Extended Terms of Hire

These are the Extended Terms of Hire/Service Agreement and Liability Disclaimer, for East Lothian Bouncy Castles and any persons/organisations hiring our Inflatables, Hire Equipment or Entertainment Services for Commercial Hire, Corporate Events, Public Events, Charitable Events or Educational Hire Purposes.

By booking with us you agree to adhere to these Terms & Conditions of Hire and accept the conditions contained within this document.

These Terms are also available in Print Format and can be requested by you to distinguish the clear Responsibilities and Liabilities of East Lothian Bouncy Castles, Our Staff, Subcontractors and Representatives and You the Renter/Hirer.

1. Purpose and Intent.
The purpose of this clause is to define and clarify the usage of pronouns "we," "us," and "our" as they appear throughout this contract The definitions provided in this clause ensure clear communication and understanding between the parties involved.
Definitions: For the purposes of this Contract: "We," "Us," "Our": The terms "we," "us," and "our" refer to East Lothian Bouncy Castles a legal entity with its principal place of business located at 107 Preston Crescent, Prestonpans, East Lothian, EH32 9RA

Throughout this Contract, these terms shall be used to represent and refer to East Lothian Bouncy Castles as “Owner” the contracting party and service provider. "Client": The term "Client" refers to the party or entity entering this Contract with East Lothian Bouncy Castles for the provision of goods or services as outlined in the “Order Confirmation” “Contract Agreement” or “Invoice”. "Parties": The term "Parties" collectively refers to both East Lothian Bouncy Castles and the “Client”, as identified and named in “Order Confirmation” “Contract Agreement” or “Invoice”
Usage and Interpretation: The terms "we," "us," and "our," refer to The Entertainment Hire Company Limited T/as East Lothian Bouncy Castles a legal entity with its principal place of business located at 107 Preston Crescent, Prestonpans, East Lothian, EH32 9RA Throughout this Contract, these terms shall be used to represent and refer to East Lothian Bouncy Castles as “Owner” the “Contracting Party” and “Service Provider”. These terms do not represent or imply any perspectives, actions, responsibilities, or obligations of the “Client” or any other third party involved in our business.
“Client": The term "Client" refers to the party or entity as identified and named in “Order Confirmation” “Contract Agreement” or “Invoice” entering this agreement with East Lothian Bouncy Castles for the provision of goods or services as outlined in the “Order Confirmation” “Contract Agreement” or “Invoice” of goods or services as outlined in the “Order Confirmation” “Contract Agreement” or “Invoice”
No Transfer of Pronouns: The definitions provided in this clause are specific to the usage of "we," "us," and "our" within the context of this Contract Agreement. The use of these terms shall not be transferred or extended to other agreements, contracts, documents, or communications outside the scope of this Contract Agreement. Entire Agreement. This clause, along with the rest of the Contract Agreement, constitutes the entire agreement between the “Parties” and supersedes any prior understandings, agreements, or representations. Any changes to the usage of "we," "us," and "our" in subsequent documents shall be agreed upon in writing by both “Parties”

2. Term. This Agreement shall commence on the given date & time on the Booking Confirmation and shall remain in full force and effect until equipment is off hired to “Owner”, on this given date If you would like to extend the operating hours, we can discuss this on site and will be subject to additional charges. The dates and operation times are detailed in “Order Confirmation” “Contract Agreement” or “Invoices”

3. Paperwork. The “Owner” will on demand show or send electronic copies of Insurance Paperwork for the sum of £5million to cover against Public Liability on the services ordered by the “Client”. “Owner” will show on demand all test certificates presented from independent safety testing company’s such as ADIPS/PIPA/SB. “Owner” will show on demand or send electronic copies of Risk Assessments for each piece of equipment.

4. Restrictions on Use. “Renter/Hirer” shall not: a) Permit the equipment to be used by ANY person who is not authorised to use such equipment; b) Operate or use the equipment or permit it to be operated or used in violation of law; c) Operate, use, maintain, move or store the equipment in a manner likely to cause damage to the equipment.

5. Equipment Supply. Every effort is made to make sure that the equipment or services as outlined in “Order Confirmation” “Contract Agreement” or “Invoice” attend the event.. If for any reason, anything breaks down on the way to an event or suffers advance technical faults a Hire Item or service of equal size and value may be substituted, if this is not possible the “Owner” may try to sub let/hire the stock/service from a reputable supplier or may issue a refund for that specific piece of equipment or service.

6. Pull Down & Clean-up. We will make every effort to remove all equipment on the day/evening of the event date or post event as outlined outlined in “Order Confirmation” “Contract Agreement” or “Invoices” The “Owner” will aim to leave the area in a respectful and responsible manner.

