Hire Agreement
Hire options
Every booking uses one of three Hire Options, stated in its Booking Confirmation. Clause 2 sets each out in full.
Option A: Delivery and Collection
How the Equipment is supplied: Delivered to and collected from the Venue by or on behalf of the Company
Who operates it: The Hirer
Main clauses: 2.4
Option B: Self-Collect
How the Equipment is supplied: Collected from, and returned to, the Company by the Hirer
Who operates it: The Hirer
Main clauses: 2.5
Option C: Full Service
How the Equipment is supplied: Delivered, set up, operated and collected by or on behalf of the Company
Who operates it: The Company Team
Main clauses: 2.4 and 6
1. Parties and definitions
1.1 This agreement is between Another Vibe Ltd, a company registered in England and Wales under number 10869806, whose registered office is 16 Langbourne House, London, SW2 1PJ (the "Company"), and the person or organisation named as the Hirer in the Booking Confirmation (the "Hirer").
1.2 In this agreement:
Booking Confirmation means the quote, booking form or confirmation the Company issues for the hire, once the Hirer has accepted it. It states the Hirer, Event, Venue, Hire Option, Hire Period, Hire Charge, Deposit, Services, and the list of Equipment with its Replacement Values.
Hire Option means Option A (Delivery and Collection), Option B (Self-Collect) or Option C (Full Service), as stated in the Booking Confirmation and described in clause 2.1.
Company Team means the Company's employees, freelancers and subcontractors, and anyone else acting on its behalf, including couriers.
Equipment means the items listed in the Booking Confirmation, and any replacement or additional items the Company supplies.
Hire Period means the period stated in the Booking Confirmation, from delivery or collection to return or collection.
Hire Charge means the charge for the Equipment and any Services, as stated in the Booking Confirmation.
Deposit means the sum stated in the Booking Confirmation, held as security under clause 3.
Venue and Event mean the place and occasion stated in the Booking Confirmation.
Services means any delivery, collection, setup, operation, engineering or crew the Company agrees to provide in the Booking Confirmation.
Replacement Value means the cost of replacing an item with a new equivalent, as stated in the Booking Confirmation.
1.3 If the Hirer is an organisation, the person signing confirms they have authority to bind it.
1.4 The Booking Confirmation and these terms form the whole agreement between the parties for this hire. If they conflict, the Booking Confirmation prevails on the commercial details (prices, dates, Equipment and Hire Option), and these terms prevail on everything else.
2. Hire options, delivery, collection and return
2.1 Hire options. The Booking Confirmation states which Hire Option applies:
Option A: Delivery and Collection. The Company Team delivers the Equipment to the Venue and collects it at the end of the Hire Period. The Hirer operates it.
Option B: Self-Collect. The Hirer, or someone acting for the Hirer, collects the Equipment from the Company and returns it at the end of the Hire Period. The Hirer operates it.
Option C: Full Service. The Company Team delivers, sets up, operates and collects the Equipment, and provides any crew stated in the Booking Confirmation. Clause 6 also applies.
2.2 Hire of the Equipment. The Company hires the Equipment to the Hirer for the Hire Period, on these terms. Ownership of the Equipment stays with the Company at all times. The Hirer gets no right to sell, lend, sub-hire, pledge or part with possession of it.
2.3 Place of use. The Hirer may use the Equipment only at the Venue and for the Event, unless the Company agrees otherwise in writing.
2.4 Delivery and collection by the Company Team (Options A and C). The Company Team will deliver to and collect from the Venue at the times agreed. The Hirer must make sure that:
someone over 18 is present to receive and sign for the Equipment, and for Option C this is the on-the-day contact;
the Company Team has clear, safe access, including parking and a route for loading, and the Hirer has paid any parking, congestion or access charges;
the Equipment is ready for collection at the agreed time, and is not left unattended or in public areas.
If the Company Team cannot deliver or collect because the Hirer or the Venue is not ready, or access is blocked, the Company may charge a failed visit fee of [£ ], and the Hire Period is not extended.
