TERMS & CONDITIONS OF HIRE – Warwickshire Party & Events

Effective Date: 6 October 2025

PLEASE READ THIS DOCUMENT CAREFULLY. IT SETS OUT THE LEGALLY BINDING TERMS AND CONDITIONS ON WHICH WE AGREE TO PROVIDE EQUIPMENT AND SERVICES TO YOU.

This agreement ("Agreement") is made between:

(1) Warwickshire Party & Events ("the Company", "we", "us", "our"); and (2) The person, firm, or company hiring the Equipment ("the Hirer", "you", "your").

By paying the Booking Fee, you confirm that you have read, understood, and agree to be bound by this Agreement.
 

1. Definitions and Interpretation

1.1. In this Agreement, the following terms shall have the following meanings:

• "Booking Fee": A fee, as detailed in the Quotation, required to reserve the Equipment and Services for the Event Date, which is deducted from the Total Hire Price.

• "Booking Form": The form submitted by you detailing your requirements for the hire.

• "Equipment": All items of decor, furniture, marquees, gazebos, and any other products provided by the Company for hire.

• "Event Date": The date for which the Equipment is hired.

• "Hire Period": The period from when the Equipment is delivered and set up until it is collected by the Company, typically up to a maximum of eight (8) hours on the Event Date unless otherwise agreed in writing.

• "Price List": The Company's current price list for the replacement or repair of Equipment.

• "Quotation": The formal quotation provided to you by the Company detailing the Equipment, Services, and Total Hire Price.

• "Services": The delivery, setup, and collection of the Equipment by the Company.

• "Total Hire Price": The total price payable by you for the hire of the Equipment and Services as set out in the Quotation.

• "Venue": The location for the Event Date where the Equipment will be used.
   

2. How the Contract is Formed

2.1. Our Offer: The issuing of a formal Quotation by us to you constitutes our formal offer to hire the Equipment and Services for your Event Date. This offer is valid for a period of fourteen (14) days. The Quotation itself is not a contract.

2.2. Your Acceptance & Contract Formation: A legally binding contract is formed only when we receive the Booking Fee (or the Total Hire Price, if applicable) from you in cleared funds. Until that payment is received, no contract exists, and no Equipment is reserved for you.

2.3. The submission of a Booking Form and any prior discussions are preliminary steps and do not, by themselves, create any binding obligations on either party.
 

3. Price and Payment

3.1. The Total Hire Price will be as stated in your Quotation.

3.2. To secure your booking, a Booking Fee of fifty percent (50%) of the Total Hire Price is required. This fee is payable upon acceptance of the Quotation. The Event Date is not reserved until the Booking Fee has been received by us in cleared funds.

3.3 The remaining balance of the Total Hire Price is due no later than twenty-eight (28) days before the Event Date.

3.4. If a booking is made less than twenty-eight (28) days before the Event Date, the Total Hire Price is payable in full to secure the booking.

3.5. We will issue an invoice for the final balance approximately six (6) weeks before the Event Date.

3.6. If the final balance is not paid by the due date, we reserve the right to treat the booking as cancelled by you, and the terms of Clause 5 (Cancellation by You) will apply. We shall be under no obligation to provide the Equipment or Services until the Total Hire Price is paid in full.

3.7. Payment shall be made via bank transfer to the account details specified on our invoice.
 

4. Your Statutory Right to Cancel (For Consumer Hirers Only)

4.1. If you are a consumer hiring for a private event and the contract has been concluded "at a distance" (e.g., via our website or email), you have a statutory right to cancel this Agreement within fourteen (14) days from the day the contract is formed (as per Clause 2.2).

4.2. To exercise this right, you must inform us of your decision to cancel in a clear written statement (e.g., by email) before the 14-day period expires.

4.3. If you exercise your right to cancel within this period, we will provide a full refund of any payments made, including the Booking Fee.

4.4. Waiver of Cancellation Right for Early Event Dates: By making a booking where the Event Date is within fourteen (14) days of the contract formation date, you are providing an express request for our Services to begin immediately. You acknowledge that your right to cancel under the 14-day statutory period will be lost once the Services (delivery and setup) have been fully performed. If you choose to cancel within this period after we have started the Services at your request, you will be required to pay for the proportion of the Services provided up to the point of cancellation.

