Terms and Conditions of Service/Hire
All businesses should have terms and condition as a way of protecting both the client and company. They create certainty, minimise disputes and mismatched expectations, covering both the obvious and not so obvious. We have written our terms and conditions with the assistance of Trading Standards to ensure they comply with both the Unfair Contract Terms Act 1977 and the Unfair Terms in Consumer Contracts 1999. These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales. The parties hereto submit to the exclusive jurisdiction of the courts of England and Wales.
Definitions used in this document:
The person booking our services will be referred to as “You” “Your” or “Client”.
The service provider will be referred to as “We” “Us” or “Disco Couture”.
Force Majeure is used to define a major incident beyond the knowledge or control of the party involved. Examples would include severe injury or death, loss or theft of equipment and any form of a natural disaster which makes attending dangerous or unpractical. This list is not exhaustive.
1. Quotations and Bookings
We provide all of our quotations in a written format which will be in the form or an email, text message or instant message. In order to secure our services, you will need to agree to the quotation and our terms and conditions as laid out in this document.
Quotations are given on a first come first served basis so it is in your best interest to review and accept as soon as possible as there is no guarantee the date will still be available when you come to make the booking.
Once the booking is agreed and you have paid the booking fee (deposit) stated in the quotation and we have advised that the date is secure. At this point, a legal contract exists between You and Us for the provision of the agreed services.
Please take the time to ensure the details are correct as at this point we may not be able to make changes to the booking, especially the date or time. Also, the quote will have been provided with the information provided so a change could incur a charge.
To operate a professional diary, we will ask you for some personal information which will be kept as required by the Data Protection Act of 1998. There are no hidden fees in our quotes and they are inclusive of VAT where applicable.
2. Deposits and Payments
We use the term “Deposit” as a non-returnable booking fee to secure our services. Unless we decide a deposit is not required (examples are when booking is very close and the full balance might be due, or where a client is trusted having used us many times before) a deposit forms part of making a booking with us. Once the fee is paid we will send you a booking confirmation to create the contract between us.
You can make a deposit by cash, Paypal or direct bank transfer. Cash must be exchanged face to face as we cannot be held responsible for postal losses. In some cases where time does not allow or the fee does not warrant a deposit, they can be waived and you will be asked to provide written acceptance of the booking.
The normal deposit will be between £20 and £50.
We require any final balance to be paid 5 days before the event, we are sorry that we no longer accept payment during the event, we have had so many issue getting paid this way it's just no longer an option we offer. This five day period offers a buffer for slow transfers, banking errors or other issues that mean we don't have to be worrying about payment on the day of your booking. We can offer payment plans for larger balances.
If you have not settled your payment 48 hrs before the event we will try to contact you and reserve the right to cancel the booking and apply the full cancellation fee.
We understand that sometimes problems crop up or misunderstandings happen so if you are not able to settle the balance by the due date you should contact us and discuss options. We'll take legal action if full payment has not been received within 7 days of the event via the County Court Money Claims Centre https://www.gov.uk/options-if-youre-owed-money or by engaging a Debt Collection Company.
Bonds and Security Payments
We do not agree to pay any bonds, security payments or other erroneous payments that may be demanded from your venue. This does not mean we will not abide by their operating rules, so please be aware that should the venue ask for such a payment it will be refused and this could result in you having to cancel or arrange payment yourself.
3. Cancellation Policy
Cancellation by the Client:
Should you decide for whatever reason that you do not want us to perform at the agreed booking the fee is still payable. On rare occasions where extenuating circumstances exist and can be proven we may release you from the contract if we feel it is beneficial for both parties.
When you complete the booking contract you have a 14 day cooling off period before the contract is binding and if you change your mind during this time we will remove the booking and refund any monies paid. If you decide to cancel where there is reasonable notice we will also discount the payment based on the likelihood of us finding work on that date:
30 days or less notice = The total balance is required to be paid
Full 3 months’ notice = 50% of the total balance is to be paid
Full 6 months’ notice = loss of booking fee
All cancellations need to come via written correspondence (email, letter, text or private message) and will be processed once we have replied. A cancellation is final and releases us from all obligations. If you should at any point change your mind you would have to start the entire process of booking and getting a quote again.
