Terms And Conditions
By booking with us you adhere to these conditions
Owner rents to Renter and Renter rents from Owner, subject to the terms and conditions of this Agreement:
1. Purpose and Intent:
The purpose of this clause is to define and clarify the usage of pronouns "we," "us," and "our" as they appear throughout this contract The definitions provided in this clause ensure clear communication and understanding between the parties involved.
Definitions:
For the purposes of this Contract: "We," "Us," "Our": The terms "we," "us," and "our" refer to Nationwide Amusements LTD a legal entity with its principal place of business located at 4-5 King Square, Bridgwater, Somerset, TA6 3YF Throughout this Contract, these terms shall be used to represent and refer to Nationwide Amusements LTD as the contracting party and service provider. "Client": The term "Client" refers to the party or entity entering this Contract with Nationwide Amusements LTD for the provision of goods or services as outlined in the contract agreement. "Parties": The term "Parties" collectively refers to both Nationwide Amusements LTD and the Client, as identified and named in this Contract.
Usage and Interpretation:
The terms "we," "us," and "our" are used in this Contract solely to Nationwide Amusements LTD 's perspective, actions, responsibilities, and obligations as the contracting party. These terms do not represent or imply any perspectives, actions, responsibilities, or obligations of the Client or any other third party involved in the Contract.
No Transfer of Pronouns:
The definitions provided in this clause are specific to the usage of "we," "us," and "our" within the context of this Contract. The use of these terms shall not be transferred or extended to other agreements, contracts, documents, or communications outside the scope of this Contract.
Entire Agreement:
This clause, along with the rest of the Contract, constitutes the entire agreement between the Parties and supersedes any prior understandings, agreements, or representations. Any changes to the usage of "we," "us," and "our" in subsequent documents shall be agreed upon in writing by both Parties.
2. Term. This Agreement shall commence on the given date of this contract and remain in full force and effect until equipment is off hired to Owner, on this given date If you would like to extend the operating hours on the night, we can discuss this on site and will be subject to additional charges. The dates and operation times are outlined at the bottom of this contract.
3. Paperwork. Owner will on demand show insurance paperwork for the sum of £5/10million to cover against public liability on the rides hired. Owner will show on demand all test certificates presented from independent safety testing company ADIPS. Owner will show on demand risk assessments for each piece of equipment.
4. Restrictions on Use. Renter shall not: a) Permit the equipment to be used by any person who is not authorised to use such equipment; b) Operate or use the equipment or permit it to be operated or used in violation of law; c) Operate, use, maintain or store the equipment in a manner likely to cause damage to the equipment.
5. Equipment Supply. Every effort will be made to make sure the booked equipment attends which is booked, if for any reason anything hired breaks down on the way or suffers advance technical faults a ride or attraction of equal size and value will be substituted, if this is not possible the Owner will refund that piece of equipment in full.
6. Pull Down & Clean-up. We will make every effort to remove all equipment on the day/evening of the event date, post event, this also includes litter picking around the area where each piece of equipment has resided. The owner will also provide drip trays to generating sets where necessary and cover all cabling running from generating sets to rides.
7. Ownership. Owner shall always retain ownership and title to the Equipment. Renter shall immediately notify Owner in the event Equipment is levied, has a writ attached or is threatened with seizure. Renter shall indemnify and hold Owner harmless against all loss and damages caused by such action. Equipment shall always be deemed to be personal property, whether it may be attached to any other property.
8. Exclusivity of Services:
The client agrees not to provide services of a similar nature to any other fairground operator, agent, or competing entity. The exclusivity of services outlined in this Clause applies specifically to the type of services specified in this Contract. The Client is not prohibited from engaging in other business activities, services, or contracts that do not conflict with the services provided to the Client under this Contract. The client acknowledges and agrees not to work on-site or engage in any capacity with other fairground operators, agents, or entities that directly compete with the Client's interests during the term of this Contract. This includes but is not limited to the provision of services, consultation, partnership, or employment.