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5. Cancellation by You (General Policy)

5.1. This clause applies to all cancellations made outside the 14-day statutory period described in Clause 4, and to all B2B Hirers. All cancellations must be made in writing. 5.2. Upon cancellation, your Booking Fee is forfeited to cover our administrative costs and the loss of booking opportunity. 5.3. The following cancellation charges apply, based on when we receive your written notice of cancellation:

a) More than 30 days before the Event Date: You will receive a refund of any monies paid, excluding the Booking Fee.

b) Between 30 days and 48 hours before the Event Date: You will be liable for seventy percent (70%) of the Total Hire Price. Any amount already paid above this will be refunded.

c) Within 48 hours of the Event Date: You will be liable for one hundred percent (100%) of the Total Hire Price. No refund will be given.

5.4. These charges represent a genuine pre-estimate of the losses the Company will incur as a result of your cancellation.
 

6. Cancellation by Us

6.1. We reserve the right to cancel your booking in the following circumstances:

a) You fail to make any payment by its due date.

b) You breach any material term of this Agreement.

c) We have reasonable grounds to believe the Equipment may be at risk of damage or theft, or that our staff may be at risk of harm.

d) The Venue is deemed unsuitable or unsafe upon our arrival, as detailed in Clause 8 and Clause 17. 6.2. In the event of cancellation by us under Clause 6.1, you will forfeit the Booking Fee and any other payments made. We shall have no further liability to you.

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7. Delivery, Setup, and Collection

7.1. We will deliver, assemble, and position the Equipment at the Venue on the Event Date at a pre-agreed time. Please allow a 30-minute window for unforeseen delays (e.g., traffic).

7.2. You must ensure that we have clear and safe access to the Venue for delivery and collection. You are responsible for any parking fees or other charges incurred in accessing the Venue

7.3. Our complimentary setup service is provided to ensure the Equipment is placed safely. While we will consult with you or your representative on placement, the final positioning will be determined by our staff to ensure safety and stability.

7.4. The Hirer is responsible for ensuring that the chosen location at the Venue is safe, suitable, and has sufficient space for the Equipment.

7.5. Collection will occur at a pre-agreed time, no later than 9:00 PM on the Event Date unless a later or next-day collection has been agreed in writing.

7.6. If we are unable to collect the Equipment at the agreed time due to any fault of the Hirer or the Venue (e.g., locked gates, denied access), you will be charged for an additional day's hire, plus a reasonable fee to cover our additional travel and time costs at a rate of £0.45 per mile and £25 per hour.

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8. Venue Suitability and Hirer's Responsibilities

8.1. Sole Responsibility: The Hirer accepts sole responsibility for ensuring that the Venue is safe, suitable, and adequate for the delivery, installation, and use of the Equipment. The Hirer must liaise directly with their Venue management to guarantee suitability in advance of the Event Date.

8.2. Specific Checks Required: The Hirer's responsibilities include, but are not limited to, verifying that: a) Access routes, including doorways, corridors, and lifts, are of a sufficient size to allow for the safe delivery of the Equipment. b) The ground or floor surface for both access and setup is stable, level, and capable of supporting the weight of the Equipment and our staff. c) Where required, a safe and compliant electrical power supply is available in the desired location for the Equipment. d) The area designated for the Equipment is free from obstructions and hazards.

8.3. Consequences of Unsuitability: If, upon arrival, the Company determines in its reasonable opinion that the Venue is unsuitable or unsafe for any reason, preventing the delivery or setup of the Equipment: a) The Company shall be under no obligation to deliver or install the Equipment. b) The booking will be treated as terminated by the Company due to the Hirer's breach of this clause. c) No refund of the Total Hire Price or any other fees paid will be issued. The Company shall have no further liability to the Hirer.

8.4. Hirer's Indemnity Regarding Venue: The Hirer acknowledges that ensuring the Venue's suitability is their sole contractual duty. The Hirer agrees to indemnify and hold harmless the Company against any and all claims, liabilities, losses, damages, and expenses (including legal fees) arising from any failure by the Hirer to comply with this Section 8. This includes, but is not limited to, any claims brought against the Company by the Venue's management or any third party relating to the suitability of the Venue or any damage caused to the Venue that is not a direct result of the Company's negligence during the performance of the Services.

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9. The Equipment

9.1. All Equipment remains the absolute property of Warwickshire Party & Events at all times.

9.2. The Equipment is for hire only and is not to be sold, sub-let, or otherwise disposed of by the Hirer, except as expressly permitted under Section 10 of this Agreement.

