liable for any failure to supply Equipment or service where that failure is wholly caused by an event that could not reasonably have been foreseen, forestalled or prevented. This may include (but is not limited to) acts of war, terrorism, acts of god or natural disasters. General provisions: 22.The Customer is advised not to use any original copyright protected materials on or in connection with the use of the Company s Equipment, including, but not limited to any Lighting Design and or Design of Creative Works including the broadcast of copyrighted materials in a public area. 23. All rights in and to any design conceived by the Company in the provision of services for the Customer shall be and shall remain the creation and property of the Company. No changes shall be made to or any recording taken, either photographically or by means of film or moving image, of any design or creation without the Company s prior written approval. The Company shall reserve the right to charge a fee for this use as deemed appropriate. 24. The Company are hereby identified as the creator of all its creative works in accordance with Section 77 of the Copyright, Designs and Patents Act The Company shall receive free billing and/or logo and business advertising in all relevant promotional material including advertising material, souvenir brochures, programmes and events acknowledgment sheets. 26.The Company reserves the right to sub contact wholly or in part any part of the Contract to any third party. The Directors and other key personnel may also, in the event of illness or injury, substitute other appropriate workers to carry out the whole or any part of the Contract. 27. Subject to clause 26, neither party shall be permitted to assign its rights or obligations under this Contract without the prior written consent of the other. 28. A person who is not a party to the Contract shall not have any rights under or in connection with it. 29. This Contract may be executed in any number of counterparts, each of which, when executed and delivered, shall be an original, and all the counterparts together shall constitute one and the same instrument. 30. If any wording in any provision of this Contract shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable the invalidity or unenforceability of such wording shall not affect the remainder of this Contract and the remainder of such provision and all other provisions not affected by such invalidity or unenforceability shall remain in full force and effect.

7 31. The failure of either party to insist upon strict performance of any provision of this Contract, or the failure of either party to exercise, or any delay in exercising, any right or remedy shall not constitute a waiver of that right or remedy and shall not cause a diminution of the obligations established by this Contract. 32. This Contract, together with the written quotation and description of services and/or Equipment hire provided by the Company, supersedes all previous conditions, understandings, commitments, contracts or representations (other than fraudulent misrepresentations) whatsoever whether oral or written relating to the subject matter of this Contract and constitutes the entire agreement between the parties relating to the subject matter of this Contract. 33. English law shall apply to the Contract and the parties hereby agree to submit to the exclusive jurisdiction of the English Courts in relation to any dispute that arises under the Contract. All updated versions of Terms and Conditions can be viewed online at our website. I confirm that I am authorised on behalf of the Customer to have read, understood and accepted the terms of business outlined above and agree to abide by these terms and conditions throughout the hire period between the Customer and Stage Management Company. I understand that failure to adhere to any of the terms and conditions will be seen as a breach of contract and suitable action taken. Please note that even in the absence of a signed returned copy of this document, these Terms and Conditions shall apply to the performance of any services and/or hire of Equipment from the Company. (signature) PRINT NAME: DATE: