Terms and Conditions

1.1 These Terms and Conditions apply to and form part of the Contract between Santa Hire and the Client. They supersede any previously issued terms and conditions of purchase.

1.2 No terms or conditions endorsed on, delivered with, or contained in the Client’s purchase conditions or other document shall form part of the Contract except to the extent that Santa Hire agrees in writing.

1.3 No variation of these Terms and Conditions or to a Booking or to the Contract shall be binding unless expressly agreed in writing and executed by a duly authorised signatory on behalf of Santa Hire.

1. 4 Santa Hire may accept or reject a Booking at its discretion. Confirmation and acceptance or rejection of the Booking will be sent to the Client by email.

1.5 A Booking shall not be accepted, and no binding obligation to supply any Event pursuant to a Booking shall arise, until Santa Hire’s written acceptance of the Booking has been communicated to the Client in accordance with 1.4.

1.6 Marketing and other promotional material relating to any Bookings are illustrative only and do not form part of the Contract unless expressly incorporated.

2 Price

2.1 The price for the Booking shall be as set out in the Booking or, in default of such provision, shall be calculated in accordance with Santa Hire ‘s scale of charges as advised by Santa Hire to the Client before the date the Booking is made (Price).

2.2 The Prices are exclusive of VAT (or equivalent sales tax).

2.3 Santa Hire may increase the Prices at any time by giving the Client notice in writing.

2.4 The Price shall include all and any costs and expenses including set up costs, travel (including travel), and those costs specified or estimated in a Booking.

3 Santa Hire’s Responsibilities

3.1 Santa Hire agrees to use its reasonable endeavours to deliver the Event in conformity with the Booking and these terms and conditions.

3.2 Santa Hire will also comply with any additional customer requirements which is set out in the Schedule, if any.


4 Artist Availability

4.1 Santa Hire will use reasonable endeavours to ensure the availability of any Artist identified on the Booking.

4.2 Santa Hire will not be liable to the Client for any delay to or the failure in whole or part of an Event due to the non-availability of the Artist where the non-availability is beyond the reasonable control of Santa Hire.

5 Payment

5.1 For Bookings made within 5 Business Days of the Event, full payment must be made at the time of the Booking.

5.2 Apart from Bookings made under the terms of clause 5.1, Santa Hire shall require the Client upon acceptance by Santa Hire of the Booking for full payment in Cash or BACS

5.3 The Client shall pay all Cash & BACS in full without deduction or set-off, in cleared funds within 1 days of the date of each booking.

5.4 Santa Hire may cancel without notice any Bookings not paid for in full before the start of the Event to which it relates.

5.5 The Deposit is non-refundable. Santa Hire may in its sole discretion refund some or all of the Deposit if the Client seeks to cancel the Booking after it has been accepted by Santa Hire.

5.6 The Client accepts that in putting on Events for Clients Santa Hire will have to expend money on materials and services, in paying deposits to artists and in creating branded or bespoke items (each of them being a “Non-refundable Item”) and that expenditure on such items cannot be refunded in any circumstances including in the event of cancellation by the Client or by Santa Hire or in the event of Force Majeure.

5.7 Where sums due under these Terms and Conditions are not paid in full by the due date Santa Hire may, without limiting its other rights, charge interest on such sums (including any period after the date of any judgment or decree against the Client), and late payment fees will fall due and be payable calculated upon the basis set out in the Late Payment of Commercial Debts (Interest) Act 1998 (as amended).

6 Bookings

6.1The Booking shall specify where the Event will take place.

6.2 The Client shall (and shall procure that each Attendee shall) comply with any rules, policies and procedures of the venue of the Event at all times, including all health and safety policies and procedures and all reasonable instructions of the venue staff and Santa Hire’s representatives at the Event. Santa Hire reserves the right in its absolute discretion to exclude or remove any Attendee from the Event whose presence is or is likely to cause a disturbance, or who is drunk or may in Santa Hire’s sole discretion be undesirable.
6.3 The client agrees to provide adequate supervision of guests and will ensure that venue management adequately supervises customers and or staff on site premises. Please note: Where the function may include guests under the age of 16 years, the client (or parent) is responsible for the behaviour and safety of any minors attending the venue.
The client will provide and maintain adequate adult supervision at all times. Santa Hire will not be liable for the supervision of minors.

