Terms & Privacy

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Your use of this site is subject to the following terms and conditions

1 DEFINITIONS AND INTERPRETATION
1.1 In these Terms and Conditions the following definitions apply:
“Acknowledgement” - the written acknowledgment of order sent by Freestyle Designs and Fabrication 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 Freestyle Designs and Fabrication.
“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 Freestyle Designs and Fabrication acceptance of that order as evidenced by the Acknowledgement
“Duration” - the period starting when the Props are dispatched to the Customer by Freestyle Designs and Fabrication and ending when they are returned to Freestyle Designs premises by the Customer;
“Hire” - the hire of the Props to the Customer by Freestyle Designs and Fabrication as set out in the Acknowledgement;
“Installation Services” - the provision of services to the Customer by Freestyle Designs and Fabrication including but not limited to the installation of Props at the Venue and the provision of Additional Services as set out in the Acknowledgement
“Venue” - the venue at which Freestyle Designs and Fabrication 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 Freestyle Designs and Fabrication or its employees 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];

 

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 Freestyle Designs and Fabrication to the Customer to the entire exclusion of all other terms and conditions, unless any such changes have been agreed in writing by both parties.

2.3 Any prices shown on Freestyle Designs and Fabrication website or literature and any quotations provided by Freestyle Designs and Fabrication do not constitute a legally binding offer by Freestyle Designs and Fabrication.

2.4 The Contract shall come into force when Freestyle Designs and Fabrication sends an Acknowledgement to the Customer subject to the Customer obtaining necessary Approvals as provided in clause 4.2.

 

3 PERFORMANCE BY FREESTYLE DESIGNS AND FABRICATION
3.1 The Customer agrees that the supply of the Services will be subject to Freestyle Designs and Fabrication reasonable artistic license and interpretation.

3.2 The provision of Props and Installation Services is subject to availability and Freestyle Designs and Fabrication 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 Freestyle Designs and Fabrication may, without liability, omit, change or move any element of the Services as Freestyle Designs and Fabrication reasonably considers necessary on the grounds of health and safety.
3.4 If Freestyle Designs and Fabrication 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 Freestyle Designs and Fabrication in advance.

3.5 If the Customer is not present when the Props or Installation Services are collected or delivered, Freestyle Designs and Fabrication 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 Freestyle Designs and Fabrication.
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 Freestyle Designs and Fabrication on request.

4.3 In the case of Installation Services and in the case of Hire, where Freestyle Designs and Fabrication 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.
4.4 The Customer shall ensure that the Props are:
4.4.1 only used indoors unless otherwise stated or agreed in writing in advance by Freestyle Designs and Fabrication;

4.4.2 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.

4.5 In the ease of the Installation Services, the Customer shall:
4.5.1 provide full and accurate technical details of the Venue and access to the Venue as required by Freestyle Designs and Fabrication prior to the Commencement Date. Freestyle Designs and Fabrication shall be entitled to terminate the Contract without liability if, in Freestyle Designs and Fabrication’s reasonable opinion, the results of those technical details are unsatisfactory;

4.5.2 ensure that Freestyle Designs and Fabrication 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

4.5.3 where appropriate, make available to Freestyle Designs and Fabrication such facilities including power supply and other support as may be reasonably necessary to assist Freestyle Designs and Fabrication in the performance of the Installation Services including off loading and uploading of the Props at delivery and collection.

4.6 In the case of Hire, the Customer shall:
4.6.1 provide assistance with off loading and uploading of the Props as required by Freestyle Designs and Fabrication;

4.6.2 ensure that all necessary measures are undertaken at the Venue to ensure that the Hire complies with relevant health and safety and fire regulations;

4.6.3 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

4.6.4 return the Props cleaned by the Return Date repackaged and in the same condition as they left Freestyle Designs and Fabrication premises.

4.7 The Customer acknowledges that Props are not new and may have signs of reasonable wear and tear.

4.8 The Customer acknowledges that any dimensions supplied by Freestyle Designs and Fabrication in relation to the Props and Services are approximate only.

4.9 The Customer acknowledges that the Props remain the property of Freestyle Designs and Fabrication at all times. Risk in the Props shall pass to the Customer on dispatch / delivery (whichever is earlier) and shall pass from the Customer to Freestyle Designs and Fabrication upon delivery back to Freestyle Designs and Fabrication.  

 

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 All pricing is quoted net of Value Added Tax, unless otherwise stated.

5.3 Freestyle Designs and Fabrication may increase the Price if the Customer changes the Venue or the Event Duration, which have been agreed with Freestyle Designs and Fabrication.

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 Freestyle Designs and Fabrication.

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 Freestyle Designs and Fabrication 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 Freestyle Designs and Fabrication becoming unable to complete the Services.

5.7 If the Customer fails to pay any amount payable by it under these Terms, Freestyle Designs and Fabrication 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 judgment, at the appropriate Government approved rate above the base lending rate of the Bank of England. In addition Freestyle Designs and Fabrication shall have the right to employ outside companies to collect any late payments. All such fees incurred will be borne by the customer.

 

6 OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS
6.1 Freestyle Designs and Fabrication reserves all rights in its intellectual property of any nature whatsoever including without limitation copyright, and Designs 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 Freestyle Designs and Fabrication.

 

7 LIABILITY AND INSURANCE
7.1 Freestyle Designs and Fabrication’s 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 Freestyle Designs and Fabrication’s 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, Freestyle Designs and Fabrication 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, Freestyle Designs and Fabrication’s 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 Freestyle Designs and Fabrication makes no warranty as to the suitability of the Props under Hire for the intended use by the Customer unless otherwise agreed by Freestyle Designs and Fabrication.
7.5 Freestyle Designs and Fabrication 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 Freestyle Designs and Fabrication’s other property whilst it remains in the possession of the Customer.

7.7 The Customer agrees that Freestyle Designs and Fabrication 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 Freestyle Designs and Fabrication, provide copies of such insurance cover to Freestyle Designs and Fabrication 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, Freestyle Designs and Fabrication 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 Freestyle Designs and Fabrication.

8.3 On termination of the Contract:
8.3.1 the Customer shall return to Freestyle Designs and Fabrication the Props and any other property of Freestyle Designs and Fabrication the Customer then has in its possession or control including without limitation any Confidential Information belonging to Freestyle Designs and Fabrication; and

8.3.2 Freestyle Designs and Fabrication 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 Freestyle Designs and Fabrication and the Customer irrevocably licenses Freestyle Designs and Fabrication and its employees to enter any such premises for that purpose.

 

9 FORCE MAJEURE
9.1 Freestyle Designs and Fabrications will perform its obligations under the contract within a reasonable time. The company will not be held liable for delays which are outside the company’s control.  

 

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 Freestyle Designs and Fabrication or its agents and any other confidential information concerning Freestyle Designs and Fabrication’s 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 Freestyle Designs and Fabrication 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 severable 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 These terms and conditions are governed by English law and we both agree to submit to the non-exclusive jurisdiction of the English courts.