Pitch and party Ts&Cs

Pitch and party LTD

Ts&Cs

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Pitch and Party LTD Terms and conditions

 

The items listed in the booking form have been hired out to the Hierer whom has confirmed they have read and understood the hire agreement set out in this document.

 

 

General Terms & Conditions of Hire

DEFINITIONS THE COMPANY' is Pitch and Party LTD and/or their subcontractors or agents. 'THE HIRER' is the person hiring the equipment from the Company. 'THE PERIOD OF HIRE' is understood to mean the period of which any equipment is required to be ready and available for use.

 

1. CONDITIONS

Unless stated in writing all orders are accepted subject to the Terms and Conditions of hiring stated below and the hirer by authorizing or allowing work to proceed is deemed to have acknowledged this.

 

2. SITE

(a) The Hire charges are based on the assumption that the site is a flat level firm ground with easy access for motor transport, and that no drains, cables or other services are buried beneath the surface or otherwise concealed. The Hire charges do not include any making good or repairing of damage to the site.

(b) The Hirer is required to provide the contractor with either a plan showing the position in which the marquees, tipis or equipment are to be erected or should have a representative on the site for that purpose. In the absence of both then the contractor having erected the marquees, tipis or equipment where he/she thinks fit shall be deemed to have completed the contract.

(c) The Hirer should never presume that any of Company's equipment will be attached or joined to any buildings within the site unless stated in the Company's booking forms. Likewise the Hirer should never presume that any other equipment is included in the Hire other than what is stated in the Company's booking forms.

 

3. HIRE CHARGES

The charges published in any of the Company's printed matter are for the guidance of the Hirers in estimating costs only and do not constitute an offer.

 

4. VARIATIONS

(a)The Company will use reasonable endeavours to supply the Hirer with the equipment ordered but where this is not possible the Company will notify the Hirer as soon as possible with any alterations to the design and specifications of the equipment.

(b) Where in unforeseen circumstance this notification is made on the day of the event, this will be discussed in with the hirer in handover.

(c) The company reserves the right to fully terminate the contract or remove any of the hired equipment, services and props after the deposit has been paid at any time.

(d) Where alteration is fundamental the Hirer may terminate this contract and any deposit paid will be refunded.

(e) The Hirer cannot claim for any additional administrational costs against the company where variations take place. This includes but is not limited to:

1. Paying the difference between the Company’s quoted cost, for hire of equipment canceled under this clause and that of an alternat supplier.

2. Paying for hirers ‘time’ under any circumstances.

3. Paying for any loss under any circumstances.

(f) The Hirer cannot claim for any loss of enjoyment from the company where variations take place.

(g)Where the hirer makes changes to the design, equipment and or specification after initially agreeing in full, additional charges will apply at a rate of 5% of the overall contract for each change.

(h) Change charges will be added to the last and final invoice.

 

5. PAYMENT

(a) The Hirer will take on the hire of the equipment for the fee as stated in the order confirmation and or booking form. The Hirer shall pay to the Company a deposit of 50%, unless otherwise stated in the Contract of Hire, and must be paid prior to the company acknowledging the order.

(b) The Hirer shall pay the Company the outstanding 50% at least 21 days prior to the date of the function unless stated otherwise on the Order Confirmation.

(c) Where payment is late the Company can either:

1. Apply a late payment charge of 2% of the overall hire for each day the payment is late.

2. Choose to terminate the contract applying compensation rates outlined in clause 15 and request payment.

(d)Where the hirer cancels elements of an order after the deposit have been paid clause 15 applies.

 

6. DAMAGE WAIVER

(a) The Hirer shall be responsible for and indemnify the company against any loss of or damage to all hired equipment whatsoever the cause.

(b) The Hirer must provide to the company proof of having arranged insurance in their name for their hired equipment at least 7 days prior to the delivery date of the equipment (tipis , marquees and castles). It is not the company’s responsibility to chase this information and if the documents have not been sent to the company, the company can either:

1. Continue with the hire, where the client shall be responsible for and indemnify the company against any loss of or damage to all hired equipment whatsoever the cause. Payment for such losses to be made within 14days of request from the company. Weather the Hirer has taken out insurance or not.

2. Terminate the contract and request full payment.

(c) Upon payment of the 'Damage Waiver Fee' referred to on the quotation then the above clauses 6 (a) and (b) will not apply, subject to the Client reporting any loss or damage arising from fire, theft or vandalism being reported to the police immediately upon discovery and to the Company within 24 hours. Please note that the client will remain responsible for the first £2000 of any loss, and responsible for any loss or damage from their negligence or legal liability.

