TERMS & CONDITIONS

EQUIPMENT HIRE - STUDIO HIRE - WEBSITE & ONLINE SERVICES

Terms & Conditions

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Woodley Moss LTD Terms and Conditions for Equipment Hire

Terms and Conditions

Definitions:

“We, “Us”, “Our” means Woodley Moss LTD as the Hiree of The Equipment.

“The Hirer” means the person/s or organisation/s named as The Hirer on the Equipment Hire Agreement and/or person/s or organisation/s booking and purchasing the hire of The Equipment.

“The Equipment” means the items listed in the Equipment Hired section of this Equipment Hire Agreement and any equipment hired out by Woodley Moss LTD.

“Parties” means both Woodley Moss LTD and The person/s or organisation/s named as The Hirer on this Equipment Hire Agreement.

1.0 Collecting and Returning The Equipment

1.1 The Hirer shall demonstrate a valid form of Photo ID and allow us to take photographs of said ID prior to obtaining The Equipment. This may be done upon Collecting The Equipment from Our premises or upon Us delivering The Equipment at the Place Of Use.
1.2 If it has been arranged that We will deliver The Equipment, The Hirer accepts the following:
1. 1.2.1 The delivery time of The Equipment is the same as the Start of the Period Of Hire unless communicated and agreed otherwise by both Parties prior to signing this Equipment Hire Agreement.
2. 1.2.2 The Hirer or a suitable authorised representative must be present and available at the Venue listed in the Place Of Use at the Start time of the Period of Hire to accept delivery.
3. 1.2.3 In the event that We are unable to deliver The Equipment due to the absence of The Hirer or a suitable authorised representative from the Place Of Use or agreed location, additional delivery charges will be incurred at the same price as the original cost of delivery. Such additional charges must be paid by The Hirer in full prior to redelivery.
4. 1.2.4 The Hirer will ensure that the location or Venue where any services are to be performed is, where necessary, cleared and prepared prior to Our arrival to allow necessary unloading space.
1.3 If it has been arranged that The Hirer will Collect The Equipment, The Hirer accepts that the Start of The Period Of Hire is also the agreed time for Collection of said Equipment from Our premises unless otherwise determined and agreed by both Parties.
1.4 If an authorised third party is used to Collect and / or Return The Equipment on behalf of The Hirer, The Hirer is liable for any Equipment that is damaged, lost, stolen, abused or tampered with while in the custody of the third party.
1.5 If it has been arranged that We will Collect The Equipment from the Place Of Use, The Hirer accepts the following:
1. 1.5.1 The Hirer will ensure the Equipment Hired is Available For Collection by Us by the End of the Period Of Hire.
2. 1.5.2 The Hirer will ensure that the location or Venue where any services are to be performed is, where necessary, cleared and prepared prior to Our arrival to allow necessary loading space.
1.6 If it has been arranged that The Hirer will Return The Equipment, The Hirer accepts that the End of The Period Of Hire is also the agreed time by which The Equipment must be Returned.

2.0 Period of Hire

2.1 The agreed duration of hire of The Equipment is stated in the Period Of Hire section of this Equipment Hire Agreement with the commencement of hire identified as the Start of the Period Of Hire and the cessation of hire identified as the End of the Period Of Hire.
2.2 If The Hirer wishes to extend the duration of hire, they may do so at any time prior to the End of the Period Of Hire. The Hirer must contact Us directly to arrange such an extension and We shall use our best and reasonable endeavours to satisfy such requests but cannot guarantee the availability of The Equipment to The Hirer beyond the pre-existing Period Of Hire.
2.3 If The Hirer wishes to Return or arrange for Us to Collect The Equipment prior to the End of the Period Of Hire, The Hirer must contact Us directly to request such an arrangement and We shall use our best and reasonable endeavours to satisfy such requests but cannot guarantee the possibility to Return or Collect The Equipment prior to the already stated End of the Period Of Hire.
2.4 We reserve the right to recall and repossess any or all of The Equipment immediately at any time. The Hirer agrees to Our right to enter the premises of the location of said Equipment at any time in the event that We deem it necessary and exercise said right such as, but not limited to the conditions in sub-clause 7.1 and sub-clause 7.2. The Hirer will be charged for any costs associated with such recovery.

3.0 Damage Deposit

3.1 The Hirer will pay a Damage Deposit in full at a cost that We deem appropriate depending on the total value of The Equipment Hired prior to the Start of the Period Of Hire. The value of said Damage Deposit will be set out in the Cost Of Hire in this Equipment Hire Agreement.

3.2 From the End of the Period Of Hire We shall have an inspection period of 48 hours within which to fully examine and test The Equipment before determining the Condition in which it is Returned or Collected in.
3.3 We will refund the Damage Deposit to The Hirer in full after the inspection period if We determine that the following conditions have been met:
1. 3.3.1 The Equipment is Returned by The Hirer or Collected by Us in the same Condition as stated in the Equipment Hired section of this Equipment Hire Agreement.
2. 3.3.2 The Equipment has been Returned or is Available For Collection by the End of the Period Of Hire.
3. 3.3.3 At no point in time have any of the Terms & Conditions of this Equipment Hire Agreement been broken by The Hirer.
3.4 We reserve the right to keep the Damage Deposit either in part or in full if any of the Terms & Conditions of this Equipment Hire Agreement have been broken or if The Returned Equipment requires cleaning and / or maintenance that We consider to be beyond the boundary of normal wear and tear.

4.0 Fees, Payment & Cancellation

4.1 The Total Agreed Cost of Hire includes any and all Optional Extras selected by The Hirer and agreed by Us.
1. 4.1.1 If The Hirer wishes to book a Sound Engineer for the event, they will state in hours the duration of time that they wish to hire said Sound Engineer for as to enable Us to calculate the cost of such service.
  
  4.1.2 A 60 minute period or part of constitutes as one hour’s hire.

4.2 The Hirer will pay the Total Agreed Cost Of Hire in full prior to the Start of the Period Of Hire unless communicated and agreed otherwise by both Parties prior to signing this Equipment Hire Agreement.

4.3 Upon booking The Hirer will pay a non-refundable 25% deposit which will then be deducted from the Total 96Agreed Cost Of Hire. The remaining 75% of the Total Agreed Cost of Hire due must be paid prior to the Start of the Period Of Hire and may be paid immediately at the time of booking.
4.4 If The Hirer fails to pay the Total Cost of Hire prior to the Start of the Period of Hire for whatsoever reason We reserve the right to cancel the hire of The Equipment with immediate effect and retain any and all costs that have been paid up to that point.
4.5 If any of the Equipment Hired is not Returned or Available for Collection by the End of the Period Of Hire The Hirer agrees to pay for the continued hire of said Equipment at Our published daily hire rate for up to 7 days.
4.6 If any of The Equipment Hired is not Returned or Available for Collection within 7 days from the End of the Period Of Hire The Hirer agrees to pay the full cost of replacement of said Equipment within 21 days of the pre-existing End of the Period Of Hire.
4.7 If sub-clause 2.2 of the Terms & Conditions of this Equipment Hire Agreement is carried out successfully, The Hirer will pay for the additional hire of The Equipment at Our published daily hire rate.
1. 4.7.1 A 24 hour period or part of constitutes as one day’s hire.