9. Cancellation. If the event is cancelled by you up to 30 days before the event date, you will be liable for 50% of the invoice total, if the event is cancelled 29 days to 1 day before the event date you will be liable for 75% of the invoice total, if the event is cancelled on the day of the event, you will be liable for 100% of the invoice total, any booking fee made in advance is non-refundable.
10. Force Majeure. We shall not be held responsible for any delay in performing the services under this agreement if such delay is caused by circumstances beyond our control. In these we shall be entitled to a reasonable extension of time for the performance of services. Sometimes we shall be unable to do what we have agreed due to something beyond our control, if this does happen, we do not hold any responsibility for what has occurred. Circumstances include but not limited to extreme rain, severe wet weather, pandemics, high wind, restricted access, incorrect licenses, incorrect information on site etc.
11. Site Visits We always recommend a site visit if it is a venue we have not worked with before, site visits are chargeable at £1.00 + VAT per mile each way from our office in Rugby, Warwickshire. There is a minimum site visit charge of £100 plus VAT for all site visits. A site visit won’t be necessary if you can guarantee that there is good HGV access, gates wide enough to drive through, reasonably level ground, no low bridges or villages on the approach to the venue, space to turn around or any other access issues. If you can guarantee this, then a site visit will not be needed. If we attend on the day and cannot gain access to the venue for any reason to do with access, then we shall cancel the job and no booking fee or final payment will be refunded. If a site visit is booked through us and the booking fee is paid, and we find access is an issue then your booking fee will be refunded minus the site visit cost.
12. Damage. 3rd Party damage is included in our policy however it does not include vehicle damage caused to grass, grass verges, banks or roads made of stone or gravel
13. Pricing. All prices quoted are excluding VAT at the current rate of 20% For the purpose of this contract we label prices with PLUS VAT – this figure is then subject to that VAT rate of 20%
14. Additional Costs. The price quoted covers the following only, Ride hire, staff, our own power, transportation including fuel, insurance and RAMS. It does not however include the following which would need covering separately. Crew catering for staff on site if working more than one day hire, welfare including toilets and hand-washing facilities, Tolls/Bridge fees/Congestion Zone charges in London, Clean Air Zone charges in Birmingham and Manchester, site visits, site specific risk assessments and offsite parking charges. We shall also charge separately for each attraction on hire an hourly fee of £250 plus VAT for overrun of events, venue not being ready on time or any other associated delay in time going over the allocated time booked. We do not supply portable roadway, track mats or trackway on any job, we can advise on where to obtain these. Our rides are powered independently by generators mounted on the back of the lorry they arrive on. If you do not want these lorries or trailers on site, you must supply your own generators at your own expense.
15. Film/TV Work: We shall not carry out any work which involves (but not limited) to the following: scripts depicting mall practice within our industry, stereotypes, accents, ride accidents, unsafe rides, anything involving illegal practices or crime, racism, game fixing, cross reference with gypsies or travellers. ANY breach of this will not be tolerated and will be dealt with legally.
16. Non-Discrimination and Equal Treatment & Harassment-Free Environment
The Parties shall not discriminate against any staff member based on factors such as race, colour, religion, sex, gender identity, sexual orientation, national origin, age, disability, or any other protected characteristic. All staff members shall be treated equally and fairly, with opportunities for growth and advancement provided without bias. The Parties shall maintain a workplace environment free from any form of harassment, including but not limited to sexual harassment, verbal abuse, bullying, and any behaviour that creates a hostile or intimidating atmosphere. Any complaints or reports of harassment shall be promptly addressed and all equipment will be removed from site immediately, if this not possible the rides or attractions will be closed until the event is finished.
17. Non-Engagement Clause for Contractors Post-Event:
Scope and Purpose: This non-engagement clause outlines the terms and conditions under which the client agrees not to engage, hire, contract, or employ any of the contractors provided by us, Nationwide Amusements LTD for a period of two (2) years following the conclusion of the specified event covered by this contract.