(d) The Hirer must be satisfied with the equipment before use and should notify the Company of any miscounts, incorrect deliveries or unacceptable equipment before use.

 

7. UNDERGROUND SERVICES DISCLOSURE

Where a Tipi or Castle is to be staked in to the ground, before delivery the customer/client/hirer must provide the company with written confirmation that there are no underground services on the site where the marquee is to be erected, or with an accurate plan showing the location of any underground services. If the customer/client/hirer does not own the site, then it is their responsibility to obtain this written confirmation from the site owner. If there is any doubt as to where services are then the company will need to undertake a CAT scan, at the customers /client/hirer's expense, in order to minimise the risk of injury from the underground services. As CAT scans are guaranteed to locate all services, the company shall not be liable for any damage caused to any undetected underground services.

 

8. SECURITY

The Hirer is responsible for taking ‘reasonable care’ to ensure the security of the equipment. This includes consideration of; Vandalism and the theft attractiveness and the portability of the equipment on site, the amount of equipment, the length of time it is to be left unattended, history of claims and/or break ins at the site or in the local area, the postcode area, the locality of houses and whether the occupants have an interest in the property. The extent of security to be undertaken is at the discretion of Pitch and Party and will be determined as soon as possible in order to give the Hirer reasonable time to organise the agreed security measures.

 

9. THE HIRERS RESPONSIBILITY

(a) The Hirer should not enter the marquees, tents or castles while the Company is erecting.

(b) The Hirer should keep any part of the equipment that is a framed structure or a tent completely closed and secure while not in use during the period of hire.

(c) The Hirer should not tamper with a structure (tipi and Marquees) or any part of the equipment and in particular not affix or suspend from the equipment any item whatsoever without written consent of the Company.

(d) The Hirer should not use any lighting, heating, cooking or other gas or electrical appliances of any kind without the previous written consent of the Company.

(e) The Hirer is responsible for giving notice to or obtaining permits from any authorities who are or may be concerned and must take application where necessary to the Planning Authority, District Surveyor, Police, Fire Brigade and any similar authority or organisation. Any costs incurred in delays or modifications in the work arising from the absence or misrepresentation of all such necessary permissions and permits shall be payable to the Company by the Hirer. Where appropriate, the Hirer must obtain a license from the Local Authority. Any requirements under the license must be notified to us in writing, at least 28 days prior to erection. Should the Company for any reason be unable to comply with these requirements, then the Contract will become void and the customer advised accordingly.

 

10. LIABILITY TO THIRD PARTIES

The Company will not be responsible for and the Hirer will indemnify the Company against all claims for the injury to persons or loss or damage to property howsoever caused.

 

11. ERECTION AND DISMANTLING

The Company normally provides labour for the erection and dismantling and the cost there of is included in the Hire charges. Only in exceptional circumstances and by special arrangement will the Company allow the Hirer to erect and/or dismantle the Company's property.

 

12. ATTENDANCE

The Hire charges do not include attendance by the Company's men or women during the event, only during the actual processes of erecting and dismantling the equipment unless otherwise listed in the booking form.

 

13. FORCE MAJEURE

While every effort will be made by the Company to carry out any accepted order, the full performance is subject to variation or cancellation by the Company consequent upon Act of God, War, Strikes, Riots, Lockouts or any other disturbances. Fire, Flood, Storm, Gale or Tempest restrictions on the use of Transport, Fuel or Power. Requisitioning Storage of material or transport or labour or any other cause beyond the control of the Company.

 

14. CONTRACT

No verbal representations or arrangements are recognised by the Company. A booking may only be deemed valid once the Hirer is in receipt of a booking confirmation from the Company. The Company will provide a booking confirmation subject to availability and on receipt of a full deposit from the Hirer and signed terms and conditions. Should the Company not have availability then the deposit will be returned to the Hirer.

 

15. CANCELLATION

(a)Should the Hirer wish to fully terminate the contract or remove any of the hired items, services/ props after the deposit has been paid, then the following compensation rates will be charged to the Hirer by the Company; - 50% of the Hire price for notice more than 28 days prior to the Hire period - 65% of the Hire price for notice between 7 and 28 days prior to the Hire period - 100% of the Hire price for notice less than 7 days prior to the Hire period.

