Terms of service.
2. General Terms
1. The Clients acknowledge that they have read and understood the terms of this Agreement, including any documents referred to within this contract and in section 2.2 and any amendment to this Agreement. The Clients are advised to seek independent legal advice before signing this Agreement.
2. The Proposal sent to the Clients by us is a part of this Agreement. This Agreement and the Proposal constitute the entire Agreement between the parties and supersedes all previous agreements and understandings between the parties.
3. No amendment or variation to this Agreement is valid unless mutually agreed, in writing, signed by each of the qualities or the order and representative.
4. The Clients are strongly advised to insure against cancellation of the event/s due to unforeseen circumstances.
5. The date, the marquee Structure, our services and Hire items are only reserved for the hire period once the initial fee has been paid in accordance with section 4.
3. Terms related to the Service booked
1. All services arranged directly by the Clients will be their responsibility. We can only be held responsible for services carried out by us.
2. The fee stated on the Proposal reflects the prevailing costs at the time of the quotation which is valid for 14 days.
3. Images used on our website, social media, brochures or the bespoke proposal are for illustrative purposes only and there might be variation in colour, material and sizes of the items and the images displayed on the Clients’ device. The Clients understand and acknowledge that these variations in terms of size, materials and colour will not render the items faulty and do not give grounds for replacements or a refund. If the Clients have any concerns regarding this, the Clients must advise us of such concerns before entering into this Agreement.
4. If there is any damage caused to the Hire items/Structure as a result of handling of the items by or negligence of the Clients, Venue staff or any other third party including their guests, the Clients must inform us immediately. If this happens, the Clients agree to cover the cost of repair or replacement of the same. We reserve the right to decide whether or not the damage can be repaired to the required standard for future bookings. The Clients must not attempt to procure a replacement of the damaged Hire items/the Structure or repair the same without our prior consent. An invoice will be issued by us reflecting the repair or replacement cost of damaged items; which must be paid by the Clients via bank transfer within 14 days of the invoice.
5. In the event that the Hire items are not returned by the Clients as agreed, we reserve the right to charge for an additional Hire Period, charged at the item(s) daily rate.
6. The Clients will be responsible for the Hire items/Structure from the time of delivery/set up by our time until the time the items are collected by us. All items/Structure used or supplied by us in connection with this Agreement shall, unless expressly agreed by the us in writing, be on hire for the duration of the Hire Period.
7. We will provide our services with reasonable care and skill. We will also ensure that items comply with its description on the Quotation/Proposal; and are of satisfactory quality and/or fit for purpose.
8. We will endeavour to meet any additional requests made by the Clients up until 4 weeks prior to the Event/s date but cannot guarantee that we will be able to procure requested items/services in time for the Event day. Furthermore, this would be classed as an additional service and additional charges may apply.
9. No changes to the Proposal or the Services agreed will be allowed within 28 days from the Event/s day and once an order has been placed by us on the Client’s behalf based on their requirements for bespoke items. Any changes permitted will be at our discretion and will only be deemed mutually agreed if and when the Clients receive written confirmation from us, agreeing to the change.
10. 3.10.We may at our discretion outsource aspects of the service to businesses that are our recommended suppliers and work closely with us. These businesses are not employed by us and work with us as freelancers/independent contractors/sub-contractors.
11. 3.11.We are not responsible for any damage caused to the venue or its grounds, any items/furniture supplied or arranged by the Clients on the Event/s day unless it is caused by our own negligence.
12. 3.12.By entering into this Agreement, the Clients grant us permission to use their images and of their Event/ for the purposes of marketing advertising our services.
13. 3.13.The Clients are advised to monitor weather forecast so that the adequate contingency plans can be put in place. Our staff will not carry out services or erect the marquee Structure when it is deemed unsafe e.g. when adverse weather conditions such as strong winds and snow are forecasted. In this case, sections 8 and 9 will apply.
14. 3.14.The Clients must have a contingency plan in place to evacuate the Structure when wind speeds approach the maximum service gust speed are forecasted.
