TERMS & CONDITIONS
Events & Production
Section 1: General Conditions
1.1 – The client agrees that the following conditions must be met to be eligible to hire any service(s) from KIMYL Entertainment Ltd:
- The Client must be over the age of 18 on the first day of the hire period.
- Payment for hire must be made by traceable electronic means by the due date(s) stated in the invoice and limited to BACS transfer.
- Payments must be made from an account that is in the Client, Businesses’ or Charities’ name.
- The Client must provide a suitable billing address, which is based in the United Kingdom.
- If requested, the Client must provide proof of identity in the form of a valid passport or photo-card driving license. Please refer to Section 7: Data Protection for more information.
1.2 – The fee, Client Contact Details and Event Details are stated within the Event Detail Form and Invoice. This information was provided at the time of making the booking. If any of the information stated in the document is incorrect/you disagree with, it is the responsibility of the Client to bring this to the attention of KIMYL Entertainment immediately before proceeding.
1.3 – By signing this agreement, does not result in the booking being confirmed. A booking is only confirmed once all the following conditions listed below are met:
- A signed and returned agreement by the Client to KIMYL Entertainment.
- A 50% security deposit (of the invoice total) is paid to KIMYL Entertainment by the date stated in the invoice. This is usually within 7 days of the invoice date, unless specified.
For more information on Payment & Security Deposit, please refer to Section 4.
1.4 – Upon acceptance of this agreement and the security deposit being paid, the Client will receive a Booking Confirmation (via email).
The Client will then receive a reminder 2-weeks before the start date of the booking in the case of any last-minute changes required, a reminder notification one day prior to the booking followed by a notification with an estimated delivery window.
1.5 – KIMYL Entertainment will accept changes to a booking up to two weeks before the start date of the event. If it is not feasible, the Company reserve the right to decline the request.
1.6 – When making a booking with KIMYL Entertainment for an outdoor service or production, it is the Client’s responsibility to monitor the weather up to the agreed date. In adverse weather conditions (e.g. rain/snow), KIMYL Entertainment reserve the right to terminate the agreement if an appropriate indoor location or adequate dry shelter cannot be arranged by the Client, prior to the event date.
1.7 - KIMYL Entertainment reserve the right to inspect the nature of the event and all equipment hired at any point during the period and terminate the agreement without prior notice if they suspect that the service(s) is being misused, in any shape or form.
1.8 – Whilst managing an inventory of resources directly owned by the business, KIMYL Entertainment may sub-rent/source resources (e.g. bespoke services) from reputable third-party suppliers/contractors, when necessary. All resources supplied by KIMYL Entertainment for the Client/event during the rental period stands as property of the business and all Limitation of liability and Health & Safety Conditions remain effective towards this.
In some instances, the supplier may have separate Terms and Conditions which may need to be issued to the Client for acknowledgement. If required, KIMYL Entertainment will inform the Client.
Section 2: Limitation of liability
2.1 – KIMYL Entertainment Ltd has full Public Liability Insurance and Professional Indemnity. The Client and/or venue will be provided with the certificate, upon request.
2.2 – All electrical equipment owned by KIMYL Entertainment is annually PAT Tested. Certification can be provided, upon request.
2.3 – Health and Safety remains at the forefront of all business operations.
Please refer to Section 3: Health and Safety for more information.
When making a booking, KIMYL Entertainment will provide the Client with a unique Risk Assessment for signing by the Client. This document is in place for KIMYL Entertainment, the Client, guests, other contractors and the venue to be aware of the potential risks, injuries and accidents that may occur within the agreed services to be supplied and how it can be avoided.
Once the Client has received and signed the Risk Assessment, it is the Client’s responsibility to make the venue, other contractors and guests aware of the potential risks present on site. KIMYL Entertainment will not be held liable for any type of injury or accident caused due to misconduct.
2.4 – If an accident occurs within an unauthorised proximity, KIMYL Entertainment will not accept liability for the effect caused.
If an accident occurs within an authorised proximity, KIMYL Entertainment will not accept liability for the effect caused as the area was covered and acknowledged within the Risk Assessment, sent to the Client prior to the booking.
2.5 – Any form of equipment of equipment which has not been supplied by KIMYL Entertainment (e.g. Laptops, DJ Decks/Controller, USB Drive, Guitar, Cables) which need to be connected to the companies AV system must be communicated in writing during the planning period, prior to the event.
If the client is unsure of specific accessories or devices required for connection, KIMYL Entertainment will happily guide them through what is needed during this process.
2.6 - KIMYL Entertainment Ltd will not be held responsible for absent cabling, adaptors, chargers or items required for connecting equipment, if not specified or communicated during the planning process.
2.7 - KIMYL Entertainment will not accept liability for any damage or loss towards unsupplied equipment used in conjunction with the companies AV system.