(b)The company reserves the right to fully terminate the contract or remove any of the hired equipment, services and props after the deposit has been paid at any time.

(c) Where alteration is fundamental the Hirer may terminate this contract and any deposit paid will be refunded.

(d) The Hirer cannot claim for any additional administrational costs against the company where variations take place.

(e) The Hirer cannot claim for any loss of enjoyment from the company where variations take place.

(f)Where the hirer makes changes to the design and specification after initially agreeing in full, additional charges will apply at a rate of 5% of the overall contract for each change.

 

16. AGREED DATES OF HIRE

(a)The Items are hired only for the dates listed on the contract and or booking form, should the hirer like to change or extent these dates they must first contact the Pitch and Party Team giving at least 7 days’ notice of delivery.

(b) Deposits paid are non-refundable and protect both the hirer and company. These items are hired as props, or shelters therefore Children should be supervised at all times.

 

17. HANDOVER

(a) The Company require a handover. The handover shell take place once all of the equipment has been set up as per the booking form.

 

(b) At the handover the following will take place:

i.          The Company shell advise the hirer on how the equipment has been erected.

ii.         The Company shell advise the hirer on how the equipment should be used.

iii.         The Company will advise the hirer on any health and safety requirements.

iv.        The Company will remind the hirer of their responsibilities within the hire agreement.

v.         The Company shell advise the hirer on any variations to the contract.

vi.        The Hirer will confirm that they are satisfied with how the equipment has been set up.

vii.       The Hirer will confirm they are in full understanding of how the equipment shell be used.

viii.      The Hirer will confirm they are in full understanding of any health and safety requirements.

ix.        The Hirer will confirm they are in full understanding of their responsibilities under the hire agreement. 

x.         The hirer will sign off and the handover will be complete.

 

(c)Where the hirer is not satisfied with the equipment or variation to the contract and will not sign off the handover. The Company will use reasonable endeavors to rectify the situation or offer of partial refund as a gesture of goodwill. Where the company does not agree with the hirers request or refusal of sign off, the company has the right to remove equipment with the request of full payment from the hirer.

(d)Failure to attend handover by the Hirer is a breach of contract. If this breach occurs The Company will give the Hirer 20 minutes grace, unless stated otherwise in the booking from. After this time the handover paperwork will be completed as a No Show (breach) and therefor full sign off of all areas will be completed by the Company as satisfactory.

(e)Where a No Show occurs, the terms and conditions within this document stand to protect the company.

 The hirer therefore cannot:

xi.        Request an additional handover from the Company.

xii.        Raise a compliant with the equipment set up by the Company. 

xiii.       Request to terminate the contract with the Company.

xiv.      Request any refund from the Company.

xv.       Request any additional administrational expenses from the Company.

xvi.      Request any additional compensation such as loss of enjoyment from the Company.   

(f) where the hirer no longer requires the services of the company, the hirer must notify the Company. The company will then remove the equipment with the request of full payment for the contract.

 

17. CALL OUT

(a) Once items are set up and Pitch and Party Limited have left location the hire items are the responsibility of the client.  The client should use the items respectfully in order not to damage items. Any damage that could be categorised as exceeding general use such as, purposeful, accidental damage or water damage will be chargeable. The charge will match the degree of damage to associated item i.e. repair or replacement required as per damage waver.

(b)Where a client requires a call out to location after the initial set up of hired items, in such instances as damaged or faulty items, Pitch and Party Limited have the right to charge a call out charge of £100 + mileage.  Pitch and Party will only attend callouts from 9am until 4pm.

 

18. SAFETY

(a)Ensure that the following Safety Instructions and guides are followed:

(b)The Hirer is expected to have their own liability insurance when hiring any of our marquees, tipis, castles or props.

(c)The Client shall be responsible for and indemnify the company against any loss of or damage to all hired equipment whatsoever the cause.

