Terms & Conditions

EQUIPMENT HIRE AGREEMENT

THIS EQUIPMENT HIRE AGREEMENT (this “Agreement”) dated at the time on the Checkout Page – https://holistichottubhire.co.uk/checkout/

BETWEEN:

Holistic Hot Tub Hire of 2 Douglas Road, Tapton, Chesterfield. S41 0UD

(the  “Owner”)

OF THE FIRST PART

– AND –

The Hirer as detailed in the checkout process https://holistichottubhire.co.uk/checkout/

(the  “Hirer”)

OF THE SECOND PART

(the Owner and the Hirer are collectively the  “Parties”)

IN CONSIDERATION OF the mutual covenants and promises in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, the Owner leases the Equipment to the Hirer, and the Hirer leases the Equipment from the Owner on the following terms:

 

Definitions

  1. The following definitions are used but not otherwise defined in this Agreement:

a. “Casualty Value” means the market value of the Equipment at the end of the Term or when in relation to a Total Loss, the market value the Equipment would have had at the end of the Term but for the Total Loss. The Casualty Value may be less than but will not be more than the original purchase price of the Equipment.

b. “Equipment” means Hot Tub, Gazebo, Lighting, Soft Flooring, Atomiser, Candles, Floating Speaker, Cables, and Safety Equipment. Which has an approximate value of £1200.

c. “Total Loss” means any loss or damage that is not repairable or that would cost more to repair than the market value of the Equipment.

Lease

2. The Owner agrees to lease the Equipment to the Hirer, and the Hirer agrees to lease the Equipment from the Owner in accordance with the terms set out in this Agreement.

 

Term

3. The Agreement commences on the dates stated on the Checkout Page and will continue until the dates stated on the Checkout Page https://holistichottubhire.co.uk/checkout/ (the  “Term”)

At the end of the agreed hire period, equipment will be made available for collection. Where equipment is not made ready for collection £50 per day plus collection costs will be added.

Rent

4. The rent will be paid at the Checkout stage (the  “Rent).

5  A pre-paid refundable deposit of £75 to cover damage and loss is required transacted on the Checkout Page https://holistichottubhire.co.uk/checkout/. The deposit is returned following a satisfactory inspection of the hot tub the collection at the agreed time and date.

5a. The Hirer is responsible for taking delivery of the Equipment. If the Hirer is nor available to take delivery of the hire as per the terms of this Agreement, alternative arrangements will be made subject to additional delivery costs.

 

Use of Equipment

6. The Hirer will use the Equipment in a good and careful manner and will comply with all the manufacturer’s requirements and recommendations respecting the Equipment and with any applicable law, whether local bylaws or statute law respecting the use of the Equipment, including, but not limited to environmental and copyright law.

7. The Hirer will use the Equipment for the purpose for which it was designed and not for any other purpose.

8. Unless the Hirer obtains prior written consent of the Owner, the Hirer will not alter, modify or attach anything to the Equipment unless the alteration, modification or attachment is easily removable without damaging functional capabilities or economic value of the Equipment.

 

Repair and Maintenance of Equipment

9.   The Hirer will, at the Hirer’s own expense, keep the equipment in good repair, appearance and condition, normal and reasonable wear and tear excepted. The Hirer will supply all parts that are necessary to keep the equipment in such a state.

10. If the equipment is not in good repair, appearance and condition when it is returned to the Owner, the security deposit paid by the Hirer will be forfeited. The Owner may make such repairs or may cause such repairs to be made necessary to put the Equipment in a good state of repair, appearance and condition, normal wear and tear excepted. The Owner will make the repairs in a reasonable time of taking possession of the Equipment and will give the Hirer written notice of and invoices to the said repairs. Then the Hirer will reimburse the Owner for the actual expense of said repairs.

11. The Hirer may, but is not obliged to, enforce and warranty that the Owner has against the supplier or manufacturer of the Equipment. The Hirer will enforce such warranty or indemnity in its own name and at its own expense.

 

Warranties 

12. The Equipment will be in good working order and in good condition upon delivery.

13. The Equipment is of merchantable quality and is fit for the following purpose:

Personal use.

 

Loss and Damage

14. To the extent permitted by law, the Hirer will be responsible for risk of loss, theft, damage or destruction of the Equipment from any and every cause.

15. If the equipment is lost or damaged, the Hirer will continue paying Rent, will provide the Owner with prompt written notice of such loss or damage and will, if the equipment is repairable, put or cause the Equipment to be put in a state of good repair, appearance and condition to that as originally supplied.

16. In the event of Total Loss of the Equipment, the Hirer shall provide the Owner with prompt written notice of such loss and will pay to the Owner all unpaid Rent for the Term plus the Casualty Value of the Equipment, at which point ownership of the Equipment passes to the Hirer.

 

Ownership, Right to Lease and Quiet Enjoyment

17. The Equipment is the property of the Owner and will remain the property of the Owner.

18. The Hirer will not encumber the equipment or allow the Equipment to be encumbered or pledge the Equipment as security in any manner.