9.3. The condition of the Equipment will be recorded by time-stamped photographs upon completion of setup. You agree that these photographs represent an accurate record of the Equipment's condition at the start of the Hire Period. You have the right to inspect the Equipment upon setup and must notify our staff of any issues before they leave the Venue

9.4. We reserve the right to substitute any piece of Equipment with a suitable alternative of similar style and quality in the event of unavailability due to circumstances beyond our reasonable control (e.g., damage by a previous hirer). We will endeavour to inform you of any such substitution.

9.5. Due to the nature of our products, some items (particularly those that are handmade) may vary slightly in appearance from images on our website. All Equipment will be of a professional standard and quality.

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10. Sub-Letting (Business-to-Business Hires)

10.1. Sub-letting of Equipment by the Hirer to a third party is strictly prohibited without the prior express written consent of the Company.

10.2. If the Hirer is a business hiring the Equipment for the purpose of sub-letting to an end-user ("the Client"), the Company may grant consent subject to the Hirer agreeing to the following conditions:

a) The Hirer must provide evidence of its own valid Public Liability Insurance to a level satisfactory to the Company.

b) The Hirer warrants that it will incorporate all of the Company's safety rules and Hirer responsibilities (as set out in this Agreement) into its own hiring agreement with the Client.

c) The Hirer agrees to indemnify and hold harmless the Company against any and all claims, liabilities, losses, damages, and expenses arising from the sub-let, including but not limited to any injury to persons or damage to property.

d) The Hirer shall remain solely responsible and liable for any damage to, or loss of, the Equipment, regardless of whether it was caused by the Hirer or the Client.

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11. Hirer's Obligations: Responsibility, Safe Use, and Indemnity

11.1. Acceptance of Responsibility: The Hirer accepts full and sole responsibility for the Equipment for the entire Hire Period, from the completion of setup until the Equipment is collected by the Company. This responsibility extends to the actions of all guests, agents, and other persons present at the event.

11.2. Supplementary Safety Information: The Company may, at its discretion, provide supplementary safety information, such as signs, age recommendations, or specific instructions, to assist the Hirer. The Hirer acknowledges that this information is provided as a supportive measure only and does not, in any way, diminish or transfer the Hirer's sole responsibility for the constant supervision and safe conduct of their event as required under this Agreement. The provision of such information is not an admission of any liability for the general safety of the event, which remains the Hirer's absolute responsibility.

11.3. Duty to Supervise and Inform: The Hirer must ensure the Equipment is supervised by a responsible adult at all times. This is an active duty requiring the enforcement of these terms. The Hirer is responsible for ensuring all persons who use or are near the Equipment are made aware of the rules of safe use.

11.4. Prohibited Use: The Equipment must only be used for its intended purpose. The Hirer agrees to prevent, and shall be liable for any consequences arising from, the following prohibited uses:

a) Moving the Equipment from the location where it was installed by our staff.

b) Climbing, swinging, standing upon, or otherwise misusing Equipment not specifically designed for such purposes.

c) Permitting food, drinks, smoking, or any flammable materials on or near the Equipment.

d) Allowing any person who is visibly intoxicated by alcohol or any other substance to use or interact with the Equipment.

e) Making any alterations, repairs, or modifications to the Equipment.

11.5. Unsafe Equipment: If any Equipment is damaged or appears unsafe during use, it must be removed from use immediately. If it is not possible or safe to move the Equipment, it must be cordoned off or otherwise taken out of operation in the safest possible manner to prevent access or further use. The Hirer must inform the Company by telephone as soon as reasonably practicable.

11.6. Adverse Weather: Notwithstanding clause 11.4(a), the Hirer is solely responsible for protecting the Equipment in adverse weather (e.g., high winds, heavy rain). The Hirer must make a dynamic assessment of the safest course of action. Where possible, this is to immediately move any outdoor Equipment to a safe, sheltered location indoors. If it is not safe or practical to move the Equipment, the Hirer must secure it and take it out of use as per clause 11.5.

11.7. Indemnity: The Hirer agrees to indemnify and hold harmless the Company against any and all claims, liabilities, losses, legal fees, and expenses arising, directly or indirectly, from any breach of this Section 11. This includes, but is not limited to, claims for personal injury or property damage resulting from the misuse of the Equipment by the Hirer or any third party.

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12. Damage, Loss, and Cleaning

12.1. Standard Liability: The Hirer is liable for all costs associated with the repair or full replacement of any Equipment that is lost, stolen, or damaged during the Hire Period, beyond what we reasonably consider to be fair wear and tear. A Price List for replacement items is available on request.