4.8 If sub-clause 2.2 of the Terms & Conditions of this Equipment Hire Agreement is carried out successfully, We shall retain the payment by The Hirer of the pre-existing Total Agreed Cost of Hire.
4.9 The Hirer may cancel the hire The Equipment at any time prior to the Start of the Period Of Hire. In the event of this We will retain the cost of the 25% deposit and refund the remaining Total Agreed Cost Of Hire to The Hirer.
4.10 If The Hirer wishes to rearrange the dates of hire of The Equipment, they must contact Us directly to submit such a request and We shall use our best and reasonable endeavours to satisfy such requests but cannot guarantee the availability of The Equipment to The Hirer beyond the pre-existing Period Of Hire.
1. 4.10.1 The Hirer may only rearrange the dates of hire once without the requirement to pay an additional 25% deposit. If the duration of the Period Of Hire has changed from the pre- existing duration, the cost of hire will be reassessed by Us and may change in accordance. The new cost will be communicated and agreed by both Parties prior to confirming the rearranged Period Of Hire.
2. 4.10.2 If The Hirer wishes to rearrange the dates of hire a second time or more, it will be considered a new booking and The Hirer must pay a new non-refundable 25% deposit of the new Total Agreed Cost Of Hire. This will be deducted from the new Total Agreed Cost Of Hire but does not compound with the 25% deposit that has been paid upon the original booking.
3. 4.10.3 In the event that The Hirer cancels the booking after rearranging the dates of the Period Of Hire but prior to the up to date Start of the Period Of Hire, We will retain the new 25% deposit and refund the remaining new Totavl Agreed Cost Of Hire.

5.0 Use and Care of The Equipment

5.1 The Hirer agrees that all of The Equipment is in the Condition stated In the Equipment Hired section of this Equipment Hire Agreement at the Start of the Period Of Hire.

5.2 The Hirer agrees that the covers and cases that We have provided to store and transit The Equipment Hired in are a suitable means of protection whereby said Equipment is completely protected from any and all threats to its Condition from the elements and under normal care. Any functional or cosmetic damage that occurs to any of The Equipment is in no way related to the method of protectionWe have provided.
5.3 All of The Equipment will be used for the normal purpose for which it is designed.
5.4 No item of Equipment will be tampered with, abused or misused at any time.
5.5 If loss, damage or theft occurs to any item of The Equipment Hired while in the Custody Of The Hirer or third party at any moment, The Hirer will pay the full cost of replacement or repair to any and all affected items within 14 days of the End of the Period Of Hire.
5.6 By not requesting or requiring assistance of setup and instruction on how to use The Equipment Hired, they declare that they possess full competence and understanding on how to set up and use all The Equipment safely and as designed for service.
1. 5.6.1 The Hirer may not use fixings, stands or cables other than those supplied by Us.
2. 5.6.2 Any loss, damage or theft of The Equipment caused by misuse due to the non- familiarisation of said Equipment is the sole responsibility of The Hirer who will be charged for the cost of Replacement or Repair of any of the affected Equipment.
5.7 No person shall open The Equipment and thus expose the inner working mechanisms or interfere with any labelled information such as nameplates, signs, tags, serial numbers and / or other information.
5.8 In the event of any of The Equipment becoming damaged at any moment The Hirer will not request a third party to attempt to repair the issue or attempt to repair the issue themselves. It is the responsibility of The Hirer to stop using said Equipment immediately to prevent further damage.
5.9 No Equipment will be exposed to the elements (in particular water and spray) at any time and all Equipment will be kept protected to prevent physical contact from all persons other than authorised and competent representatives of The Hirer.
5.10 The Hirer will not lend, hire out or dispose any of The Equipment or remove it from the Venue listed in the Place Of Use section of this Equipment Hire Agreement. The Hirer must keep the Equipment in a suitable and safe environment at all times with the necessary care taken to prevent the occurrence of damage, theft and all other risks.

6.0 Indemnity & Liability

6.1 The Hirer will assume all responsibility for loss or damage to persons or property and agree to release and hold Woodley Moss LTD harmless for any and all claims, actions, proceedings, costs, expenses of whatsoever nature, arising out of or related to the use of The Equipment while in the custody of The Hirer during the Period Of Hire and beyond.
6.2 The Hirer shall pay any and all legal fees, costs and expenses incurred by Woodley Moss LTD in protection of its rights under this Equipment Hire Agreement and for any action taken by Woodley Moss LTD to collect any amounts due to Woodley Moss LTD.
6.3 Once The Hirer has signed this Equipment Hire Agreement to demonstrate they completely understand and agree with all the Terms & Conditions of this Equipment Hire Agreement, Woodley Moss LTD shall not be held accountable for the condition or operation of The Equipment Hired during unmanaged events.

7.0 Termination

7.1 Where The Hirer is an individual, We shall be entitled to terminate this Equipment Hire Agreement in the event that:
1. 7.1.1 The Hirer is in breach of any Terms & Conditions of this Equipment Hire Agreement.
  
  7.1.2 The Hirer has a receiving order made against them.
7.2 Where The Hirer is a company, We shall be entitled to terminate this Equipment Hire Agreement in the event that:
1. 7.2.1 The Hirer is in breach of any Terms & Conditions of this Equipment Hire Agreement.
  
  7.2.2 The Hirer goes into either voluntary or compulsory bankruptcy or liquidation.
7.3 In the event of termination of this Equipment Hire Agreement for any of the above reasons all payments required under this Equipment Hire Agreement shall become due and immediately payable.

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Woodley Moss LTD Terms and Conditions for Studio Hire

Terms and Conditions

Definitions

“Booking” means the hire of the Studio as well as any Extra Services for the Hire Period.

“Booking Fee” means the amount payable to the Company by the Client for the Booking of hire as stated in the Booking Form, or if not stated then as calculated in accordance with the normal charges of the Company.

“Booking Form” means written quotation of whatsoever nature issued by the Company and accepted by the Client (to be deemed accepted when work commences if no prior written acceptance is received by the Company) or the description of supply (but not any ”terms & conditions”) contained in any written format of the Client accepted by the Company.

“Extra Services” means any Extras added in addition to the primary service selected on the Booking Form.

“Client” means the person or company referred to in the Booking Form.

“Client’s Equipment” means any equipment brought onto the Company’a Premises by the Client, the Client’s Personnel or Client Representatives.

“Client’s Personnel” means any persons invited and directly accompanying the Client to enter the Studio in relation to the Booking.

“Client’s Representatives” means any persons acting on behalf of the Client in relation to entering the Studio or engaging with any business of whatsoever nature with the Company.

“Client’s Media” means the Client’s personal media of whosoever nature including but not limited to personal pre-recorded material in any format personal visual media such as video and photographic content.

“Company” means Woodley Moss LTD trading as Woodley Moss Studios.