Non-Engagement Obligation: The Client acknowledges and agrees that, for a period of two (2) years from the date of the Event's conclusion, it shall not directly or indirectly engage, hire, contract, or employ any of the Contractors who participated in providing services for the Event. This obligation is intended to protect Nationwide Amusements LTD business interests, maintain the integrity of our contractual relationships, and prevent any direct competition arising from the utilisation of our contractors’ expertise.
Communication and Compliance: The Client shall communicate the terms of this Clause to any third parties involved in hiring decisions, recruitment, or contracting of services within the Client's organization. The Client agrees to take all reasonable measures to ensure compliance with this Clause and prevent the direct engagement of Contractors covered by this agreement.
Exceptions: The restrictions set forth in this Clause shall not apply if Nationwide Amusements LTD provides written consent for the Client's engagement of specific Contractors for projects or positions that are unrelated to the services provided during the Event. Such consent shall be obtained in advance and shall not be unreasonably withheld.
Enforceability and Severability: If any part of this Clause is deemed unenforceable by a court of competent jurisdiction, the remainder of the Clause shall remain in full force and effect. The parties agree that if a court finds any portion of this restriction unreasonable, it shall be modified to the extent necessary to make it reasonable and enforceable.
Remedies for Breach: In the event of a breach of this Clause, we shall be entitled to seek injunctive relief and any other legal remedies available to prevent or restrain the Client from engaging in prohibited activities. WE may also seek damages resulting from the breach, including any direct or indirect harm caused to our business interests.
18. Contract Acknowledgment
The purpose of this clause is to ensure that the parties involved in this contract fully understand and acknowledge the terms, conditions, and obligations outlined in the Contract prior to signing. By signing the Contract, the client acknowledges their comprehension of the terms and their commitment to fulfil their respective obligations.
Mutual Acknowledgment: By affixing their signatures to this Contract, the client acknowledges that they have read, understood, and comprehended the terms and conditions set forth in the Contract. This acknowledgment signifies their commitment to adhere to the terms and fulfil their obligations as outlined in the Contract.
Opportunity for Clarification: The client acknowledges that they have had the opportunity to seek legal advice or consultation regarding any aspect of the Contract that may require clarification. By signing, the client confirms that they are satisfied with the explanations provided and that their questions, if any, have been adequately addressed.
Voluntary Agreement: The client further acknowledge that their decision to sign this Contract is entirely voluntary and that they are entering into the agreement of their own free will, without any undue influence, coercion, or misrepresentation from any party involved.
Binding Commitment: The acknowledgment of understanding and agreement to the terms of this Contract serves as a binding commitment for the client. This acknowledgment affirms that they have the capacity, authority, and legal standing to enter this Contract.
No Reliance on Oral Statements: The client acknowledges that no representations, statements, or promises made outside the terms of this Contract have influenced their decision to enter into this agreement. Any modifications or changes to the Contract must be documented in writing and mutually agreed upon by both parties.
Severability: If any provision of this acknowledgment clause is determined to be unenforceable or invalid by a court of competent jurisdiction, the remaining provisions of the Contract, including this acknowledgment clause, shall remain in full force and effect.
Payment terms are 25% upfront booking fee this is non refundable the balance is due upto 2 weeks before the event date. If payment is late or not made the job will be cancelled with immediate effect regardless how much has been paid and could incur additional charges which will also be due.
19. Operations
Unless otherwise stated all equipment supplied is managed and operated by us with a full team of staff, staff members provided by us will endeavour to follow all HSE protocols laid out by the client whilst working on site. Equipment left on site whilst un-attended is left at the risk of Nationwide Amusements LTD – We may reserve the right to stay with the equipment overnight if we deem the premises to be unsafe or exposed. In some cases rides and attractions provided are owned by third parties these contractors are approved by Nationwide Amusements for carrying out work on our behalf