Cancellation by Disco Couture:
In the unlikely event that we are unable to fulfil the booking, we will notify you as soon as possible and attempt to find a suitable replacement artist who has a similar style and standard to our own. If we are able to transfer the booking the deposit will be sent to the new company, if we are unable to find a suitable alternative or you do not wish us to, we will return the deposit within 30 days.
We have taken every possible precaution to ensure we can carry out the bookings we agree to however in the case of a Force Majeure it may become impossible for us to perform. Even in these rare instances, we will do everything we possibly can to ensure your event goes ahead if possible.
As the contract exists between You and Us, cancellations by other parties such as the venue do not constitute as a reason to terminate our contract. Please contact us as soon as possible if you need to revisit your booking due to a change of circumstances.
4. Access and Performance Area
By far the most dangerous part of this job is during the loading and setting up. For this reason, we feel it is important that we make you aware of the common obstacles that we come across that can impinge on our ability to perform. Due to the clauses in our insurance policies, there are limitations and practices we must adhere to. We also cannot accept help from the client or guests as they are not covered under our policy.
Parking and Loading:
The Client should ensure that the venue can provide a facility to park our vehicle safely and securely. We understand that most venues will not take responsibilities for their parking facilities. We also need to be able to park temporarily near the best access to the function room for purposes of loading and unloading.
If we require a permit or paid parking this should be made clear up front as it should be covered in the quotation. We also need parking with a height allowance of 2.6m as our van has a high top. If the advice from the client/venue staff leads to any form of fine or charge, this will be invoiced back to the client.
Stairs and Lifts:
16kg is deemed a safe load to carry however many items in our inventory are heavier. For this reason, we deem the maximum number of stairs we can safely traverse is 20. If your venue has more you should ensure there is a lift available for use. If the lift is broken or not available for any reason we may refuse to set up or come to an agreement where we install only enough equipment to balance safety and the ability to perform.
Most injuries incurred are as a result of using stairs and as we have a duty to our other clients and bookings we often don’t quote for venues which we feel do not provide a safe loading experience.
Movement of Equipment and Setting Up:
Unless otherwise agreed we will arrive 60 mins before the event to set-up and will require 60 mins after the event for breaking down and packing away of a standard Disco. These times are often increased by 30 mins per additional service booked. If the venue cannot provide us these times the setup and breakdown times will have to be included in your performance time.
We have to follow health and safety guidelines with regard to manual handling namely the Manual Handling Operations Regulations 1992. When loading over distance on the flat we will use a trolley or cart and would request that you instruct guests to keep clear while we load. We always try to set up during quiet times but after the event, guests can often hang around and congregate in doorways or stairwells. If you or your guests are injured as a result of not heeding warnings while we are loading we accept no liability.
A suitable area should be set aside for the DJ and equipment that will allow them to work safely and comfortably. It is recommended that we are provided with a performance area no smaller than 3m wide, 2m deep and with a roof height above 2.3m. Standing for long periods means the DJ has to be able to move around and get out from behind the booth safely.
On rare occasions, we have been asked to perform outdoors. We do not carry or use IP rated equipment designed for outdoor use. We will always advise this upfront, however, should you agree to the booking you agree to our outdoor work policy.
We should be provided with some form of protection from the sun, wind and rain. At an additional charge, we can provide this.
We should be provided safe power and if using a generator is should be in good working order. We will try to make all connections water resistant where possible.
We reserve the right to shut down and pack away at any time we feel adverse weather may cause damage to our equipment. In this case we will discuss the likelihood of resuming later, however, the full balance is still payable should we be unable to continue.
On bookings where we feel the above may be the case, we will always call and offer a last min choice to cancel the booking with just the loss of the deposit.
5. Power Source and Equipment Failure
We adhere to all the rules and regulations set out in HSE EAW Act 1989. We Portable Appliance Test equipment annually and maintain it to a high standard. During the set-up, we test the noise output in dB to ensure the music will not be damaging to people hearing and we use our leads and extensions with built-in circuit breakers.