15. 3.15.No persons other than our staff or those under our supervision shall be allowed to enter the Structure during erection or dismantling operations until it is deemed structurally complete and safe.
4. Our Fee and Payment
1. Our Fee is as stated on the Proposal which will be sent to the Clients along with this Agreement. Our Fee is subject to the addition of VAT where due.
2. The initial fee i.e. 25% of the total fee must be paid via bank transfer within 14 days from the date on the Proposal. The initial fee covers time spent on tasks, such as but not limited to, site visits prior to the Event/s day, design consultation, creation of mood board/s, time spent liaising with the Clients and any third-party suppliers in connection with the planning of the Clients’ Event/s.
3. The Total fee mentioned on the Proposal includes all charges for time spent on the Clients’ booking, administration tasks, labour, cost of set up, price of any Hire items, delivery/travel, dismantling and collection and any other additional ancillary charges that are known to us at the outset.
4. If the Clients require us to purchase any bespoke items on their behalf or secure any décor services/items from us, an additional 25% of the total fee is payable 4 weeks after the initial fee is paid to us by the Clients. In the event of cancellation, these charges will not be refundable.
5. The balance fee i.e. _(75% if only marquee hired or 50% if décor included___% of the total fee must be paid via bank transfer 28 days prior the Event date.
6. The total fee quoted excludes mock ups, any overtime due to delays caused by the Clients or additional services/items requested by the Clients and any additional expenses incurred as a result of any additional requests/changes made to the Proposal and/or Services agreed by the Clients from the time of booking until the date of the Event/s. Such charges must be paid by the Clients via bank transfer within 7 days from the date of being notified of these charges being incurred by us.
7. Failure to make timely payment as per the above clauses shall entitle us to stop all work and not attend on the Event/s day to provide the agreed services.
8. The Clients must not use the area underneath external or internal raised platforms etc. for storage and these areas must be kept clear of rubbish or unwanted items.
9. The Clients must ensure that the exit doors are not locked when any persons are inside the Structure and that the exit routes are kept free from obstruction at all times.
10. 4.10.Once the Structure has been erected and handed over to the Clients, they must not attempt to modify/tamper the Structure in any way, in particular structural components (such as removing or repositioning cross bracing in end bays or making changes to the anchorage) or the number and positioning of exits. These changes can only be made by us. If such modifications, tampering or changes are done by the Clients or third parties, we will not be responsible for any resulting injuries, damage or Losses.
11. 4.11. The clients understand that there may be minor wear and tear signs on the marquee and other goods supplied by us. If there are any complaints regarding the quality of the marquee or any goods, the clients will need to notify us before the marquee is handed over to the clients and give us adequate time and opportunity to deal with the complaint and rectify any issues.
12. 4.12.The Clients will be responsible for identifying the location of any underground services or overhead cables. These must be clearly marked and communicated to us before any ground penetration operation. We will not be responsible for any damage caused to these services and/or cables as a result of the Clients not informing us of the same. If underground services or overhead cables cross sites where Structures are to be erected, the Clients shall first obtain appropriate advice from the concerned service company.
13. 4.13.Stakes, anchors and ropes can be tripping hazards and prove to be dangerous. The Clients must ensure that these are marked and that their guests and their suppliers are kept away from such areas. We cannot be held responsible for any injury or damage sustained by any persons by the Clients failing to have adequate measures in place for the safety of their guests.
14. 4.14.In the event of snow, the Structure should be heated to a minimum temperature of 12ºC to prevent snow build-up on the roof of the Structure as this can endanger the Structure’s stability.
15. 4.15.The internal layout (seating, gangways etc.) is the Clients’ responsibility and they must adopt the Department for Communities and Local Government’s Fire Safety Risk Assessment guides for Places of Assembly and Open Air Events and Venues. Where we supply premises for catering activities to take place, we will not be responsible for any damage or injury caused as a result of negligence of the catering company.
16. 4.16.The Clients must ensure that the agreed guest capacity is not exceeded for health and safety reasons as this is an important factor when assessing the means of evacuation should the need arise.
