'Contact on the day' means the contact
named by the Hirer on the Details form. Please note that if on the day the
Contact on the day is not available then The Message Group reserves the right to
select an appropriate alternative. This may include, but not be limited to, a
member of staff at the Venue, an events coordinator, a User or a close family
member or friend of the Hirer or indeed the Hirer themselves.
'Details form' means the form completed to confirm finer details of booking
including Contact on the day .
'Hirer' means the Main booking contact named on the Initial Booking Form.
'Hire date' means the date the Kiosk is hired.
'Initial Booking form' means the form that is completed by the 'Hirer' to
book the Kiosk.
'Kiosk' means the "wedding message" service and related equipment.
'Kiosk Hand-Over Documentation' means the form completed on the Hire date
which is signed by the Contact on the day and the The Message Group Representative.
'Location' means the Location of the Kiosk once delivered and configured
by a The Message Group Representative on the Hire date.
'User' means the people that use the Kiosk whilst out on hire to the
'Venue' means the postal address at which the Kiosk is to be located on
the Hire date.
'The Message Group Representative' means a representative, either employed
directly or sub-contracted for The Message Group .
1.2 In this Agreement the words 'include', 'includes', 'including' and 'such as'
are to be construed as if they were immediately followed by the words 'without
1.3 Reference to the singular includes the plural and vice versa.
2.1 The Agreement shall commence on the date the Initial Booking Form is signed
and shall be operative until receipt of the Kiosk to the satisfaction of The Message Group .
3. USE OF KIOSK
3.1 The Hirer is to ensure the Kiosk is used properly and ensure that it will
be used safely and without risk to health, shall not remove or alter or permit
removal or alteration of identification numbers or marks of the Kiosk, and shall
keep the Kiosk properly protected and safe. Under no circumstances shall The Message Group have any liability of whatever kind for any defects resulting from wear
and tear, accident, improper use by the Hirer or Users except in accordance with
the instructions or advice from The Message Group .
3.2 The Hirer is to ensure the Kiosk shall not be moved from
both the Location and Venue other than by a The Message Group Representative.
3.3 The Hirer is to obtain any consent or permissions in the use
of the Kiosk at the Venue and The Message Group shall not be held liable for refusal
or lack of any consent or permission.
3.4 The Kiosk shall at all times remain the property of The Message Group .
3.5 The Kiosk shall be delivered on date of Hire at which time
the The Message Group Representative will leave the Kiosk operational and in suitable
condition for use.
3.6 The The Message Group Representative has the right to refuse
to deliver the Kiosk if:
It believes that the Kiosk will not be used properly;
The Venue or Location is believed to be unsafe or a risk
The Venue or Location is believed to possibly cause damage
to the Kiosk;
The Venue or Location is believed to not be secure;
3.7 The Contact on the day has the right to refuse to accept
the delivery of the Kiosk if:
They believe the Kiosk to be unsafe or a risk to health;
3.8 Remote monitoring is only available at certain venues and subject to venue locations
3.8.1 Return visits will only be made to the venue if agreed in writting before the event by The Message Grou[
3.9 Return visits to move equipment can only be made if agreed by The Message Group
4.1. A deposit as specified upon the booking form shall be paid by the Hirer to
The Message Group . A receipt shall be sent to the Hirer by The Message Group . The receipt
is the only proof of booking that the Hirer shall receive.
4.2. An invoice in respect of hire will be issued 12-8 weeks prior to the date
of and FULL payment must be made no later than 2 weeks prior to the Hire date.
4.3. If the Hirer fails to pay the invoice price by the date due then The Message Group has the right to cancel the booking with no deposit being returned to
4.4. No refunds are to be given due to fault of the Hirer in operation of or
use of the Kiosk or in lack of obtaining or in the refusal of the appropriate
consents or permissions. No refund will be made for low usage of the facility.
4.5. Deposit made is non refundable
5.1 Upon receipt of written notification of cancellation four weeks prior to
Hire date The Message Group shall refund any monies paid less the Deposit.
5.2 Upon receipt of written notification within four weeks prior to Hire date
no refund will be provided.
6. DAMAGE LOSS AND REPAIR
6.1 The Hirer shall be responsible for the loss, theft or destruction of or for
any damage to the Kiosk occasioned in any manner or by whosoever or by any cause
whatsoever while the Kiosk is at the Hirer's risk (other than as a result of
fair wear and tear) and fully and effectually indemnify The Message Group in
respect of all claims. Proceedings, costs, expenses. Loss, damage and
liabilities incurred by The Message Group arising directly or indirectly form any
such, loss theft, destruction or damage.
6.2 The Message Group shall not be responsible for any losses or equipment failure
which is beyond its control.
7. TERMINATION ON DEFAULT, ETC
7.1. Without prejudice to the provision of clause 4.4 The Message Group may by
written notice (in addition to any other rights) terminate this Agreement or
suspend its performance of all or any of its obligations under the same
immediately and whether for compensation or damages or otherwise if the Hirer
fails to comply with any of its obligations under the terms of this Agreement.
8. ENTIRE AGREEMENT
8.1. This Agreement expresses the entire agreement between of the Parties in
respect of the matters contained or referred to in it and there are no promises
terms conditions or obligations oral or written express or implied other than
those contained herein.
8.2. No warranties, representations or other matters were relied upon by the
Hirer causing it to enter into this Agreement other than those expressly set out
8.3. This Agreement shall not otherwise be modified in any way except by a
written instrument signed by the Parties.
8.4. Except in the case of fraudulent misrepresentation the only remedy
available to the Hirer in respect of any misrepresentation or untrue statement
made to it shall be a claim for breach of contract.
9. FORCE MAJEURE
9.1. The Message Group shall not be liable for any failure in the performance of any
of its obligations under this Agreement caused by, and may suspend performance
of the same during, factors outside its control including, but not limited to,
disorder and natural disasters.
10 THIRD PARTIES
10.1. The Parties do not intend that any term of this Agreement may be enforced
by a third party as defined in the Contracts (Rights of Third Parties) Act 1999
under the provisions of that Act.
11.1. Any notice required to be given for the purposes of this Agreement must
be given by registered or recorded delivery mail.
11.2. The Hirer's address for the service of notice shall be address stated on
the Initial Booking Form. Any changes of address must be notified and
acknowledged to be deemed as valid.
11.3. A notice shall be deemed to have been serviced if a notification of
completed recorded delivery notice is provided via royal mail.
12. CHOICE OF LAW AND JURISDICTION
12.1.This contract shall be governed by English law and subject to the exclusive
jurisdiction of courts of England and Wales in all matters regarding it except
to the extent that The Message Group invokes the jurisdiction of the courts of any