Frolic. audio-visual installations, content and rental.

Any hirer must open an account prior to hiring.
To open an account we require:
1. Passport or Driver’s License
2. 2 proofs of address from 2 different established sources (eg. government body, utility company, bank, or other finance company)
We may, particularly for expensive items, require the hirer to take out insurance for the duration of the hire.
Hire of equipment and/or services is subject to the following general terms and conditions (these may vary from time to time and from contract to contract - please check contract at the time of hire for current wording if concerned):

FROLIC AV LIMITED

HIRE TERMS AND CONDITIONS

DATE: (“Effective Date”)

PARTIES:

Frolic AV Limited of 104 Downham Road London N1 5BE ("Frolic"); and
[INSERT NAME] of [INSERT ADDRESS] (“Hirer”).

IT IS AGREED between the parties hereto as follows:

DEFINITIONS
In this Agreement the following words and expressions shall have the meanings set out below:

“Additional Charges”

means the additional charges payable in respect of any damage to, or delay in the return of, the Equipment, as set out in the Hire Schedule(s);

“Delivery”

means delivery of the Equipment to the Hirer by Frolic or by the Technician, or collection of the Equipment by the Hirer from Frolic;

“Disbursements”

means the disbursements and expenses (including reasonable travel and subsistence expenses) incurred by Frolic and/or the Technician in the performance of the Services;

“Equipment”

means the equipment set out in the Hire Schedule(s);

“Hire Charge”

means the fee payable by the Hirer to Frolic, in respect of the Hirer’s use of the Equipment, as set out in the Hire Schedule(s);

“Hire Schedule”

means the Hire Schedule(s) substantially in the form set out at Schedule 1 hereto;

“Project”

means the project(s) in respect of which the Equipment may be used by the Hirer, as set out in the Hire Schedule(s);

“Return”

means return of the Equipment to Frolic by the Hirer or by the Technician, or collection of the Equipment by Frolic from the Hirer;

“Services”

means the services, if any, set out in the Hire Schedule(s);

“Technician”

means the person(s), if any, who will provide the Services, as set out in the Hire Schedule(s);

“Location”

means the location at which the Hirer may use the Equipment, as set out in the Hire Schedule(s);

“Term”

means the term for provision of the Equipment and/or performance of the Services, as set out in the Hire Schedule(s).

