Ellis Leisure Terms and Conditions of Hire and Use
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ELLIS LEISURE Terms and Conditions of Hire and Booking
1. AGREEMENT. These Agreements are made between us ELLIS LEISURE and you the hirer for the hiring and delivery of goods.
1.01 We agree to hire and you agree to take on hire the goods shown in the booking form. The hire will start on the date of the delivery of the goods also and continue until collected by Ellis Leisure.
1.02 You will pay us:-
(a) the deposit payment shown on the booking form upon the signing of the agreement and
(b) the balance upon delivery of the goods.
1.03 You have selected the goods and agreed to inspect them upon delivery. If they are not satisfactory you will tell us of any defect immediately.
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2. CARE OF GOODS.
2.01 You will care for and operate the goods according to any instructions provided by us or the manufacturer and agree to use the goods only for the purpose for which they were designed. At your own cost and expense to keep the goods maintained and in good repair and condition allowing for fair wear and tear.
2.02 You will let us inspect the goods at any reasonable time and you will tell us immediately if you change your address or the address at which the goods are to be used.
You will not move them from the location shown on the hire contract without prior written consent.
You will not use or let the goods be used illegally nor will you let anyone obtain any rights over the goods or let anyone take them to pay any of your debts. You will at all times keep the goods under your control and will not sell, transfer or mortgage the goods to anyone. You will not connect any other equipment to the goods without our prior written approval.
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3. RISK. The risk in the Equipment will pass to you upon delivery of the same
3.01 All goods in your possession during the hire period are at the sole risk of you and in the event of any of the same being damaged, destroyed or stolen, ELLIS LEISURE shall be entitled to full payment thereof and the cost of replacing any such goods or reinstating or restoring such goods shall be charged as an extra provided that you shall not be responsible for any loss occasioned solely by the negligence of ELLIS LEISURE, their Subcontractor or their respective Employees.
3.02 You will keep the goods fully insured in its full replacement value against all risks prudently insured against at least throughout the hire period.
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4. EQUIPMENT SPECIFICATION. Equipment will be supplied generally in accordance with the specification given, However, the company reserves the right to change such specifications which do not affect the use of such equipment without reference to you.
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5. DELIVERY AND COLLECTION. If we are to deliver the goods to you then
(a) You will provide the requisite number of staff as detailed on the hire contract to unload the equipment from our vehicle and receive operating instructions and a demonstration where applicable.
(b) Ellis Leisure will accept no responsibility for any loss or damage incurred by their staff or representatives to goods or property that may occur during the delivery or collection of equipment.
DELIVERY TIMES deliveries are made between 7am -12.00pm and collections from 4.30pm . If your event finishes earlier than 4.30pm we are happy to accommodate you. Please note that we will always try to accommodate your party finish time to the best of our abilities but not always guaranteed.
Please note we can't always guarantee your desired finish time, and that Ellis leisure have the right to collect your equipment from 5pm onwards.
You will be notified of the estimated time of arrival and collection times of your equipment prior to your event. However this could end up being an earlier collect than stated.
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6. PAYMENT TERMS
(a) You are required to settle your accounts immediately upon delivery of the goods. If you fail to pay in full in accordance herewith then (without prejudice to our other rights). We reserve the right to remove the goods from your premises and to charge you the full cost of the hire of the goods and you will automatically become liable to pay us interest on the amount for the time being at 3% per month of the total invoice amount shown in the booking form calculated from the date of the due payment as well after as before any judgement and we will be entitled to terminate the relevant agreement and or any other agreement as set out below and to claim damages from you for breach. A deposit of £20.00 per item hired must be enclosed with the completed booking form. All cheque payable to Ellis Leisure. The deposit feeis not subject or limited to £20.00, it can be anywhere up to 25% to 50% of the total booking amount required.
(b) ELLIS LEISURE reserve the right to charge an administration fee of £50.00 for any payments made by you, by way of cheque credit or any form of payment which for whatever reason are not honored by you.