“Company’s Invoice” means the document issued to the Client consisting of the total work being carried out for the Client and the amounts payable to the Company by the Client.

“Fees” means the Booking Fee and any other amounts payable to the Company as stated on the Company’s invoice.

“Formally Accepted” Written confirmation or notification of acceptance to the Client by the Company.

“Hire Period” means the period of time the Studio shall be hired for by the Client as described in the Booking.

“Parties” means both the Company and the Client.

“Premises” means the premises containing Woodley Moss LTD located at Little Normanby, Main Street Normanby, Scunthorpe DN15 9HZ.

“Project” means the service/s as described on the Booking Form and Company’s Invoice.

“Post-Production Work” means any post-production processing carried out by the Company of any kind of Project as described on the Booking Form and/or Company’s Invoice during or beyond the Hire Period.

“Recording” means any single or multi-track audio and/or audio-visual recording of one or more pieces of recorded sound or visual media recorded or used during the Booking or which is the subject of any types of work carried out in the Studio.

“Work Products” means any and all final products of work carried out by the Company that is deliverable or is to be accessible to the Client.

Session Footage” means any audio and/or photographic/video material documenting the making of any Project, Recording or any other work during the Hire Period.

“Studio” means the recording studio and equipment specified in the Booking Form.

“Staff” means the staff of the Company identified as such in the Booking Form.

1.0 Bookings & Cancellations

1.1 The Company will only accept and confirm Bookings under the circumstances that all necessary and requested Staff are available to undertake the Project.
1.2 When a Project or Booking is Formally Accepted by the Company;
1. 1.2.1 It is the responsibility of the Client to be in communication with the associated Staff and to be able to respond to the enquiries of whatsoever nature made by said Staff member/s.
2. 1.2.2 The associated member of Staff will contact the Client through the email address or phone number provided by the Client.
3. 1.2.3 If the Client does not respond within 48 hours to the first attempt of contact made by Staff, the associated member of Staff will make a second attempt to contact the Client using either the same or alternative method. Following the second attempt, the Staff is not obligated to make any further attempts to contact the Client.
4. 1.2.4 It is the Client’s responsibility to check all potential locations/folders in their associated email address and phone for attempts of contact made by the Company.
5. 1.2.5 If there are any problems with the contact or Project details provided by the Client, it is the Client’s responsibility to contact the Company to amend said problems and the Company holds no responsibility for any defects in the execution of the Booking arising from said problems.
1.3 If the Company receives no response or attempt of communication by the Client despite the previous attempts of communication made by the Staff, both Parties will deem the Booking to be accepted and in place and the Company shall reserve the right to retain any and all payments associated with the Booking.
1.4 The Client may request to rearrange the Booking at least 10 days prior to the start of the Hire Period and the Company shall use its best and reasonable endeavours to satisfy such requests but cannot guarantee the availability of the Studio to the Client beyond the pre- existing Hire Period.
1.5 If the Client pays the full amount to the Company at the time of Booking, the deposit will be calculated by the Company in accordance with the total cost of the Booking and stated in the Company’s Invoice.
1.6 In the event that the Client cancels the Booking within and including 7 days of the time of purchase, the Company will issue a full refund (excluding the 4% payment processing fee paid by the Client at the time of Booking if applicable).
1.7 In the event that the Client cancels the Booking after 7 days of the time of purchase and more than 48 hours from start of the Hire Period, the Company reserves the right to retain the deposit paid by the Client at the time of Booking or in accordance with clause 1.5.
1.8 In the event that the Client cancels the Booking within 48 hours from start of the Hire Period, the Company retains the full amount of the total cost of Booking including any agreed and paid Extra Services. No refund is given.
1.9 In the event that the Client cancels a rearranged Booking at any time, the Company reserves the right to retain any and all Fees and payments made to the Company by the Client. No refund may be given.

2.0 Fees

2.1 Unless agreed by the Company otherwise in advance and in writing, the Client shall pay the deposit for the Booking immediately in full and the remaining balance of such Fees owed to the Company as stated in the Company’s Invoice shall be paid by the Client in full within 24 hours of the commencement of the Hire Period.
2.2 The Company may raise invoices in respect of the Fees at any time.
2.3 Any Company’s Invoice raised to the Client on or after the commencement of the Hire Period shall be payable immediately.
2.4 The Fees will not in any event be reduced or refunded;
1. 2.4.1 By virtue of the Client’s failure to use the Studio for any or all of the Hire Period
2. 2.4.2 If any Works Products have been delayed due to events beyond the reasonable control of the Company
2.5 The Company may suspend all or part of the services to be provided to the Client under the Booking and reject the release of any Work Products to the Client until all outstanding Fees have been received and cleared by the Company.
2.6 The Company may exercise clause 3.8 and clause 7.5.

3.0 The Client’s Personnel, Client’s Equipment and Client’s Representatives

3.1 The Company shall supply blank media for Recording if required.
3.2 The Client hereby agrees that each of the Client’s Personnel and Representatives shall abide by the Company’s rules including all points stated on this Woodley Moss LTD Terms and Conditions for Studio Hire document as well as respect the Studio and Staff.
3.3 The Client will only authorise people directly involved in the Project to enter the Studio and its Premises and only during the Hire Period. The Company reserves the right to require any person not involved to leave the Premises.
3.4 The Client is responsible for;
1. 3.4.1 The Client’s own actions and/or omissions
2. 3.4.2 The actions and/or omissions of the Client’s Personnel and Representatives
3. 3.4.3 The cost of hire for any Client’s Equipment
4. 3.4.4 Any and all loss or damage to the Client’s Equipment at any tim
5. 3.4.5 The integrity and health of the Client’s Media and the Company shall not be liable for any deficiency
6. 3.4.6 Any and all injury, loss or damage to any equipment and Premises caused by any act or omission of the Client, Client’s Personnel or Client’s Representatives
7. 3.4.7 Any and all injury, loss or damage to any equipment and Premises caused by any deficiency of the Client’s Media or Client’s Equipmen
8. 3.4.8 Any costs and expenses incurred by the Company on behalf of the Client, at the Client’s request or the request of the Client’s Personnel and/or Client’s Representatives

3.5 The Client shall swiftly vacate the Studio and remove all Client’s Equipment, Client’s Personnel and and Client’s Representatives at the end of the Hire Period.
3.6 The Company reserves the right to issue the Client 2 months notice to require the Client to collect the Client’s Equipment and any equipment left by the Client’s Personnel and/or the Client’s Representatives. Should the Client fail to do so on or before the expiration of the notice period the Company shall reserve the right to destroy or otherwise dispose of said equipment without liability to the Client.
3.7 The Client understands and agrees that all risk in the Client’s Equipment, Client’s Personnel’s Equipment and/or Client’s Representative’s Equipment when in transit or otherwise off the Premises shall vest in the Client.
3.8 The Company retains a lien on any property of the Client and/or Client’s Equipment in its possession for any unpaid balance of sums the Client may owe to the Company.
3.9 The Client is responsible for the integrity of the Client’s Media including but not limited to the Client’s Part-Recorded Media and the Company shall not be liable or held responsible for any deficiency in or caused by such media under any circumstance.