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USE OF THE EQUIPMENT/SERVICES
1. In consideration for the payment of the Hire Charge, Frolic shall provide the Equipment and/or shall engage a Technician to perform the Services for the Project only, throughout the Term in the Location subject to the terms and conditions of this Agreement.
2. This Agreement shall commence on the Effective Date and, subject to the provisions set out herein, shall continue until such time as all Equipment has been Returned undamaged to Frolic or, where the Hirer is unable to Return all the Equipment undamaged, until all Additional Charges have been paid by the Hirer.
3. The Hirer shall bear all risk in the Equipment from the time of Delivery until such time as all of the Equipment has been Returned undamaged to Frolic.
4. At all times following Delivery and prior to Return of the Equipment, the Hirer shall keep the Equipment under the Hirer’s control and shall procure that it is used only by persons with the appropriate qualifications and experience in the use of similar equipment, and with all reasonable skill and care in a manner consistent with generally accepted standards within the relevant industry. The Hirer shall take all reasonable precautions to protect the Equipment, including but not limited to guarding the Equipment against damage by the weather, salt water and dust.
5. The Hirer shall not, without the prior consent of Frolic, use the Equipment in any way, or take the Equipment to any location, in which the Equipment may reasonably be considered to be at risk of damage.
6. The Hirer shall not:
  1. modify or misuse the whole or any part of the Equipment in any way whatsoever; or
  2. affix to, install or insert onto the Equipment any accessory, equipment or device incompatible with the Equipment’s proper use; or
  3. interfere in any way with the mechanism of the Equipment or any nameplates signs or serial numbers thereon; or
  4. attempt to do any of the things set out in this clause 2.6.
7. In the event that the Hirer makes any breach of clauses 2.4, 2.5 or 2.6, notwithstanding any other provision herein and without prejudice to its other rights and remedies, Frolic shall be entitled to terminate this Agreement forthwith on notice.
8. On or before the last day of the Term, the Hirer shall Return the Equipment.
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CHARGES AND PAYMENTS
1. In consideration for the provision of the Equipment and/or the Services, the Hirer shall pay the Hire Charge and the Disbursements to Frolic. The Hire Charge shall be payable on or before the Effective Date. Frolic shall issue invoices for the Disbursements at such times as Frolic, in its sole discretion, deems appropriate and the Hirer shall pay Frolic in respect of such Disbursements within fourteen (14) days of the invoice date.
2. In the event that the Hirer fails to Return all or any part of the Equipment undamaged prior to the last day of the Term, Frolic shall issue one or more invoices to the Hirer in respect of the Additional Charges. The Hirer shall pay the Additional Charges to Frolic within fourteen (14) days of the invoice date.
3. The Hire Charge and any Additional Charges payable pursuant to this Agreement are exclusive of Value Added Tax which shall, where appropriate, be paid by the Hirer in addition.
4. Frolic may require the Hirer to pay such amount as Frolic, in its sole discretion, deems appropriate as a deposit to be held by Frolic as security against damage to the Equipment, or failure or delay in the Return of the Equipment. In the event that the Equipment is Returned undamaged on or before the last day of the Term, this deposit shall be refunded fourteen (14) days after the last day of the Term.
5. If any applicable law requires the Hirer to withhold amounts from any payments to Frolic hereunder, (i) the Hirer shall effect such withholding, remit such amounts to the appropriate taxing authorities and promptly furnish Frolic with tax receipts evidencing the payments of such amounts, and (ii) the sum payable by the Hirer upon which the deduction or withholding is based shall be increased to the extent necessary to ensure that, after such deduction or withholding, Frolic receives and retains, free from liability for such deduction or withholding, a net amount equal to the amount Frolic would have received and retained in the absence of such required deduction or withholding.
6. If any sum payable under this Agreement is not paid within thirty (30) days after the due date then (without prejudice to Frolic’s other rights and remedies) Frolic reserves the right to charge interest on such sum on a day to day basis from the date such payment was due to the date of actual payment (both dates inclusive) at the rate of five (5) per cent above the base rate of Barclays plc from time to time in force compounded quarterly. Such interest shall be paid by the Hirer on demand.
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CANCELLATION
1. In the event that, following the Effective Date but prior to the commencement of the Term the Hirer wishes to cancel the provision of the Equipment and/or the Services Frolic may, in its sole discretion, offer a refund of the following amounts:
  1. cancellation more than [INSERT NUMBER] days prior to the commencement of the Term – 90% of the Hire Charge;
