Terms of Hire
Although you really should read the full terms, most people won't so here is a brief summary:
We always own the costumes, you simply borrow them.
When you borrow our costumes, you need to look after them (don't damage them or wash them as some of them need specialist cleaning techniques).
If anything is missing or damaged when your order arrives, you need to let us know right away.
If you do damage or lose a costume, we might charge you for the replacement.
You must return all costumes at the end of your hire (we make it really easy by including pre-paid return labels so you simply drop the box to a Post Office), or we might charge you.
If you do something silly, it is your own fault.
- 1. HIRE TERMS
- 1.1 This sets out the Terms and Conditions by which Dance Source Ltd trading as Costume Source (“Costume Source”) agrees to hire the Costumes to the Hirer forming a contract between Costume Source and the Hirer who agrees to accept such terms. “Costumes” are defined as clothes or accessories.
- 1.2 Costume Source Costume Hire Terms ("Hire Terms") form the entire agreement between the Hirer and Costume Source to the exclusion of any terms and conditions on any purchase order or other documentation whether provided by the Hirer or otherwise and supersede all previous agreements between the parties in relation to the hire of the Costumes.
- 1.3 The Hirer must be at least eighteen (18) years of age.
- 1.4 Costume Source does not fire test its costumes or treat them with flame retardant. They are therefore not intended for use by children in play or private hire. In the event that the Hirer should hire them with the intent to use them in this manner then the Hirer shall do so at its own risk and Costume Source shall not be liable for any damage whatsoever resulting from such use.
- 1.5 Safety Notice: small parts or magnets may be used within the construction of our costumes
- 2. FEES AND PAYMENT
- 2.1 The Hirer shall pay to Costume Source the Total Hire Fee as set out in the Hire Terms. This Total Hire Fee may be inclusive of other additional charges as outlined in the Hire Terms for the hire of the Costumes during the Hire Period. Costume Source will calculate all fees and charges due from the Hirer in accordance with this Agreement and Costume Source’s decision shall be final.
- 2.2 Costume Source will not refund any part of the Total Hire Fee when the Costumes are returned before the date specified.
- 2.3 The Total Hire Fee and any applicable Advance Deposit: (a) must be paid in full and received by Costume Source prior to the release of the Costumes.
- 3. PENALTIES AND LATE PAYMENT
- 3.1 The Hirer shall be liable for any loss of or damage to the Costumes during the hire period (“Hire Period”) stated in the Hire Terms.
- 3.2 If the Hirer fails to return the Costumes in what Costume Source deems to be satisfactory condition and on the specified return date stated in this Agreement, the Hirer will be in breach of its obligations. In the event of such a breach, the Hirer will be liable for the extended hire charge (‘Penalty Charge’) per unreturned item of Costume for up to and including five (5) days (‘Penalty Period’).
- 3.3 If after the Penalty Period the Hirer fails to return Costume in a satisfactory condition, Costume Source may charge the Hirer for the full replacement cost of the said Costume (‘Replacement Charge’).
- 3.4 If the Hirer returns the Costumes dirty, modified, altered or uses the Costumes for any purpose other than those outlined in this Agreement without prior written consent of Costume Source, the Hirer shall pay Costume Source any charges that Costume Source deems appropriate for, amongst others, the cleaning, repair, change of use and/or replacement of the Costume.
- 3.5 The Hirer authorises Costume Source to deduct any sums properly due to Costume Source from any credit card, debit card, or charge account details of which are in the possession of Costume Source.
- 4. COSTUME ACCEPTANCE, CARE AND RETURN PROCEDURE
- 4.1 Costumes are hired on an ‘as is where is’ basis. Costume Source will use all reasonable efforts, where possible, to ensure that the Costumes are supplied clean and in suitable condition for use. The Hirer shall check the Costumes promptly upon receipt and notify Costume Source of any discrepancy within twenty four (24) hours thereof. The Hirer will be deemed to have accepted the quality and condition in which the Costumes were received, in the event that it fails to do so.
- 4.2 The Hirer will take good care of the Costumes at all times during the Hire Period and any extension thereof and in particular will comply with the following requirements: a. If the Costumes have been hired for use outdoors, the Hirer will not use them during wet weather or under any outside conditions that may result in damage to the Costume; b. The Costumes may not under any circumstances be used as fancy dress or for parties and should the Hirer use the Costumes at any venue or location where food or drink is being consumed, the Hirer is required to act responsibly to avoid any damage to the Costume; c. Stage blood may not be used on the Costumes; d. The Costumes may not be distressed or broken down in any manner whatsoever; e. Costume Source labels or hanging loops must not be removed from Costumes; f. The Hirer may not modify or alter the Costumes in any way without the prior written approval of Costume Source and if approval is given, such modification or alterations must be carried out strictly in accordance with any instructions given by Costume Source; g. The Hirer will not under any circumstances attempt to wash or dry clean any Costume Units; h. The Hirer shall notify Costume Source promptly in the event of any damage to or loss of any Costumes; i. Costumes must be returned in the original packing carton, dress bag, accessory bag, hanger or other packaging originally provided by Costume Source; j. In order to avoid damaging the Costumes and incurring additional charges, the Costumes must be packed carefully with any footwear and/or heavy items at the bottom, clothing in the middle and hats/delicate items at the top; k. The Hirer must use the return packaging and address labels provided by Costume Source; and l. The Hirer shall provide contact details to Costume Source upon returning the Costumes to enable easy identification.
