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For full Terms & Conditions, please ask your Theme Studio contact.

By signing these abbreviated Hire Terms & Conditions, you agree to the

full Terms & Conditions.

 

EVENT CANCELLATION

Cancellation of any event within 12 months of the first day of the hire period will incur percentage cancellation fees of the Rental

Invoice Total and are detailed below:

_ Between 6 & 12 months – 10%

_ Less than 6 months & more than 28 days before the first day of the hire period – 50%

_ Less than 28 days & more than 14 days – 75%

_ Less than 14 days - 100%

_ No notice of cancellation given – 100%

 

General Hire

1. All quoted prices are subject to standard rate of VAT at 20 %

2. A non-refundable deposit may be required to secure any hired items.

3. Installation and set up of props is NOT INCLUDED in our basic hire prices.

4. Extended hire charges will be applied to items not returned within the agreed time and will be charged on a pro rata basis.

5. Hire charges are payable even if items are returned as unused.

6. It is highly recommended that all items should be insured comprehensively by the hirer, from the time they leave our premises to when they are returned to Theme Studio premises.

7. The hirer assumes all responsibilities and liabilities once items have left Theme Studio premises.

8. The hirer undertakes all safety measures for hired goods in compliance with safety and fire regulations.

9. It is essential Health and Safety practice to keep all items away from heat sources as flammable materials may have been used in the manufacture of hire stock.

10. Unless agreed by Theme Studio in advance, all props are for indoor use only, any items used outside are done so entirely at the hirers risk.

11. Electrical items should be tested by hirer prior to event usage.

12. All electrical items are fitted with a 1m cable. If a longer cable is required, it is the client’s responsibility to provide extension leads.

13. All props are used and therefore reasonable signs of wear and tear will show as they are continual hire items.

14. We reserve the right to replace props with a substitute in the event of unavailability.

15. All shortages, damages and losses will be charged for, so please take adequate care to ensure that all loaned items are returned in the condition in which they arrived.

Delivery terms –IMPORTANT –Please note the terms

relating to the delivery service applicable to your event

16. Theme Studio has the right to change delivery/collection dates/times where necessary.

17. Theme Studio cannot be held financially responsible for any expense incurred between client & venue with regards to prop storage.

 

3rd party TNT delivery (applies to small posted props)

18. Posted props will be sent via TNT on a standard next day service & will arrive anytime between 9-5.30 Mon-Fri unless otherwise agreed.

19. Props must be re-packaged exactly as delivered & be available to collect anytime from 9am-5.30pm on the arranged collection date.

20. You are responsible for ensuring that props are available for collection at any point during the collection date.

21. Failed collections will be charged for at £7.50.

 

22. Deliveries and collections will take place anytime between 9am and 5.50pm on the days of delivery and collection unless otherwise agreed.

23. There must be a site contact available at all times during the delivery and collection days to sign for both the delivery and collection. You must provide us with the name of this person/s

24. If the driver cannot locate gain access to the drop-off or collection point, or fails to locate the site contact, or fails to

obtain a signature then the driver will not deliver/collect the pallet box.

25. All failed deliveries and collections will be charged for.

26. All damages as a result of insufficient re-packing or any missing props will be charged for.

..

Van deliveries

Standard van delivery & collection

27. All deliveries are to ground floor loading bay by one man only. Help will be required for offloading.

28. For dry hire deliveries and collections: all props must be moved by you to one location within the loading bay. Help will be required in uploading the props. We reserve the right to charge you additionally if our driver has to disassemble the props or remove them from more than one location or transport them over different floors or rooms.

29. Any failed deliveries and collections will be charged for.

30. Deliveries and collections and collections will be made within a four hour time frame between 9am-5pm Mon-Friday unless otherwise agreed.

31. Any unloading/loading to an area other than a specified loading bay which results in a parking penalty is payable by the client.

32. You must provide a representative to meet the driver at delivery and collection.

33. If you are not present for delivery or collection then our delivery note is final.

Installation

34. Installation at a venue is quoted and charged for separately.

35. If Theme Studio is installing props, you are responsible for allowing sufficient time and access to the venue for set up.

36. We will use our artistic license in installing the props and we reserve the right to substitute props in the event of unavailability.

 

Theme Studio is a trading name of  STUDIO 50 Limited, incorporated in England and Wales,

registered number 6375128,  Registered Address: 1 Long Street Tetbury, Gloucestershire GL8 8LA

 

 

 

1. General Hire

 

1.1 All quoted prices are subject to standard rate of VAT at 20 %

1.2  A non-refundable deposit may be required to secure any hired items.

1.3 Installation and set up of props is NOT INCLUDED in our basic hire prices.

1.4 Extended hire charges will be applied to items not returned within the agreed time and will be charged on a pro rata basis.

