Terms and Conditions

These Terms of Service (the “Terms”) constitute a legal agreement between you and Hollywood Hyperentals (hereinafter “Hollywood Hyperentals”, “we”, “our”) and you the user (“you”) governing the use of the services whether booked through Hollywood Hyperentals website www.hollywoodhyperentals.com or another method (hereinafter the “Services”).

General Terms

We reserve the right to amend these terms and conditions at any time and you should therefore check them each time you hire items from us. The terms and conditions applying to your hire will be those in place on the date that you make your reservation. We reserve the right to refuse service to anyone for any reason at any time. Prices for our Services are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service.

Ownership & Responsibility

All hire items are the property of us and remain so at all times throughout your hire. By accepting these terms and conditions, you agree that you are solely responsible for the hire items at all times throughout your hire, from acceptance or pick up of the items until you return the items or they are accepted back by us.

Payment Terms

A non-refundable deposit of [Insert]% is due upon booking. Your items are not reserved for you until the deposit has been accepted by us. You will receive a receipt as confirmation of your deposit payment upon acceptance. The remaining balance is due [Insert]days before the date of hire, unless alternate payment options have been agreed in writing upon booking. You shall be responsible for any applicable taxes (including any goods and services tax) under these Terms. By paying the deposit you are agreeing to our Terms & Conditions of hire. Once the deposit has been paid items can be added to your order but not removed. Payment of your deposit is deemed an instruction of your booking.

Standard Hire Period

Unless specifically arranged at the time of booking, all standard hires are based on a total of 7 days. Please note that our standard delivery and collection hours are between [Insert] and [Insert] Monday to Friday. Weekend events include an extra day’s hire, as delivery will take place on Friday and collection will take place on Monday. No further costs will be incurred in this instance.

Extended Hire

Extended hire and unless otherwise agreed in writing prior to the hiring, will be charged at 10% of the hire value for each additional day past the above 7 days and can be arranged upon booking.

Production Hire

We, at our sole discretion, offer production hire discounts as follows: a) First week Full price; b) Second week [Insert]% discount; c) Third week [Insert]% discount; d) Fourth week [Insert]% discount.

Failure to Pay for use of the item, for non-prop use, or Return Items

If any items are not returned in the agreed time and we have not made an arrangement with you, you will be charged 50% of the 7 days hire value for each additional day the items are away from us. If items are not returned in the agreed time and this impacts another booking, you will be liable for the full value of such booking. If items fail to be returned after an extended period of time (deemed so at our discretion) or is or was used for non-prop use, you will be liable for the full replacement value and we will exercise our right to pursue you legally for this cost. If an agreement has been made to accept late payment, but a final payment deadline has passed, or if failure to pay a damage invoice has taken place, we will pass the debt on to a third party debt collection agency who add their own fees. We will then no longer hold responsibility for the collection of the debt or the fees that may be applied and you will need to liaise with the agency and pay them directly to settle the debt.

Hire Item Condition

On signing the delivery/pick up statement, you are agreeing that the items are in good condition and are as advertised. No complaint on the condition or quality of the items will be valid at a later stage if concerns have not been raised, or if inspection has not occurred before signing this statement. You may not request a reduction/refund on payment based on quality or condition of our items if this statement has been signed. Breakages, missing parts & damages to items will be charged according to the full replacement value. If an item you have booked is damaged or lost prior to your hire taking place you will be informed and every effort will be made to replace the item like for like. If this is not possible or if this is unsatisfactory, you will be entitled to a refund for that item only. No further compensation will be due. Unless agreed by us in advance, all props are for indoor use only; any items used outside are done so entirely at the hirer’s risk.

Return

On return or collection of the items, we will not accept any goods other than those hired by you and specified on the order. We will notify you of any goods collected in error, which do not belong to us. Should they not be collected or a return arranged within 14 days, we reserve the right to dispose of them. Should you wish to have these items returned to you then it will be at your expense. It is your responsibility to organise and collate the items for collection or return. Any person signing a delivery/collection note on behalf of the hirer is deemed to be authorised to do so. Please make us aware if you will not be there to sign for your hire.