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7. CANCELLATIONS. Cancellation period for inflatable, game, soft play hire and other related products
7.1. If you cancel a booking within 168 hours (7 days) of your event date you will forfeit your deposit.
7.2. Cancellation made any other time incur no charge and any payments will be returned.
7.3. Cancellation of a confirmed booking will result in full payment being due if not cancelled before Ellis Leisure's Cancellation period, except for the exception detailed in section 7.5..
7.4. Cancellations are acceptable due to bad weather conditions if cancelled by telephone 48 hours before your event date.
7.5.1. Cancellations made by Ellis Leisure at any time due to adverse weather conditions will result in any payments paid (including deposits) being either refunded in full to the payee or transferred to a alternative/future booking at the request of either the payee and/or the customer.
7.5.2. Transfers of deposits either by request of the payee or by Ellis Leisure are limited to a time frame of twelve months unless specified and confirmed by Ellis Leisure to the contrary. At the point of the booking completing a transfer of deposit to an alternative date/time frame, the deposit refund policy is forgone and any payments made are undefendable.
7.6. Cancellations made by Ellis Leisure at any time, except for on the event date, due to other circumstances except for adverse weather will result in a forfeiture of your deposit.
7.7. Cancellations made by Ellis Leisure at any time due to other circumstances except for adverse weather conditions and in particular on the event date, may result in full payment being due.
** Corona Virus update **
We have recently received a number of enquiries asking, “What if we need to cancel our event due to the Corona Virus outbreak?” .
If you would like to book but are worried that your event may have to be postponed or cancelled due to the Coronavirus/Covid-19 outbreak and can't go ahead due to government restrictions, or because the venue has had to be closed because of a confirmed case we will accept transfer of the payment towards an alternative date (subject to availability) within 12 months of the original booking.
If you have any questions regarding this or any other issue, please don’t hesitate to contact us.
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8. RETURN OF GOODS.
After termination of this agreement you will at your risk and cost return the goods to us in good condition at an address specified by us unless collection has been pre-booked and paid for. A charge will be made for any late return of goods and equipment at the fully daily rate of equipment hire for each full day that the equipment is late in return or part thereof.
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9. LOSSES AND COSTS.
Under no circumstances will we be responsible for any loss of business or profit or any consequential loss howsoever arising. You the hirer indemnify ELLIS LEISURE against any loss or damage or injury to any third party arising through use of the equipment during the hire period howsoever arising.
Accept where such loss or damage or injury is caused by the negligence of Ellis Leisure their contractors, sub contractors or their servants.
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10. WARRANTY.
Subject to the terms and conditions set out in this agreement we warrant that all goods will be supplied free from defects in material and workmanship for the hire period. Our liability under this warranty is limited to repairing and replacing during normal business hours any defective equipment or component parts. We cannot be liable for any contingent special or consequential damage or bodily injury howsoever arising from such defects due to causes beyond our control. Our obligation under this warranty is to you alone and is subject to the equipment being used under normal operating conditions to our being satisfied from an examination that a defect in the equipment or any component part is due entirely to defective material or workmanship.
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11. FORCE MAJEURE.
We will not be liable for any delay, loss, damage or injury arising out of any cause whatsoever beyond our reasonable control.
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12. LAW.
This agreement will be governed and construed in accordance with the Laws of England and the parties hereby submit to the non- exclusive jurisdiction of the English Courts.
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13. DEFAULT OR INSOLVENCY OF HIRER
In the event that
(a) you breach any of the terms and conditions of this Agreement on your part to be performed or observed and (if such breach is remediable) such breach remains unremedied for seven days following written notice by us specifying such breach or
(b) you compose or negotiate for any composition with your creditors or become bankrupt or commit any act of bankruptcy or suffer a receiver to be appointed of all or any of your assets or permit a judgement against you to remain unsatisfied for more than seven days or (in the case of a company) enter into any form of liquidation or winding up we will be entitled without prejudice to any rights that we may have forthwith or at any time thereafter (by notice in writing to you). to determine this Agreement and you will (where applicable) cease to possess any equipment and will forthwith upon demand deliver to us, and in default thereof we will be entitled to repossess the equipment and we will be entitled by notice in writing to you to declare (and there will be forthwith become) immediately due and payable any amounts outstanding from you to us under this or any other agreement and all such amounts will bear interest at the rates set out above from the date of the notice until actual payment as well after as before any judgement.