All we require from the venue is 2 x 13amp power outlets in close proximity (5m) to the area in which the DJ will set up. We carry a longer extension cable but prefer not to use long cable runs which could be a tripping hazard. If you have a system which has a power cut off or dB meter please let the DJ know as this may need us to change our setup. Any damage caused by an irregular power supply or forced disconnection is the responsibility of the Client who would in turn claim against the venue.
In the unlikely event that we have equipment failure of we carry a backup of many major components in our Van. We will do our best to resume any loss of service as quickly as possible. In the very rare instance we cannot continue with the service because of Our failing we will issue a refund based on the percentage service provided.
For issues beyond our control such as power failure and acts of God, or where a failure of the venue means we are unable to provide the service safely or we deem that there is a health and safety risk the fee is still payable.
6. Security and Conduct
Withdrawal of Services:
In any case, where the employee of Disco Couture deems it necessary to terminate the service for the reasons given below no refunds will be given and payment in full is still expected.
No violent, abusive or threatening behaviour directed at our staff will be tolerated and if at any time the DJ fears for their safety they will terminate the service and pack away. If required the police and venue management will be informed. We may in rare instances agree to continue the service if the agitator is removed from the premises.
Any damage caused to equipment by the Client or any person/persons at the event will be invoiced to the Client who is fully liable to reimburse Disco Couture within 7 days of the invoice date. If this damage means we cannot continue with the service it will be withdrawn.
The venue is deemed to be unsafe to work in. This may be due to a state of disrepair, fire hazards or because other person/person’s on the premises are in breach of items 1 or 2.
It is the responsibility of the Client to ensure that the venue is suitably licensed for the event. In most cases, this will be PRS for Music or a Phonographic Performance Licence however others do exist. We cannot play music at a venue that is not suitable licenced.
We operate a ‘zero tolerance’ approach to any physical harm or damage to equipment. This will be reported to the Police and pursued to the maximum extent of the law.
Dealing with the Our Staff:
We ask that our staff are dealt with in a respectful manner at all times. We will do our best to keep the Client informed of any issues we have with guests. Unless you have stated otherwise we will accept song requests and nominations from your guests, if you wish us to change the sound level or have any other request these requests must come from the Client or a ‘nominated person’ to avoid contradictory and conflicting interests. The only exception to this is intervention from the venue owner, police or local council officer.
Access, Fire, and Evacuation:
Access control to the event is the Client's responsibility so all of the above extends to members of the public as well as invited guests. We are not licenced to do so and will not assist in the removal of person/persons from your event.
Our staff are under strict instruction to leave the building and follow the venue's fire and escape protocols on the sounding of an alarm or at the request of a member of staff. On prompt request, we are happy to use the PA system to make an announcement to guests so long as it is safe to do so.
Any children under the age of 16 will need to be supervised at all times by a suitable ratio of adults to minors. Children should be advised not to touch any equipment and keep drinks well clear of electrical equipment and power sources.
We do not carry DBS certification as our industry is not required to. In fact, self-employed individuals cannot apply for a check directly to the DBS. We should never be accountable or alone with minors while performing.
DJs will use ‘radio edits’ of songs to ensure they are free from sexual reference and foul language however where we get requests from minors for songs we have never heard we can only ask them if there is any swearing and if detected we will try to bleep it out. Unless specifically requested all over 16’s events will use the track in the original form.
8. Limitations of Liability
We disclaim any and all liability to the Client for our services to the fullest extent permissible under the applicable law. We cannot accept any liability for loss, damage, accident or expense (including any direct or indirect loss of profit) however so arising. This limitation of liability does not apply to if We have been negligent or committed any illegal acts.
We shall not be held liable for any misrepresentations other than those we may have made fraudulently.
We shall not be held accountable for any failure or delay in performing which arises as the result of a Force Majeure.
9. Extended Hire
Where possible we try to accommodate the client’s requests for extended playing time. This is subject to the DJ’s commitments and an hourly service charge which will be advised on request and is payable immediately. Extended hire should always be agreed with the venue owner before the speaking with the DJ.
10. Working with other Entertainment and Pre-requested Music
Our DJ’s are more than willing to work alongside other performers and forms of entertainment, please ensure that they know what is expected of them and if there is an overrun of change to schedule it does not affect the contracted hours. Should your entertainer ask to use our PA this can be arranged if there is a benefit to the event and its not just a way for them to save bringing their own equipment. Performers will be asked to sign a damage waiver for our protection and we will handle the connection.