17. 4.17.The Clients must ensure that dangerous or combustible or toxic gases or other allied product such as aerosols, explosives or pyrotechnics are not be used or stored within the Structure.
18. 4.18.Provision of firefighting equipment is open to agreement between you and your Clients . Do you provide this, if yes remove the first sentence? Clients will be responsible for carrying out a risk assessment as required by the Regulatory Reform (Fire Safety) Order 2005.
19. 4.19.In the event that the guest count is more than 250, the Clients must ensure sufficient persons trained and experienced in the duties of a fire warden are on the site.
20. 4.20.The Clients must ensure that they or their nominated representative is present once the Structure has been erected so that we can handover all safety critical features of the Structure i.e. ground anchors, door openings, exit routes etc and further guidance. This person will be responsible for signing of the checklist and ensuring the instructions are abided by the Clients and all persons attending their Event/s.
21. 4.21.The Clients must arrange adequate and timely access to the site and parking for us where the Structure is to be erected. If there is limited access, the Clients must inform us of this at least 28 days prior to their Event/s day.
22. 4.22.The Clients must not use any lighting, heating, cooking or other gas or electrical appliances or suspend any equipment/items of any kind inside the marquee Structure without obtaining our consent.
23. 4.23.The Clients will be responsible for obtaining relevant permissions from the concerned authorities such as the police, planning authority, local authority etc. We will not be responsible for any delays or cancellation of this Agreement due to the Clients not obtaining appropriate permission from the public or local authority.
24. 4.24.If the Clients hire a generator from us, the Clients will be responsible for advising us of the accurate power requirements for the smooth running of their Event/s. In particular, we must be advised of any external equipment for which the generator will be used. This information must be provided to us at least two months prior to the Event/s day. We will not accept any responsibility for power failures due to external equipment faults or adequate power/number of generators not being booked by the Clients.
5. Confidentiality
1. 5.1.Each party undertakes that it shall not at any time during this Agreement, and after termination of this Agreement, disclose to any person any confidential information concerning the business, affairs, customers, Clients or suppliers of the other party, except as permitted by Clause 5.2;
2. Each party may disclose the other party’s confidential information:
(a) to its employees, independent contractors, officers, representatives or advisers who need to know such information for the purposes of exercising the party’s rights or carrying out its obligations under or in connection with this Agreement. Each party shall ensure that its employees, independent contractors, officers, representatives or advisers to whom it discloses the other party’s confidential information comply with this Clause; and
(b) as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
3. No party shall use any other party’s confidential information for any purpose other than to exercise its rights and perform its obligations under or in connection with this Agreement.
6. Limitation of Liability
6.1 All implied conditions, warranties and terms are excluded from this Agreement. If in any jurisdiction an implied condition, warranty or term cannot be excluded, then this sub paragraph will be deemed to be reduced in effect, only to the extent necessary to release that specific condition, warranty or term.
6.2 We shall not be liable to the Clients for any loss or expense which is an indirect or consequential loss; economic loss or other loss of turnover, profits, business; loss of amenity represented by the Clients; loss of unattended equipment, loss or damage suffered by the Clients as a result of an action brought by a third party or Suppliers/Substitute recommended by us; loss of enjoyment, stress or inconvenience resulting from Clients’ decision to make changes to this Agreement and/or booking/Proposal including changes to venue and date of Event/s, providing incorrect details, incorrect services booked by the Clients, Losses due to Structure not being erected due to adverse weather conditions, Clients’ breach of this Agreement or things within reasonable control of the Clients.
6.3 The above applies even if such loss was reasonably foreseeable or we had been advised of the possibility of the Clients incurring it.
6.4 Except in the case of death or personal injury and fraud or fraudulent misrepresentation, our total liability under this Agreement, shall not exceed the value of the services provided by us to the Clients under this Agreement. The Clients will indemnify us against all claims for personal injury or damage to property howsoever caused unless it be proved that such injury or damage caused by faulty material or workmanship or negligence on our part. This applies whether an action is based on contract, tort or any other basis in law.
