HIRE AGREEMENT Ace Entertainment Cork Trading name of Jamie & Nicole Leahy
Terms and Conditions of Hire
The ‘Booking Form’ means the booking form on the front of these terms and conditions of hire. The ‘Company’ means (Ace Entertainment Cork ) as trading name of Jamie Leahy The ‘Company’s Staff’ means any employee, agent or sub-contractor of the Company. The ‘Daily Hire Charge’ means the sum to be paid daily by the Customer to the Company in accordance with clause 2.6 below. The ‘Event Date’ means the date(s) of the hire event specified in this Hire Agreement on the Booking Form. The ‘Event Address’ means the premises where the Equipment or Displays will be used. The ‘Customer’ means the individual, company or organisation, stated on the booking form, hiring Equipment from the Company. The ‘Hire Agreement’ means this agreement entered into between the Customer and the Company. The ‘Hire Charge’ means the sum(s) set out in the Booking Form. The ‘Period of Hire’ means the period commencing with delivery of the Equipment by the Company to the Event Address, or the collection of the Equipment from the Company by the Customer, and terminating when the Equipment is removed by the Company, or returned to the Company.
2.1 The Company shall hire the Equipment to the Customer, subject to the terms and conditions of this Hire Agreement and payment is made. The booking is not confirmed unless the customer pays the deposit within 7 days of making the booking, once deposit is received we the company will send a digital invoice via email which will in close a link to this terms and conditions. The customer should read the ts and cs before paying the balance off in full. One the client has paid the balance off in full and accepts all the terms and conditions the booking is valid and complete
2.2 Confirmation of booking is by Email of a digital invoice the customer should read and accepts all the ts and cs before paying a deposit or the balance in full. No booking is confirmed unless the Company has confirmed the customer has understood the terms and conditions and has paid the balance off in full.
2.3 If the client cancels the booking with in the 14 days prior to the event the client will loose there deposit.
2.4 No changes to this Hire Agreement shall be permitted unless agreed between the Company and the Customer and confirmed by both parties in writing.
2.5 The Hire Charge must be paid in full via bank transfer, via secure link, paypal or cheque the funds must be cleared by the Customer to the Company on or before two weeks before the event, the collection of the Equipment or the delivery of the Equipment, whichever is the earlier, unless otherwise agreed in writing by the Company. Failure to pay in accordance with this clause 2.5 shall release the Company from any obligation to supply the Equipment.
2.6 If the Period of Hire is extended by the Customer, for whatever reason and the Equipment is not returned to the Company on or before the end of the Period of Hire stated on the Booking Form, the Customer shall pay to the Company the Daily Hire Charge of €800 until such time the Equipment is returned to the Company.
3.1 A cancellation of the booking must be made in writing and the Customer will be liable to pay to the Company the following applicable cancellation charge within 14 days of cancellation:
(a) a cancellation made within 14 days of the Event Date shall render the Customer liable to pay the full Hire Charge. (b) a cancellation made before 14 days of the Event Date shall render the Customer liable of loss of deposit of the Hire Charge.
4 Setting Up And Use Of The Equipment
4.1 The Customer will provide to the Company details by annotated plans of the position of the Equipment at the Event Address and will ensure that a person or someone appointed from their family or hotel is present at the time of delivery to show the Company where the Equipment is to be positioned. The Customer is to ensure there is adequate and appropriate space available for the Equipment and that there is a suitable electrical power supply located nearby.
4.2 In the event that clear instructions are not provided, the Company will use its best judgement to position the Equipment. The Company reserves the right to make a further charge should the Equipment have to be repositioned and/or the Company Staff be kept waiting for any unreasonable period of time.
4.3 The Customer must not make any alteration or addition to the Equipment, or allow any other equipment or item such as disco or lighting equipment, chairs or tables SHOULD NOT BE PLACED on Equipment.
4.4 The Customer is responsible for obtaining any permits or licences that may be necessary from any third party for the use of the Equipment at the Event Address. The Customer is responsible for providing the Company’s Staff with any specific items required, such as high visibility clothing, identification labels or any such related items.
4.5 The Customer shall inform the Company in advance of any potential risk of damage to the Event Address or the Customer’s property from the use of the Equipment. The Company shall not be held liable for any loss or damage of any kind to the Event Address or the Customer’s property arising from the hire of the Equipment.