Any requests for music should be submitted 5 days prior to the booking and we will endeavour to play them if the tracks are available. Special tracks can also be requested and we will do our best to source a suitable quality recording but cannot guarantee availability. If you wish to send us a playlist of sample track to play at your event please do so but it should not include more than 30 songs, however, we make no guarantee to play them all.
If you wish to bring us a track please do so only in a digital mp3 format on a memory stick and ensure you have the required copyright permissions to use the recording. All of our systems are digital so we cannot play CDs or older formats.
11. Performance Times
If we are set up early in most cases we will commence the playing of music for your guest's arrival. This is a free bonus as we always try to leave a buffer for any issues which we come across. Should the performance not start on time because of an issue that is under our control we will not charge you for this time. We will offer a refund of our part hourly rate.
The performance will end at the agreed time or when the venue management tells us to finish. We do not perform encores so if you want a false ending please let us know in advance. For the last 20 mins of the event, we do not take requests and we cannot guarantee to have time to play them.
12. Photography and Effects
We reserve the right to take photographs and video footage of events to be used in promotional materials and on our websites and social media. If you the client or any guest has an objection to their image being used please contact us via email to discuss removal. If you require full anonymity please let us know prior to the event and we will make sure the DJ knows not to take or share any images or videos. If available we will always make these photographs available to the client license free on request.
Guests should be advised that we use occasional strobe lighting, high-level sound, smoke/haze effects, bubble liquid and UV lights during the performance. If you have specific requirements please discuss these with the DJ before the event commences. We try to avoid using lights which are known to trigger effects such as Epilepsy, however, there is no guarantee this will not happen.
Photo Booth Additional Terms and Conditions
Please make sure you have obtained permission from the venue to use a photo booth!
13. Service Period
The booth requires pauses either to load consumable such as paper or ink cartridges and so that the operator can tidy the area to keep it safe for operation. We estimate that the booth will be in operation for 80% of the time it has been booked. This lost time is an operational standard and will not be added onto the time. In such any case where there is a loss of operational time due to a failure on our behalf, we will (where possible) add this to the end of the normal operational time.
14. Loss and Damage
Sadly, we have found that over the years of operating a photo booth that people simply don’t provide the required level of respect to the props and equipment we provide. We invest heavily in keeping our stock in good repair and renewing damaged items.
If we feel however that unreasonable loss, damage or theft has occurred we will invoice the client for replacement. We also insist that props are kept for use at the photo booth only and anyone leaving the area with props will be asked to return them. We don’t want to appear killjoys but manning a photo booth can be quite intense and we need to keep our attention on providing a good level of service.
We reserve the right to bar access to unruly guests and people who we feel might cause damage to our equipment.
15. Ownership of Images
In law, the ownership of a photographic image belongs to the person who took the shot and not the owner of the equipment it was captured on. The machine is triggered by the user and as such, it would be impossible to prove who the instigator was - therefore no ownership of the images can exist and we impose no copyright.
16. Additional Requirements
The photo booth is treated as a separate entity to any other services being delivered and therefore will add some additional requirements:
1. We require an addition 13amp power outlet within 5m of the booth.
2. The booth will require a suitable and safe location to be erected, this space is 3m x 3m with a roof no lower than 2.5m.
3. We require an additional 45 mins before and after the event to set up and take down the booth.
17. Uploads and Facebook
Your images will be uploaded to Facebook during or after your event for your guests to like, tag and share. Our separate photography policy means we will remove any images of persons or persons of which they are a legal guardian or on request. If you would prefer us not to upload the photos please make us aware beforehand.
If you have chosen to receive your prints online you will be sent an email like to a service such as Dropbox or google drive where they are safely stored and allow you 14 days to download them. In many cases, we keep a library of original shots for 2 years if there is a print you would like from us.
18. Technical Failure
Due to the nature of the booths hardware, parts can fail that would take too long to troubleshoot on site. If we are unable to get the booth working at your event or should it fail at any point during the booking we will offer a full or partial refund of the hire price depending on the level of service which has been provided. We will always do our best to try to get you some kind of service and our staff will discuss available options with you.