TERMS AND CONDITIONS OF HIRE

  BRIEF OUTLINE

  • Gemila Costumes own the costumes, you hire them.

  • When you hire our costumes, you need to look after them, Please do not wash them, many need specialist care.

  • In the unlikely event that anything is missing or damaged when your order arrives, you need to photograph let us know right away, within 24 hrs of its arrival.

  • If you do damage or lose a costume, we will charge you for the replacement.

  • Gemila Costume hire for performance, modelling / photographic shoots only, and is not intended for use at private parties where damage may occur.

  • Please ensure dancers wearing the costumes do not eat or drink in costumes.

  • Do not apply fake tan immediately before the wear of Gemila Costumes. The damage to costumes from fake tan will incur a damage or a full replacement charge.

 

 

1. Hire Terms

  • 1.1 This sets out the Terms and Conditions by which Gemila Costumes agrees to hire the Costumes to the Hirer forming a contract between Gemila costumes and the Hirer who agrees to accept such terms. “Costumes” are defined as clothes or accessories.

  • 1.2 Gemilia Costumes costume Hire Terms ("Hire Terms") form the entire agreement between the Hirer and Gemlia to the exclusion of any terms and conditions on any purchase order or other documentation whether provided by the Hirer or otherwise and supersede all previous agreements between the parties in relation to the hire of the Costumes.

  • 1.3 The Hirer must be at least eighteen (18) years of age.

  • 1.4 Gemila Costumes does not fire test its costumes or treat them with flame retardant. They are therefore not intended for use by children in play or private hire. In the event that the Hirer should hire them with the intent to use them in this manner then the Hirer shall do so at its own risk and Gemila Costumes shall not be liable for any damage whatsoever resulting from such use.

  • 1.5 Safety Notice: small parts or magnets may be used within the construction of our costumes

  • 1.6 Costumes may vary from their pictures. The images of the Costumes are for illustrative purposes only and Gemila Costumes cannot guarantee that a device’s display of the colours accurately reflects the colour of the Costumes. Please read the description carefully.

  • 1.7 No accessories are included with Costumes unless specifically stated.

 

2. Fees and Payment

  • 2.1 The Hirer shall pay to Gemila Costumes the total hire fee as set out in the Hire Terms. This Total Hire Fee may be inclusive of other additional charges as outlined in the Hire Terms for the hire of the Costumes during the Hire Period. Gemila Costumes will calculate all fees and charges due from the Hirer in accordance with this Agreement and Gemila Costumes decision shall be final.

  • 2.2 Gemila Costumes will not refund any part of the total hire fee when the costumes are returned before the date specified.

  • 2.3 The Total Hire Fee and any applicable advance deposit must be paid in full and received by Gemila Costumes prior to the release of the costumes.

  • 2.4 If the Hirer cancels costumes later than 14 days of submitting request, Gemila Costumes shall at their discretion offer the Hirer a credit of the value of the cancelled costumes against future costumes.

 

 

3. Penalties and Late Payment

 

  • 3.1 The Hirer shall be liable for any loss of or damage to the costumes during the hire period (“Hire Period”) stated in the hire terms.

  • 3.2 If the hirer fails to return the costumes in what Gemila Costumes deems to be satisfactory condition and on the specified return date stated in this Agreement, the hirer will be in breach of its obligations. In the event of such a breach, the Hirer will be liable for the extended hire charge, per unreturned item of costume for up to and including 7 days (‘Penalty Period.)

  • 3.3 If after the Penalty Period the Hirer fails to return Costume in a satisfactory condition, Gemila Costumes will charge the Hirer 100% replacement cost including all postal and delivery of the said costume (‘Replacement Charge’).

  • 3.4 If Costume Source has reason to suspect the hirer has no intention to return the costumes before the end of the’ Penalty Period’ Gemila Costumes reserves the right to charge the replacement charge at any point.

  • 3.5 If the Hirer returns the costumes dirty beyond acceptable use, modified, altered or uses the costumes for any purpose other than those outlined in this agreement without prior written consent of Gemila Costumes, the Hirer shall pay Gemila Costumes any charges that Gemila Costumes deems appropriate for, amongst others, the cleaning, repair, change of use and/or replacement of the costume.

  • 3.6 If the Hirer fails to return hangers or garment bags as supplied with the costumes, Gemila Costumes will charge the hirer for the replacement costs of said items.

  • 3.7 If the Hirer fails to return any costume accessories or fails to return them in what Gemila Costumes deems to be satisfactory condition, Gemila Costumes may charge the Hirer as if the entire costume was being replaced where applicable and the accessory is a component of the costume and not available as a separate.

  • 3.8 The Hirer authorises Gemila Costumes to deduct any sums properly due to Gemila Costumes from any credit card, debit card, or charge account details of which are in the possession of Gemila Costumes.

 

 

4. Costume Acceptance, Care and Return

 

  • 4.1 Costumes are hired on an ‘as is where is’ basis. Gemila Costumes will use all reasonable efforts, where possible, to ensure that the Costumes are supplied clean and in suitable condition for use. The Hirer shall check the costumes promptly upon receipt and notify Gemila Costumes of any discrepancy within twenty four (24) hours thereof. The Hirer will be deemed to have accepted the quality and condition in which the costumes were received in the event that the hirer fails to notify us within this period.

 

  • 4.2 The Hirer will take good care of the costumes at all times during the hire period and any extension thereof and in particular will comply with the following requirements:

 

A) If the costumes have been hired for use outdoors, the Hirer will not use them during wet weather or under any outside conditions that may result in damage to the costume. B)The Costumes may not under any circumstances be used as fancy dress or for parties and should the hirer use the costumes at any venue or location where food or drink is being consumed, the Hirer is required to act responsibly to avoid any damage to the Costume.