6.5 We will not accept liability for damage caused to any third-party items/venue building, its contents or fittings and fixtures, by real flame candles or tea-lights when in the possession of the Clients and used during their Event/s dates. The use of candles is at the Clients’ risk and the Clients will be responsible for obtaining permission from the venue for the use of real candles and tea-lights. All candles and tea-lights should remain in their holders whilst lit. We advise our Clients to not use candles or tea-lights on non-fire-resistant surfaces. Candles and tea-lights should not be left unattended.
6.6 This clause (and any other clause which excludes or restricts our liability), applies to our team, employees, officers, subcontractors, representatives and agents.
7. Cancellation policy
7.1 This Agreement may be terminated by the parties by serving written notice on the other by email.
7.2 We may terminate this Agreement if the Clients fail to make payments in accordance with section 4 above.
7.3 Either party may terminate this Agreement if the other commits a material breach of any of the terms of this Agreement and fail to remedy the breach within 14 days of being notified of such breach in writing.
7.4 The Clients can terminate this Agreement within 14 days of conclusion of this contract (cancellation period). To exercise this right to cancel, the Clients can inform us of their decision to cancel this contract by sending a clear statement via email or by completing the model cancellation form attached to this contract, but it is not obligatory. If you use this option, we will communicate to you an acknowledgment of receipt of such a cancellation by email without delay. If the contract is cancelled by the Clients within the first 14 days, then the initial fee will be refunded to the Clients in full within 14 days from the date we are advised about the Clients’ decision to cancel the contract. Unless expressly agreed otherwise we will issue the refund using the same means of payment used by the Clients to pay the first instalment, in any event, you will not incur any fees as a result of the reimbursement. The Clients agree to waive their right to cancel this contract if they request us to begin performance of the services during the cancellation period and shall pay us an amount which is in proportion to what has been performed until the Clients have communicated us their cancellation from this contract, in comparison with the full coverage of the full coverage of the contract.
7.5 If the Clients cancel this contract more than 14 days after entering this contract and at any time more than 28 days prior to the Event/s date, then the initial fee shall be forfeited. In addition to this, we reserve the right to charge the Clients for any additional work carried out by us to the nearest hour, calculated at £50 per hour. The Clients will also be responsible for payment of any expenses incurred prior to the notice of cancellation is served. The Clients agree to pay any outstanding sums, within 7 days from the date of the invoice/when the invoice is served reflecting to such outstanding sums via bank transfer.
7.6 If the Clients cancel this contract within 28 days of the Event/s date, then the total Fees including any expenses incurred as at the date of cancellation, less any fees and expenses already paid, shall be paid to us by the Clients. If any sums are outstanding, the Clients must pay the sums within 7 days from the date of the invoice/when the invoice is served via bank transfer.
8. Postponement policy
8.1 A Notice to change the Event/s date must be submitted by email. We will endeavour to accommodate a request to change the Event/s date provided the new Event date falls within 12 months of the original Event/s date and is subject to our availability. A change of Event/s date will only be deemed as agreed if and when the Clients receive a confirmation of the date change from us by way of an email. Any payments already made will be non-refundable but will be transferred to the new Event/s date.
8.2 If we are not available for the new Event/s day, the cancellation policy under section 7 will apply. In this scenario, the date on the notice of date change will be classed as the termination date of this Agreement.
8.3 The parties can vary terms of this Agreement if changes are made to the Event/s date. Any variation to this Agreement must be in writing and with consent of both parties. The terms which are not amended by the parties will continue to remain in force.
8.4 We will not charge the Clients an administration charge for the change of Event/s date. We reserve the right to charge the Clients a sum which reflects a difference in items or package prices which are applicable to the new Event/s day. We will notify the Clients of such charges by email. The Clients will be liable to pay these additional charges within 7 days of being notified of the same.
