Terms and Conditions

Terms and Conditions of Hire

Definitions

• In the Terms and Conditions the following expressions shall have the following meanings:

• “the Company” shall mean UK Productions Ltd

• “the Hirer” means the individual, firm, organisation or corporation with whom the Contract is made by the Company

• “the Contract” means this document and any other written document relating thereto duly signed by both parties and if there shall be any inconsistency between the documents, they shall have precedence in the order herein listed.

General

• These Terms and Conditions shall form the basis of the entire Agreement between the parties and no variations or additions shall be made unless agreed between the parties in writing.

• This Agreement is made in England and is governed by English Law and the parties agree to submit to the exclusive jurisdiction of the English courts as regards any claim, dispute or matter arising out of or relating to this Agreement.

Commencement

• The Hire Period begins on the date shown in the hire contract and continues for the period specified in the hire contract unless otherwise determined as provided in this agreement.

• At the end of the noted Hire Period, the Hirer shall immediately return the Costumes, Accessories, Scenery or Props to the Company at the address in the hire contract.

• If the Hirer fails to do so, the Company shall be entitled to retake possession of the Costumes, Accessories, Scenery or Props; and the Hirer shall, on demand, pay to the Company rental in respect of the Costumes, Accessories, Scenery or Props at the rate of double the normal weekly Hire Charge or at such other rate if specified in the hire contract, for each week or part week from the date of expiry of the Agreement to the date of repossession.

Payment

1. A booking fee of 1/3 of the hire fee is payable on booking, with the full hire cost plus damage deposit to be paid 28 days before the period of hire, unless the company agreed otherwise in writing.  The damage deposit, after the safe and satisfactory return of the costumes, will be reimbursed in full.  If payment is not received in accordance with the agreed terms, the Company may cancel the hire and levy a cancellation charge.  
2. The Hirer shall pay on time to the Company the charges set out in the hire contract and always before the Costumes, Accessories, Scenery or Props leave the Company’s premises.
3. Once the Hirer removes the Costumes, Accessories, Scenery or Props from the Company’s premises, the Hire Fee cannot be refunded.

Damage Deposit

• The payment of a damage deposit will be in place before the Costumes, Accessories, Scenery or Props leave The Company’ premises.

• The Company shall be entitled to take from the damage deposit any amounts due to them from the Hirer as a result of non-payment, loss or damage to the Costumes, Accessories, Scenery or Props and Costumes, Accessories, Scenery or Props being returned after the due return date.

• Where an amount is to be taken from the damage deposit, the Company shall notify the Hirer at the address stated in the hire contract by the Hirer.

Interest

• Interest is payable by the Hirer on overdue instalments and on all other sums payable or which become payable under this Agreement, which are unpaid by the due date.

• Interest is calculated from the due date to the date of payment at a rate of 4% above the Bank of England base lending rate for sterling from time to time prevailing.

• Any interest payable under clause 13 above shall run from day to day and shall be accounted for after as well as before any adjustments.

Cancellation by Hirer

• If the Hirer wishes to cancel any confirmed hire, the following scale of charges will apply in relation to the total hire charge:

• 150 days before the hire commences – 10% of the hire charge

• 120 days before the hire commences – 25% of the hire charge

• 90 days before the hire commences – 50% of the hire charge

• 60 days or less before the hire commences – 100% of the hire charge

Cancellation by the Company

1. In the event of an emergency or other  unforeseen circumstances which prevents the operation of the hire, the Company may return all monies paid and, without further liability, cancel the contract. However, the Company will make all reasonable efforts to fulfil the hire, in consultation with the Hirer where possible.

Insolvency

• In the event of the Hirer becoming insolvent or committing an act of bankruptcy this hiring shall come to an end without notice and the Costumes, Accessories, Scenery or Props shall no longer be in the Hirer’s possession with the consent of the Company and the Company shall be entitled to enter upon the Hirer’s premises or any other premises where the Costumes, Accessories, Scenery or Props are held in order to retake possession of the Costumes, Accessories, Scenery or Props.  All costs and expenses reasonably incurred in connection with such recovery shall be paid by the Hirer.

Covenants of the Hirer

• The Hirer agrees with UK Productions as follows:

• to be solely responsible for the Costumes, Accessories, Scenery or Props to their full replacement value or to the value as specified at the time of hire, at all times from the moment the Costumes, Accessories, Scenery or Props leave the premises of the Company until their return to the Company’s premises or as the Company shall direct;

• to take proper care of the Costumes, Accessories, Scenery or Props and to take responsibility for all loss and damage to the Costumes, Accessories, Scenery or Props howsoever caused during the period of hire;

• to be responsible for the delivery of the Costumes, Accessories, Scenery or Props from and to the Company premises.  The Hirer remains responsible for delivery where the Company makes arrangements for delivery as agent on behalf of the Hirer;

• to use the Costumes, Accessories, Scenery or Props for the purpose expressly indicated to the Company at the time of order and not for any other purpose except by agreement with the Company;