2.8- Where KIMYL Entertainment can assist the Client with troubleshooting unsupplied equipment, the Company will fulfil this with limitations. If it affects other operations of agreed service(s) within the contract, the Company must prioritise the agreed services.
2.9 – It is the Client’s responsibility to be made aware of separate Terms, Conditions and Risk Assessments enforced by other contractors and the venue, as these may differ to those of KIMYL Entertainment Ltd.
2.10 - If the performance of this agreement cannot be fulfilled due to Force Majeure outside of KIMYL Entertainment’s control, which causes the termination of an agreement or obligation entered into, the Company shall immediately notify the Client.
Section 3: Health and Safety
3.1 - The Risk Assessment may be updated by KIMYL Entertainment, the Client or venue at any point, up until the start date of the booking. If necessary, this document will be resent to the Client for a new signature of acknowledgement. It is the Client’s responsibility to make the venue, other contractors & guests aware of any changes.
3.2 – KIMYL Entertainment will carry out all protective measures stated in the Risk Assessment, to keep the risks of injuries and accidents low.
3.3 – KIMYL Entertainment may use cable ramps and non-residue stage/gaffer tape on set. This is in place to secure cables, avoid tripping hazards, falls from height and provide a visible indication to potential hazards within authorised areas (such as staging, route ways, floor monitors, tripod legs and lighting).
If necessary, this will be recorded on the Risk Assessment and cannot be negotiated.
3.4 – During consultation or upon arrival, KIMYL Entertainment will ask the venue to provide detail about their fire evacuation procedure, in the event of a fire or fire alert.
3.5 – KIMYL Entertainment will adhere to all sound dB level requirements and are happy to measure the sound level with the Client/venue during setup to ensure it stays within the required dB limit, using a sound limiter.
3.6 - In the event of an emergency where a ‘show stop’ is required, KIMYL Entertainment agree to provide an audible PA solution to instruct everybody present in the space for further instruction, as long as it is possible and safe to do so.
3.7 – KIMYL Entertainment reserve the right to offer its service(s) in a safe and controlled environment. The Company will not tolerate any type of threat, verbal or physical abuse towards staff or any third-party representing them.
3.8 - If the Client fails to provide adequate supervision or conduct towards its attendees at any moment, KIMYL Entertainment reserve the right to terminate the service with immediate effect.
Section 4: Payment & Security Deposit
4.1 – As well as receiving this contract, an invoice of payment will be raised to the Client which contains a breakdown of each service required towards the event and its cost.
4.2 – KIMYL Entertainment Ltd is a Value Added Tax (VAT) registered business and the goods/services they sell are legally subject to VAT at the standard rate of 20%, unless specified.
All pricing stated by the Company on the Website, Quotation and Invoice, unless specially stated otherwise are inclusive of VAT.
4.3 – All payments must be made via BACS transfer directly to the bank details provided in the Invoice.
4.4 – Upon signing this agreement, a 50% security deposit fee (of the invoice total) is required to secure the booking. This deposit must be paid to the bank details provided in the invoice by the stated date. This is usually within 7 days of the invoice date, unless specified.
After 7 days (unless arrangements between the Company and the Client have been arranged), in the event of non-payment by the Client, the booking will be treated as an Enquiry and KIMYL Entertainment reserves the right to accept another booking without notification.
4.5 - KIMYL Entertainment reserves the right to increase the deposit amount up to 100% of the invoice total for any reason.
4.6 – Once the security deposit has been paid, the outstanding balance must be paid within 30 days prior to the date of the event, unless specified. The outstanding balance will be outlined in the secondary invoice.
4.7 - In the event of non-payment from the Client, KIMYL Entertainment reserves the right to terminate the agreement and retain the losses incurred through the security deposit stated in the invoice.
4.8 - The Company shall not accept any form of payment on-site.
4.9 – A travel fee may be included in the invoice. This is in place to cover commute, logistics, maintenance and running costs of the transportation used to travel to and from the event location.
4.10 – If the venue location or travel to/from the venue incurs any type of toll such as ULEZ (Ultra Low Emission Zone), Congestion Charge or Clean Air Zones, these may be liable for payment by the Client. If necessary, this will be included on the invoice.
Please note: These charges are exempt from VAT.
4.11 – If there is no free parking on-site for the duration of the booking (including off-loading and loading), the Client will be liable for covering the costs incurred. If necessary, this will be included on the invoice.
Please note: Depending on the location of the parking facility, this fee may or may not be exempt from VAT.
The Client will be notified in writing, if it is not exempt from VAT.
Section 5: Damage, Loss or Theft of Equipment
5.1 - The Client agrees that compensation will be requested in writing for damage, loss or theft incurred to the property of KIMYL Entertainment including but not limited to: equipment, vehicles or personal belongings developed from negligence, misuse, accidental or wilful conflict by the Client, guests or any other third-party present which have no relation to KIMYL Entertainment.