4.0 Studio Facilities

4.1 The Client is solely responsible for;
1. 4.1.1 Ensuring that the Client’s Equipment and Client’s Media is compatible with the Studio
  4.1.2 Ensuring that the Studio is suitable for the Client’s purpose and needs
  4.1.3 The quality of any Work Product engineered by the Client’s Personnel and/or Client’s Representatives
  4.1.4 Any damage or issue caused to the Studio (including any Studio equipment and software) or to the Recordings on account of the use of the Client’s Media, including but not limited to virus damage

5.0 Sound Levels

5.1 The Client understands that it must comply with all relevant legislation and regulation aimed to protect persons from prolonged exposure to high levels of noise (identified as 85dB(A) as it may cause damage to hearing.
5.2 The Client is responsible for the noise levels within the Studio and keep it as low as reasonably practicable. The Client shall be liable for any damage to hearing caused to the Client, the Client’s Personnel and the Client’s Representatives.
5.3 The Company reserves the right to take any action deemed necessary to maintain safe and tolerable noise levels and that no claim whatever nature shall be made against the Company in regards to time lost or inconvenience of such actions.

6.0 Filming and Photography

6.1 The Client, the Client’s Personnel and the Client’s Representatives are permitted to film and photograph within the Studio building provided that it is for professional purposes including but not limited to;
1. 6.1.1 Session Footage
2. 6.1.2 PR content
3. 6.1.3 Promotional or marketing content
6.2 The Company reserves the right to halt any and all filming and photography in the Studio or on its Premises at any moment.
6.3 Professional filming in the Studio or on its Premises for productions such as music videos will be requested by the Client for approval by the Company and agrees to pay any accompanying Fees if applicable.

7.0 Work Products and Materials

7.1 The Client agrees to procure the collection of the Work Products and ancillary materials (if any) after the agreed collection date as agreed between both Parties.
7.2 After the agreed Collection Date;
1. 7.2.1 The Work Products and any associated materials shall be held by the Company solely at the risk of the Client
2. 7.2.2 The Company reserves the right to issue the Client 2 months notice to require the Client to collect, save or download any and all Work Products or ancillary materials. Should the Client fail to do so on or before the expiration of the notice period the Company shall reserve the right to destroy or otherwise dispose of Work Products and/or ancillary materials without liability to the Client
7.3 Notwithstanding the foregoing, until such time the Company shall be in receipt of cleared payment of all the Fees and any amounts payable by the Client the Company reserves the right to retain possession of all Work Products and materials.
7.4 The Client understands and agrees that all risk in the Work Products and/or materials when in transit or otherwise off the Premises shall vest in the Client.
7.5 The Company retains a lien on any property of the Client and/or materials in its possession for any unpaid balance of sums the Client may owe to the Company.
7.6 The Company reserves the right to retain a copy of any and all Work Products and Recording of whatsoever nature involved with the Company and/or by the Client and reserves the right to use said Work Products and/or Recording for any means the Company sees fit without the risk of objection by the Client to do so at any time.

8.0 Indemnity

8.1 The Client understands and agrees to indemnify the Company against any loss, damage, costs and/or expenses suffered or incurred by the Company by virtue of:
1. 8.1.1 The Client’s making, use or exploitation of any work carried out in the Studio or by Staff
2. 8.1.2 The Client’s cancellation of the Booking including but not limited to any reasonable costs or expenses incurred by the Company that is associated with the Booking prior to the cancellation of, or as a result of, the Booking
3. 8.1.3 The Client’ breach of any of the Terms and Conditions listed on this Woodley Moss LTD Terms and Conditions for Studio Hire document
4. 8.1.4 Any loss or damage caused to the Company or the Premises of whatsoever nature caused by the Client, the Client’s Personnel or the Client’s Representatives or as a result of the any use of the Client’s Media or Client’s Equipment
8.2 The Client is liable to pay any and all legal fees, costs and expenses incurred by the Company in protection of its rights under this Woodley Moss LTD Terms and Conditions for Studio Hire document and for any action taken by the Company to collect any amounts due to the Company.

9.0 Content of Recording and Restrictions

9.1 The Client warrants that nothing whatsoever shall be in included in any Recording or Work Products which constitutes a breach or infringement of any copyright or rights of any third party or shall be in any way illegal, scandalous or obscene. The Client indemnifies the Company against any liability in respect of such infringements and will pay any and all costs and expenses incurred by the Company in reference to any such claim. The Client is liable to pay any and all legal fees, costs and expenses incurred by the Company and shall extend to any amount paid on a lawyer’s advice in respect to any such claim.
9.2 The Client declares that that no Recording shall be used to create software or hardware audio products including but not limited to, plug-ins or sample instruments without written permission from the Company.

10.0 Access

10.1 The Client’s access to the Studio shall be limited to such areas of the Premises that are necessary for the Booking or as permitted by the Company.
10.2 The Company reserves the right to refuse entry by the Client, Client’s Personnel or Client’s Representatives at any time.
10.3 The Company reserves the right to request and require the Client, Client’s Personnel or Client’s Representatives to leave the Studio and it’s Premises immediately at any time.

11.0 Termination

11.1 The Company reserves the right to terminate any Booking, service or agreement at any time with immediate effect without the reduction or refund of any Fees received to the Company by the Client in the event that; any of the Terms and Conditions within this document are breached.
11.2 The Company also reserves the right to terminate any Booking, service or agreement at any time with immediate effect without the reduction or refund of any Fees received to the Company by the Client in the event that;
11.2.1 The Company deems any Staff, Equipment, the Studio or its Premises are in any way under threat of injury, loss or damage by virtue of the Client, the Client’s Personnel or the Client’s Representatives

12.0 Force Majeure

12.1 Notwithstanding any other term of this Terms and Conditions document the Company shall not be under any liability for any failure to perform any of its obligations under this Terms and Conditions document or any other Booking document due to “Force Majeure”. Following the notification by the Company to the Client of such cause, the Company shall be entitled to a reasonable extension of time to perform its obligations. For the purpose of any agreement, “Force Majeure” means any matters beyond the reasonable control of the Company, including but not limited to:
1. 12.1.1 An Act of God, explosion, flood, fire, tempest or accident
2. 12.1.2 An epidemic or pandemic, including but not limited to, any outbreak of COVID-19
3. 12.1.3 A threat of war, sabotage, insurrection, civil disturbance or requisition
4. 12.1.4 Import or export regulations or embargoes
5. 12.1.5 Acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority
6. 12.1.6 Strikes, lock-outs or other industrial actions or trade disputes (whether involving Staff of the Company or of a third party)
7. 12.1.7 Power failure or breakdown in machinery or equipment
12.2 In the event of a force majeure caused by the Client which results in the cancellation of a session before it has commenced then terms of cancellation identified in section 1.0 of this Terms and Conditions document apply.