1.5  Hire charges are payable even if items are returned as unused.

1.6  It is highly recommended that all items should be insured comprehensively by the hirer, from the time they leave our premises to when they are returned to Theme Studio premises.

1.7 The hirer assumes all responsibilities and liabilities once items have left Theme Studio premises.

1.8  The hirer undertakes all safety measures for hired goods in compliance with safety and fire regulations.

1.9 It is essential Health and Safety practice to keep all items away from heat sources as flammable materials may have been used in the manufacture of hire stock.

1.10 Unless agreed by Theme Studio in advance, all props are for indoor use only, any items used outside are done so entirely at the hirers risk.

1.11 Electrical items should be tested by hirer prior to event usage.

1.12 All electrical items are fitted with a 1m cable. If a longer cable is required, it is the client’s responsibility to provide extension leads.

1.13 All props are used and therefore reasonable signs of wear and tear will show as they are continual hire items.

1.14 We reserve the right to replace props with a substitute in the event of unavailability.

1.15 All shortages, damages and losses will be charged for, so please take adequate care to ensure that all loaned items are returned in the condition in which they arrived.

Delivery terms –

IMPORTANT –Please note the terms relating to the delivery service applicable to your event

1.16 Theme Studio has the right to change delivery/collection dates/times where necessary.

1.17 Theme Studio cannot be held financially responsible for any expense incurred between client & venue with regards to prop storage.

 

3rd party TNT delivery (applies to small posted props)

1.18 Posted props will be sent via TNT on a standard next day service & will arrive anytime between 9-5.30 Mon-Fri unless otherwise agreed.

1.19 Props must be re-packaged exactly as delivered & be available to collect anytime from 9am-5.30pm on the arranged collection date.

1.20 You are responsible for ensuring that props are available for collection at any point during the collection date.

1.21 Failed collections will be charged for at £7.50.

 

1.22 Deliveries and collections will take place anytime between 9am and 5.50pm on the days of delivery and collection unless otherwise agreed.

1.23 There must be a site contact available at all times during the delivery and collection days to sign for both the delivery and collection. You must provide us with the name of this person/s

1.24. If the driver cannot locate gain access to the drop-off or collection point, or fails to locate the site contact, or fails to

obtain a signature then the driver will not deliver/collect the pallet box.

1.25. All failed deliveries and collections will be charged for.

26. All damages as a result of insufficient re-packing or any missing props will be charged for.

..

Van deliveries

Standard van delivery & collection

1.27. All deliveries are to ground floor loading bay by one man only. Help will be required for offloading.

1.28. For dry hire deliveries and collections: all props must be moved by you to one location within the loading bay. Help will be required in uploading the props. We reserve the right to charge you additionally if our driver has to disassemble the props or remove them from more than one location or transport them over different floors or rooms.

1.29. Any failed deliveries and collections will be charged for.

1.30. Deliveries and collections and collections will be made within a four hour time frame between 9am-5pm Mon-Friday unless otherwise agreed.

1.31. Any unloading/loading to an area other than a specified loading bay which results in a parking penalty is payable by the client.

1.32. You must provide a representative to meet the driver at delivery and collection.

1.33. If you are not present for delivery or collection then our delivery note is final.

Installation

1.34. Installation at a venue is quoted and charged for separately.

1.35. If Theme Studio is installing props, you are responsible for allowing sufficient time and access to the venue for set up.

1.36. We will use our artistic license in installing the props and we reserve the right to substitute props in the event of unavailability.

 

Theme Studio is a trading name of  STUDIO 50 Limited, incorporated in England and Wales,

registered number 6375128,  Registered Address: 1 Long Street Tetbury, Gloucestershire GL8 8LA

 


2 THE CONTRACT

2.1 The Acknowledgement forms part of the Contract and shall have effect as if set out in full in the body of these Terms.
2.2 These Terms and the Acknowledgement contain the only terms and conditions which shall apply to the provision of the Services by Theme Studio to the Customer to the entire exclusion of all other terms and conditions.
2.3 Any prices shown on Theme Studio’ website or literature and any quotations provided by Theme Studio do not constitute a legally binding offer by Theme Studio. 2.4 The Contract shall come into force when Theme Studio sends an Acknowledgement to the Customer subject to the Customer obtaining necessary Approvals as provided in clause 4.2.