Cancellation Fees

Please note that the deposit is non-refundable in all scenarios: More than [Insert] days before day one of your hire: 80% of full hire value refunded. Between [Insert] and [Insert] days before day one of your hire: 50% of full hire value refunded. Less than [Insert] days before day one of your hire: No refund available.

Extreme Circumstances / Force Majeure / Cancellation by Us

We reserve the right to cancel in extreme circumstances that make your hire unviable for us, up to and including the day of your hire. We are the ruling party on deciding if the hire is unviable and we will not be liable for any compensation or additional costs you may incur as a result of our cancellation, however a full refund will be issued.

Hire Refusal

We have the right to refuse a booking to you if we feel the items are not suited to the purpose of your hire, or if you, your company or your event contradicts our company ethos.

Colours of Items

All efforts have been made to represent our items accurately in our photographs, however, sometimes there may be slight discrepancies with colour due to different monitors showing different saturation and photographs being taken in different lighting and we cannot be held accountable for this. Every care is taken to provide the items as you expect them.

Disclosure

Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by us shall be subject to correction without any liability on the part of us.

No Warranties

You agree that your use of the Hire Items and Services is at your sole and exclusive risk and that any Services provided by us are on an “As Is” basis. We hereby expressly disclaim any express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. We make no warranties that the Hire Items or Services will meet your needs or that Services will be uninterrupted, error-free, or secure. We also make no warranties as to the reliability or accuracy of any information on the Hire Items or obtained through the Services. You agree that any damage that may occur to you, through your computer system, or because of the loss of your data from your use of the Hire Items or Services is your sole responsibility and that we are not liable for any such damage or loss.

Indemnification

You agree to defend and indemnify us and any of our affiliates (if applicable) and hold us harmless against any legal claims and demands, including reasonable attorney’s fees, which may arise from or relate to your use or misuse of the Hire Items or Services, your breach of this Agreement, or your conduct or actions. You agree that we shall be able to select its legal counsel and may participate in its defense if we wish.

Exclusion of liability

You understand and agree that we (A) do not guarantee the accuracy, completeness, validity, or timeliness of information listed by us or any third parties; and (B) shall not be responsible for any materials posted by us or any third party. You shall use your judgment, caution, and common sense in evaluating any prospective methods or offers and any information provided by us or any third party. Further, we shall not be liable for direct, indirect consequential, or any other form of loss or damage that may be suffered by a user using the Hire Items including loss or any kind of financial or physical loss or damage. We are not liable for any damages that may occur to you because of your use of the Hire Items or Services, to the fullest extent permitted by law. This section applies to any claims by you, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.

General Provisions

This Agreement constitutes the entire understanding between the Parties concerning any use of this Hire Items. This Agreement, or the rights granted hereunder, may not be assigned, sold, leased, or otherwise transferred in whole or part by you. Should this Agreement, or the rights granted hereunder, be assigned, sold, leased, or otherwise transferred by us, the rights, and liabilities of Hollywood Hyperentals will bind and inure to any assignees, administrators, successors, and executors. If any part or sub-part of this Agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such a condition, the remainder of this Agreement shall continue in full force. If we fail to enforce any provision of this Agreement, this shall not constitute a waiver of any future enforcement of that provision or any other provision. Waiver of any part or sub-part of this Agreement will not constitute a waiver of any other part or sub-part. Headings of parts and sub-parts under this Agreement are for convenience and organization, only. Headings shall not affect the meaning of any provisions of this Agreement. We are not liable for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature, and natural disasters, and other acts which may be due to unforeseen circumstances. The terms herein will be governed by and construed by the laws of California without giving effect to any principles of conflicts of law. The Courts of Hollywood, California shall have exclusive jurisdiction over any dispute arising.