 

i.          No hirer or member of the public should enter the structures why they are being erected.

ii.         No touching or movement of any of the lighting, sound or electrical equipment of any sort, unless stated otherwise in the booking form.

iii.         No face paints, party poppers, streamers, silly string or ink-based products to be used either on or near the equipment.

iv.        No food or drinks or gum to be allowed on or near the equipment, the bouncy castles, soft play props unless stated otherwise in the booking form.

v.         A responsible Adult must supervise the equipment at all times.

vi.        Alcohol or any other substance is forbidden whilst using or supervising the equipment.

vii.       No Horseplay, no hanging from structure. please ensure Children are not pushing, colliding, fighting or behaving in a manner likely to injure or cause distress to others.

viii.      No Somersaults on the couture castles are strictly forbidden as these are very dangerous on this type of equipment. The company take’s no responsibility for any injury caused whist using our equipment and you do so at your own risk.

ix.        No Fire or smoke should use either in or around the equipment unless otherwise stated in the booking form.

x.         No Cooking or Smoke of any kind should be use in or around the equipment unless otherwise stated in the booking form.

xi.        When marquees or tents are provided that once assembled the guide lines, ropes and weights are not touched by the client. These tents are not to be dismantled or rearrange in anyway without Pitch and Party Staff being present, unless stated otherwise in the booking form.

xii.        Castles are not to be used in wind speeds over 25mph.

xiii.       Castles should only be used when dry if used when wet, then this is at the persons or hirers own risk.

xiv.      No hanging from any of the equipment. Including the beams of marquees or tipis as this will damage the structure.

xv.       No additional decoration or equipment must be hung or joined to the tipi unless stated otherwise in the booking form.

 

(d)Please note if the equipment is collected in a dirty condition or damaged then the Hirer will incur a cleaning and, or repairing charge as per damage waver above.

(e)The Company take no responsibility for any injuries caused including but not limited to slips, trips or falls on any item/equipment supplied through the hire agreement. Warning broken or uninflated balloons may cause suffocation please keep out of reach of children.

 

19. EQUIPMENT

(a)All of our electrical equipment is PAT tested and passed with certificates available to view upon request (soft or hard copies).

(b)Any equipment that we may use which doesn’t have this PAT completed on them will be less than 12 months old so would not require a current PAT test. Further details on this are available on request (receipt of the equipment for proof that it’s less than 12 months old).

(c) Once the equipment I set up by the company the hirer shell not touch it, alter it or move it unless stated otherwise in the booking form.

(d) The Company will arrange the equipment for the environment present at the time of set up unless specified in the booking form.

(e)The Company takes no responsibility for any effects; environmental changes have on the equipment.

(f) The hirer is reasonable for any environmental changes and should have in place a plan and risk assessment to ensure these changes do not affect the hired equipment in any way.  

(g) The Company takes no responsibility for any weather conditions that may affect the use of the equipment.

(h) The hirer is reasonable for any weather conditions and should have in place a plan and risk assessment to ensure these changes do not affect the hired equipment in any way.  

(i) The hirer is responsible for the equipment in any weather conditions that arise that do not some under cause 19 a or b. the hirer should have a weather plan and risk assessment to ensure these changes do not affect the hired equipment in any way.  

(j) Where damaged occurs to the equipment due to miss use , environmental changes or weather clause 6 applies.

 

20. INSURANCE

(a)The Company have public liability and professional indemnity cover if and when required by venues for viewing in soft and hard copies when supplying props and balloons.

(b) The company requires for hire of tipis, marquees, castles and props that the Hirer have their own liability insurance as pitch and party take no responsibility for any injury cause or damage caused.

(c) The Hirer shall be responsible for and indemnify the company against any loss of or damage to all hired equipment whatsoever the cause.

(d) The Hirer shall be responsible for and indemnify the company against any claim that may arise from a third party. 

 

21. LIGHTING

The Company may use lighting equipment to help create an atmosphere for the event. This lighting may bright colours, movement and sometimes flashing. It is the Hirers responsibility to ensure guests aware of this. As it has been known that flashing and moving lighting can bring on seizures in people suffering with some medical conditions.

 

22. SAFE ACCESS

(a) The Hirer is responsible for clearing a safe access to area set up.

(b)The Hirer is responsible for the area in which the setup is to take place, this should be clear, clean and safe.

(c) The Company’s staff members will not move Road furniture, house hold objects or any equipment belonging to the hirer or any other third party. This is the responsibility of the hirer.

(d) If the company’s staff members feel the space or location is not acceptable or they are not safe, reserve the right to refuse set up.

 

23. WEATHER

(a) In circumstances of extreme weather conditions, The Company reserve the right to cancel the booking with less than 24hours notice.

(b) In the above circumstances the hirer will be offered a change of date if applicable, alternative services or a partial refund as a gesture of good will.  