5.2 - The Client shall be held liable for any form of blatant or accidental damage, loss or theft incurred to the Company’s property whilst equipment is in the possession or proximity of the Client.
5.3 - Where equipment has been damaged, the Client shall be responsible for repair costs of the equipment concerned for up to but not exceeding the full replacement cost of new items of equipment at current market value. Where repair costs are incurred, an administration fee of up to £40 (+VAT) may also be charged to the Client in addition to any repair or replacement costs.
5.4 - The full replacement cost of lost or stolen equipment will be charged at current market value, along with an administration fee of up to £40 (+VAT).
5.5 – KIMYL Entertainment will not be held responsible for accidental damage caused by the Client, their guests or any other third-party which has resulted in a sudden malfunction where the event or production is put to halt.
If this poses a safety risk, KIMYL Entertainment reserve the right to terminate/postpone the service(s) with immediate effect.
Section 6: Cancellations
6.1 – Cancellations and postponements must be communicated in writing, via email and addressed to: contact@kimyl-entertainment.com.
6.2 – In the unfortunate event of the Client wishing to cancel after the deposit has been paid, KIMYL Entertainment will arrange a consultation with the Client and/or third-party member on behalf of the Client to reschedule a new date, which may be liable to additional payment, if confirmed. Under no circumstances will the deposit be refundable.
6.3 – In the unlikely event that KIMYL Entertainment are unable to attend the event in order to provide any of the agreed services within the agreement due to unforeseen circumstances such as illness or any other emergency, KIMYL Entertainment will endeavour to provide a suitable replacement with the same ability for the event to cover the performance and fulfil the agreed requirements at the same rate(s) stated in the invoice.
In this circumstance, whilst the Company will make every effort to arrange a replacement, this cannot be guaranteed and, in such cases, the Client shall be entitled to a full refund on any service(s) not fulfilled.
Section 7: Data Protection
7.1 - All personal information that the Company may use will be collected, processed, and held in accordance with the provisions of the UK Data Protection Act 2018 (General Data Protection Regulation or GDPR) and the Client’s rights under the GDPR.
7.2 - KIMYL Entertainment Ltd will not sell, share, or rent your personal information to any third-party or use your e-mail address for unsolicited mail. Any emails sent by this Company will only be in connection with the provision of agreed services and products, or for the purpose of offering information about similar such future services.
7.3 - KIMYL Entertainment Ltd reserves the right to store data such as the Client’s Name, Contact Number, Billing Address, Email Address and Emergency Contact Details in order to fulfil all contractual service requirements for the Client.
Please be aware that all information provided by you will be securely stored on one or more databases, with the exception of any sensitive data such as credit/debit card details and passport/photo-card licences.
KIMYL Entertainment Ltd hold this information under strict confidentiality for the entire duration of the hire period and beyond this period, in accordance with the relevant laws, including the UK Data Protection Act 2018 (General Data Protection Regulation or GDPR).
7.4 – KIMYL Entertainment Ltd would like to make sure you are fully aware of all of your data protection rights.
You are entitled to the following:
· The right to access – You have the right to request copies of your personal data.
· The right to rectification – You have the right to request that we correct any information you believe is inaccurate. You also have the right to request that we complete the information you believe is incomplete.
· The right to erasure – You have the right to request that we erase your personal data, under certain conditions.
· The right to restrict processing – You have the right to request that we restrict the processing of your personal data, under certain conditions.
· The right to object to processing – You have the right to object to our processing of your personal data, under certain conditions.
· The right to data portability – You have the right to request that we transfer the data that we have collected to another organization, or directly to you, under certain conditions.
If you make a request, we have one month to respond to you. If you would like to exercise any of these rights, please contact us in writing via email, addressed to: contact@kimyl-entertainment.com.
7.5 - For complete details of the Company’s collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of the Client’s rights and how to exercise them, and personal data sharing (where applicable), please refer to the Company’s Privacy Notice at www.kimyl-entertainment.com/privacy-policy.
7.6 – KIMYL Entertainment Ltd may carry out photography and/or videography for marketing purposes. The Company will take every precaution to avoid a person’s facial features being identifiable, as shot or during post production. This also applies to all types of confidential or sensitive data (such as names or information which may be displayed on a screen, board or banner). The Client must inform the Company prior to the booking if no photos or videos are to be taken during the event.
7.7 - For livestreaming services where post production is not initially possible, reasonable awareness is required between all parties in the event of a person’s facial features being identifiable.
Please note: It is the Client’s responsibility to notify its attendees for any form of photographic media work taking place, prior and during the event.
7.8 - Both parties, it’s staff, attendees or third parties reserve the right to request removal and erasure of any form of media taken, recorded or streamed at any point during the event.
This must be made in writing and addressed to: contact@kimyl-entertainment.com (or vice versa).
7.9 - KIMYL Entertainment Ltd will not carry out any form of photography/videography which includes children below the age of 18, without written consent from a parent or guardian.