7. Ownership. The “Owner” shall always retain full ownership and title to all of the Equipment and Services supplied to the “Client” as outlined in “Order Confirmation” “Contract Agreement” or “Invoices”

8. Exclusivity of Services. The “Client” agrees not to provide services of a similar nature to any other Operator, Agent, or Competing entity. The exclusivity of services outlined in this Clause applies specifically to the type of services and Items specified or outlined in “Order Confirmation” “Contract Agreement” or “Invoices” by the “Owner” The “Client” is not prohibited from engaging in other business activities, services, or contracts that do not directly conflict with the services provided to the “Client” under this Contract and outlined in “Order Confirmation” “Contract Agreement” or “Invoices” by the “Owner” This includes but is not limited to the provision of services, consultation, partnership, or employment.

9. Cancellation. If the event has to be cancelled by either of the “Parties” as outlined in “Order Confirmation” “Contract Agreement” or “Invoices” due to anything beyond the control of the “Owner” up to 30 days before the event date, the “Client” will be liable for 50% of the invoice total, if the event is cancelled 29 days to 2 days before the event date the “Client” will be liable for 75% of the invoice total, if the event is cancelled the day before or on the day of the event, the ”Client” will be liable for 100% of the invoice total, any booking fee’s made in advance is non-refundable.
The “Owner” may have to cancel in advance of the hire because of severe weather conditions. (1) Wind on or exceeding 24mph or (2) A Met Office warning due to rain or storms. Either of which in the area of the hire and at the hire times. We take into consideration wind forecasts, wind readings and also wind gust forecasts. We reserve the right to reduce the wind speed mph threshold dependant on the particular circumstances of the hire for example how open to the elements that the site is, the quality of the surface and any other safety factors which would be included in risk assessment.

If we need to cancel due to strong wind forecast or a weather warning for rain, you would have the following options:

1) Reschedule your order to a future date and keep all credit on the order less Deposit of 20% within 12 months.
2) Have 50% of the hire amount refunded back to you.

If we come to your venue and can't set up due to adverse weather conditions you have the following options:

1) Reschedule your order to a future date within 12 months and keep 50% credit on the order.
If we come to your venue, set up and if the weather changes or you have partial use of the equipment:
• No refund or re-schedule due

10. Force Majeure. We the “Owner” shall not be held responsible for any delay in performing the services as outlined in “Order Confirmation” “Contract Agreement” or “Invoices” if such a delay is caused by circumstances beyond our control. In this situation we shall be entitled to a reasonable extension of time for the performance of services. Sometimes we shall be unable to do what we have agreed due to something beyond our control, if this does happen, we do not hold any responsibility for what has occurred. Circumstances include but are not limited to extreme rain, severe wet weather, pandemics, high winds, restricted access, incorrect licenses, incorrect information on site.

11. Site Visits. We always recommend a site visit if it is a venue we have not worked with before, site visits are chargeable at £1.25 per mile each way from our office in Longniddry, East Lothian. There is a minimum site visit charge of £125.00 for all site visits. A site visit won’t be necessary if you can guarantee that there is good HGV access, gates wide enough to drive through, reasonably level ground, no low bridges or villages on the approach to the venue, space to turn around or any other access issues. If you can guarantee this, then a site visit will not be needed. If we attend on the day and cannot gain access to the venue for any reason to do with access, then we shall cancel the job and no booking fee or final payment will be refunded.

12. Insurance. Please note that we recommend that you take out adequate Event & PLI Insurance so you can protect against any potential damage claims or event cancellation fees.

13. Pricing. All prices quoted are excluding VAT

14. Additional Costs. The price quoted covers the following only, Equipment/Ride Hire, Insurance and RAMS. It does not however include the following which would need covering separately. Crew catering for staff on site if working more than 5 hours, Welfare including toilets and hand-washing facilities, Tolls/Bridge, Fees/Congestion Zone charges , Clean Air Zone charges, site visits, site specific risk assessments and offsite parking charges. We shall also charge separately for each attraction on hire an hourly fee for overrun of events, venue not being ready on time or any other associated delay in time going over the allocated time booked. We do not supply portable roadway, track mats or trackway on any job, we can advise on where to obtain these. Our attractions are powered independently by power cords or generators hired from 3rd Party suppliers. If you do not want Vans, Lorries or trailers on site, you must supply your own generators at your own expense.

15. Film/TV Work. We shall not carry out any work which involves (but not limited) to the following: scripts depicting mall practice within our industry, stereotypes, ride accidents, unsafe rides, anything involving illegal practices or crime, racism, game fixing, cross reference with gypsies or the travelling Community. ANY breach of this will not be tolerated and will be dealt with legally.

16. Non-Discrimination and Equal Treatment & Harassment-Free Environment. The “Parties” shall not discriminate against any staff member based on factors such as race, colour, religion, sex, gender identity, sexual orientation, national origin, age, disability, or any other protected characteristic. All staff members shall be treated equally and fairly, with opportunities for growth and advancement provided without bias. The “Parties” shall maintain a workplace environment free from any form of harassment, including but not limited to sexual harassment, verbal abuse, bullying, and any behaviour that creates a hostile or intimidating atmosphere. Any complaints or reports of harassment shall be promptly addressed and all equipment will be removed from site immediately, if this is not possible the rides or attractions will be closed until the event is finished.