2.5 Collection and return by the Hirer (Option B). The Hirer must collect the Equipment at the agreed time from the agreed location and return it there, clean and in the same condition, at the end of the Hire Period. The person collecting may be required to show photo ID, and the Company may refuse to release the Equipment to anyone not named in the Booking Confirmation. The Hirer must transport the Equipment in a suitable, secure, covered vehicle or suitable method and make sure it is properly packed and protected.
2.6 Checking the Equipment. On delivery or collection the Hirer must check the Equipment against the list in the Booking Confirmation, and tell the Company about any shortage or fault within 2 hours of receiving it, or before the Event starts if that is sooner. Under Option C, the Company Team will test the Equipment at setup, and the Hirer must report any problem straight away. If the Hirer does not report a problem in time, the Equipment is treated as complete and in good working order.
2.7 Return and inspection. Equipment must be returned or made available for collection complete, with all cables, cases, stands, accessories and packaging. The Company will inspect it afterwards. Any missing, damaged or dirty items will be charged under clause 5.
2.8 Late return. If Equipment is not returned or made available for collection by the end of the Hire Period, clause 3.6 applies.
3. Charges, deposit and payment
3.1 The Hirer must pay the Hire Charge stated in the Booking Confirmation. Unless stated otherwise, it covers the Equipment for the Hire Period and any Services listed, but not delivery outside the agreed area, extra time, consumables (such as batteries and tape) or additional items requested later.
3.2 Payment. The Deposit is due when the Hirer accepts the Booking Confirmation, and the booking is not confirmed until the Company receives it. The balance of the Hire Charge is due the day before the Hire Period starts or otherwise agreed. The Company may refuse to deliver or release the Equipment if any payment is overdue.
3.3 Deposit. The Deposit is security for the Hirer's obligations under this agreement. It is not a limit on the Hirer's liability.
3.4 Return of the Deposit. After the Equipment is returned and inspected, the Company will refund the Deposit within 7 days, less any amount due under this agreement, such as charges for loss, damage, cleaning or late return. The Company will give the Hirer a written breakdown of any deduction.
3.5 Extra charges. The Company may charge the Hirer for: repair or replacement under clause 5; reasonable cleaning where Equipment is returned dirty or wet; extra time agreed during the Event; and extra items or Services the Hirer requests.
3.6 Late return. If Equipment is returned or made available for collection after the Hire Period ends, the Hirer must pay an extra day's Hire Charge for each day (or part of a day) it is late, plus any loss the Company suffers because it cannot supply the Equipment to another customer.
3.7 Late payment. The Company may charge interest on overdue sums at 4% a year above the Bank of England base rate, from the due date until payment.
3.8 Prices include VAT only where the Booking Confirmation says so. If VAT applies, the Hirer must pay it in addition at the rate in force.
4. Use of the Equipment and the Venue
4.1 Care and use. The Hirer must:
use the Equipment carefully, for its normal purpose, and only as the manufacturer's guidance and the Company's instructions allow;
let only competent adults operate it, unless the Company is providing an operator under clause 6;
keep it dry, clean and secure, and protect it from weather, spills, heat, dust and tampering;
not alter, repair, open, rig, fly or move it from the Venue without the Company's written consent;
not remove any labels, serial numbers or asset tags.
4.2 Power and Venue. The Hirer is responsible for making sure the Venue has suitable, safe and adequate power, access, space and weather protection for the Equipment, as described in the Booking Confirmation or agreed with the Company beforehand. The Company is not responsible for faults caused by the Venue's power supply or by the Venue's own equipment.
4.3 Outdoor use. Equipment may be used outdoors only if the Company has agreed it in writing. The Hirer must provide suitable covered, level and dry positions, and the Company may remove or refuse to leave Equipment where conditions make it unsafe.
4.4 Licences and compliance. The Hirer is responsible for the Event and the Venue, including:
all licences and permissions needed for the Event, music, performance and noise, such as premises licences, temporary event notices, and PPL PRS music licences;
complying with any noise limits set by the Venue or the local authority;
risk assessments, fire safety, crowd safety and any health and safety duties the Hirer or the Venue owes to people at the Event.
4.5 Access. The Company, or anyone it authorises, may enter the Venue during the Hire Period to inspect, service or recover the Equipment, subject to the Venue's own rules.