19. The Owner warrants that the Owner has the right to lease the Equipment according to the terms in this Agreement.

20.  The Owner warrants that as long as no Event of Default has occurred, the Owner will not disturb the Hirer’s quiet and peaceful possession of the Equipment or the Hirer’s unrestricted use of the Equipment for the purposed for which the Equipment was designed.

 

Insurance

21. The Owner has in force Public Liability Insurance with Details thereof………….. 

 

Default

22. The occurrence of any one or more of the following events will constitute an event of default (“Event of Default”) under this Agreement:

a. The Hirer fails to pay any amount provided for this Agreement when such amount is due or otherwise breaches the Hirer’s obligations under this Agreement.

b. The Hirer becomes insolvent or makes an assignment of rights or property for the benefit of creditors or files for or has bankruptcy proceedings instituted against it under the bankruptcy law of the United Kingdom or other competent jurisdiction.

c. A writ of attachment or execution is levied on the Equipment and is not released or satisfied within 10 days.

 

Remedies

23. On the occurrence of an Event of Default, the Owner will be entitled to pursue any one or more of the following remedies (the  “Remedies”):

a. Declare the entire amount of the Rent for the Term immediately due and payable without notice or demand to the Hirer.

b. Apply the Deposit toward any amount owing to the Owner.

c. Commence legal proceedings to recover the Rent and other obligations accrued before and after the Event of Default.

d. Take possession of the Equipment, without demand or notice, wherever same may be located, without any court order or other process of law. The Hirer waives any and all damage occasioned by such taking of possession.

e. Terminate this Agreement immediately upon written notice to the Hirer.

f. Pursue any other remedy available in law or equity.

24. The Hirer is entitled to the protection and remedies available to them under the Consumer Credit Act 1974.

 

Assignment

25. THE HIRER WILL NOT ASSIGN THIS AGREEMENT, THE HIRER’S INTEREST IN THIS AGREEMENT OR THE HIRER’S INTEREST IN THE EQUIPMENT WITHOUT THE PRIOR WRITTEN CONSENT OF THE OWNER.

26. If the Hirer assigns this Agreement, the Hirer’s interest in this Agreement or the Hirer’s interest in the Equipment without the prior written consent of the Owner, the Owner will have recourse to the Remedies and will be entitled to all damages caused by the assignment.

 

Renewal

27. The Hirer may renew this Agreement for an additional Term if the Hirer has given the Owner 2 days written notice of the Hirer’s intention to renew if the Hirer is nor in default of any of the terms under this Agreement and if Equipment is available for the renewed Term. Other than as agreed upon in writing between the Parties, the renewal will be on the same terms as this Agreement, except for this renewal clause.

 

Cancellation

The Hirer has the right cancel a hot tub hire booking up to seven days prior to delivery with a full refund of the security deposit. If cancellation is made with less than seven days notice, the security deposit will be forfeited. If the booking is made within a week of delivery and cancellation is made, the security deposit will be forfeited.

 

Address for Notice

28. Service of all notices under this Agreement will be delivered personally or sent by registered mail or courier to the following address:

Owner: Holistic Hot Tub Hire. 2 Douglas Road, Tapton, Derbyshire. S41 0UD

Hirer: The Hirer – Details as entered in the Checkout Page https://holistichottubhire.co.uk/checkout/

 

Governing Law

29. This agreement will be construed in accordance with and governed by the laws of England and the parties submit to the exclusive jurisdiction of the English Courts.

 

General Terms

30. This Agreement may be executed in counterparts. Facsimile and digital signatures are binding and are considered to be original signatures. A Digital signature for the purposes of this Agreement is defined as the Terms and Conditions checkbox in the checkout page.

31. Time is of the essence in this Agreement.

32. This Agreement will extend to and be binding upon and insure to the benefit of the respective heirs, executors, administrators, successors and assigns, as the case may be, of each Party to this Agreement.

33. Neither Party will be liable in damages or have the right to terminate this Agreement for any delay or default in performance if such delay or default is caused by conditions beyond its control including, but not limited to Acts of God, Government restrictions, wars, insurrections, natural disasters, such as earthquakes, hurricanes or floods and/or any other cause beyond the reasonable control of the Party whose performance is affected.

 

Equipment Use and Safety Instructions

34. Ensure that everyone using the Equipment is properly instructed on how to use it safely and correctly. That all the instructions the Owner has supplied have been read. On arrival, the Hirer will be shown how to care for the tub and how to use it.

The Hirer shall be present during set-up. If this is not possible, the Hirer shall instruct a representative to relay the instruction and use information.

General

  • Let the chemicals take effect before using the hot tub
  • Keep water to the recommended temperature and do not exceed
  • Test the ph balance of the water every day before use and adjust as instructed by the installer
  • Keep electrical items away from the hot tub
  • Remove body lotions, deodorants, perfumes, and make-up

Immersion

  • Users must avoid putting their whole head under water
  • Users must avoid putting their ears under water
  • Users must avoid putting their face underwater

Splashes on the head area are inevitable and will not typically cause any harm.