12.3 In the event of Real World cancellation by the Company, the Company in the first instance look to reschedule the Booking. Failing that, the Company will reimburse any received payment in an agreed manner (excluding the 4% payment processing fee paid by the Client at the time of Booking, if applicable).
12.4 In the event of a force majeure resulting in the cancellation of a session whilst taking place during the Hire Period, the Company will refund 50% of the cost of Studio Hire and 50% of the cost of any Extra Services that commenced during the Hire Period up to the point of cancellation.

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Woodley Moss LTD Terms and Conditions for Website and Online Services

Terms and Conditions

Definitions

“Company” means Woodley Moss LTD trading as Woodley Moss Studios.

“Media” means any format of audio and/or audio-visual formats of media including but not limited to photographs and videos.

“Staff” means the staff of the Company identified as such in the Booking Form.

“Studio” means the building/s of which Woodley Moss LTD operates and carries out its services in.

“We”, Us”. “Our” means Woodley Moss LTD trading as Woodley Moss Studios or its controlled affiliates.

“Website” means the website ‘woodleymoss.com’ as the property of and operated by Woodley Moss LTD trading as Woodley Moss Studios.

“You”, “Your” means the person using the Website and booking the online service.

This Terms and Conditions documents applies to the use of the Website and/or the use and/or booking of any online service as published on the Website such as Online Mixing, Online Mastering and Online Mixing & Mastering.

1.0 Access and Acceptance of Terms

1.1 Your access to and use of the Website and the Services referred to in Section 2 is subject to the Terms and Conditions listed on this document. By accessing and using this Website and/or the Services you declare that you have read the Terms and Conditions of this document and in any event accept and agree to be bound by them. If you DO NOT wish to be bound by these Terms and Conditions use must cease using the Website and/or the Online Services.
1.2 We reserve the right at our sole discretion to change, modify, add or subtract portions of the Terms and Conditions listed in this document at any time without further notice or warning. In the event of this happening, We will post any changes to the Terms and Conditions on this document along with the date of change. If you do not agree or cannot comply with the Terms and Conditions, amended or not, Your only remedy is to cease using the Website and/or Services.

2.0 The Services

2.1 The Services the Website offers are of digital format and include;
1. 2.1.1 Online Mixing
  2.1.2 Online Mastering
  2.1.3 Online Mixing & Mastering

3.0 Age Restriction

3.1 You must be at least 18 years of age to use the Website and book the Services.
3.2 Children under the age of 13 may not access or use Our Website. If You are under 18 years of age but over 13 years of age You may use this Website only with the consent and supervision of a parent or guardian.

4.0 Use of the Website and Services

4.1 You are solely responsible for any audio files, Media, data, text and information (“Materials”) submitted and provided by You.
4.2 You agree, represent and declare that:
1. 4.2.1 You solely own or control all of the rights to the Materials that you submit to the Website and that you are not prohibited from submitting the Materials to Us by any other agreement or obligation.
2. 4.2.2 All information and data you provide is correct, accurate and up to date.
3. 4.2.3 Providing You are not a consumer, You declare and confirm that You have the authority to bind any business on whose behalf You use the Website/Services.
4.3 You agree not to;
1. 4.3.1 Use the Website or Services to send spam email, junk email, chain letters, pyramid schemes or any other unsolicited messages.
2. 4.3.2 Use this Website or any Services to submit, upload, display, transmit, transfer, disseminate or use any Materials that are false, incorrect, inaccurate, hateful, ab.usive, vulgar, harassing, sexually orientated, threatening, invasive or violates any law
3. 4.3.3 Threaten, abuse, stalk or violate the legal rights of others.
4. 4.3.4 Upload, post or disseminate any Materials in any manner that infringes any copyright, trademark, patent or other proprietary right of any party.
5. 4.3.5 Use the Website and/or Services to distribute files illegally or violate or disrupt the rights of others to copy and distribute protected work.
6. 4.3.6 Impersonate any other person or entity in connection with Your use of the Website and any of its services.
7. 4.3.7 Transmit any Materials or software that contains a virus, worm, time bomb, trojan horse or any other harmful, disruptive or deleterious component.
8. 4.3.8 Inhibit or restrict any other persons from using the Website and any oil its services.
9. 4.3.9 Use the Website and/or its services in such a way that may damage, disable or impair the Website and/or its services or disrupt any other party’s use of the Website and/or its services.

5.0 Pricing, Booking and Contact Upon Purchase

5.1 The price of all Online Services as referred to in Section 2 includes a 4% payment processing fee.
5.2 You give Woodley Moss LTD permission to commence the performance of its services immediately upon payment and sending of tracks. We do not provide any refunds subsequent to work commencing on Mixing and/or Mastering projects.
5.3 We will provide one (1) set of revisions free of charge to downloaded Materials upon written request.
5.4 Once We receive your payment and/or booking of Services, the appropriate Staff as requested by You in the Booking process Will contact You regarding the selected Service via Your preferred contact method via email or by phone.
1. 5.4.1 It is Your responsibility to be in communication with the associated Staff and to be able to respond to the enquiries of whatsoever nature made by said Staff member/s in the goal of Us supplying a successful Service.

5.5 In the event that We cancel a Service for reasons unrelated to Force Majeure, We will issue a full refund to You (excluding the 4% payment processing fee paid by the You at the time of purchase if applicable).

6.0 Copyright Information

6.1 All Materials on this Website including but not limited to text, data, images, videos, graphics, logos, audio clips, video and audio links, digital downloads, data compilations and software is owned, controlled by, permitted for use by or licensed to Woodley Moss LTD.
6.2 Material on this Website is made solely for your personal, non-commercial use and may not be copied, reproduced, modified, republished, uploaded, transmitted, posted or distributed in any way, including by electronic means without prior written consent by Us.
6.3. You may download Materials intentionally created for downloading form this Website for your personal, non-commercial use only provided that You keep intact any and all copyright, trademarks and any other proprietary notice that may appear on such Materials.

7.0 Woodley Moss Studios Credit

7.1 We hereby grant You permission and You agree to include the following credit in relation to any CD or other Record that has been mixed by the Woodley Moss Studios Online Mixing Service and released to the public by You:
1. 7.1.1 Mixed by Woodley Moss Studios www.woodleymoss.com
7.2 We hereby grant You permission and You agree to include the following credit in relation to any CD or other Record that has been mastered by the Woodley Moss Studios Online Mastering Service and released to the public by You:
1. 7.2.1 Mastered by Woodley Moss Studios www.woodleymoss.com
7.3 We hereby grant You permission and You agree to include the following credit in relation to any CD or other Record that has been mixed & mastered by the Woodley Moss Studios Online Mixing & Mastering Service and released to the public by You:
1. 7.3.1 Mixed & Mastered by Woodley Moss Studios www.woodleymoss.com
7.4 Such credit as listed in clause 7.1, clause 7.2 and clause 7.3 shall be included in a suitable place in the inner sleeve liner notes of the CD or record and shall be in the same size, typeface and font as any other related information in such liner notes.