4.6 Faults and incidents. The Hirer must tell the Company at once, by phone, of any fault, damage, loss, theft, accident or injury involving the Equipment, and must follow the Company's reasonable instructions. The Hirer must not attempt repairs.
4.7 Unlawful or unsafe use. The Hirer must not use the Equipment for anything unlawful, for anything that risks injury or damage, or at sound levels that risk hearing damage. The Company may stop the hire and recover the Equipment immediately if it reasonably believes the Equipment is being misused or is at risk, and no refund will be due.
5. Risk, loss, damage and insurance
5.1 Risk. The Equipment is at the Hirer's risk, whether or not the Hirer is at fault, for the following period:
Option A: from delivery to the Venue until the Company Team collects it;
Option B: from collection by the Hirer until it is returned to the Company and checked in;
Option C: from delivery to the Venue until the Company Team collects it, subject to clause 6.4.
Equipment kept by the Hirer after the Hire Period ends stays at the Hirer's risk until it is returned or collected.
5.2 Hirer's liability. The Hirer must pay the Company for loss, theft or damage to the Equipment during that time, other than fair wear and tear. The amount is:
the reasonable cost of repair, where the item can be repaired; or
the Replacement Value in the Booking Confirmation, where it is lost, stolen or cannot economically be repaired;
plus the Company's reasonable loss of hire income while the item is out of service, where the Company cannot supply a replacement.
5.3 Missing parts and cleaning. Missing accessories, cables, cases and consumables will be charged at their replacement cost. Equipment returned dirty or wet will be charged a reasonable cleaning fee.
5.4 Insurance. The Hirer must insure the Equipment for its Replacement Value for the whole period it is at the Hirer's risk, unless the Company has agreed in writing to a damage waiver. On request the Hirer must show evidence of cover.
5.5 Theft and security. Equipment must not be left in a vehicle unattended or overnight, or left in an unlocked or unsupervised area. In the case of theft or suspected theft, the Hirer must report it to the police at once, give the Company the crime reference number, and help with any investigation.
5.6 Settlement. The Company may deduct amounts due under this clause from the Deposit. Any further sum due will be invoiced and is payable within 14 days.
6. Setup and operation by the Company
This clause applies only where the Booking Confirmation says the Company will set up, operate or provide crew for the Event, including every booking under Option C (Full Service).
6.1 Services. The Company will provide the Services described in the Booking Confirmation, using competent staff and reasonable skill and care. The Company may substitute equivalent or better Equipment if an item becomes unavailable or faulty.
6.2 Access and timings. The Hirer must give the Company's team access to the Venue at the agreed load-in time, with safe, clear working areas, adequate power, nearby parking and, where the Booking Confirmation says so, [refreshments for long days]. The Hirer must tell the Company in good time of any changes to the programme, running order or finish time.
6.3 Overtime. If the Event runs beyond the agreed finish time, or setup is delayed by the Hirer or the Venue, the Company may charge [£ ] per hour (or part hour) per team member, and may need to end the Services if staff or Equipment are due elsewhere.
6.4 Risk during the Services. While the Company's team is on site and operating the Equipment, the Company is responsible for damage to the Equipment caused by its own negligence. Clause 5 still applies to loss or damage caused by the Hirer, guests, performers, other contractors, the Venue, power faults or weather, and to Equipment left at the Venue when the Company's team is not present.
6.5 Sound levels and safety. The Company's team may limit sound levels, or refuse or stop any activity, if needed to meet Venue or local authority limits, protect hearing, or keep people and Equipment safe. No refund is due where it does so reasonably.
6.6 Other suppliers and performers. The Company is not responsible for the equipment, performance, timing or behaviour of other suppliers, performers or speakers, or for any content played, performed or broadcast. The Hirer must get all permissions needed for recording, streaming or broadcasting the Event.
6.7 Interference. The Hirer must make sure that guests and other people do not touch, move or interfere with the Equipment.
7. Cancellation, postponement and termination
7.1 Cancellation by the Hirer. The Hirer must cancel in writing (email is enough). The Hirer must then pay the following share of the Hire Charge, which the parties agree is a fair estimate of the Company's loss from holding the date. The Company keeps the Deposit against any sum due and refunds any excess.