Children

  • Under 4 year old – must not use the hot tub
  • Under 8 year old – must not use a hot tub over body temperature (37C)
  • Under 12 years old – must not use the hot tub for more than 15 minutes per day
  • Children must always be supervised, both in and around the hot tub
  • Children can be more susceptible to skin irritations, please be vigilant and responsible
  • Babies nappies should not be changed beside the hot tub

Relish some quality family time away from your devices and other distractions.

Animal

  • Animals must be kept away from the hot tub

Health

  • Users should not be immersed for more than 20 minutes
  • The maximum number of 4 Users must not be exceeded
  • Do not partake of any activity, in the hot tub, which will cause a chemicals imbalance
  • Do not use the hot tub:
    • after a heavy meal
    • under the influence of alcohol or any drugs that induce drowsiness or sleep
    • if you are feeling drowsy or sleepy
    • if you are pregnant
    • if you have a heart condition or circulation problems
    • if you have fits or blackouts
    •  if you are immunocompromised

We recommend that you seek medical advice before using the hot tub.

Always cover the hot tub when not in use!

Enter the water with care making sure it is not too hot (test first).
You the hirer must make sure the hot tub is not misused.
Only use plastic glasses in the hot tub.
Do not enter the hot tub with clothes on, suitable swimming attire only.
Do not enter the hot tub with shoes on or with any sharp object on your person.
Do not dive or jump into the hot tub.
Do not sit on the hot tub cover.
Do not stand on the hot tub housing.

Do not put naked flames/candles near the hot tub

Do not smoke in or near the hot tub

The hirer must ensure everyone using the hot tub is in a sound, healthy and fit state or have permission from their doctor where appropriate to use the hot tub safely.

The hirer must make sure users are not under the influence of drugs or alcohol.

The hirer must ensure the cover is on to retain the heat when not in use.

Always leave the hot tub plugged in and switched on when not in use in order for the
filtration/heating systems to work.  If it is accidentally switched off or a power failure occurs, the tub will need to be switched back on and reset as shown in the setup demonstration.

You must make sure everyone showers before using the hot tub.

 

Chemicals

35. All Equipment will be delivered in a clean and sanitised condition.

36. Chemicals will be provided for the duration of the hire. Instructions on chemical use will be provided.

37. The Hirer must ensure everyone showers before using the Equipment.  All traces of dirt, makeup, moisturiser, creams etc must be removed prior.

38. Do not add bubble bath, foam bath or washing up liquid of any description as this may cause damage to the Equipment.

39. Fake tan products of any description must not be used.

40. A cleaning charge of £25 or a filter replacement charge of £25 may apply if the above has not been followed.

 

Responsibility of  The Hirer

41. The Hirer or the hirers representative must be present on arrival and collection of Equipment at the hire location. The Hirer shall give clear instructions, and take reasonable steps to ensure the safety of staff and representatives.

42. The Owner accepts no responsibility for any damage or injuries caused.  The Owner shall provide free parking on arrival, on or near to the Hirer’s property and suitable for loading and unloading for the duration of the arrival and collection of the Equipment.  The Hirer is responsible for any parking costs should they be incurred.

43. The Hirer will supply the water for the Equipment in the hire period.

44. The Hirer will provide a supply of electricity in close proximity to the hot tub location.

45. A flat level base is required to locate the hot tub. The base can be slabs, concrete, grass or any firm hard standing measuring 3 metres x 3 metres square.

46. A hot tub will cause some discolouration to grassed areas. If a hot tub is to be located on decking, the Hirer must ensure it is structurally sound. The Owner cannot be held responsible for any damage arising from structural integrity.

 

Accidents/Injury

47. The Hirer acknowledges that the use of the hot tub is at the Hirer’s own risk

48. The Owner will not be held liable for any accidents, injuries or death.

49. The Owner will not be liable for accidents, injuries, or death caused by misuse of our hot tubs and equipment.

 

Inclement Weather

50. The Hirer shall be made aware of cold weather when the air temperature drops to 4 degrees Celsius. Heating of the water can take up to 36 hours in extreme cases. This needs to be factored into the hire by the Hirer as the Owner cannot be held responsible if the hot tub is not ready for use during inclement weather conditions.

Damage to Your Property

51. The Owner will not be held responsible for damages to property to include but not limited to water damage or weight damage to structures, fixtures, fittings, garden or grass areas as a result of the Equipment location.

52. It is the Hirers responsibility to ensure the Equipment is located in a position that will not cause any damage.

53. We do not recommend Equipment is located indoors as the Owner can not take responsibility for water spills.

 

Notice to Hirer

54. NOTICE TO HIRER: This is a lease. You are not buying the Equipment. Do not sign this Agreement before you read it. You are entitled to a completed copy of this Agreement when you sign it.

IN WITNESS THEREOF the parties to this Agreement have executed this Equipment Hire Agreement on the dates as entered in the Checkout Page https://holistichottubhire.co.uk/checkout/