3 PERFORMANCE BY THEME STUDIO

3.1 The Customer agrees that the supply of the Services will be subject to Theme Studio’ reasonable artistic licence and interpretation.
3.2 The provision of Props and Installation Services is subject to availability and Theme Studio reserves the right to provide reasonable alternative Props and/or Services in the case of unavailability of the Props and/or Services specified in the Acknowledgement.
3.3 The Customer agrees that Theme Studio may, without liability, omit, change or move any element of the Services as Theme Studio reasonably considers necessary on the grounds of health and safety.
3.4 If Theme Studio has agreed to deliver and collect the Props under Hire, delivery and collection shall take place at a ground floor loading bay of the Venue (subject to clause 4.4) by one delivery person unless otherwise agreed by Theme Studio in advance.
3.5 If the Customer is not present when the Props or Installation Services are collected or delivered, Theme Studio’ delivery or collection note (as relevant) will be conclusive evidence of the amount of Props collected or delivered and the quality or state of such Props.


4 OBLIGATIONS AND ACKNOWLEDGEMENTS OF THE CUSTOMER
4.1 The Customer shall ensure that the Venue is suitable for the Services including but not limited to the size of the Venue, and the technical facilities available to accommodate provision of the Services by Theme Studio.
4.2 The Customer shall ensure that any approvals, permission or consents, that may be required in relation to the performance of the Contract (“Approvals”), shall be acquired before the Commencement Date and evidence of such provided to Theme Studio on request.
4.3 If the Customer is arranging collection of the Props from Theme Studio’ premises, the Customer shall ensure that suitable transport is provided for the collection of such Props and Theme Studio reserves the right to refuse to release the Props if in its reasonable opinion such transport is unsuitable or inadequate.
4.4 In the case of Installation Services and in the case of Hire, where Theme Studio is responsible for delivery and/or collection of the Props, if traffic regulations or similar provisions prohibit access to the ground floor loading bay of the Venue, the Customer must ensure that alternative arrangements are made for the delivery and/or collection (as appropriate) to provide safe and suitable access at the point of delivery.
4.5 The Customer shall ensure that the Props are:
4.5.1 only used indoors unless otherwise stated or agreed in writing in advance by Theme Studio;
4.5.2 kept away from direct heat sources and the Customer acknowledges and agrees that flammable materials may have been used in the production of the Props.
4.6 In the case of the Installation Services, the Customer shall:
4.6.1 provide full and accurate technical details of the Venue and access to the Venue as required by Theme Studio prior to the Commencement Date. Theme Studio shall be entitled to terminate the Contract without liability if, in Theme Studio’ reasonable opinion, the results of those technical details are unsatisfactory;
4.6.2 ensure that Theme Studio is provided with safe and reasonable access to the Venue to carry out the Installation Services including but not limited to ensuring that all health and safety and fire regulations have been met; and
4.6.3 where appropriate, make available to Theme Studio such facilities including power supply and other support as may be reasonably necessary to assist Theme Studio in the performance of the Installation Services including off loading and uploading of the Props at delivery and collection.
4.7 In the case of Hire, the Customer shall:
4.7.1 provide assistance with off loading and uploading of the Props as required by Theme Studio;
4.7.2 ensure that all necessary measures are undertaken at the Venue to ensure that the Hire complies with relevant health and safety and fire regulations;
4.7.3 ensure that any Props of an electrical nature are tested prior to use and only used in conjunction with a Residual Current Device (RCD); and
4.7.4 return the Props cleaned by the Return Date repackaged and in the same condition as they left Theme Studio’ premises.
4.8 The Customer acknowledges that Props are not new and may have signs of reasonable wear and tear.
4.9 The Customer acknowledges that any dimensions supplied by Theme Studio in relation to the Props and Services are approximate only.
4.10 The Customer acknowledges that the Props remain the property of Theme Studio at all times. Risk in the Props shall pass to the Customer on despatch/delivery (whichever is earlier) and shall pass from the Customer to Theme Studio upon delivery back to Theme Studio.

 

 