Notice given before the Hire Period starts
Amount payable
More than 14 days
None, the Deposit is refunded less an admin fee of £10
2 to 14 days
50% of the Hire Charge
Less than 2 days, or after delivery
100% of the Hire Charge
7.2 Changing the date. The Hirer may ask to move the booking to another date, at least 2 days before the Hire Period starts. The Company will agree if the Equipment and team are free, and may charge any price difference. Otherwise 7.1 applies.
7.4 Cancellation by the Company. If the Company cannot provide the Equipment or Services, for example because of equipment failure, illness, a venue or transport problem, the Company will tell the Hirer promptly and try to offer equivalent Equipment or Services. If it cannot, it will refund everything the Hirer has paid for the cancelled part. This is the Hirer's only remedy for the cancellation.
7.5 Termination for breach. Either party may end this agreement if the other commits a serious breach and, where it can be put right, fails to do so within [48 hours] of written notice.
7.6 Immediate termination by the Company. The Company may end the hire and recover the Equipment immediately, without refund, if the Hirer fails to pay when due, breaches clause 2.2, 4 or 5.5, becomes insolvent, or the Company reasonably believes the Equipment is at risk.
7.7 On termination. The Hirer must return the Equipment at once, or allow the Company to enter the place where it is kept to collect it. The Hirer must pay the Company's reasonable costs of recovery. Termination does not affect rights that have already arisen.
8. Liability and events outside our control
8.1 Nothing in this agreement limits or excludes liability for death or personal injury caused by negligence, for fraud, or for anything else that cannot lawfully be limited.
8.2 Subject to 8.1, the Company is not liable for loss of profit, loss of revenue or reputation, the cost of a cancelled or disrupted Event, or any indirect or consequential loss, whether it arises from breach of contract, negligence or otherwise.
8.3 Subject to 8.1, the Company's total liability for any claim arising from this agreement is limited to the Hire Charge the Hirer has paid.
8.4 The Company is not liable for any failure or delay caused by something beyond its reasonable control, such as severe weather, travel disruption, venue closure, power failure, government restrictions, fire, flood, or illness of key staff. If this prevents performance for more than 48 hours or makes the Event impossible, either party may cancel. The Company will then refund sums paid for Equipment or Services it has not provided, less any costs it has reasonably incurred. The Hirer must still pay for Equipment already delivered.
9. Personal data and identification
9.1 To verify the Hirer's identity and to protect its Equipment against theft and fraud, the Company collects the Hirer's contact details, a copy of photo ID and proof of address, and, for organisations, details of the signatory.
9.2 The Company uses this information to manage the hire, take payment, prevent and investigate loss and fraud, and meet legal duties. It will keep the information securely, restrict who can see it, and delete the ID documents 6 months after the Hire Period ends, unless it needs them for a claim or dispute.
9.3 The Company will share the information only with its payment providers, insurers and advisers where needed, and with the police or other authorities where the law allows or requires it. It will not sell it.
9.4 The Hirer has rights under data protection law, including to see, correct and ask for deletion of their data. Contact info@anothervibe.co.uk The Company's privacy notice can be found on our website.
10. General
10.1 Changes. Changes to this agreement must be in writing and agreed by both parties.
10.2 Notices. Notices may be sent by email or post to the addresses in the Booking Confirmation, and are treated as received on the next working day.
10.3 Assignment. The Hirer may not transfer this agreement or the Equipment to anyone else. The Company may use subcontractors.
10.4 Severance and waiver. If any term is found unenforceable, the rest remains in force. A delay in enforcing a right is not a waiver of it.
10.5 Third parties. Nobody else has a right to enforce this agreement under the Contracts (Rights of Third Parties) Act 1999.
10.6 Law and courts. This agreement and any dispute about it are governed by the law of England and Wales, and the courts of England and Wales have jurisdiction.
Equipment list
The Equipment, with quantities, asset or serial numbers, Replacement Values and condition at delivery, is listed in the Booking Confirmation or in an equipment schedule attached to it. The Hirer should check it against the Equipment received (clause 2.6).