8.0 Archiving

8.1 Woodley Moss Studios provides no warranty or declaration that it shall retain any Materials once the requested work has been completed and the relevant Materials and Work Products received and downloaded by You and therefore cannot be held responsible for any and all loss of Materials.
8.2 You give Woodley Moss Studios permission to retain and/or archive copies of Materials and Work Products and use them for professional purposes including but not limited to posting on this Website and Woodley Moss media platforms and utilising them for the advertisement and promotion of Woodley Moss Studios.

9.0 Warranty And Compatibility

9.1 Woodley Moss LTD makes no warranty or guarantee that any particular computer, portable device or other hardware will be compatible Wirth chew Website Products, Services and Booking functionality. It is Your sole responsibility to ensure your playback and chosen system(s) will function correctly with the Website.

10.0 Exclusion of Warranties

10.1 Except as stated in this Terms and Conditions document, the products and services not his Website are provided ‘as is’ and ‘as available’ with no representations or warranties of any kind in any event. You assume total responsibility and risk for Your use of this Website and its Services.

11.0 Indemnity and Limitation Of Liability

11.1 TO THE FULL EXTENT PERMITTED BY LAW, WOODLEY MOSS LTD, ITS AFFILIATES AND ASSOCIATED STAFF ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, SPECIAL OR OTHER DAMAGES AS A RESULT FROM OR RELATING IN ANY WAY TO THIS WEBSITE, THE PRODUCTS, THE SERVICES OR YOUR USE THEREOF. THIS APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT OR ANY OTHER BASIS, EVEN IF WOODLEY MOSS LTD HAS BEEN ADVISED ON THE POSSIBILITY OF SUCH DAMAGE. WOODLEY MOSS LTD DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS WEBSITE OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY EXISTING DEFECTS WILL BE CORRECTED, THAT THIS WEBSITE OR THE SERVERS THAT MAKE THEM AVAILABLE ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WOODLEY MOSS LTD DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE WEBSITE OR THE SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS OR OTHERWISE.
11.2 Notwithstanding any other Terms and Conditions listed in this document, You and Woodley Moss LTD agree that the maximum liability of Woodley Moss LTD to You for any claims of whatsoever nature arising from or related to the Services whether in contract, tort or otherwise shall be absolutely limited to an amount equal to the respective fee paid by You.

12.0 Termination

12.1 We reserve the right to terminate Your access to the Website and/or its Services at any time.

13.0 Indemnity

13.1 You remain solely responsible for the Materials and You agree to indemnify, defend and hold harmless Woodley Moss LTD and their affiliates, Staff, directors and owners from and against all claims, losses, expenses, damages and costs including but not limited to lawyer’s and other respective legal fees arising out of or resulting from any violation or any alleged violation by You of the Terms and Conditions within this document. Such violations include but are not limited to Your transmission of Materials and Woodley Moss LTD’s utilisation of in regards to the Services and as set forth therein. Woodley Moss LTD reserves the right to control the defence of any matter subject to indemnification by You.

14.0 ForceMajeure

14.1 Notwithstanding any other term of this Terms and Conditions document the Company shall not be under any liability for any failure to perform any of its obligations under this Terms and Conditions document or any other Booking document due to “Force Majeure”. Following the notification by the Company to the Client of such cause, the Company shall be entitled to a reasonable extension of time to perform its obligations. For the purpose of any agreement, “Force Majeure” means any matters beyond the reasonable control of the Company, including but not limited to:
1. 14.1.1 An Act of God, explosion, flood, fire, tempest or accident
  14.1.2 An epidemic or pandemic, including but not limited to, any outbreak of COVID-19
  14.1.3 A threat of war, sabotage, insurrection, civil disturbance or requisition
  14.1.4 Import or export regulations or embargoes
  14.1.5 Acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority
  14.1.6 Strikes, lock-outs or other industrial actions or trade disputes (whether involving Staff of the Company or of a third party)
  14.1.7 Power failure or breakdown in machinery or equipment

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Woodley Moss LTD Terms and Conditions for Experience Gifts

Terms and Conditions

Definitions

“Booking” means the agreed time and date of the Experience duration between the Customer/Recipient and the Company.

“Company” means Woodley Moss LTD trading as Woodely Moss Studios.

“Customer” means the person that has purchased an Experience.

“Experience” means any of the Gift Experience products as advertised on the website that is purchased by the Customer.

“Recipient” means any the person whom the Experience was purchased for by the Customer, as identified on the letterhead.

“Company” means Woodley Moss LTD trading as Woodley Moss Studios.

“Premises” means the premises containing Woodley Moss LTD located at Little Normanby, Main Street Normanby, Scunthorpe DN15 9HZ.

“Recording” means any single or multi-track audio and/or audio-visual recording of one or more pieces of recorded sound or Visual Media recorded or used during the Booking or which is the subject of any types of work carried out in the Studio related to the Experience.

“Staff” means the staff and/or representatives of the Company.

“Studio” means the recording studio and equipment specified in the Booking Form.

“Visual Media” means any video/visual content, edited or originally recorded as a result of any work carried out in the Studio related to the Experience.

1.0 Bookings & Cancellations

1.1 To successfully book an Experience, the Customer must follow the instructions as laid on on the attached letterhead that is sent to the Customer upon purchase of an Experience. The Customer must contact the studio directly in order to book their Experience.

1.2 Booking an Experience is subject to studio availability and studio opening times as stated on the website. We advise booking your Experience promptly and well in advance to avoid disappointment.

1.3 Once you book an Experience day with the Company, the Customer is bound by the Company’s Terms & Conditions as stated in clause 1.0 of the ‘Woodley Moss LTD Terms & Conditions For Studio Hire’ document. Once the Company has confirmed the date of the Booking, it is not possible to change the Booking date unless the Company agrees to the change.

1.3.1 In the event of a cancellation and the Customer has ordered a physical Gift Certificate, we reserve the right to keep the keep the full amount charged for the Gift Certificate.

1.3.2 The Booking shall be deemed confirmed by the Company when digital and/or physical confirmation has been sent to the Customer.

1.4 In the event that the Company cannot rearrange the date of the Booking, a refund may not be issued to the Customer.

1.5 In the unlikely event that the Company needs to cancel the Experience after the Booking has been confirmed, the Company will contact the Customer using the contact details provided and a refund may be issued subject to circumstances.

1.6 In the event of a cancellation, the Company will not be held liable for any and all costs of lost travel expenses, pre-booked accommodation costs or any other external costs incurred.

1.7 We ask that the Recipient of the of the Gift Certificate arrives at te studio 15 minutes before the allotted time on the Booking.

1.7.1In the event that the Recipient arrives late to the studio, the Recipient assumes all liability and accepts that the Company reserves the right to maintain the original duration of the Booking.

2.0 Validity

2.1 All Experience Gift Certificates are valid for exactly 12 months from the date of purchase.

2.2 All Gift Certificates are to be redeemed before the expiry date or will otherwise be considered invalid.

2.3 The expiration date of a Gift Certificate may be extended for an additional 6 months for the administrative fee of £20 as long as the extension is requested whilst the Gift Certificate is still in date. To arrange this, the Customer must speak with Staff directly.