7 Behaviour

7.1 Abuse or threatening behaviour from client’s guests or venue management or venue staff will not be tolerated and will result in the performance being terminated with no loss to Santa Hire

7.2 The client agrees that compensation for any loss or damage to Santa Hire equipment, vehicle(s) and/or personal belongings caused by client’s guests, venue customers and/or venue staff may be sought including any additional costs.

8 Cancellation

8.1 In the event that the Client wishes to cancel the whole or part of a Booking the terms of clause 8.2 shall apply.

8.2 In relation to any Booking cancelled or part cancelled under clause 8.1, the Client shall pay:

Where written notice of cancellation is received by Santa Hire 14 days or more before the date of the Event. An administration fee of 25% of the Price plus any payments made to Santa Hire to cover Non-refundable Items.
Where written notice of cancellation is received by Santa Hire less than 2 days before the date of the Event. 100% of the Price.
8.3 Where the Client has paid a deposit the amount due from the Client under clause 8.2 shall be taken from the Deposit and the Client shall be liable to pay the difference between the Deposit and the amount required under clause 8.2. Santa Hire shall have sole discretion in identifying and quantifying Non-refundable Items.

9 Force Majeure

9.1 In the event that the Event is prevented or altered due to Force Majeure Santa Hire shall be entitled but not obliged (in its sole discretion) to either:

9.1.1 reschedule the Event; and

the Client shall not be entitled to object to such rearranged or rescheduled Event or have any right to claim any compensation.

9.2 In the event that the Event is prevented or altered due to Force Majeure and Santa Hire at its sole discretion does not offer the alternatives in clause 9.1, the Client shall be obliged to pay an amount as an administration charge equivalent to 25% per cent of the Price plus the actual cost incurred by Santa Hire on any Non-refundable Item.

9.3 Santa Hire shall not be liable for any delay in or failure of performance caused by Force Majeure. Santa Hire shall have the sole discretion in identifying and quantifying Non-refundable Items.

9.4 The Coronavirus (COVID-19) pandemic, client contracts, cancellation and refunds Only

Clients will be offered a refund less 25% of the total costs where:

1. Santa Hire has cancelled a contract without providing any of the promised goods or services;

2. No service is provided by Santa Hire, for example because this is prevented by Government public health measures;

3. The client cancels, or is prevented from receiving any services, because Government public health measures mean they are not allowed to use the services.

Limited exceptions to refunds

Sometimes, a client will already have received some of the services or is contracted for a bespoke build/service they would had paid for in advance. In those cases a refund would not apply.

Credits and re-booking

Clients can normally be offered credits, vouchers, re-booking or re-scheduling as an alternative to a refund.

10 Intellectual Property Rights and Image Rights

10.1 All IPR in the Creative Brief and in the Event belongs to and shall remain vested in Santa Hire or the relevant third party owner. Where third party IPR is part of the Creative Brief and the Event, Santa Hire will ensure that it has the right to use and licence such third party content for the benefit of the Client at the Event.

10.2 Save with the express written consent of Santa Hire the Client may not copy, transfer or otherwise make use of the IPR in the Creative Brief or in the Event and the Client may not make the IPR in the Creative Brief or in the Event available to any third party or make any commercial use of the IPR in the Creative Brief or in the Event beyond the Event itself.

10.3 The Client shall own all Client Created IPR.

10.4 The Client and each Attendee consents to such capture of audio-visual material containing the Client or any Attendee and agrees to release use of image rights to Santa Hire to publicise the Event of as publicity material for the use of Santa Hire after the Event.

11 Liability

11.1 The extent of the parties’ liability under or in connection with the Contract (regardless of whether such liability arises in tort, contract or in any other way and whether or not caused by negligence or misrepresentation) shall be as set out in this clause 12.

11.2 Subject to clause 12.6, Santa Hire’s total liability shall not exceed 100% of the total amount paid pursuant to the Booking.

11.3 Subject to clause 12.6, Santa Hire shall not be liable for consequential, indirect or special losses.

11.4 Subject to 11.6 Santa Hire shall not be liable for distress or upset or disappointment or hurt to feelings.

11.5 Subject to clause 11.6, Santa Hire shall not be liable for any of the following: loss of profit, loss or corruption of data, loss of use, loss of production, loss of contract, loss of opportunity, loss of savings, discount or rebate (whether actual or anticipated) and harm to reputation or goodwill.

