Terms & Conditions

IN CONSIDERATION OF the mutual covenants and promises in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, the Owner leases the Equipment to the Hirer, and the Hirer leases the Equipment from the Owner on the following terms:

1. Definitions

1. The following definitions are used but not otherwise defined in this Agreement:
 

a. "Casualty Value" means the market value of the Equipment at the end of the Term or when in relation to a Total Loss, the market value the Equipment would have had at the end of the Term but for the Total Loss. The Casualty Value may be less than but will not be more than the original purchase price of the Equipment.

b. "Total Loss" means any loss or damage that is not repairable or that would cost more to repair than the market value of the Equipment.

c. The term ”DJ“ in this agreement refers to staff from the business when using our Dj Services packages, not the person hiring equipment. 

2. Use of Equipment

2.1 The Hirer will use the Equipment in a good and careful manner and will comply with all of the manufacturer's requirements and recommendations respecting the Equipment and with any applicable law, whether local, state or federal respecting the use of the Equipment, including, but not limited to, environmental and copyright law.

2.2 The Hirer will use the Equipment for the purpose for which it was designed and not for any other purpose.

2.3 Unless the Hirer obtains the prior written consent of the Owner, the Hirer will not alter, modify or attach anything to the Equipment unless the alteration, modification or attachment is easily removable without damaging the functional capabilities or economic value of the Equipment.

3. Warranties

3.1 The Equipment will be in good working order and good condition upon delivery.

3.2 The Equipment is of merchantable quality and is fit for the purposes it is ordinarily used.

4. Loss and Damage

4.1 To the extent permitted by law, the Hirer will be responsible for risk of loss, theft, damage or destruction to the Equipment from any and every cause.

4.2 If the Equipment is lost or damaged, the Hirer will continue paying Rent, will provide the Owner with prompt written notice of such loss or damage and will, if the Equipment is repairable, put or cause the Equipment to be put in a state of good repair, appearance and condition.

4.3 In the event of Total Loss of the Equipment, the Hirer will provide the Owner with prompt written notice of such loss and will pay to the Owner all unpaid Rent for the Term plus the Casualty Value of the Equipment, at which point ownership of the Equipment passes to the Hirer.

5. Ownership, Right to Lease and Quiet Enjoyment

5.1 The Equipment is the property of the Owner and will remain the property of the Owner.

5.2 The Hirer will not encumber the Equipment or allow the Equipment to be encumbered or pledge the Equipment as security in any manner.

5.3. The Owner warrants that the Owner has the right to lease the Equipment according to the terms in this Agreement.

5.4 The Owner warrants that as long as no Event of Default has occurred, the Owner will not disturb the Hirer's quiet and peaceful possession of the Equipment or the Hirer's unrestricted use of the Equipment for the purpose for which the Equipment was designed.

6. Indemnity

6.1 The Hirer will indemnify and hold harmless the Owner against any and all claims, actions, suits, proceedings, costs, expenses, damages and liabilities, including attorney's fees and costs, arising out of or related to the Hirer's use of the Equipment.

7. Default

7.1 The occurrence of any one or more of the following events will constitute an event of default ("Event of Default") under this Agreement:
 

a. The Hirer fails to pay any amount provided for in this Agreement when such amount is due or otherwise breaches the Hirer's obligations under this Agreement.

b. The Hirer becomes insolvent or makes an assignment of rights or property for the benefit of creditors or files for or has bankruptcy proceedings instituted against it under the bankruptcy law of the United Kingdom or another competent jurisdiction.

c. A writ of attachment or execution is levied on the Equipment and is not released or satisfied within 10 days.

8. Remedies

8.1 On the occurrence of an Event of Default, the Owner will be entitled to pursue any one or more of the following remedies (the "Remedies"):
 

a. Declare the entire amount of the Rent for the Term immediately due and payable without notice or demand to the Hirer.

b. Commence legal proceedings to recover the Rent and other obligations accrued before and after the Event of Default.

c. Take possession of the Equipment, without demand or notice, wherever same may be located, without any court order or other process of law. The Hirer waives any and all damage occasioned by such taking of possession.

d. Terminate this Agreement immediately upon written notice to the Hirer.

e. Pursue any other remedy available in law or equity.

8.2 The Hirer is entitled to the protection and remedies available to them under the Consumer Credit Act 1974.

9. Additional Clauses

Terms and conditions

(The term DJ also refers to the staff setting up the equipment for those who are just hiring equipment)

1.– Booking details

1.1 – The Client shall ensure that all details given of the venue are correct and if the DJ inspects the venue & finds any differences The DJ will report to the client to resolve this matter.

1.2 – There will be adequate set up time available usually 90 minutes before the start time of the event and 60 minutes after the event to break the set down. The Client should indicate what access is available, stairs, lifts, Car parking etc.

1.3 – The Client and The DJ both confirm that there is no third party interest on the booking and no previous bookings of these dates for this event.

1.4 – Start and finish times will be kept and followed by the DJ and these will be made clear by the client.

2. – Payments/Complaints
2.1 – Payment by Cash can be arranged by Liam

2.2 – Paying By Bank Transfer If you use Internet Banking you can make a payment straight into our bank account via BACs. If paying by this method please ensure you include your surname and the date of your event as a reference.

2.3 – The balance of payment must be paid by the client before any set up commences.

2.4 – Any complaints about the performance / conduct of the DJ’s performance or equipment must be made immediately not at end of performance.

2.5 – Non payment of cleared funds before the event can lead to cancellation of agreement.

3. – Cancellations
3.1 – The DJ will be holding your date exclusively for you and will turn away all other work.  The potential loss of work in the event of a cancellation is real and tangible therefore The DJ will charge a cancellation fee.  Cancellations must be made by e-mail or telephone.