17. Non-Engagement Clause for Contractors Post-Event Scope and Purpose. This non-engagement clause outlines the terms and conditions under which the “Client” agrees not to engage, hire, contract, or employ any of the contractors provided by us, “Owner” East Lothian Bouncy Castles for a period of two (2) years following the conclusion of the specified event outlined in “Order Confirmation” “Contract Agreement” or “Invoices”
Non-Engagement Obligation: The “Client” acknowledges and agrees that, for a period of two (2) years from the date of the Event's conclusion, as outlined in “Order Confirmation” “Contract Agreement” or “Invoices” it shall not directly or indirectly engage, hire, contract, or employ any of the Contractors who participated in shall not directly or indirectly engage, hire, contract, or employ any of the Contractors who participated in providing services for the Event. This obligation is intended to protect “Owner” East Lothian Bouncy Castles business interests, maintain the integrity of our contractual relationships, and prevent any direct competition arising from the utilisation of our contractors’ expertise.
Communication and Compliance: The “Client” shall communicate the terms of this Clause to any third parties involved in hiring decisions, recruitment, or contracting of services within the “Client's” organisation. The “Client” agrees to take all reasonable measures to ensure compliance with this Clause and prevent the direct engagement of Contractors covered by this agreement.
Exceptions: The restrictions set forth in this Clause shall not apply if “Owner” East Lothian Bouncy Castles provides written consent for the Client's engagement of specific Contractors for projects or positions that are unrelated to the services provided during the Event. Such consent shall be obtained in advance and shall not be unreasonably withheld.
Enforceability and Sever-ability: If any part of this Clause is deemed unenforceable by a court of competent jurisdiction, the remainder of the Clause shall remain in full force and effect. The “Parties” agree that if a court finds any portion of this restriction unreasonable, it shall be modified to the extent necessary to make it reasonable and enforceable.
Remedies for Breach: In the event of a breach of this Clause, we shall be entitled to seek injunctive relief and any other legal remedies available to prevent or restrain the “Client” from engaging in prohibited activities. We may also seek damages resulting from the breach, including any direct or indirect harm caused to our business interests.

18. Contract Acknowledgment. The purpose of this clause is to ensure that the “Parties” involved in this contract fully understand and acknowledge the terms, conditions, and obligations outlined in the Contract.. The “Client” acknowledges their comprehension of the terms and their commitment to fulfil their respective obligations.

Mutual Acknowledgment: By proceeding with a booking, the” Client” acknowledges that they are happy to proceed and have, understood, and comprehended the terms and conditions set forth in this Contract. Verbal acknowledgment and Order confirmation signifies the “Client’s” commitment to adhere to the terms and fulfil their obligations as outlined in the Contract.
Opportunity for Clarification: The client acknowledges that they have had the opportunity to seek legal advice or consultation regarding any aspect of the Contract that may require clarification, the client confirms that they are satisfied with the explanations provided and that their questions, if any, have been adequately addressed.

Voluntary Agreement: The client further acknowledge that their decision to proceed with this Contract is entirely voluntary and that they are entering into the agreement of their own free will, without any undue influence, coercion, or misrepresentation from any party involved.
Binding Commitment: The acknowledgment of understanding and agreement to the terms of this Contract serves as a binding commitment for the “Client” The booking confirmation is acknowledgment and affirms that they have the capacity, authority, and legal standing to enter this Contract.
No Reliance on Oral Statements: The client acknowledges that no representations, statements, or promises made outside the terms of this Contract have influenced their decision to enter into this agreement. Any modifications or changes to the Contract must be documented in writing and mutually agreed upon by both “Parties”

Sever-ability: If any provision of this acknowledgment clause is determined to be unenforceable or invalid by a court of competent jurisdiction, the remaining provisions of the Contract, including this acknowledgment clause, shall remain in full force and effect.

Upfront booking fee is required to hold Stock Items or Services, this is non refundable and the balance is due 2 weeks before the event date. All Payments are Non Refundable but may be transferrable in some circumstances. If payment is late or not made on time, the job will be cancelled with immediate effect regardless how much has been paid and could incur additional charges which will also be due.

19. Operations. Unless otherwise stated all equipment supplied is managed and operated by us with a full team of staff, staff members provided by us will endeavour to follow all HSE protocols laid out by the client whilst working on site. Equipment left on site whilst un-attended is left at the risk of the “Client” – We may reserve the right to stay with the equipment overnight if we deem the premises to be unsafe or exposed. In some cases rides and attractions provided are owned by third parties these contractors are approved by us for carrying out work on our behalf.

East Lothian Bouncy Castles, 107 Preston Crescent, Prestonpans, East Lothian, EH32 9RA, Tel: 01875 813 282 Mob: 07825 643 500 E-Mail: enquiries@eastlothianbouncycastles.co.uk