Terms and Conditions

Artwork Hire Terms and Conditions

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By hiring artwork from Propaholics Hire Ltd T/A Proper Art, the Hiree agrees to be bound by the following Terms and Conditions.

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1. Parties

 

 

1.1 The Hirer is Propaholics Hire Ltd trading as Proper Art, whose registered business address is Filwood House, Filwood Road, Bristol, BS16 3RY (“the Hirer”).

 

1.2 The Hiree is the individual, production company, organisation or business named on the purchase order, rental agreement or invoice (“the Hiree”).

 

1.3 Where the Hiree’s registered address is outside the United Kingdom, any named UK agent, production partner or commissioning entity shall be jointly and severally liable with the Hiree for all obligations under this agreement.

 

 

 

 

2. Nature of Agreement

 

 

2.1 The Hirer supplies physical artwork for temporary hire only.

 

2.2 The Hirer acts solely as an intermediary facilitating the hire of artwork on behalf of artists and rights holders.

 

2.3 The Hirer does not grant, assign, license or transfer any intellectual property rights in the artwork unless expressly confirmed in writing.

 

2.4 Any copyright licences, reproduction permissions, broadcast permissions or other intellectual property rights must be obtained directly by the Hiree from the relevant artist or rights holder.

 

2.5 The Hiree acknowledges that the Hirer is not responsible for negotiating, granting, verifying or enforcing such rights.

 

2.6 The Hirer acts solely as a facilitator in the provision of physical artwork and is not a party to any copyright, licence or reproduction agreements entered into between the Hiree and the artist.

 

 

 

 

3. Official Order

 

 

3.1 All hires must be confirmed by written order, purchase order or written confirmation from the Hiree.

 

3.2 The order must specify:

 

• the artwork hired

• the agreed risk value of each item

• the hire period

• the Hiree’s registered business address

• VAT registration number where applicable

 

 

3.3 The hire period shall be calculated on a weekly basis unless otherwise agreed in writing.

 

 

 

 

4. Hire Charges

 

 

4.1 Hire charges are calculated based on the risk value of each artwork item.

 

4.2 Hire charges are calculated as follows:

 

• Week 1: 20% of the stated risk value

• Week 2: 10% of the stated risk value

• Each additional week thereafter: 5% of the stated risk value

 

 

4.3 Charges are calculated per item and rounded to the nearest £0.10.

 

4.4 A minimum invoice value of £25 plus VAT applies.

 

4.5 The Hirer reserves the right to revise or correct stated risk values prior to hire where necessary.

 

 

 

 

5. Hire Period and Extensions

 

 

5.1 The Hiree must request any extension of the hire period at least 48 hours prior to the agreed return date.

 

5.2 Extensions are subject to availability and must be confirmed by the Hirer in writing.

 

5.3 Failure to request an extension may result in additional hire charges being applied.

 

 

 

 

6. Payment

 

 

6.1 Payment for hire is due prior to collection or dispatch, unless otherwise agreed in writing.

 

6.2 Payment may be made via:

 

• bank transfer

• online payment link

• other method agreed by the Hirer

 

 

6.3 The Hiree authorises the Hirer to recover any outstanding sums relating to:

 

• extended hire

• late return

• damage or restoration

• loss or theft

• replacement of items

 

 

 

 

 

7. Insurance, Risk and Responsibility

 

 

7.1 The Hiree is responsible for all hired artwork from the moment it is:

 

• collected by the Hiree, or

• delivered to the Hiree or their representative

 

 

until it is returned to and accepted by the Hirer.

 

7.2 The Hiree must insure all hired artwork with reputable insurers for the full stated risk value against loss, theft, damage or destruction from any cause whatsoever.

 

7.3 The Hirer reserves the right to request proof of insurance at any time.

 

7.4 If artwork is returned damaged, the Hiree shall be liable for:

 

• restoration or conservation costs

• specialist repair costs

• transportation costs

• loss of value where applicable

 

 

7.5 If artwork is lost, stolen or irreparably damaged, the Hiree shall be liable for the full stated risk value.

 

7.6 The Hirer’s decision regarding whether artwork is repairable or beyond repair shall be final.

 

7.7 The Hiree must report any discrepancies or issues within 24 hours of collection or delivery.

 

 

 

 

8. Care and Preservation of Artwork

 

 

8.1 The Hiree must exercise reasonable care in the handling, storage and display of artwork.

 

8.2 Artwork must not be:

 

• altered

• reframed

• cut

• painted

• distressed

• modified in any way

 

 

without the prior written consent of the Hirer.

 

8.3 Identification labels or markings must not be removed or obscured.

 

8.4 Artwork must not be sub-hired, loaned or transferred to any third party without written consent from the Hirer.

 

8.5 The Hirer reserves the right to request confirmation of the location of the artwork during the hire period.

 

 

 

 

9. Intellectual Property and Copyright

 

 

9.1 All intellectual property rights, including copyright and moral rights, remain the sole property of the artist or rights holder.

 

9.2 The Hirer provides physical artwork only and does not grant or imply any licence for reproduction, broadcast, publication or commercial exploitation.

 

9.3 Any permissions relating to:

 

• filming

• broadcast

• streaming

• publication

• reproduction

• advertising or marketing use

 

 

must be obtained directly by the Hiree from the relevant artist or rights holder.

 

9.4 The Hiree acknowledges that the Hirer does not warrant ownership or clearance of copyright and bears no responsibility for securing or verifying such rights.