  2. cancellation more than [INSERT NUMBER] days but less than [INSERT NUMBER] days prior to the commencement of the Term – 50% of the Hire Charge;
  3. cancellation more than [INSERT NUMBER] days but less than [INSERT NUMBER] days prior to the commencement of the Term – 25% of the Hire Charge;
  4. cancellation less than [INSERT NUMBER] days prior to the commencement of the Term – nil.
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TERMINATION
1. Frolic may terminate this Agreement forthwith on notice in writing to the Hirer if:
  1. the Hirer commits any material breach of any term of this Agreement and (in the case of a breach capable of being remedied) shall have failed, within fourteen (14) days after the receipt of a request in writing from Frolic so to do, to remedy the breach;
  2. the Hirer shall have a receiver or administrative receiver appointed over it or over any part of its undertaking or assets or shall pass a resolution for winding up (otherwise than for the purpose of a bona fide scheme of solvent amalgamation or reconstruction) or a court of competent jurisdiction shall make an order to that effect or if the Hirer shall enter into any voluntary arrangement with its creditors or shall become subject to an administration order or shall cease to carry on business.
2. Any termination of this Agreement (howsoever occasioned) shall not affect any accrued rights or liabilities of either party nor shall it affect the coming into force or the continuance in force of any provision hereof which is expressly or by implication intended to come into or continue in force on or after such termination.
3. On termination or expiration of this Agreement for any reason, the Hirer shall return the Equipment forthwith without notice to Frolic.
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EXCLUSIONS AND LIMITATIONS OF LIABILITY
1. The Equipment is provided ‘as is’ without warranty of any kind, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and any warranties arising by statute or otherwise in law or from course of dealing, course of performance, or use of trade, all of which are hereby excluded and disclaimed, and the Hirer hereby acknowledges and agrees that it is solely responsible for ascertaining the suitability of the Equipment for use in the Project.
2. Save in respect of death or personal injury, liability for which shall be unlimited, the aggregate liability of Frolic shall be limited to the amount of the Hire Charge.
3. Frolic shall not be liable for any indirect or consequential loss or damage, including but not limited to loss of business or business benefit, loss of saving or loss of profit, suffered by the Hirer.
4. Frolic shall not be liable for any failure or delay in the provision of the Equipment and/or Services, or any other breach that results from wars, strikes, lock-outs, restrictions, non-availability of goods, materials or labour or owing to any other cause beyond the reasonable control of Frolic.
5. Notwithstanding any other provision herein, the Hirer hereby indemnifies Frolic without limit, and on demand, against all damage to the Equipment during the Term, and all losses, damages, claims, costs (including legal costs) and judgments in any jurisdiction which Frolic incurs as a result of Frolic carrying out its obligations under this Agreement, or as a result of any breach by the Hirer of its obligations under this Agreement or any unauthorised act or omission of the Hirer, its employees, contractors or authorised representatives or any third-party claim arising from the Hirer’s use of the Equipment. For the avoidance of doubt, both parties acknowledge that Frolic is providing the Equipment and/or the Services in consideration for the indemnity provided herein by the Hirer in this clause 6.5, and both parties intend to be irrevocably bound by it. This clause 6.5 will survive expiration or termination of this Agreement for any reason
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TITLE
1. The Equipment shall at all times remain the absolute property of Frolic and no proprietary or other interest in the Equipment shall vest in or pass to the Hirer, who shall for all purposes be deemed the bailee of the Equipment.
2. The Hirer shall not sell, loan, assign, pledge, encumber, part with or suffer any lien to be created over the Equipment.
3. Frolic may terminate this Agreement forthwith on notice in the event that, in the sole opinion of Frolic, the Hirer has, or has attempted, to do any of the acts prohibited by clause 7.2 or has done or omitted to do any act and has thereby jeopardised Frolic’s rights in the Equipment.
4. At any time following the expiry of the Term, and in the event that the Equipment has not been Returned, Frolic or its representative may enter any premises upon which Frolic reasonably believes the Equipment to be kept for the purpose of recovering the Equipment. In the event that such premises are not under the control of the Hirer, the Hirer shall obtain permission for Frolic to enter such premises. The Hirer shall indemnify Frolic in full and on demand in respect of any costs incurred in recovering the Equipment.
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INSURANCE