12.2. Return of Found Items: If an item is declared lost and paid for by the Hirer, and is subsequently found, the Hirer may return it to the Company's premises at their own expense within 14 days to obtain a full refund of the replacement charge.

12.3. Cleaning Fee: The Equipment must be returned in a reasonably clean condition. A minimum cleaning fee of £35 will be charged if the Equipment requires cleaning due to spills, food residue, or other significant soiling.

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13. Optional Damage Waiver

13.1. We offer an optional, non-refundable Damage Waiver for a fee of ten percent (10%) of the Total Hire Price. This waiver is designed to limit your financial liability for accidental damage to the Equipment as specified below.

13.2. What the Damage Waiver Covers:

a) The waiver covers the repair or replacement costs for accidental damage or loss of Equipment up to a total value of fifty percent (50%) of the Total Hire Price.

b) Specific examples of covered damage include, but are not limited to: accidental scratches, scuffs, chips, and minor dents that occur during the Hire Period through normal and intended use.

c) The waiver covers the cost of cleaning fees as detailed in Clause 12.3.

d) It covers Equipment that is accidentally lost, provided the Hirer can reasonably account for its disappearance.

13.3. What the Damage Waiver Does NOT Cover: The waiver provides no cover for, and the Hirer remains fully liable for the total cost of:

a) Theft of any Equipment.

b) Malicious or Intentional Damage, including but not limited to vandalism, deliberate breakage, or damage caused by the application of excessive force.

c) Damage Caused by Misuse, specifically any damage resulting from a breach of the Hirer's obligations as set out in Section 11.

d) Weather Damage where the Hirer has failed to take appropriate protective action as required by Clause 11.5.

13.4. Process and Liability:

a) The Company will make a reasonable determination as to the cause of any damage or loss.

b) The Hirer is responsible for paying any repair or replacement costs that exceed the 50% coverage limit provided by the waiver.

c) In the event of theft or damage falling under the exclusions in Clause 13.3, the waiver is void. The 10% fee already paid by the Hirer will be credited against the total invoice for the full repair or replacement cost of the affected Equipment. d) The Damage Waiver is entirely optional. By purchasing the waiver, you acknowledge and agree to the terms and limitations set out in this Section 13.

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14. Limitation of Liability

14.1. Nothing in this Agreement shall exclude or limit our liability for:

a) Death or personal injury caused by our negligence;

b) Fraud or fraudulent misrepresentation; or

c) Any matter for which it would be illegal for us to exclude or attempt to exclude our liability.

14.2. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill.

14.3. We are not liable for business losses. If you are a consumer, we only supply the Equipment for domestic and private use. If you use the Equipment for any commercial or business purpose, our liability to you will be limited as set out in Clause 14.4.

14.4. Our Maximum Liability: Subject to Clause 14.1, our total aggregate liability to you for all other losses arising under or in connection with this Agreement, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the Total Hire Price paid by you for the booking.

14.5. We shall not be liable for any damage, loss, or injury arising from any pre-existing defect or unsafe condition at the Venue, or from the Hirer's failure to ensure the Venue's suitability as required under Section 8.

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15. Intellectual Property

15.1. All intellectual property rights, including copyright, in all content on our website, in our marketing materials, and in the design of our Equipment (including all photographs, text, and branding) are and shall remain the exclusive property of Warwickshire Party & Events.

15.2. You may not reproduce, copy, or otherwise use any of our intellectual property without our prior express written consent.

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16. Data Protection

16.1. We will use the personal information you provide to us to administer your booking, provide the Services, and process your payment.

16.2. By entering into this Agreement, you acknowledge that you have read and agree to the terms of our Privacy Policy, which is available on our website and which explains how we collect, use, and protect your personal data.

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17. Marquees and Gazebos

17.1. You must inform us in writing of the location of any underground services (e.g., pipes, cables) at the Venue before installation. We accept no liability for damage to undisclosed services.

17.2. You are responsible for ensuring the site is suitable for installation (e.g., level, clear of obstructions, suitable ground for anchors). We reserve the right to refuse installation if the site is deemed unsafe or unsuitable, and no refund will be issued in such circumstances.

17.3. Smoking, open flames, BBQs, or any other heat sources are strictly prohibited inside or near any marquee or gazebo. You will be liable for the full replacement cost of any canopy or structure damaged by heat or fire.