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14. WAIVER
Any relaxation or indulgence granted by us to you will not be deemed in any way to be a waiver of or to prejudice our rights under this agreement.
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ELLIS LEISURE TERMS FOR HIRE
It is the responsibility of the hire to ensure that all possible steps are taken to avoid injury or damage to the equipment and its users. Please ensure that the following safety instructions are followed.
1) This unit has a maximum user height limit, please see the user height limit table on the front or on the side of the bouncy castle. You agree to ensure that no-one over these limits uses the equipment.
2) No food or drinks to be consumed on the equipment (to avoid chocking and mess)
3) No person(s) who have consumed any alcohol, drugs or any other intoxicating substance shall be permitted to use the equipment Any inflatable device on licensed Premises is operated in a fenced off, glass free area
4) All shoes, badges, jewellery (i.e. Large earrings, necklaces etc) MUST be removed. It is recommended that spectacles are also removed.
5) No face paints, party poppers, coloured streamers or “silly String” must be used near or on the equipment. These items and similar permanently stain the equipment and you will be liable for cleaning charges. Please do not allow and sand pits near the equipment
or any sand on the equipment as you will be liable for cleaning charges, and your deposit will be Cashed.
6) No smoking near the equipment.
7) Climbing, hanging, or sitting on the walls of the inflatable is VERY DANGEROUS and must not be allowed.
8) A responsible adult over the age of 18yrs MUST SUPERVISE THE EQUIPMENT AT ALL TIMES.
9) Ensure the inflatable is not overcrowded, by following the user table on the unit. Do not mix height or size of users.
10) Do not allow acrobats, or horse play on the unit do not allow participants become recklessor Boisterous, as this leads to injuries.
11) Do not allow anyone to bounce on the front step of the unit. The step is there to help users get on or off.
12) Ensure, that no-one with a history of back or neck problems are allowed to use the equipment.
13) Do not allow users to be on the inflatable during the inflation or deflation.
14) In the event of heavy rain (thunderstorms) it is recommended that the inflatable be switched off. Any wetness, including bubbling can be towel dried off once the inflatable is re-inflated. Please do not allow any soft play shapes to become saturated. If it starts to rain, please take any soft play shapes indoors, otherwise you could be charged.
15) Ensure, that the vent on the blower is kept clear at all times.
16) Please be aware that unless all balls are picked up and bagged before our return that your £20.00 deposit will be cashed.
17) Please be aware that if any footballs are lost or damaged you will incur a £20.00 charge.
18) Its the responsibility of the hire to ensure suitable crowd control measures are supplied and installed in accordance to meet the HSE’s recommendations when used in a public place, or when any volume of people may access the unit.
19) If you are unsure about anything please contact us on 01268 759630 or 07976 167836
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DISCLAIMER
Please note that all persons using this equipment do so at their own risk. The person/ organisation hiring the equipment will be responsible / liable for any damage or injury occurring from or as a result of misuse or reckless use. These guide lines are for the safety of all people using the equipment, and it is the sole responsibility of the hirer to ensure they are adhered to. Ellis Leisure cannot accept any responsibility for any injury caused to anyone using this equipment. You, the customer are responsible for any loss of equipment, and any malicious damage, or vandalism caused, excluding normal wear, while it is on hire to you.
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By agreement or proceeding to confirm a booking with Ellis Leisure you are subject to these Terms & Conditions. You are also subject to and agree to Ellis Leisure’s terms & conditions of the hire contract.
The Ellis Leisure Team