(c) The Company takes no responsibility for any weather conditions that may affect the use of the equipment. The hirer is reasonable for the equipment in any weather conditions that arise whilst hired under the agreement and should have in place a plan, including a risk assessment to ensure these changes do not affect the hired equipment in any way.  

(d) The Company takes no responsibility for any effects; environmental changes have on the equipment. The hirer is reasonable for any environmental changes that could take place and should have in place a plan including a risk assessment to ensure these changes do not affect the hired equipment in any way.  

 

24. SPELLING MISTAKES, TYPOS AND GRAMMATICAL ERRORS

(a) the company takes not responsibility for any spelling mistakes, typos or grammatical errors in any printed text, signage or written material supplied by the company.

 

25. FOOD REQUIREMENTS

(a)The Company uses third parties to provide food. The third party is responsible for food supplied through the contract.

(b) The third party will indemnify the Company against all claims against the food element of the event.

(c)The Third party will be advised to the customer or hirer in their booking form.

(d) All food is supplied directly from the third party and therefore all food preparation is the reasonability of the third party.

(e) information and the registration of the company can be seen on https://ratings.food.gov.uk/business/en-gb/1278441/Pitch-and-Party-Balsall-Common.

Upon booking client will have been asked to advise any dietary requirements including allergies. All foods will be prepared to this requirement. therefore, it is the client’s responsibility to advise all requirements and ensure all guest with are aware of to which requirements the foods have been prepared to.

(f) If an incident occurs and the Company is not liable. All products supplied if not advised otherwise may contain nuts.

 

26. IMAGES

(a)Where taken on public property all images taken by the Company, or affiliated photographers are owned by the Company and or their affiliated photographers. therefore, can be used for all and any marketing.

(b) Where taken on private property, all images will be taken with the land owner's permission. The images are then owned by the Company or affiliated photographers, Therefore, with consent from the landowner, these images can be used for all and any marketing.

(c) Where The Company does not own an image but would like to use the image for its own marketing, the company will obtain the permission from the creator and will gain a copyright licence for the image before use.

(d) Where the company has followed clauses a, b and c and a complaint is formally put to the company where a person’s face is visible and is recognisable, the Company reserves the right to the following options:

i.          Continued use of the image under both privacy and copy right law.

ii.         May choose to obscure the image so that the person is no longer recognisable.

iii.         No longer use the image.

This decision however is at the discretion of the company.

 

27. Entertainment

(a)The Company uses third parties to provide entertainment. The third party is responsible any loss or damages caused by the performer or performers.

 

28. LOSS OF ENJOYMENT

(a) the Hirer’s enjoyment does not from part of this contract.

(b) Any Third party’s enjoyment does not from part of this contract.

(b) Under no circumstances whatsoever will the company provide any compensation for loss of enjoyment.

 

29. DISCLAIMER

All persons using this equipment do so at their own risk.

(a)The Hirer shall be responsible for and indemnify the company against any loss of or damage to all hired equipment whatsoever the cause.

(b)The Hirer or organisation hiring this equipment will be responsible/liable for any damage or injury occurring from using the equipment or as a result of misuse or reckless use. The Hirer should notify all persons using the equipment do so at their own risk.

(c)By providing approval and or paying a deposit or collecting the items the hirer agrees and take fully responsibility.

(d)The guidelines are for the safety of all people using this equipment, and it is the sole responsibility of the hirer to ensure they are fully adhered to at all times.

The persons hiring the equipment is after the equipment is installed/erected , signed off by Pitch an and Party , fully liable.

 (e) The Company cannot accept any responsibility for any injury caused to anyone using this equipment.

 

by ticking the box on the booking form or by paying the deposit, you as the hirer agree and accept all the above terms.

 

I the Hirer hereby agree have read the above agreement and fully understand and accept the conditions as above. I am aware that whilst in my care I am fully responsible for the equipment and will pay for any loss or damage that may occur, this will include the equipment being returned in an unacceptable condition, i.e.: If it is in a dirty or muddy condition, I will be expected to pay an additional cleaning charge. I will check with the operator that the equipment, has been erected and secured properly. After doing so I take full responsibility and liability for the equipment and for any damage or injury.

 

In the circumstances that I, the hirer have collected the equipment, I agree I have been trained in the correct assembly, I am able to erected and secure properly as  well as dis-assemble the equipment. Therefore, from the time of my collection I take full responsibility and liability for any damage or injury.

 

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