- 4.3 The Hirer is solely responsible for the Costumes at all times when the Costumes are not on Costume Source's premises and in its possession.
- 5. COSTUME SELECTION
- 5.1 Where selection of Costume is made by Costume Source, Costume Source will make all reasonable endeavours to provide a selection that meets the Hirers requirements and to communicate such choices for approval. In the event that time not allow for such communication between the Hirer and Costume Source, Costume Source’s decision and selection shall be final.
- 6. INTELLECTUAL PROPERTY RIGHTS
- 6.1 Ownership of and title in the Costumes shall remain at all times with Costume Source. The Hirer shall have no right or interest in the Costumes except for the right to use the Costumes under the terms of this Agreement.
- 6.2 The Hirer shall not sell, rent or otherwise dispose of any of the Costumes or give any third parties the legal rights to the Costumes or their design or transfer or try to transfer legal ownership.
- 6.3 The Hirer shall not in any way, without prior written permission, make use of any trade marks owned by Costume Source.
- 7. FORCE MAJEURE
- 7.1 Costume Source shall not be liable for any loss howsoever arising from non-delivery or delay in delivery caused by events outside Costume Source's control including but not limited to, flood, fire, snow, storm, war, terrorism, strikes, lock-outs or other industrial action, riots or any act, regulation, legislation or ruling of any Government, regulatory or national authority or of any competent court or any default on the part of the carriers of the Costumes.
- 8. LIABILITY AND INDEMNITY
- 8.1 The Hirer shall indemnify Costume Source on demand against any losses, claims, damages, liabilities and/or expenses of whatever nature suffered by Costume Source as a result of the late return of the Costumes.
- 8.2 Nothing in this Agreement shall exclude or limit in any way any liability in respect of death or personal injury resulting from the either party’s negligence or any other liability which may not legally be excluded.
- 8.3 Costume Source's maximum aggregate liability to the Hirer for any claims under this Agreement whether arising in contract, tort (including negligence) or otherwise shall be limited to the Total Hire Fee. Costume Source shall not be liable to the Hirer for any indirect or consequential loss or damage, loss of profit or loss of business howsoever caused.
- 9. TERMINATION
- 9.1 Costume Source may terminate this Agreement immediately on written notice to the Hirer, if the Hirer: a. fails to pay any sums when due; or b. commits a material breach of this Agreement or persistently breaches this Agreement and, where remedy is practicable, fails to remedy such breach within seven (7) days of receiving written notice from Costume Source of the breach in question; or c. suffers any distress or execution to be levied against the Hirer or makes or proposes to make any arrangement with its creditors or goes into receivership, administrative receivership or liquidation or undergoes any similar procedure in another jurisdiction.
- 9.2 Termination of this Agreement is without prejudice to any rights or remedies of the parties which have accrued prior to the date of termination, including without limitation in the case of Costume Source the right to recover from the Hirer any or all of the following: a, any arrears of the Hire Fee and other charges accrued due and unpaid under this Agreement; b. any costs and expenses incurred by Costume Source in locating, repossessing, recovering or restoring the Costumes or collecting any payments due under this Agreement; and c. the costs of repairing or replacing any lost or damaged Costumes.
- 9.3 If this Agreement is terminated by Costume Source, Costume Source shall be entitled to retake possession of the Costumes and for that purpose the Hirer gives to Costume Source licence to enter into any premises where the Costumes may be stored or held.
- 10. CONFIDENTIALITY
- 10.1 The Hirer acknowledges that information of a confidential nature relating to Costume Source's business may be disclosed to the Hirer or come to the Hirer's attention during the course of this Agreement. The Hirer will not disclose any such information to any person except the Hirer's professional advisors without Costume Source's prior written approval unless it is or becomes public knowledge through no fault of the Hirer. This applies both during and for a period of ten (10) years after the term of this Agreement.
- 11. GENERAL
- 11.1 Any notices under this Agreement shall be in writing.
- 11.2 This Agreement may be assigned or sub-contracted by Costume Source in whole or in part to any third party. This Agreement is personal to the Hirer and the Hirer may not assign, charge, sub-contract or transfer it without Costume Source's prior written consent.
- 11.3 This Agreement is not intended to confer any rights of enforcement on any third party and the Contracts (Rights of Third Parties) Act 1999 shall not apply to any part of this Agreement.
- 11.4 This Agreement will not be deemed to create any partnership, agency or joint venture between Costume Source and the Hirer.
- 11.5 This Agreement may be varied only in writing signed by an authorised representative of each party.
- 11.6 If at any time any of the provisions of this Agreement become invalid under any law or regulation, this will not affect the validity of the remaining provisions of this Agreement in any way.
- 11.7 No failure or delay on the part of either party in exercising any right under this Agreement shall constitute a waiver of that right.
- 11.8 This Agreement is governed by English law and the parties hereby submit to the exclusive jurisdiction of the English courts in relation to any dispute arising out of or in connection with it.