Our Terms and Conditions
Hire Terms and Conditions
1) In this contract the term “equipment” or “items” refers to the items listed as the hire on the delivery sheet, invoice or confirmation.
2) In this contract the term “you” or “hirer” refers to the named individual who accepts responsibility of “the equipment.”
3) In this contract the term “our”, “us”, “we”, “TMS” or “Totally Musical Solutions” refers to Totally Musical Solutions.
4) By signing this contract or paying deposit or full fee, or the event taking place, you are in agreement to these terms and conditions.
5) All payments for dry hire of equipment must be paid for on collection or prior to delivery.
6) Unless otherwise arranged by us in writing, all payments for wet hire must be made 7 days prior to event start date.
7) Late returns will incur fees based on the ‘per day’ hire costs of the equipment. Any late fees would be due immediately.
8) Late fees will be due at 2% per day of the total outstanding amount due each day that payment is not made after the due date cumulative. This will be enforced at our discretion.
9) Any additions to the hire equipment or services we provide will be accompanied with further invoices/paperwork and payment details will be clearly displayed on them.
10) Deposits against equipment are usually refunded within 5 working days following satisfactory condition of equipment. This will be to your original payment method only.
11) In the event of cancellation, booking deposits are refunded at our discretion.
12) The “equipment” is and remains the property of Totally Musical Solutions.
13) You are fully responsible for the equipment from delivery/collection until returned to TMS and signed off.
14) The equipment will be delivered and collected to/from the hirers address only unless agreed by Totally Musical Solutions in writing.
15) We do not accept any liability for any damage to persons or property, health, injury or death from use of the equipment.
16) The hirer accepts all responsibility for the equipment including but not limited to; theft, fire, water damage, excessive wear and tear, breakages, cleanliness.
17) The hirer accepts responsibility to provide any necessary extra insurance cover for the equipment. Copies of the certification must then be given to Totally Musical Solutions.
18) The equipment must not be taken outside of the United Kingdom without the express written permission of Totally Musical Solutions.
19) Totally Musical Solutions reserves the right to end this agreement at any point without notice if we feel that the terms and conditions have been breached, taking back the equipment without refund of deposit.
20) The equipment must only be used for the purpose designed.
21) If the equipment is hired to a venue, it must remain at the venue throughout unless written permission is obtained from Totally Musical Solutions.
22) The hirer will not sub-hire the equipment.
23) The hirer will not loan the equipment or pass it to any third party.
24) The hirer will notify Totally Musical Solutions immediately of any theft, loss, damage, breakages and will not attempt repair themselves.
25) The hirer is responsible for any cost of replacement/repair of the equipment in the event of, including but not limited to theft, fire, water damage, excessive wear and tear, breakages, cleanliness.
26) During the hire period, Totally Musical Solutions reserves the right to recall the equipment or visit the equipment to check its condition.
27) At the end of the hire period, the equipment must be returned to Totally Musical Solutions on the hire end date and agreed time unless an extension has been arranged and all paperwork completed.
28) Any payments not made inside 30 days including any late fees will automatically be sent to the courts for recovery.
29) If the hire period is extended by us, we reserve the right to change the equipment like for like or upgrade at Totally Musical Solutions discretion.
30) Maintenance of equipment during the hire period is at our discretion
31) Copies will be taken of identification documents and stored securely for the duration of the hire period and for six months following. They will not be disclosed to any third party except legal or criminal authorities in the event of action being taken against the hirer following a breech of contract.
32) All TMS equipment has an ID system of a barcode, small strip of red and yellow pvc tape on it, a logo, or label. These must not be removed. Likewise, P.A.T. stickers must not be removed from any electrical appliance.
33) During the hire period, Totally Musical Solutions reserves the right to recall the equipment or visit the equipment to carry out maintenance eg: P.A.T. testing.
34) All cables must be returned in an individual coil ring formation secured by a piece of PVC tape (supplied). Failure to do this will incur a £1/per cable coiling fee.
35) Emergency call out fee will be applied to hires requested at 24hrs notice or less at our discretion.
36) We will demonstrate DIY DJ hires, however we are not responsible for user’s knowledge affecting usage of our equipment during any hire or the effects this may have on an event or booking.
37) Any special price lists or discount pricelists are completely at the discretion of TMS. These may be withdrawn without notice in the event of breech of payment terms or any hire agreement terms.
Performance Terms and Conditions
1) By accepting this booking you agree to the following terms and conditions and or paying the deposit or full fee you accept this contract.
2) You will be liable for charges if you cancel the event.
3) Your booking is only secured upon payment of deposit or full fee.
4) We will only deliver what you have specified and recorded on the invoice or confirmation sheet.
5) The payment instructions must be followed.
6) Late or non-payment will be interpreted as a cancellation and fees will apply.
7) You agree to pay 2% cumulative of your outstanding balance for every day that passes the payment deadline. This will be enforced at our discretion.
8) Totally Musical Solutions may ask for a deposit, which is non-refundable in the event of cancellation. This must be paid at the time that the contract is signed by the client.