9. Events outside the control of the parties
9.1 Force Majeure Event means circumstances not within a party’s reasonable control, including and without limitation acts of God, flood, drought, earthquake, or other natural disaster; epidemic or pandemic; terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations; nuclear, chemical or biological contamination or sonic boom; any law or any action taken by a government or public authority including any relevant bans/guidelines related to events that affect performance of this Agreement, imposing an export or import restriction, quota or prohibition, or failing to grant a necessary licence or consent; adverse weather conditions which make travel unsafe or where severe weather warnings and advice against travelling has been issued by the Met office or relevant authorities; adverse weather conditions which would have an impact on the safety of the guests or the stability of the Structure, collapse of buildings, fire, explosion or accident; any labour or trade dispute, strikes, industrial action or lockouts ; non-performance by suppliers or subcontractors; and interruption or failure of utility service, severe illness, change of law.
9.2 If a party’s performance of its obligations is hindered by a Force Majeure Event, it shall not be liable for breach of contract, failure or delay in the performance of such obligations. The time for performance of the parties’ obligations shall be extended as per Section 8, in writing and with consent of both parties, subject to availability. The parties shall use all reasonable endeavours to mitigate the effect of the Force Majeure event on the performance of their obligations by postponing the Event/s.
9.3 The party relying on the Force Majeure clauses shall (a) as soon as reasonably practicable after the start of the Force Majeure Event, notify the other party in writing of the Force Majeure Event, the date on which it started, its likely or potential duration (if possible), and the effect of the Force Majeure Event on its ability to perform any of its obligations under the contract.
9.4 If the parties cannot reach an amicable solution, this contract can be terminated by serving written notice on the other party. For the avoidance of doubt, the date of such a notice will be classed as the date of cancellation of this contract. In this case, the cancellation policy will apply and any sums payable/due based on the date of termination will become due and must be paid via bank transfer within 7 days of the notice of cancellation.
10. Miscellaneous
10.1 A waiver of any right or remedy under this Agreement or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy.
10.2 The rights and remedies provided under this Agreement are in addition to, and not exclusive of, any rights or remedies provided by law.
10.3 If any provision or part-provision of this Agreement is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of this Agreement.
10.4 If any provision or part-provision of this Agreement is deemed deleted under Clause 10.3 the parties shall negotiate in good faith to agree a replacement provision that, to the greatest extent possible, achieves the intended commercial result of the original provision.
10.5 Any notice [or other communication] given to a party under or in connection with this Agreement shall be in writing and shall be sent by email to the address specified below:
10.5.1 Written correspondence/notices issued by the Clients to us to be sent by email to info@akeventsltd.com
10.5.2 Written correspondence/notices issued by us to the Clients to be sent by email to (client’s email address).
10.6 Any notice [or communication] shall be deemed to have been received, at the time of transmission, or, if this time falls outside business hours in the place of receipt, when business hours resume. In this clause, business hours means 9.00am to 5.00pm Monday to Friday on a day that is not a public holiday or a weekend.
10.7 The above clause does not apply to the service of any proceedings or any documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.
10.8 In the case of any complaint, the Clients must notify us in writing. We will endeavour to investigate any complaints promptly. If a complaint is substantiated, we will aim to resolve it quickly. If we believe, a complaint is not justified, we will provide our reasoning in writing. The above complaint procedure shall in no way affect the Clients legal or statutory rights.
10.9 If a dispute arises out of or in connection with this Agreement or the performance, validity or enforceability of it (Dispute), the parties shall attempt to resolve the dispute within 30 days from the date when either party notifies the other of a Dispute. If the Dispute is not resolved within 30 days, the parties will attempt to resolve the Dispute by way of mediation. Either party shall serve notice in writing (ADR notice) requesting mediation. The parties will attempt to agree and instruct a mediator within 14 days of the service of the ADR notice and resolve the dispute within 28 days thereafter. The commencement of mediation shall not prevent the parties commencing or continuing court proceedings in relation to the Dispute under Clause 11 (Jurisdiction) which shall apply at all times.
10.10 In the case of an emergency, such as adverse weather conditions after the Structure has been erected or stability of the Structure, the Clients can contact us on 07446947616 for assistance/guidance.
11. Governing Law and Jurisdiction
This Agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales and that that the Courts of England and Wales shall have jurisdiction to settle any dispute or claim arising in connection with this Agreement.