4.6 The customer shall use the Equipment for the purpose of a dance floor only, love sign, candy cart and any other equipment that is hired out for display purpose only
5 Title, Risk and Insurance
5.1 The Customer is responsible for any damage, loss or theft of the Equipment. If damage, loss or theft does occur to the Equipment during the Period of Hire, the Customer will be liable for and shall pay for the repair or replacement cost off the Equipment at recommended retail prices from a manufacturer of the Company’s choice. The customer must inform the guests via the band , djs or in the speeches that there is to be no glass drinks / liquids on or around all of our products e.g on the dancefloor, in the photoboth, on the love sign etc.
The company or venues ( Bars, Clubs, Hotels etc)does not accept any responsibility or liability if the customer does not inform all parties attending the event about using liquids near our electric equipment. This is also stated in the invoice clearly ” no drinks on our electronic dance floor for health & safety reasons.
5.2 The Customer will be wholly liable for any damage to the Equipment by way of cigarette burns or burn marks of any kind. It is the Customers responsibility to check the Equipment to ensure that no such marks are present on delivery or collection of the Equipment. Such damage will result in the Customer being liable for the full cost of replacement to any damaged equipment from a manufacturer of the Company’s choice.
5.3 It is entirely at the Company’s discretion to decide if any Equipment is damaged.
5.4 The Equipment shall at all times remain the property of the Company, and the Customer shall have no right, title or interest in or to the Equipment (save the right to use the Equipment subject to the terms and conditions of this agreement).
6 Customer Obligations
6.1 The Customer is to be responsible for the actions and behaviour of all those persons using the Equipment and for ensuring that all persons are aware that they use the Equipment entirely at their own risk. The Customer is to be responsible for ensuring that if anybody has consumed alcohol or drugs or suffers from any medical condition that will endanger them by using the Equipment then they should not use the Equipment. The customer should appoint someone from the family, hotel or evening entertainment to announce over the mic before using dance floor etc that no liquids or alcohol should be used near or on any of the companies equipment.
6.2 The Company reserves the right to ask anyone to stop using the Equipment at any time if the Company feels there is a risk to the Equipment or other person or persons by the actions or behaviour of any person or persons and the Customer will immediately comply with such request.
7.1 Without prejudice to clause 7.2, the Company’s maximum aggregate liability for breach of this agreement (including any liability for the acts or omissions of the Company’s Staff), whether arising in contract, tort (including negligence), misrepresentation or otherwise, shall in no circumstances exceed the Hire Charge.
7.2 Nothing in this agreement shall exclude or in any way limit:
(a) either party’s liability for death or personal injury caused by its own negligence;
(b) any other liability which cannot be excluded by law.
7.3 This agreement sets forth the full extent of the Company’s obligations and liabilities in respect of the Equipment and its hiring to the Customer. In particular, there are no conditions, warranties or other items, express or implied, including as to qualify, fitness for a particular pupose or any other kind whatsoever, that are binding on the Company except as specifically this also covers the venues.
stated in this agreement . Any condition, warranty or other term concerning the Equipment which might otherwise be implied into or incorporated within this agreement, whether by statute, common law or otherwise, is expressly excluded.
7.4 No one should use the companies products if they have a medical condition, under the influence of drugs or over the limit of alcohol, we do not accept any responsibility or liability for any self harm to others who do not take responsibility of ones actions.The company, the customer or or the venue shall not be responsible or liable due to the following stated above
8 Force Majeure
8.1 The Company shall not be in breach of this agreement nor liable for delay in performing, or failure to perform, any of its obligations under this agreement if such delay or failure results from events, circumstances or causes beyond its reasonable control. This also covers any of our products via software probrems with the photobooth or dancefloor tiles, if this error we will try and fix the problem, if this happens during your event you will received extra time of the service free of charge if you are not happy with this we can offer you your money back.
9 Contracts (Rights of Third Parties) Act 1999
9.1 A person who is not a party to this agreement shall not have any rights under or in connection with it by virtue of the Contracts (Rights of Third Parties) Act 1999.
10 Entire Agreement
10.1 This agreement constitutes the whole agreement between the parties and supersedes all previous agreements between the parties relating to its subject matter.
11 Governing Law
11.1 This agreement and any dispute or claim arising out of or in connection with it or its subject matter shall be governed by and construed in accordance with Irish law.
11.2 The parties irrevocably agree that the courts of Ireland shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement or its subject matter.