9) Cancellation of event may result in you loosing your deposit. This is at the discretion of Totally Musical Solutions.
10) Cancellation of event 6 months or less prior to event date will incur a 25% charge of fee.
11) Cancellation of event 3 months or less prior to event date will incur a 50% charge of fee.
12) Cancellation of event 1 month or less prior to event date will require full fee to be paid.
13) The client must ensure that guests do not interfere with the performance.
14) The client must ensure that any guests that are abusive or violent towards any Totally Musical Solutions staff or acts are either ejected or moved away from the situation. Totally Musical Solutions and the acts reserve the right to terminate their performance and vacate the venue without refund to the client if any situation of this nature is not resolved satisfactory.
15) The artists/DJ etc. must be provided with soft drinks for the duration of the event or expenses paid as specified.
16) The venue must be suitable for the act you have booked ie: stage size. Totally Musical Solutions accepts no liability for any performance that cannot take place due to unsuitability of the venue.
17) It is the venues responsibility to provide power unless specified ie: outdoor event. Totally Musical Solutions accepts no responsibility for power sources from the venue.
18) Totally Musical Solutions accepts no liability for any performance that cannot take place due to, but not limited to; license requirements, power failure, death of act, death of staff, injury, weather, act of God, act of war, terrorism, force majure.
19) Totally Musical Solutions reserves the right to cancel this contract. A full refund will be given in this event.
20) Where playlists are specified, Totally Musical Solutions or any act are not responsible for the atmosphere created. Please bear in mind what you like, your guests may not.
21) Totally Musical Solutions and any act have to comply with the legal license times by law. If you want a late license you must arrange that yourself with the venue.
22) The times specified on the invoice cannot be changed. If you require a longer performance due to later licenses etc. you must notify us at least one week prior to event and extra fees may apply. It will not be possible to arrange this at the event.
Dry Hire Extra Terms
1) The named hirer and user attend for the demonstration and to sign all documentation at the agreed delivery/collection time on the invoice/delivery note or by email. If this does not happen, we reserve the right to refuse delivery without refund.
2) These terms and conditions apply even if a member of TMS staff or any one working on behalf of TMS is in attendance before, during and after the event period.
3) The equipment listed on the delivery note was delivered and demonstrated to the hirer’s satisfaction and when the technician left it was in full working order. I have been shown the maximum volume level and the safety warning lights on the equipment and will always adhere to them. I have also had all radio mics demonstrated to me including feedback suppression, interference, aerial positioning, belt pack positioning, correct usage and battery change/usage. The functionality of all wireless equipment is not guaranteed if other non-TMS wireless equipment is operated alongside or within a 100m radius without the knowledge of TMS.
4) Not to bypass any speaker management systems, compressors or volume limiters.
5) I have been shown how to check the fluid level and how to refill smoke/haze machines. I will not let them run dry as this causes irreparable damage. I will only use fluid provided by TMS and will cease usage if fluid supplied runs out.
6) There is a £50 charge for all non-returned remote controls from our hire stock or third-party equipment.
7) The named individual or organization on the invoice/delivery note is completely responsible for the equipment and its condition from signature on the delivery note to collection/return. This includes but is not limited to accidental damage, fire, theft, water damage, excessive wear and tear, breakages, cleanliness.
8) The named individual or organization on the invoice/delivery note is completely responsible for the equipment even if a third party operates the equipment.
9) To keep all food and beverages away from all equipment. This includes, but is not limited to, drinks placed on speakers, near mixing desks and audio/mains cabling.
10) We will demonstrate dry hires, however TMS is not responsible for user’s knowledge affecting usage of our equipment or any third-party equipment during any hire or the effect this may have on an event or booking.
11) We will photograph the setup before we leave. If you decide to move the hire from where it was originally set up or make changes, you are wholly responsible for the subsequent functionality of the equipment.
12) We provide free telephone technical support for the duration of the hire. If you require attendance in event of problem, there is a call out charge of £100.00 plus 45p per mile travel costs which must be paid in full on card or by bank transfer before they will attend. This may be refunded at our discretion in the event of technical breakdown that falls under our liability.
13) All damage, including but not limited to, blown drivers in speakers and amplifier damage due to excessive volume levels must be paid for. We will always endeavor to repair equipment, however if damage is severe enough it may result in replacement being necessary.
14) At our discretion we may provide a substitute piece of equipment so that your event can continue. Hire fees will be chargeable if the original hire is damaged by misuse and must be paid immediately by cash or card.
15) Your deposit will be held until all equipment has been tested on return and found to be in satisfactory working order and clean condition.
16) All cables must be returned coiled in an ‘O’ shape and secured with white tape. We will deduct £1 from your deposit for every cable not returned in this manner.
17) Totally Musical Solutions reserves the right to end this agreement at any point without notice if we feel that the terms and conditions have been breached, taking back the equipment without refund of deposit. This also applies to physical, verbal and mental abuse against any TMS member of staff or third party provided by/through TMS.
18) I fully agree to these terms and the terms and conditions attached to the delivery note.