Terms and Conditions
1.Interpretation
In this Agreement the following words shall have the following meanings:
BOOKING FEE means a non-refundable payment of £250 of the Total Fee stated on the Order Form payable by You to Us;
DATE OF VENUE means the day on which the planned social occasion will take place;
EVENT means the purpose or reason for the planned social occasion;
ORDER FORM means any supporting documentation agreed between the Parties which form part of this Agreement; which shall include (but not be limited to) details of:
· You as the Client,
· the Event or Venue where You require Us to provide and set-up the Props,
· the Date of the Event,
· the Props you require Us to hire to You,
· any other relevant information;
PAYMENT PLAN means payment of the Total Fee by agreed instalments at agreed intervals and/or dates
PROPS means all the portable equipment You have agreed to hire from Us for the agreed hire period detailed within the Order Form;
TOTAL FEE means the total amount agreed between the Parties and payable by You to Us for consideration of hire of the Props and the associated set up services We provide to You
VENUE means the space, location, or place where the Props are to be delivered and set up
2.General
Please read this Agreement carefully as it constitutes a legally binding contract between Thornton Events and You.
This Agreement outlines the standard contractual terms and conditions that shall apply to the Props You agree to hire from Thornton Events; the details of such hire and set up services are incorporated within the Order Form agreed by the Parties.
The Order Form comprises part of the provisions of this Agreement and references to this Agreement shall, include references to the Order Form.
You acknowledge that You have read, understood, and agree to be bound by all of the terms and conditions contained in this Agreement.
6 Months before 30% of total balance must be paid. Full payment must be made 6 weeks before the date of the Event specified within the Order Form. To confirm your booking a non-refundable Booking Fee of £250 of the Total Fee must be made at the time of acceptance by Us of the booking. For clarity and the avoidance of doubt if payments are not received on the dates specified then your booking may be cancelled with the loss of your non-returnable Booking Fee. Furthermore, you may be invoiced a cancellation charge in accordance with clause 5
Please make all payments including Booking Fee to the following account.
Thornton Events Ltd
3. Delivery of Props
a) On the Date of the Event, We shall deliver Props to the Venue. The Props shall be delivered as per your specifications and other instructions specified and agreed within the Order Form.
b) We will arrive approximately 1 hour before the Event is scheduled to begin, and set up the Props. You agree to provide Us with access to the Venue, and any other help, permissions or cooperation needed by Us to ensure We may fulfil our obligations specified within the Order Form. For clarity, We require You to enable Us to quickly and easily deliver and place/set up the Props as agreed.
c) After the Event has concluded, We require You to secure the Venue’s permission for adequate and appropriate time for Us to remove the Props from the Venue. You accept that this could be on the Date of the Event or the day after the Date of the Event.
3. Fees and Payments
a) The Total Fee for the hire and set up of the Props shall be payable by You to Us in accordance with the Payment Plan specified within the Order Form but for clarity is as follows:
b)You agree to pay the Booking Fee directly to Us on the date of signing the Order Form. You agree to pay 30% of Total Fee Six (6) months before the Date of the Event and the remaining balance of the Total Fee six (6) weeks before the Date of the Event.
c) All payments must be made to Thornton Events through any of the following payment methods: Cash, Bank Transfer or other agreed upon payment methods Unless otherwise specified in this Agreement, all payments are final and non-refundable.
d) We shall not deliver the Props until the Total Fee is paid. .
e) Our minimum order is £1250 not including Our set up fee.
4. Agreement Term (Duration)
Unless otherwise specified, this Agreement will take effect on the date you sign the Order Form (the “Effective Date”), and shall continue in full force and effect until the Event has concluded..
5. Event Changes / Cancellations
a) Any request for a change in the Event Date must be made at least 8 weeks in advance of the original Event date. Change is subject to Props availability, and receipt of a new Agreement.
b) If you wish to cancel the Event, you must notify Us as soon as possible. You acknowledge and accept that the Booking Fee is non-refundable. We shall refund all other fees already paid if we are able to secure another Event from another customer for the same date. If we fail to find a replacement customer then the following Cancellation Fees shall be payable by You:
Cancellation Fee Payable by You to Us
Within 6 months of Event 50% of Total Fee
Within 3 months of Event 75% of Total Fee
Under 1 month of Event 100% of Total Fee
You may also be responsible for any refund charges.
c) Once final payment of the Total Fee has been made, amendments cannot be made to Your original order. However, additional items can be ordered once you have accepted a new quote.
d) All requests for Event changes or cancellations must be emailed to: info@thorntonevents.com
6. Permits
You shall be responsible for acquiring all permits and necessary permissions for the Event to take place at the Venue where We shall deliver and set up the Props.
7. Props Care and Damages
a) You shall be responsible for the overall care of the Props. You agree not to allow any of Your guests to climb or hang from the Props, attach any non-authorised items to any of the Props or mishandle any of the Props’ place any of the Props near direct heat or manually move the Props’ without Thornton Events’ authorization and help.
b) You agree that you will responsible and accountable for all and any costs (including consequential damages/losses) for any damages and/or losses caused to the Props at Your Event at Your chosen Venue.
We shall deem, at Our sole discretion, whether the damage or loss was caused by Your failure to follow the instructions specified in Section 7(a) above or You &/or Your guests have abused the Props , and/or the Props have been stolen and/or the Venue suffered an unforeseeable disaster (fire, floods, rain, earthquake etc.) causing damage or loss to the Props.
8. Indemnification
a) You agree to defend, indemnify and hold harmless Thornton Events, and its employees from and against any and all losses, liability claims, damages, injuries, demands, actions and causes of action whatsoever, arising out of or related to the presence of the Props at the Venue.
b) You agree to assume all costs and expenses of every kind and nature, including legal fees and
disbursements arising out of and in connection with your hire of the Props and their presence at the Venue.
You agree to indemnify Us for all, and any losses and damages caused to the Props and including consequential losses suffered by Us, through any action or inaction carried out by You or Your guests.
9. Limitation of Liability
a) Thornton Events shall not be responsible for any direct, incidental, or consequential damages causing either bodily injury or property damages, regardless of the cause, arising out of or related to your hire of the Props and their presence at Your Event at Your chosen Venue.
b) Notwithstanding any language to the contrary contained in this agreement, Thornton Events’ liability to you shall not exceed the total of any payments you have made for the hire of the Props and any associated set up services.
c) Thornton Events does not accept liability for wilting of real flowers due to excess heat at Your Venue. We will try to the best of Our ability to meet Your floral requirements, but due to seasonal changes and availability, you accept that We cannot accept responsibility for colour, variety, and price changes of a flower.
10. Governing Law
a) This Agreement shall be construed and enforced according to English Law.
b) Any dispute or difference which may arise in relation to any matter arising under this Agreement, shall be settled amicably and in good faith between you and Thornton Events, prior to resorting to arbitration.
11. Severability
If any term of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement, including all of the remaining terms, will remain in full force and effect.
12. Entire Agreement, Modification;
This Agreement constitutes, together with the associated Order Form, the entire understanding between You and Thornton Events with respect to the hire of and set up of Props, and may be modified only by a writing signed by both You and a representative of Thornton Events.
13. Counterparts
The exchange of copies of this Agreement and original signatures by electronic mail transmission shall constitute effective execution and delivery of this Agreement in place of the original Agreement for all purposes.