 

 

 

 

10. On-Screen Use and Clearance Responsibility

 

 

10.1 The Hiree acknowledges that artwork supplied by the Hirer may appear within filmed or photographed productions.

 

10.2 The Hirer makes no representation or warranty that artwork is cleared for broadcast, streaming, publication, marketing or promotional use.

 

10.3 The Hiree is solely responsible for ensuring that all necessary permissions, licences, clearances or releases have been obtained prior to any such use.

 

10.4 The Hirer shall bear no responsibility or liability for any claim arising from the appearance or use of artwork within any production or publication.

 

 

 

 

11. Indemnity

 

 

11.1 The Hiree agrees to fully indemnify and hold harmless:

 

• the Hirer

• the artist

• any associated rights holders

 

 

against all claims, damages, liabilities, losses, costs or expenses arising from:

 

• unauthorised use of artwork

• infringement of copyright or moral rights

• misuse or alteration of artwork

• negligence or improper handling

• breach of these terms

 

 

11.2 This indemnity applies during and after the hire period.

 

 

 

 

12. Limitation of Liability

 

 

12.1 The Hirer shall not be liable for any:

 

• indirect loss

• consequential loss

• production delays

• loss of profit

• reputational damage

 

 

arising from the hire or use of artwork.

 

12.2 The Hirer gives no warranty of fitness for purpose.

 

 

 

 

13. Packing and Transport

 

 

13.1 Packing materials and transport cases supplied with artwork must be returned with the artwork.

 

13.2 Missing or damaged packing materials may be charged to the Hiree.

 

13.3 The Hirer reserves the right to refuse release of artwork where transport arrangements are deemed unsuitable.

 

 

 

 

14. Late Return and Continued Hire

 

 

14.1 If artwork is not returned by the agreed return date, the hire shall automatically continue and additional hire charges will apply.

 

14.2 Continued hire does not guarantee availability and the Hirer may request immediate return of artwork.

 

14.3 If artwork is not returned within 7 days of written request, the Hirer may treat the artwork as lost and charge the full risk value.

 

14.4 The Hiree shall remain liable for all hire charges and recovery costs until the artwork is returned.

 

 

 

 

15. Right of Inspection and Recovery

 

 

15.1 Ownership of all hired artwork remains with the Hirer or the artist at all times.

 

15.2 The Hirer may request confirmation of the artwork’s location and condition during the hire period.

 

15.3 If the Hirer reasonably believes artwork is at risk of loss, misuse or damage, the Hirer may require immediate return.

 

15.4 The Hirer may recover the artwork and the Hiree shall be liable for any reasonable recovery costs.

 

 

 

 

16. Packing Cases

 

 

16.1 Any packing cases supplied free of charge for the hire period must be returned with the artwork.

 

16.2 Packing cases not returned may be charged to the Hiree.

 

 

 

 

17. Cancellation

 

 

17.1 Confirmed orders cancelled within one working day prior to dispatch or collection may incur a cancellation fee of up to 50% of the agreed hire fee.

 

 

 

 

18. Artist Credit

 

 

18.1 Where practical and customary within the production, the Hiree agrees to use reasonable endeavours to credit the artist associated with the artwork supplied.

 

18.2 Failure to provide credit shall not constitute a breach of this agreement.

 

 

 

 

19. No Reliance

 

 

19.1 The Hiree acknowledges that it has not relied on any representation, statement or promise made by or on behalf of the Hirer which is not expressly set out in these Terms and Conditions.

 

19.2 No employee or representative of the Hirer is authorised to make any representation or warranty not contained within this agreement.

 

 

 

 

20. Entire Agreement

 

 

20.1 These Terms and Conditions constitute the entire agreement between the Hirer and the Hiree in relation to the hire of artwork.

 

20.2 These terms shall prevail over any conflicting terms contained in the Hiree’s purchase order, standard terms, or other documentation unless expressly agreed in writing by the Hirer.

 

20.3 No variation of these Terms and Conditions shall be valid unless agreed in writing by the Hirer.

 

 

 

 

21. Governing Law

 

 

21.1 These terms shall be governed by and interpreted in accordance with the laws of England and Wales.

 

21.2 All parties submit to the exclusive jurisdiction of the courts of England and Wales.

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22. No Set-Off

 

 

22.1 The Hiree shall pay all sums due under this agreement in full and without deduction, withholding, counterclaim or set-off of any kind.

 

22.2 The Hiree shall not be entitled to withhold payment of any hire charges or other amounts due to the Hirer by reason of any claim, dispute or alleged defect relating to the hired artwork.

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22.3 Any claim by the Hiree regarding damage, condition, suitability or use of the artwork must be dealt with separately and shall not affect the Hiree’s obligation to pay all hire charges when due.

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23. Stunts, Special Effects and High-Risk Use

 

 

23.1 Artwork supplied by the Hirer is provided for display or set dressing purposes only unless expressly agreed otherwise in writing.

 

23.2 The Hiree must not use any artwork in connection with:

 

• stunts

• special effects

• pyrotechnics

• fire or heat effects

• water effects

• breakaway scenes

• simulated damage or destruction

• hazardous environments

 

 

without the prior written consent of the Hirer.

 

23.3 Where such use is approved by the Hirer, the Hiree accepts full responsibility for any resulting damage or loss, regardless of whether such damage was intended or incidental to the production.

 

23.4 The Hiree shall be liable for the full risk value of the artwork where damage occurs during any stunt, effects work, or hazardous use.

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