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18. Safety, Supervision, and Hirer Responsibilities for Play Equipment

18.1. Our Commitment to Safety: The Company confirms that all play equipment supplied is of commercial quality, complies with relevant British Standards including BS EN 14960 where applicable, holds a valid annual safety certificate (e.g., PIPA/RPII), and is installed by our trained staff. We will provide the Hirer with a verbal safety briefing and detailed written safety instructions upon delivery.

18.2. Hirer’s Core Responsibilities: The Hirer, by accepting delivery of the Equipment, confirms that they have received and understood all safety instructions. The Hirer accepts absolute responsibility for the following for the entire duration of the hire:

a) To provide constant and diligent supervision of the Equipment by a responsible adult (over the age of 18).

b) To ensure all users are aware of and adhere to the Rules of Play (see 18.4).

c) To ensure the Equipment is not misused or moved from its setup position.

18.3. Acknowledgement of Inherent Risk: The Hirer acknowledges that the use of bouncy castles and soft play equipment involves physical activity. As with any physical activity, there is an inherent risk of injury (e.g., bumps, bruises, sprains) even when the Equipment is used properly and safely. The Hirer agrees that these inherent risks are significantly minimised by adhering strictly to the Rules of Play and by providing the mandatory adult supervision detailed in clause 18.2.

18.4. Strict Rules of Play: The Hirer agrees to enforce the following rules, which are essential for safety. This list is not exhaustive, and additional equipment-specific rules will be detailed in the written safety instructions provided on delivery.

a) No shoes, badges, jewellery, or other sharp objects are to be worn on the Equipment. Spectacles are best removed.

b) No food, drinks, chewing gum, face paints, party poppers, coloured streamers, or silly string to be taken onto or near the Equipment.

c) Users must be segregated by size and age. Do not allow larger, more boisterous children to use the Equipment at the same time as smaller children.

d) Do not exceed the maximum number of users for the Equipment, which will be specified by our staff on delivery.

e) No climbing, sitting, or hanging on the walls of the bouncy castle.

f) No somersaults, wrestling, fighting, or other boisterous behaviour.

g) Anyone who is feeling unwell, or has been sick, must not use the Equipment.

18.5. Specific Conditions for Inflatable Equipment:

a) In the event of high winds (in excess of 24 mph, as per HSE guidelines), the Hirer must immediately cease use, deflate the inflatable, and switch off the blower.

b) The Hirer must ensure that the area around the inflatable is kept clear of hazards at all times.

c) If the blower motor stops working, the Hirer must immediately instruct all users to exit the inflatable and investigate the cause (e.g., check the power supply). The inflatable must not be used until the issue is resolved and it is fully re-inflated.

18.6. Hirer's Indemnity for Play Equipment: The Hirer acknowledges that the safe use of play equipment is entirely their responsibility. The Hirer agrees to indemnify and hold harmless the Company against any and all claims, liabilities, losses, and expenses arising from any injury to persons or damage to property caused by the use of the play Equipment, except where such injury or damage is a direct result of the Company's negligence in providing faulty or unsafe equipment.

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19. Force Majeure

19.1. We will not be liable for any failure or delay in performing our obligations where such failure or delay results from any cause that is beyond our reasonable control. Such causes include, but are not limited to: acts of God, flood, fire, adverse weather conditions, war, terrorism, pandemic, strikes, road closures, or governmental action ("Force Majeure Event").

19.2. If a Force Majeure Event prevents us from fulfilling our obligations, we will contact you as soon as possible. We will offer to either:

a) Reschedule the hire for a new, mutually agreeable date, subject to availability; or

b) Provide a full refund of all monies paid by you.

19.3. We shall have no other liability to you in respect of a Force Majeure Event.

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20. General

20.1. Entire Agreement: This Agreement and any document expressly referred to in it (such as the Quotation and Privacy Policy) constitute the entire agreement between you and us and supersede all previous discussions or agreements.

20.2. Variation: No variation of this Agreement shall be effective unless it is in writing and signed by us. We reserve the right to amend these terms and conditions at any time. The terms applicable to your booking will be those in force at the time your contract was formed.

20.3. Governing Law and Jurisdiction: This Agreement, and any dispute or claim arising out of it, shall be governed by and construed in accordance with the law of England and Wales. The courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim.

20.4. Third-Party Rights: A person who is not a party to this Agreement shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement.

20.5. Severance: If any court or competent authority finds that any provision of this Agreement is invalid, illegal, or unenforceable, that provision shall be deemed deleted, and the validity of the other provisions shall not be affected.