C) Stage blood may not be used on the Costumes

D) The costumes may not be distressed or broken down in any manner whatsoever.

E) Labels, tags or hanging loops must not be removed from Costumes

F)The hirer may not modify or alter the Costumes in any way without the prior written approval of Gemila Costumes and if approval is given, such modification or alterations must be carried out strictly in accordance with any instructions given by Gemila Costumes

G) The hirer will not under any circumstances attempt to wash or dry clean any costume units.

 H) The hirer shall notify Gemila Costumes promptly in the event of any damage to or loss of any Costumes

 I) Costumes must be returned in the original packing carton, dress bag, accessory bag, hanger or other packaging originally provided by Gemila Costumes

J) In order to avoid damaging the costumes and incurring additional charges, the costumes must be packed for return carefully with any footwear and/or heavy items at the bottom, clothing in the middle and hats/delicate items at the top.

K) The Hirer shall provide contact details to Gemila Costumes upon returning the costumes to enable easy identification.

 

  • 4.3 The Hirer is solely responsible for the costumes at all times when the costumes are not on Gemila Costumes premises and in its possession.

 

 

5. Costume Selection

 

  • 5.1 Where selection of costume is made by Gemila Costumes, Gemila Costumes will make all reasonable endeavours to provide a selection that meets the Hirers requirements and to communicate such choices for approval. In the event that time not allow for such communication between the hirer and Gemila Costumes, Gemila Costumes decision and selection shall be final.

 

6. Intellectual Property Rights

  • 6.1 Ownership of and title in the costumes shall remain at all times with Gemila Costumes. The Hirer shall have no right or interest in the costumes except for the right to use the costumes under the terms of this Agreement.

  • 6.2 The Hirer shall not sell, rent or otherwise dispose of any of the costumes or give any third parties the legal rights to the costumes or their design or transfer or try to transfer legal ownership.

  • 6.3 The Hirer shall not in any way, without prior written permission, make use of any trade marks owned by Gemila Costumes.

 

7. Force Majeure

 

  • 7.1 Gemila Costumes shall not be liable for any loss howsoever arising from non-delivery or delay in delivery caused by events outside Gemila Costumes control including but not limited to, flood, fire, snow, storm, war, terrorism, strikes, lock-outs or other industrial action, riots or any act, regulation, legislation or ruling of any Government, regulatory or national authority or of any competent court or any default on the part of the carriers of the Costumes.

 

8. Liability and Indemnity

 

  • 8.1 The Hirer shall indemnify Gemila Costumes on demand against any losses, claims, damages, liabilities and/or expenses of whatever nature suffered by Gemila Costumes as a result of the late return of the costumes.

  • 8.2 Nothing in this agreement shall exclude or limit in any way any liability in respect of death or personal injury resulting from the either party’s negligence or any other liability which may not legally be excluded.

  • 8.3 Gemila Costumes maximum aggregate liability to the Hirer for any claims under this agreement whether arising in contract, tort (including negligence) or otherwise shall be limited to the Total Hire Fee. Gemila Costumes shall not be liable to the Hirer for any indirect or consequential loss or damage, loss of profit or loss of business howsoever caused.

9. Termination

  • 9.1 Gemila Costumes may terminate this Agreement immediately at any point.

  • 9.2 Termination of this Agreement is without prejudice to any rights or remedies of the parties which have accrued prior to the date of termination, including without limitation in the case of Gemila Costumes the right to recover from the Hirer any or all of the following

A) Any arrears of the hire fee and other charges accrued due and unpaid under this agreement

B) Any costs and expenses incurred by Gemila Costumes in locating, repossessing, recovering or restoring the costumes or collecting any payments due under this Agreement

C) the costs of repairing or replacing any lost or damaged costumes.

  • 9.3 If this Agreement is terminated by Gemila Costumes, Gemila Costumes shall be entitled to retake possession of the costumes and for that purpose the Hirer gives to Gemila Costumes licence to enter into any premises where the costumes may be stored or held.

 

10. Confidentiality

  • 10.1 The Hirer acknowledges that information of a confidential nature relating to Gemila Costumes business may be disclosed to the hirer or come to the Hirer's attention during the course of this Agreement. The Hirer will not disclose any such information to any person except the hirer's professional advisors without Gemila Costumes prior written approval unless it is or becomes public knowledge through no fault of the hirer. This applies both during and for a period of ten (10) years after the term of this Agreement.

 

11. General

  • 11.1 Any notices under this Agreement shall be in writing.

  • 11.2 This Agreement may be assigned or sub-contracted by Gemila Costumes in whole or in part to any third party. This Agreement is personal to the hirer and the hirer may not assign, charge, sub-contract or transfer it without Gemila Costumes prior written consent.

  • 11.3 This Agreement is not intended to confer any rights of enforcement on any third party and the Contracts (Rights of Third Parties) Act 1999 shall not apply to any part of this Agreement.

  • 11.4 This Agreement will not be deemed to create any partnership, agency or joint venture between Gemila Costumes and the Hirer.

  • 11.5 This Agreement may be varied only in writing signed by an authorised representative of each party.

  • 11.6 If at any time any of the provisions of this Agreement become invalid under any law or regulation, this will not affect the validity of the remaining provisions of this Agreement in any way.

  • 11.7 No failure or delay on the part of either party in exercising any right under this Agreement shall constitute a waiver of that right.

  • 11.8 This Agreement is governed by English law and the parties hereby submit to the exclusive jurisdiction of the English courts in relation to any dispute arising out of or in connection with it.