3.2 – If The Client cancels within 30 days prior to the event the cancellation fee is 100% of the balance outstanding if you paid a deposit. 

3.3 – Should the event be cancelled for reasons entirely beyond The Clients control then the booking fee will be returned in full or a new date set if required.

4. – Conduct

4.1 – It is the Client’s responsibility to ensure that all guests conduct themselves in a proper manner at all times. The Client must be responsible for all guests and their actions.

4.2 – The Client will provide adequate supervision of its guests, including children, at the venue, and will be liable for any loss of or damage to the DJ’s equipment or personnel belongings, caused by guests attending the function.

4.3 – No violent, aggressive or abusive behaviour from anyone under any circumstances will be tolerated, and The DJ reserves the right to terminate the disco at any time if any personal safety is under threat. The DJ does not take responsibility for ejecting any unwanted persons from any venue. The Client will be advised of any problems arising in this respect with any guests.

4.4 – In the event of a minors function there must be the legal ratio of responsible persons to minors.

4.5 – The DJ will act in a fully responsible attitude at all times, during his attendance to the venue, it will set up and run as requested by The Client unless the legal requirement is different which will be pointed out and stated.

4.6 – The DJ will be responsible for making sure all equipment is functioning properly before using at your event. 

 5. – Security

5.1 – The Client will be responsible for the safety and security of any theft of items of The DJ.

5.2 – The DJ is not liable for any damage on the venue; any potential hazard must be pointed out by the client or the venue staff at the time of set-up.

5.3 – The Client is also responsible for any damage to The DJ’s equipment caused by any person at the event. The Client will be charged for the full cost of any repairs required. The Client will be advised of any damage as soon as it is caused.

 6. – Health and Safety
6.1 – The DJ will adhere to all rules and regulations of the HSE EAW Act 1989, to which The Client must also adhere to the above and adhere. Subject to failure to conform to the above act The DJ cannot take any further part of the event and the full amount of the event has to be paid.

6.2 – In the event of fire, flooding, public disturbance, terrorist activity or any other threat to the public, The DJ will not be responsible to help in any way or evacuate any venue or building where he is present and / or working within, unless the fire regulations for the venue specify otherwise. This would usually incur a vocal announcement.

 7. – The Venue
7.1 – The Client will allow suitable time for the installation and dismantling, and removal of equipment (minimum of one hour).  The Client also ensures that safe and adequate power is available. The DJ will ensure that any equipment that requires connection to a power source is electrically safe and conforms to the HSE EAW Act 1989, and any amendments thereafter.

7.2 – The Client must ensure that the entire venue has all relevant licence’s, and conforms to all the local bye-laws as The DJ cannot perform in a venue that has not got all required licence’s.

7.3 – The Client must ensure that there is adequate parking for The DJ on the night for off loading and loading of the equipment, in a safe and secure manner. Should there be items stolen during this procedure it is the responsibility of The Client.

7.4 – If the performance start time is delayed due to the inability of The DJ to gain access to the performance area, or any other delay beyond The DJ(s) reasonable control, The DJ will not be liable for any refund whatsoever.

7.5 – If you are booking other entertainment (e.g. Singer, comedian, band etc) as well as hiring ourselves, please consider & think about the amount of space available and where The Client is going to put the disco. Speaker location is usually best if it is no greater than 10 metres either side from the position of the presenter.

7.6 – The DJ also reserves the right to refuse to continue any event prior to the start should there not be sufficient floor space which would not allow the audio / lighting equipment to be assembled safely.

7.7 – Outdoor events The DJ (being someone working for the company) or equipment hirer is not responsible for power failure or spiking from a generator resulting in equipment failure, the customer will ensure that power convertor’s function is in good working order.
A refund will not be offered under these circumstances, any damage incurred from a generator the customer has supplied will be liable for damages to the DJ’s equipment.

31. Entire Agreement

32. This Agreement will constitute the entire agreement between the Parties. Any prior understanding or representation of any kind preceding the date of this Agreement will not be binding on either Party except to the extent incorporated in this Agreement.

33. Address for Notice

33. Service of all notices under this Agreement will be delivered personally or sent electronically. 

34. Payment

34. All pound amounts in this agreement refer to pounds sterling, and all payments required to be paid under this Agreement will be paid in pound sterling unless the Parties agree otherwise.

35. Interpretation

35. Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Agreement. Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.

36. Governing Law

36. This Agreement will be construed in accordance with and governed by the laws of England and the Parties submit to the exclusive jurisdiction of the English courts.

37. Severability

37. If there is a conflict between any provision of this Agreement and the applicable legislation of England (the "Act"), the Act will prevail and such provisions of the Agreement will be amended or deleted as necessary in order to comply with the Act. Further, any provisions that are required by the Act are incorporated into this Agreement.

38. In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, those provisions to the extent enforceable and all other provisions will nevertheless continue to be valid and enforceable as though the invalid or unenforceable parts had not been included in this Agreement and the remaining provisions had been executed by both Parties subsequent to the expungement of the invalid provision.

39. General Terms

39. This Agreement may be executed in counterparts. Facsimile signatures are binding and are considered to be original signatures.

40. Time is of the essence in this Agreement.

41. This Agreement will extend to and be binding upon and inure to the benefit of the respective heirs, executors, administrators, successors and assigns, as the case may be, of each Party to this Agreement.

42. Neither Party will be liable in damages or have the right to terminate this Agreement for any delay or default in performance if such delay or default is caused by conditions beyond its control including, but not limited to Acts of God, Government restrictions, wars, insurrections, natural disasters, such as earthquakes, hurricanes or floods and/or any other cause beyond the reasonable control of the Party whose performance is affected.