3.0 The Experience

3.1 The Staff will communicate the order of proceedings to the Customer to achieve a successful Experience.

3.2 Whilst We will do everything we can to achieve to record the number of tracks stated on the Experience, the Recipient accepts that this is sometimes not always possible to do so within the allotted duration of the Experience. Therefore, our Staff reserves the right to assess and, if deemed necessary, alter the progression of proceedings on the day in order to achieve the best possible result given the cirumstances. This may result in the Recipient leaving the experience with less finished tracks than anticipated. Tips on how to have the most successful Experience is stated on the letterhead sent to the Recipient.

3.3 Whilst the Company generally accepts spectators to accompany the Recipient for the durtion of the Experience, We reserve the right to ask anyone to leave the Premises at any time, particularly if their behaviour is deemed inappropriate.

3.4 Any and all Equipment that is brought to the studio by the Recipient or any accompanients is to be thoroughly tested and determined to be safe for use. The Company reserves the right to reject any equipment not belonging to the Company at any time.

3.5 The Recipient shall adhere to clause 3.4 and any and all other relevant clauses of the ‘Woodley Moss LTD Terms & Conditions For Studio Hire’ document, where the Recipient of this document is identified as The Client on the latter document.

4.0 Additional

4.1 Clauses 4, 5, 6, 8, 9, 10, 11 and 12 of the ‘Woodley Moss LTD Terms & Conditions For Studio Hire’ document, where the Recipient of this document is identified as The Client on the latter document, also applies to the to this document.

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PRICING & SERVICES

HIRE - SERVICES - BUNDLES - LIVE RECORDING -
LIVE-STREAMING

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Download T&C's for Equipment Hire

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Woodley Moss LTD Terms and Conditions for Equipment Hire

Terms and Conditions

Definitions:

“We, “Us”, “Our” means Woodley Moss LTD as the Hiree of The Equipment.

“The Hirer” means the person/s or organisation/s named as The Hirer on the Equipment Hire Agreement and/or person/s or organisation/s booking and purchasing the hire of The Equipment.

“The Equipment” means the items listed in the Equipment Hired section of this Equipment Hire Agreement and any equipment hired out by Woodley Moss LTD.

“Parties” means both Woodley Moss LTD and The person/s or organisation/s named as The Hirer on this Equipment Hire Agreement.

1.0 Collecting and Returning The Equipment

1.1 The Hirer shall demonstrate a valid form of Photo ID and allow us to take photographs of said ID prior to obtaining The Equipment. This may be done upon Collecting The Equipment from Our premises or upon Us delivering The Equipment at the Place Of Use.
1.2 If it has been arranged that We will deliver The Equipment, The Hirer accepts the following:
1. 1.2.1 The delivery time of The Equipment is the same as the Start of the Period Of Hire unless communicated and agreed otherwise by both Parties prior to signing this Equipment Hire Agreement.
2. 1.2.2 The Hirer or a suitable authorised representative must be present and available at the Venue listed in the Place Of Use at the Start time of the Period of Hire to accept delivery.
3. 1.2.3 In the event that We are unable to deliver The Equipment due to the absence of The Hirer or a suitable authorised representative from the Place Of Use or agreed location, additional delivery charges will be incurred at the same price as the original cost of delivery. Such additional charges must be paid by The Hirer in full prior to redelivery.
4. 1.2.4 The Hirer will ensure that the location or Venue where any services are to be performed is, where necessary, cleared and prepared prior to Our arrival to allow necessary unloading space.
1.3 If it has been arranged that The Hirer will Collect The Equipment, The Hirer accepts that the Start of The Period Of Hire is also the agreed time for Collection of said Equipment from Our premises unless otherwise determined and agreed by both Parties.
1.4 If an authorised third party is used to Collect and / or Return The Equipment on behalf of The Hirer, The Hirer is liable for any Equipment that is damaged, lost, stolen, abused or tampered with while in the custody of the third party.
1.5 If it has been arranged that We will Collect The Equipment from the Place Of Use, The Hirer accepts the following:
1. 1.5.1 The Hirer will ensure the Equipment Hired is Available For Collection by Us by the End of the Period Of Hire.
2. 1.5.2 The Hirer will ensure that the location or Venue where any services are to be performed is, where necessary, cleared and prepared prior to Our arrival to allow necessary loading space.
1.6 If it has been arranged that The Hirer will Return The Equipment, The Hirer accepts that the End of The Period Of Hire is also the agreed time by which The Equipment must be Returned.

2.0 Period of Hire

2.1 The agreed duration of hire of The Equipment is stated in the Period Of Hire section of this Equipment Hire Agreement with the commencement of hire identified as the Start of the Period Of Hire and the cessation of hire identified as the End of the Period Of Hire.
2.2 If The Hirer wishes to extend the duration of hire, they may do so at any time prior to the End of the Period Of Hire. The Hirer must contact Us directly to arrange such an extension and We shall use our best and reasonable endeavours to satisfy such requests but cannot guarantee the availability of The Equipment to The Hirer beyond the pre-existing Period Of Hire.
2.3 If The Hirer wishes to Return or arrange for Us to Collect The Equipment prior to the End of the Period Of Hire, The Hirer must contact Us directly to request such an arrangement and We shall use our best and reasonable endeavours to satisfy such requests but cannot guarantee the possibility to Return or Collect The Equipment prior to the already stated End of the Period Of Hire.
2.4 We reserve the right to recall and repossess any or all of The Equipment immediately at any time. The Hirer agrees to Our right to enter the premises of the location of said Equipment at any time in the event that We deem it necessary and exercise said right such as, but not limited to the conditions in sub-clause 7.1 and sub-clause 7.2. The Hirer will be charged for any costs associated with such recovery.

3.0 Damage Deposit

3.1 The Hirer will pay a Damage Deposit in full at a cost that We deem appropriate depending on the total value of The Equipment Hired prior to the Start of the Period Of Hire. The value of said Damage Deposit will be set out in the Cost Of Hire in this Equipment Hire Agreement.

3.2 From the End of the Period Of Hire We shall have an inspection period of 48 hours within which to fully examine and test The Equipment before determining the Condition in which it is Returned or Collected in.
3.3 We will refund the Damage Deposit to The Hirer in full after the inspection period if We determine that the following conditions have been met:
1. 3.3.1 The Equipment is Returned by The Hirer or Collected by Us in the same Condition as stated in the Equipment Hired section of this Equipment Hire Agreement.
2. 3.3.2 The Equipment has been Returned or is Available For Collection by the End of the Period Of Hire.
3. 3.3.3 At no point in time have any of the Terms & Conditions of this Equipment Hire Agreement been broken by The Hirer.
3.4 We reserve the right to keep the Damage Deposit either in part or in full if any of the Terms & Conditions of this Equipment Hire Agreement have been broken or if The Returned Equipment requires cleaning and / or maintenance that We consider to be beyond the boundary of normal wear and tear.

4.0 Fees, Payment & Cancellation

4.1 The Total Agreed Cost of Hire includes any and all Optional Extras selected by The Hirer and agreed by Us.
1. 4.1.1 If The Hirer wishes to book a Sound Engineer for the event, they will state in hours the duration of time that they wish to hire said Sound Engineer for as to enable Us to calculate the cost of such service.
  