11.6 Notwithstanding any other provision of the Contract, the liability of the parties shall not be limited in any way in respect of the following:

11.6.1 death or personal injury caused by negligence;

11.6.2 fraud or fraudulent misrepresentation;

11.6.3 any other losses which cannot be excluded or limited by applicable law;

11.6.4 any losses caused by wilful misconduct.

12 Personal Data

12.1 Each party shall comply with its respective obligations and may exercise its respective rights in accordance with Data Protection Laws.

13 Termination

13.1 Santa Hire may terminate the Contract or any other contract which it has with the Client at any time by giving notice in writing to the Client if the Client has failed to pay any amount due under the Contract on the due date.

13.2 Termination or expiry of the Contract shall not affect any accrued rights and liabilities of Santa Hire at any time up to the date of termination.

14 Notices

14.1 Any notice or other communication given by a party under these Terms and Conditions shall be in writing and in English, signed by, or on behalf of, the party giving it and be sent to the relevant party at the address set out in the Contract.

14.2 Notices may be given, and are deemed received:

14.2.1 by hand: on receipt of a signature at the time of delivery; or

14.2.2 by Royal Mail Recorded Signed For post: at 9.00 am on the second Business.

14.3 This clause does not apply to notices given in legal proceedings or arbitration.

15 Entire agreement

15.1 The parties agree that the Contract and any documents entered into pursuant to it constitutes the entire agreement between them and supersedes all previous agreements, understandings and arrangements between them, whether in writing or oral in respect of its subject matter.

15.2 Each party acknowledges that it has not entered into the Contract in reliance on and shall have no remedies in respect of, any representation or warranty that is not expressly set out in the Contract or any documents entered into pursuant to it. No party shall have any claim for innocent or negligent misrepresentation on the basis of any statement in the Contract.

15.3 Nothing in these Terms and Conditions purport to limit or exclude any liability for fraud.

16 Jurisdiction

The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of, or in connection with, the Contract, its subject matter or formation (including non-contractual disputes or claims).

17 Definitions

17.1 In these Terms and Conditions the following definitions apply:

Artist means a performance artist or celebrity or speaker or any individual or group of individuals important or crucial to an Event;

Attendee means an invitee or individual connected to the Client attending an Event;

Booking means the order for the Event placed by the Client which may include some or all of the following: the Creative Brief, budget plan, event details, contractor requirements and Event price quotation;

Business Day means a day other than a Saturday, Sunday or bank or public holiday in England;

Contract means the agreement between Santa Hire and the Client for the supply and purchase of the Event incorporating these Conditions and the Booking;

Client or You means the person who makes the Booking from Santa Hire and whose details are set out in the Booking;

Client Created IPR means any IPR created by the Client solely for the Event or previously owned by the Client;

Creative Brief the conception or plan or synopsis for the Event created by Santa Hire;

Data Protection Laws means General Data Protection Regulation (GDPR) and Data Protection Act 2018;

Deposit means an advance payment made by the Client to Santa Hire being either a specified amount or a specified percentage of the Price;

Event means any event, exhibit or conference organised or managed by Santa Hire under these Terms as specified in the Booking;

Force Majeure means an event or sequence of events beyond a party’s reasonable control (after exercise of reasonable care to put in place robust back-up and disaster recovery arrangements) preventing or delaying it from performing its obligations under the Contract including an act of God, fire, flood, lightning, earthquake or other natural disaster, war, riot or civil unrest, interruption or failure of supplies of power, fuel, water, transport, equipment or telecommunications service, or material required for performance of the Contract, strike, lockout or boycott or other industrial action including strikes or other industrial disputes involving Santa Hire’s or its suppliers’ workforce, but excluding the Client’s inability to pay or circumstances resulting in the Client’s inability to pay;

Intellectual Property Rights (IPR) means copyright, including moral rights and performers rights, rights in inventions, rights in confidential information knowhow and trade secrets, service marks, trade marks and design rights, database rights, domain names, business names, patents and computer software;

Santa Hire, We or Us means Clifford Clarkson Event Artist;

Non-refundable Item means materials and services paid for by Santa Hire prior to an Event the creation or purchase of branded or bespoke items for Clients and the payment of deposits of any sort which are not refundable to Santa Hire;
Price has the meaning set out in clause 2.1;

Schedule means the Schedule to this agreement containing agreed Client compliance.