1. Frolic shall effect insurance in respect of the Equipment and/or the Technician on the Hirer's behalf and the Hirer hereby acknowledges that it has read and accepted the terms and conditions of Frolic’s insurance policy.
2. The Hirer acknowledges and agrees that, in respect of Frolic’s insurance policy, the Hirer is bound by the same terms, conditions and exceptions as Frolic as though the Hirer were the party insured. In particular, the Hirer shall take reasonable precautions to safeguard the equipment and shall comply with the requirement to take all reasonable security precautions, including but not limited to procuring, at all times other than when the Equipment is in use and in full view of the Hirer, that it be kept out of sight in a locked and alarmed and/or immobilised van, or in a secure locked room.
3. The Hirer undertakes to make full disclosure of any matter that may affect such insurance policy. Such disclosure shall be made in writing by letter or facsimile and shall be received by Frolic no less than seven (7) days prior to the commencement of the Term.
4. The Hirer shall not to do anything that would have the effect of rendering Frolic’s insurance policy invalid in respect of the Equipment and/or the Technician.
5. The Hirer shall insure its own property and all property to be used and persons to be engaged to work on the Project, and which are not covered by Frolic’s insurance policy, against all losses, damage and liabilities caused by or arising out of or in connection with this Agreement.
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MISCELLANEOUS
1. References to clauses and schedules shall be to clauses and schedules of this Agreement. The Schedules to this Agreement form part of this Agreement and shall be interpreted accordingly.
2. The waiver by either party of its rights in respect of any breach of any provision of this Agreement shall not be taken or held to be a waiver in respect of any subsequent breach thereof.
3. No alteration, modification or addition to this Agreement shall be valid unless made in writing and signed by the duly authorised representatives from both parties.
4. Neither party or any of its employees, servants, agents or sub-contractors shall be under any liability whatsoever to the other party for any non-performance, defective performance or delay in the provision of the Deliverables and/or performance of any of the Services or work to be supplied hereunder caused directly or indirectly by an Act of God or by any other event or circumstance beyond the reasonable control of that party.
5. If any part of this Agreement is found to be unreasonable, invalid or unlawful under any enactment or rule of law the Court shall have the power to strike out or override that part whether it be an entire clause or clauses or some part or parts thereof and enforce this Agreement as if the offending part or parts had not been included.
6. The clause headings in this Agreement are inserted for ease of reference only and shall not affect the construction or interpretation of this Agreement.
7. Nothing in this Agreement shall give, directly or indirectly, any third party any enforceable benefit or any right of action against Frolic and such third parties shall not be entitled to enforce any term of this Agreement against Frolic
8. This Agreement constitutes the entire Agreement between the parties. Other than as expressly stated otherwise in this Agreement neither party shall be under any liability for any representations made prior to or during the operation of this Agreement.
9. The Hirer shall not be entitled to assign, sub-license, novate or otherwise transfer this Agreement whether in whole or in part.
10. All notices which are required to be given hereunder shall be in writing and shall be sent to the address of the recipient set out in this Agreement or such other address as the recipient may designate by notice given in accordance with the provisions of this Clause. Any such notice may be delivered personally or by first class pre-paid letter or facsimile transmission and shall be deemed to have been served if by hand when delivered, if by first class post 4 days after posting and if by facsimile transmission when despatched.
11. During the period this Agreement is in effect and for a period of 12 months thereafter, neither party shall solicit or offer employment to any employees or sub-contractors of the other party without the prior written consent of the other party. In the event that either party breaches this clause 9.10, it shall be liable to pay, immediately on demand, and without prejudice to any other, the equivalent of 12 months gross salary of the employee so solicited and/or employed.
12. This Agreement shall be governed and construed in accordance with the Laws of England and shall be subject to the exclusive jurisdiction of the Courts of England.
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For and on behalf of Frolic AV Limited

SIGNED:…………………………………………

NAME: ……………………………………………

TITLE: ………………………………………

DATE: …………………………………………

For and on behalf of [INSERT HIRER’S NAME]

SIGNED:…………………………………………

NAME: ……………………………………………

TITLE: ………………………………………

DATE: …………………………………………

FROLIC AV LIMITED

HIRE TERMS AND CONDITIONS

DEFINITIONS

USE OF THE EQUIPMENT/SERVICES

CHARGES AND PAYMENTS

CANCELLATION

TERMINATION

EXCLUSIONS AND LIMITATIONS OF LIABILITY

TITLE

INSURANCE

MISCELLANEOUS