  4.1.2 A 60 minute period or part of constitutes as one hour’s hire.

4.2 The Hirer will pay the Total Agreed Cost Of Hire in full prior to the Start of the Period Of Hire unless communicated and agreed otherwise by both Parties prior to signing this Equipment Hire Agreement.

4.3 Upon booking The Hirer will pay a non-refundable 25% deposit which will then be deducted from the Total 96Agreed Cost Of Hire. The remaining 75% of the Total Agreed Cost of Hire due must be paid prior to the Start of the Period Of Hire and may be paid immediately at the time of booking.
4.4 If The Hirer fails to pay the Total Cost of Hire prior to the Start of the Period of Hire for whatsoever reason We reserve the right to cancel the hire of The Equipment with immediate effect and retain any and all costs that have been paid up to that point.
4.5 If any of the Equipment Hired is not Returned or Available for Collection by the End of the Period Of Hire The Hirer agrees to pay for the continued hire of said Equipment at Our published daily hire rate for up to 7 days.
4.6 If any of The Equipment Hired is not Returned or Available for Collection within 7 days from the End of the Period Of Hire The Hirer agrees to pay the full cost of replacement of said Equipment within 21 days of the pre-existing End of the Period Of Hire.
4.7 If sub-clause 2.2 of the Terms & Conditions of this Equipment Hire Agreement is carried out successfully, The Hirer will pay for the additional hire of The Equipment at Our published daily hire rate.
1. 4.7.1 A 24 hour period or part of constitutes as one day’s hire.

4.8 If sub-clause 2.2 of the Terms & Conditions of this Equipment Hire Agreement is carried out successfully, We shall retain the payment by The Hirer of the pre-existing Total Agreed Cost of Hire.
4.9 The Hirer may cancel the hire The Equipment at any time prior to the Start of the Period Of Hire. In the event of this We will retain the cost of the 25% deposit and refund the remaining Total Agreed Cost Of Hire to The Hirer.
4.10 If The Hirer wishes to rearrange the dates of hire of The Equipment, they must contact Us directly to submit such a request and We shall use our best and reasonable endeavours to satisfy such requests but cannot guarantee the availability of The Equipment to The Hirer beyond the pre-existing Period Of Hire.
1. 4.10.1 The Hirer may only rearrange the dates of hire once without the requirement to pay an additional 25% deposit. If the duration of the Period Of Hire has changed from the pre- existing duration, the cost of hire will be reassessed by Us and may change in accordance. The new cost will be communicated and agreed by both Parties prior to confirming the rearranged Period Of Hire.
2. 4.10.2 If The Hirer wishes to rearrange the dates of hire a second time or more, it will be considered a new booking and The Hirer must pay a new non-refundable 25% deposit of the new Total Agreed Cost Of Hire. This will be deducted from the new Total Agreed Cost Of Hire but does not compound with the 25% deposit that has been paid upon the original booking.
3. 4.10.3 In the event that The Hirer cancels the booking after rearranging the dates of the Period Of Hire but prior to the up to date Start of the Period Of Hire, We will retain the new 25% deposit and refund the remaining new Totavl Agreed Cost Of Hire.

5.0 Use and Care of The Equipment

5.1 The Hirer agrees that all of The Equipment is in the Condition stated In the Equipment Hired section of this Equipment Hire Agreement at the Start of the Period Of Hire.

5.2 The Hirer agrees that the covers and cases that We have provided to store and transit The Equipment Hired in are a suitable means of protection whereby said Equipment is completely protected from any and all threats to its Condition from the elements and under normal care. Any functional or cosmetic damage that occurs to any of The Equipment is in no way related to the method of protectionWe have provided.
5.3 All of The Equipment will be used for the normal purpose for which it is designed.
5.4 No item of Equipment will be tampered with, abused or misused at any time.
5.5 If loss, damage or theft occurs to any item of The Equipment Hired while in the Custody Of The Hirer or third party at any moment, The Hirer will pay the full cost of replacement or repair to any and all affected items within 14 days of the End of the Period Of Hire.
5.6 By not requesting or requiring assistance of setup and instruction on how to use The Equipment Hired, they declare that they possess full competence and understanding on how to set up and use all The Equipment safely and as designed for service.
1. 5.6.1 The Hirer may not use fixings, stands or cables other than those supplied by Us.
2. 5.6.2 Any loss, damage or theft of The Equipment caused by misuse due to the non- familiarisation of said Equipment is the sole responsibility of The Hirer who will be charged for the cost of Replacement or Repair of any of the affected Equipment.
5.7 No person shall open The Equipment and thus expose the inner working mechanisms or interfere with any labelled information such as nameplates, signs, tags, serial numbers and / or other information.
5.8 In the event of any of The Equipment becoming damaged at any moment The Hirer will not request a third party to attempt to repair the issue or attempt to repair the issue themselves. It is the responsibility of The Hirer to stop using said Equipment immediately to prevent further damage.
5.9 No Equipment will be exposed to the elements (in particular water and spray) at any time and all Equipment will be kept protected to prevent physical contact from all persons other than authorised and competent representatives of The Hirer.
5.10 The Hirer will not lend, hire out or dispose any of The Equipment or remove it from the Venue listed in the Place Of Use section of this Equipment Hire Agreement. The Hirer must keep the Equipment in a suitable and safe environment at all times with the necessary care taken to prevent the occurrence of damage, theft and all other risks.

6.0 Indemnity & Liability

6.1 The Hirer will assume all responsibility for loss or damage to persons or property and agree to release and hold Woodley Moss LTD harmless for any and all claims, actions, proceedings, costs, expenses of whatsoever nature, arising out of or related to the use of The Equipment while in the custody of The Hirer during the Period Of Hire and beyond.
6.2 The Hirer shall pay any and all legal fees, costs and expenses incurred by Woodley Moss LTD in protection of its rights under this Equipment Hire Agreement and for any action taken by Woodley Moss LTD to collect any amounts due to Woodley Moss LTD.
6.3 Once The Hirer has signed this Equipment Hire Agreement to demonstrate they completely understand and agree with all the Terms & Conditions of this Equipment Hire Agreement, Woodley Moss LTD shall not be held accountable for the condition or operation of The Equipment Hired during unmanaged events.

7.0 Termination

7.1 Where The Hirer is an individual, We shall be entitled to terminate this Equipment Hire Agreement in the event that:
1. 7.1.1 The Hirer is in breach of any Terms & Conditions of this Equipment Hire Agreement.
  
  7.1.2 The Hirer has a receiving order made against them.
7.2 Where The Hirer is a company, We shall be entitled to terminate this Equipment Hire Agreement in the event that:
1. 7.2.1 The Hirer is in breach of any Terms & Conditions of this Equipment Hire Agreement.
  
  7.2.2 The Hirer goes into either voluntary or compulsory bankruptcy or liquidation.
7.3 In the event of termination of this Equipment Hire Agreement for any of the above reasons all payments required under this Equipment Hire Agreement shall become due and immediately payable.