Terms and Conditions for the Provision of Services
Please read these terms and conditions carefully. They govern the provision of all services provided by Backstage Technical Services.
By clicking on the link at the end of this page you will confirm your acceptance of these terms and conditions.
In these terms and conditions the following words shall have the following meanings:
- BTS: Backstage Technical Services/Backstage/Backstage Club
- Crew: the member(s) of BTS assigned to an event
- Union: Bath University Students Union
- Client: the person/organisation hiring the services of BTS
- Event: event for which the services of BTS are hired
- Equipment: any stage, platform, rigging, and or other equipment of any kind hired or supplied by BTS to the Client
- BTS try to accommodate all requests for the provision of their services but they are not obliged to do so in any circumstances. In particular their availability will be limited during exam times and they will often be unable to provide services on dates upon which they already have a booking.
- All requests for bookings must be placed online via the online booking form. Thereafter a provisional quote will be provided by BTS. This may be subject to change.
- No contract shall be created unless and until BTS accepts the booking request and subsequently issue a booking confirmation via email, is issued by a committee member, stating that the event is confirmed.
- BTS are a non-profit making organisation. BTS will issue a production charge for each event depending upon what exactly is involved and the nature and extent of services required. There may also be other costs (see clause 5). In each case a quote will be given which will include the production charge and subsequently confirmed, subject to clause 2 above.
- The costs charged may include the following but this list is not intended to be exhaustive:
- the cost of all transport, (for the Crew and Equipment) to and from the venue to attend the Event
- the cost of the hire and insurance of any equipment hired by BTS for the Event, (although all arrangements will be made by BTS)
- the transport costs in attending any pre-event venue inspection if this is deemed necessary, (for example to assess its suitability, verify the size of a stage, check power supply etc)
- In circumstances where transport for the Crew and/or Equipment to and from the Event is needed, BTS will try to arrange for a BTS Union vehicle driver to handle this. However if a BTS Union vehicle driver is not available then the Client will either need to arrange such transport, (e.g. by providing a Union Driver in the case of a Union event), or they will be charged for this as mentioned above, (if private transport is used this will normally be at the current Union rates.
- Late Bookings are those taken with less than 2 weeks notice. A late booking fee may be charged in such cases at BTS's discretion.
- BTS may require in its discretion that the total costs of providing its services are paid up front, (either in full or in part), either prior to an Event taking place or at the time of the booking being taken.
- Subject to clause 8 above BTS will issue an invoice setting out the applicable fees. All invoices are payable on receipt and no later than 30 days after they are received by the Client, even if the Client has an arrangement with another person whereby payment is to be made by that person. BTS reserve the right to charge interest on invoices which are not paid within 30 days of dispatch from the date on which payment of their invoice was due, until the date of actual payment. The current rate of interest is 2% above the HSBC base rate.
- If a booking/event is cancelled by the client for whatever reason, all unrecoverable costs incurred will be paid by the Client and a further cancellation fee of up to 100% of the total fees payable may be charged to the Client at BTS’s discretion.
- BTS reserve the right to cancel any booking taken up to one week before the date of the Event. In which case any fees paid in advance will be returned in full but no additional sums of any kind shall be payable to the Client by way of compensation, damages and/or breach of contract.
- Crews are expected to work to statutory safety guidelines. Under no circumstances should they be asked or encouraged to break them.
- Whenever potentially dangerous special effects (such as but not limited to pyrotechnics, strobes, smoke etc), are used, such use must be strictly supervised at all times by an experienced Crew member/s who shall ensure compliance with legal requirements including any applicable Local Authority Guidelines.
- The Client must ensure that the venue is properly cleared and/or prepared for BTS and the services and/or the Equipment. If a stage, platform, rigging, scaffolding or other structure of any kind is to be erected the Client must firstly ensure that the foundations upon which the structure is to be erected is sufficiently firm and otherwise suitable to safely carry the structure and weight to be put on it before the Crew start erection. The Client shall be strictly liable for any loss, costs, and/or damages of any nature which BTS and/or the Union and/or the University may suffer as a result of the Client's failure to carry out its obligations herein.
- Neither BTS nor any Crew member shall be liable or responsible in any way for any kit/apparatus equipment or items which is not provided or hired by BTS. If the Client wants the Crew to use, rig, de-rig, assist with such matters or otherwise use or handle any such kit/apparatus equipment or items they must firstly provide proof of adequate insurance.
- The Crew will exercise all proper care to ensure that the Equipment which it erects and/or sets up is safe and is properly constructed for the purpose for which it has been requested by the Client and that it complies with all relevant legal requirements. BTS will also take care when setting up and dismantling Equipment to prevent any damage to the Client's or other relevant property, but neither BTS nor the Union nor the University of Bath shall be responsible for any such damage howsoever caused.
- To the fullest extent permitted by law, BTS, the Union and the University of Bath shall in no event be liable for any claims, charges, demands, damages, losses, expenses, and liabilities of whatever nature and howsoever arising, (including but not limited to direct and indirect loss, any compensatory, incidental, special, punitive, or consequential damages, personal injury, loss of income or profit, loss of or damage to property, claims of third parties including from injuries sustained by third parties and damage to other persons property, or other losses of any kind or character arising out of or in connection with the provision of BTS's, except where such claims are due to BTS's negligence.
- The Client shall use the Equipment at their own risk and shall indemnify BTS and the Union and University of Bath against any claims or other such matters referred to in clause 17 above, such indemnity to include but not be limited to, the costs of any legal or other professional fees and of defending or prosecuting any claim and any loss of profit, goodwill, and any other direct or consequential loss incurred or suffered by BTS and/or the Union and/or the University of Bath in connection therewith.
- Neither BTS nor the Union nor the University of Bath will be liable for any loss or damage sustained by the Client consequential to the non-delivery, defect in, or failure of the equipment hired.
- If the Equipment or part thereof is damaged, by misuse, negligence or otherwise, through no fault of BTS during the Event, the Client shall be responsible for the full cost of repairing and/or replacing the Equipment or part thereof and agrees that such sum may be recoverable as a debt.
- BTS shall be relieved of its contractual obligations in the event that performance thereof is prevented or delayed directly or indirectly by an act of God, war, riot, strike, labour disturbance, industrial dispute, fire, flood, explosion, severe weather conditions, volcanic eruptions, earthquakes, computer system failures, shortage of material or labour or any other cause beyond its control.
- Refreshments (e.g. food and drink) must be provided to the Crew by the Client during the event. If no such refreshments are provided a small rider fee may be charged.
- Free Admission to the Event is to be provided to all Crew Members, unless the contrary is specifically agreed at the time the booking is made.
- BTS will not clean the venue before or after the event. This is the Client's responsibility.
- Crew members are volunteers and must be treated by the Client, its staff, representatives and agents and others attending the Event with dignity and respect at all times. In the event that a Crew member is treated disrespectfully or suffers any kind of abuse (verbal or otherwise), appropriate action will be taken by the Union. If the Client is a Union organisation any such matter will be dealt with by the Union's disciplinary procedures.
- The Client grants that any authorised representative of BTS and the Union has right of entry in any premises where the Equipment may be, to examine, repair, service or repossess the Equipment.
- The Contract shall be governed by and construed in accordance with the Laws of England.