5 PRICE AND PAYMENT
5.1 The Price shall be paid in cleared funds by the Customer no later than 7 Working Days prior to the Commencement Date.
5.2 The Price is net of Value Added Tax. The Customer shall pay Value Added Tax at the rate or such other prevailing rate in addition to the Price.
5.3 Theme Studio may increase the Price if the Customer changes the Venue or the Event Duration, which have been agreed with Theme Studio.
5.4 The Customer shall pay a deposit for the Services as set out in the Acknowledgement to cover the risk value of the Services (“Deposit”). Such Deposit shall be repaid to the Customer if and to the extent that it returns the Props on or before the relevant Return Date in the same condition as on the Commencement Date.
5.5 In the case of Hire:
5.5.1 the Price is for one Venue only. Additional Venues will be subject to an additional charge determinable by Theme Studio.
5.5.2 the Customer shall pay the Price, notwithstanding that Props may be returned unused;
5.5.3 if the Customer fails to return the Props on or before the Return Date, the Customer shall pay, in addition to the Price, hire charges at the daily rate payable under the Contract;
5.5.4 the cost of delivery to and collection from the Venue of the Props is not included in the Price but is payable in addition to the Price as set out in the Acknowledgement.
5.6 The Customer agrees that the Customer shall pay the Price notwithstanding that part or all of the Services are unable to be completed by Theme Studio as a result of access to the Venue or the time available to access the Venue being limited, failure of lifts or any other event occurring at the Venue which results in Theme Studio’ becoming unable to complete the Services.
5.7 If the Customer fails to pay any amount payable by it under these Terms, Theme Studio shall be entitled to charge the Customer interest on the overdue amount, from the due date up to the date of actual payment, after as well as before judgement, at the rate of 8% per annum above the base lending rate for the time being of the Bank of England.


6 OWNERSHIP of INTELLECTUAL PROPERTY RIGHTS
Theme Studio reserves all rights in its intellectual property of any nature whatsoever including without limitation copyright, and design rights and the Customer shall not be entitled to any intellectual property rights arising out of the provision of the Services. The Customer shall not release photographs, designs, quotations, drawing and recordings to any third party for any commercial purpose without the prior written consent of Theme Studio.


7 LIABILITY AND INSURANCE

7.1 Theme Studio’ liability for any of the following is not excluded or limited by these Terms (even if any other term of the Terms would suggest otherwise):
7.1.1 death or personal injury caused by Theme Studio’ negligence or the negligence of its employees, servants or agents; or
7.1.2 any other liability which cannot be legally excluded or limited.
7.2 Subject to clause 7.1, Theme Studio shall not be liable to the Customer under or in relation to these Terms (whether such liability arises due to negligence, breach of contract, misrepresentation or otherwise) for any indirect or consequential loss or damage.
7.3 Subject to clause 7.1 and without prejudice to the provisions of clause 7.2, Theme Studio’ liability arising from or in connection with these Terms (whether the liability arises for breach of contract, negligence, or otherwise) shall be limited to a refund of the Price paid by the Customer for that element of the Services to which the liability relates.
7.4 Theme Studio makes no warranty as to the suitability of the Props under Hire for the intended use by the Customer unless otherwise agreed by Theme Studio.
7.5 Theme Studio accepts no responsibility for the condition of the Props or completeness of the order if the Customer is not present for delivery or collection.
7.6 The Customer shall be liable for any loss or damage to the Props or Theme Studio’ other property whilst it remains in the possession of the Customer.
7.7 The Customer agrees that Theme Studio shall be entitled to charge all loss and/or damage (including costs of cleaning if relevant) to the Props to the Customer’s credit card number provided by the Customer during the order process and, in the case of Hire, be immediately entitled to retain the Deposit towards such charge.
7.8 The Customer shall take out, for the Event Duration, sufficient insurance to cover the full replacement cost of the Props and the Customer shall, upon request by Theme Studio, provide copies of such insurance cover to Theme Studio together with evidence that policy premiums have been paid to date.
7.9 The provisions of this clause 7 shall survive the termination or expiry of these Terms for any reason.

 

 


8 TERMINATION
8.1 Without prejudice to any other rights to which it may be entitled, Theme Studio may immediately terminate the Contract if:
8.1.1 any proceedings are commenced relating to the insolvency or possible insolvency of the Customer; or
8.1.2 the Customer commits a breach of any of the Terms; or
8.1.3 the Customer suffers or allows any execution, whether legal or equitable, to be levied on his property or obtained against him, or fails to perform any of his obligations under these Terms.
8.2 If the Customer seeks to amend, cancel or postpone the provision of the Services following the execution of a Contract, the Customer shall still be liable to pay the Price in full unless otherwise agreed by Theme Studio.
8.3 On termination of the Contract:
8.3.1 the Customer shall return to Theme Studio the Props and any other property of Theme Studio the Customer then has in its possession or control including without limitation any Confidential Information belonging to Theme Studio; and
8.3.2 Theme Studio shall be entitled to enter the Customer’s premises at any time in order to recover any equipment and materials which are the property of Theme Studio and the Customer irrevocably licenses Theme Studio and its employees to enter any such premises for that purpose.


9 FORCE MAJEURE
9.1 If Theme Studio is prevented or delayed in the performance of any of its obligations under the Contract by any cause which arises from or is attributable to acts, events, omissions or accidents beyond its reasonable control including but not limited to strikes, lock-outs or other industrial disputes, unavailability of raw materials, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, transport disruption, fire, flood, storm, terrorist attack, nuclear, chemical or biological contamination or sonic boom, then it shall have no liability in respect of the performance of such of its obligations as are prevented by those events.