1. not to damage the Costumes, Accessories, Scenery or Props or permit them to be damaged in any way;
2. not to make any amendments, modifications or additions to the Costumes, Accessories, Scenery or Props or alter them in any way;
3. to not launder Costumes under any circumstances unless advised by the Company;
4. to ensure that no smoking, eating or drinking or anything but water takes place in Costume;
5. in the case of excessive staining and soiling, the damage deposit will be kept until the item is laundered and the Company is satisfied that the item can be restored to its original condition.  This will be confirmed within one week;
6. take care in the hire process as the Company will provide measurements for all individual Costumes hired, should the garments later be deemed to be unsuitable or ill-fitting, a refund will not be given;
7. to permit the Company and any person duly authorised by the Company at all reasonable time to inspect the Costumes, Accessories, Scenery or Props and for the purpose of carrying out the same, to have access to any premises where the Costumes, Accessories, Scenery or Props may be situated;
8. to keep the Costumes, Accessories, Scenery or Props at all times in the Hirers possession and control and not to remove or permit the removal of the same from the UK without the consent in writing of the Company;
9. to notify the Company immediately of any change of address and, upon the request of the Company, to notify the Company of the location of the Costumes, Accessories, Scenery or Props;
10. not to sell, assign, let, pledge, mortgage, charge, encumber, part with possession of or otherwise deal with the Costumes, Accessories, Scenery or Props or any interest therein nor to assign the benefit of this Agreement nor to create or to permit the creation of any lien on the Costumes, Accessories, Scenery or Props;
11. to keep the Costumes, Accessories, Scenery or Props free from any distraint, distress, execution or other legal process;
12. to insure the Costumes, Accessories, Scenery or Props to their full replacement value with a reputable insurance company against loss or damage by accident, fire and other such risks, if any, against which it is usual to insure Costumes, Accessories, Scenery or Props, and to provide proof of such to the Company;
13. to notify the Company immediately of any loss, or damage to the Costumes, Accessories, Scenery or Props and to pay the Company the full cost of the replacement or repair of the Costumes, Accessories, Scenery or Props.

Termination

1. Upon termination of this Agreement:

1. The Hirer shall return the Costumes, Accessories, Scenery or Props in good condition to the Company at the address in the hire contract or to such other place as the Company shall appoint.  If the Hirer fails to do this the Company shall be entitled without notice, to take repossession of the Costumes, Accessories, Scenery or Props;
2. The Hirer shall pay to the Company immediately or on demand, all arrears of rentals, interest and any other sums payable under this Agreement up to the date of termination including the costs of all repairs required to be done to the Costumes, Accessories, Scenery or Props in order to put them in good condition as well as the replacement costs of any item that cannot be repaired or is not returned.

Retentions

• When the Company agrees to retain for the Hirer particular Costumes, Accessories, Scenery or Props until a specified date, the Hirer agrees to pay the retention charges agreed between the Company and the Hirer: retention charges cannot be refunded.

Liabilities

• Upon the return of the Costumes, Accessories, Scenery or Props, the Company will as soon as practicable check the Costumes, Accessories, Scenery or Props within their Returns Department.  The Hirer is entitled to be present at the checking-in procedure at a time and date stipulated by the Company, but in the event that the Hirer is not present then the decision of the Company as to the accuracy of the checking in procedure is final and binding on the parties.  Any discrepancy will be communicated in writing to the Hirer as soon as practicable.

Force Majeure

• The Company shall not in any way be liable for any loss arising directly or indirectly by events over which the Company has no control including but not limited to, act of God or the Queen’s enemies invasion, exceptionally inclement weather, strikes whether official or unofficial, lock-outs or civil commotion or prohibitions imposed by Law or any Government or competent Authority including also neglect or default on the part of the carriers of from any consequential damage or loss resulting from such delay in or failure of delivery or otherwise.

Complaints

• Should there be an area of complaint about the Company’s services, the Hirer should seek to resolve the issue at the time by referring to the Supervisor or the Company.  If this does not provide a satisfactory remedy, a written complaint should be submitted within 14 days of the date of hire to the Company’s head office.  Complaints will be acknowledged within 10 working days, and the company will aim to resolve any complaint within 28 days of it being made.

Limitation of liability

• The liability of the Company to the Hirer for any loss or damage to the Hirer’s property arising from the negligence of the Company shall be limited to and in no circumstances shall exceed the Hire Fee for the Services.  All reasonable efforts are made to ensure that any Costumes, Accessories, Scenery or Props supplied are as comfortable and fit for the stated purpose as possible.  However, by their nature, some costumes may restrict visibility and movement and use of such costumes should be made in accordance with the following recommendations:

• Costume heads should not be worn for more than 20 minutes at a time;

• The wearer should be accompanied by a minder at all times;

• Unless specified by us, the wearer should not engage in any physical activity (other than walking), or make any sudden movements whilst wearing the costume.

Accordingly, (save in the event of death or personal injury caused by our negligence) the Company cannot accept any liability whatsoever which the Hirer, its employees, servants or agents may suffer, sustain or incur whilst the Costume, Accessories, Scenery or Props are in use and the Hirer hereby agrees to indemnify and keep indemnified the Company from and against all claims, actions or demands made by third parties against the Company, and all liabilities of the Company to third parties (collectively “Third Party Liabilities”), and from all damages, losses, costs expenses and payments whatsoever suffered, sustained or incurred by the Company either directly or in relation to Third Party Liabilities in respect of personal injury to or the death of any person and any loss or destruction of or damage to property (not attributable to any default or neglect of the Company or of any person for whom the Company is responsible) which shall have occurred in connection with the use of any Costumes, Accessories, Scenery of Props supplied.  (All warranties, conditions or other terms implied by statute, common law, trade usage or otherwise are excluded to the fullest extent permitted by law).

Contract

• This contract along with the terms and conditions provided represents the entire agreement between the Hirer, no oral or written communication between us before the date of this contract shall have any force.  Any agreed changes to this contract must be made in writing and signed by both parties.