10 CONFIDENTIALITY
10.1 The Customer will keep in strict confidence all technical or commercial know-how, specifications, drawings, quotations, inventions, processes or initiatives which are of a confidential nature and which have been disclosed to the Customer by Theme Studio or its agents and any other confidential information concerning Theme Studio’ business or its products which the Customer may obtain. The Customer will restrict disclosure of such confidential information to such of its employees, agents or subcontractors as need to know the same and will ensure that such employees, agents or subcontractors are subject to equivalent obligations of confidentiality as bind the Customer.

11 ASSIGNMENT
11.1 The Customer shall not without the prior written consent of Theme Studio assign or transfer the Contract or any part of it to any other person.

12 GENERAL
12.1 Any notice or other document to be served under the Contract must be in writing and may be delivered or sent by prepaid first class letter, post or facsimile transmission.
12.2 Any notice or demand shall be deemed served, if delivered, at the time of delivery, if posted, 48 hours after posting and if sent by facsimile transmission, at the time of transmission.
12.3 If any provision of the Contract is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, unenforceable or unreasonable it will, to the extent of such illegality, invalidity, voidness, unenforceability or unreasonableness, be deemed servable and the remaining provisions of the Contract and the remainder of such provision shall continue in full force and effect.
12.4 Failure or delay by either party in enforcing or partially enforcing any provision of the Contract will not be construed as a waiver of any of its rights under the Contract.
12.5 Any waiver by either party of any breach of, or any default under, any provision of the Contract by the other party will not be deemed a waiver of any subsequent breach or default and will in no way affect the other terms of the Contract.
12.6 A person who is not party to the Contract will have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract. This clause 12.6 does not affect any right or remedy of any person which exists or is available otherwise than pursuant to that Act.
12.7 The Contract shall be governed by and construed in all aspects in accordance with English law.
12.8 Subject to clause 12.9 the parties submit to the exclusive jurisdiction of the English courts and agree that (subject to clause 12.9), in respect of proceedings in England and any other jurisdiction, process may be served on either of them in the manner specified for notices in clause 12.1 and 12.2 above.
12.9 Nothing in this clause 12 shall limit the right of Theme Studio to take proceedings against the Customer in any other court of competent jurisdiction nor shall the taking of proceedings in an one or more jurisdiction preclude the taking of proceedings in any other jurisdictions, whether concurrently or not, to the extent permitted by the law of such other jurisdiction.

 

DEFINITIONS AND INTERPRETATION
13.1 In these Terms and Conditions the following definitions apply:
“Acknowledgement”
the written acknowledgment of order sent by Theme Studio to the Customer;

“Additional Services”
any additional services required by the Customer including but not limited to marquees, lighting, sound, caterers, performers and/or contractors.

“Approvals”
has the meaning given to it in clause 4.2;

“Commencement Date”
the date specified in the Acknowledgement for the commencement of the provision of the Services by Theme Studio;

“Confidential Information”
the confidential information referred to in clause 10;

“Contract”
the Customer’s offer to Hire or purchase Installation Services, subject to these terms and conditions and Theme Studio’ acceptance of that order as evidenced by the Acknowledgement;

“Duration”
the period starting when the Props are dispatched to the Customer by Theme Studio and ending when they are returned to Theme Studio’ premises by the Customer;

“Hire”
the hire of the Props to the Customer by Theme Studio as set out in the Acknowledgement;

“Installation Services”
the provision of services to the Customer by Theme Studio including but not limited to the installation of Props at the Venue and the provision of any Additional Services as set out in the Acknowledgement;

“Venue”
the venue at which Theme Studio will provide the Installation Services and/ or the venue at which the Props will be used by the Customer, as such venue is specified in the Acknowledgement;

“Price”
the price payable by the Customer for the Services as set out in the Acknowledgement;

“Props”
any and all materials developed, created or supplied by Theme Studio or its employees and provided in relation to the Services;

“Return Date”
the date on or before which the Customer is required to return the Props supplied under Hire as specified in the Acknowledgement;

“Services”
the Hire and/ or Installation Services and/ or Additional Services; and

“Terms”
these Terms and Conditions.

“Working Day”
any day which is not a [Saturday, a Sunday or a bank or public holiday in England];

Theme Studio is a trading name of  STUDIO 50 Limited, incorporated in England and Wales,

registered number 6375128,  Registered Address: 1 Long Street Tetbury, Gloucestershire GL8 8LA