Our equipment types are listed below - not all apply to every site;

• Kiddie Rides
• Amusement Machines
• Novelty Vending Machines
• Boxer Machines
• Battery Operated Track Rides
• Sit On Digger Machines

This agreement (“agreement”) is made between Leisurematic Limited (“the company”) and the party described above (“the operating site owner / manager”). It is mutually agreed as follows: -

1. In consideration of the payment to the site owner / manager of the commission detailed above ( by way of fee exclusive of  VAT  but inclusive of service charge and national non-domestic rates), the site owner / manager grants the company the  rights to install the equipment listed above or such replacement or additional equipment at such commission rates as may from time to time be agreed ( together “the equipment”) in the site owners / managers premises detailed above (“the site”) subject to terms and conditions set out in enclosed terms and conditions contract.

2. This agreement shall come into effect when signed on behalf of the site owner and on behalf of the company by their respective authorised signatories and shall continue in effect for 24 months (the minimum period). 

3. This is an Agreement for Revenue Share Amusement Equipment, under no circumstances is this a Partnership or Tenancy Agreement.

Jonathan Barker,
Director

TERMS AND CONDITIONS OF CONTRACT

LOCATION AND OWNERSHIP OF THE EQUIPMENT

• The site owner / manager will provide a suitable and mutually agreed position within the site for the installation and operation of the equipment. The position will only be changed with mutual consent and by a company technician to avoid damage to the equipment. 

• The equipment always remains the property of the company and the site owner shall in no way attempt to dispose of or encumber any interest in it. Each machine displays an identification number, company address and telephone number details which must not be removed or obscured.

• Upon expiry or termination of this agreement, the equipment will be removed by the company at a suitable time mutually agreed by the parties, always acting reasonably.

CONTACTLESS PAYMENT

• A Nayax contactless card reader is fitted to all of our machines. The payment goes into an account set up between Leisurematic Ltd and Nayax.

• Each Nayax unit has its own unique number, which has its own account within the Leisurematic Ltd and Nayax joint account.  Each transaction is logged in the account.

• Charges for using the contactless payment system are removed prior to the takings being split between Lesiurematic Ltd and the Operating Site. These charges are £8 wireless fee per reader, per month and a fee of 2.9% per transaction.

• Around the 25^th of each month we will pay you your share of the takings for the previous month. YOU ARE RESPONSIBLE FOR PAYING YOUR SHARE OF THE VAT, if you are not registered to pay VAT, we must keep the total VAT to pay to HMRC. You will be emailed a collection ticket with details of the payment you receive.

LEISUREMATIC LTD SUPPLIER OBLIGATIONS

• The company shall during the continuances of this agreement:

1. Supply and install the equipment and bear the cost of transporting and installing it.

2. Supply all consumables necessary for the operation of the equipment.

3. Periodically service/inspect and test the equipment.  6/8 weeks for contactless equipment, 4/6 weeks for cash collection equipment, this is when all vending equipment is refilled.

4. Supply any spare parts necessary to maintain the equipment in good working condition.

5. Attend any breakdowns without unreasonable delay after notification by site owner / manager. We attended breakdowns 24/48 hours after receiving notification.

6. Collect all monies from equipment and supply a collection ticket detailing the equipment takings.

7. The company shall during the continuance of this agreement provide electrical test certification to prove the machine is in line with current regulations.

8. Should either party wish to terminate the agreement at the expiry of the minimum period, all units will be removed. The company will be responsible for all such costs.

OPERATING SITE OWNER / MANAGER OBLIGATIONS 

• The operating site owner / manager shall during the continuance of the agreement:

1. Supply a 13amp 24-hour 240v power supply to the relevant BS standards and bear the cost of electricity consumed.

2. Keep the equipment clean and take reasonable steps to prevent it from being damaged or tampered with. Use provided check sheet to make sure that the equipment has no damage, reporting any damage ASAP.

3. Promptly notify the company in the event of a breakdown. Details of who to contact, should the equipment breakdown, will be given to the relevant member of staff when the machine is installed on site.

4. Facilitate access for company technicians to maintain, repair, replenish and collect monies from the equipment.

5. Re Battery Equipment, make sure that all signage, which is supplied by the company is displayed and readable and that the company is notified should the signage be damaged or unreadable.

INSURANCE

• The company shall throughout the terms of this agreement maintain in force adequate employer’s public and product liability insurances covering the operation of the equipment within the site. 

• The operating site shall throughout the terms of this agreement maintain in force adequate fire, theft and accident insurance covering the equipment within the site. 

DURATION AND TERMINATION

• Either party may terminate this agreement, forthwith by notice to the other, in the event the other party is in material breach of any term hereof and fails to rectify such breach within 30 days of receipt of a notice giving full particulars of the breach and requiring it to be remedied, or in the event an encumbrance takes possession or an administrator or receiver is appointed over any of the property or assets of the other, or that other makes voluntary arrangement with its creditors or becomes subject to a bankruptcy order or in the event of a petition for the winding up of the other or passing of a resolution for its winding up.

• The company reserves the right to terminate this agreement if any item of the equipment fails to achieve a reasonable gross revenue per machine over a 12-month period. We will discuss options with the site before removal of equipment.

• Either party may terminate the agreement upon giving three months’ notice, at any time. 

NOTICE

• In the event of disposal of his interest in the site, the site owner shall give prompt notice of the disposal to the company and shall procure that the new owner will accept the site owner’s rights and obligations under this agreement with effect from the date of the disposal.

• Any notice to be given hereunder shall be in writing sent by registered or recorded delivery post, in the case of a notice to the site owner / manager to its address herein or subsequently notified and in the case of a notice to the company to its registered office marked for attention of the company secretary.

JURISDICTION

• This agreement shall be constructed in accordance with the laws of England and the parties submit to the exclusive jurisdiction of the English Courts.

CONFIDENTIALITY

• The phrases and circumstances of this Agreement are completely confidential between the parties and shall not be disclosed to anybody else. Any disclosure in violation shall be deemed a breach of this Agreement.

• The Site Owner is subject to the requirements of the Freedom of Information Act 2000 and Environmental Information Regulations 2004, any disclosure under these Acts shall not be deemed a breach of this agreement. 

GDPR

• Leisurematic holds your company information within our office administration system.  This information includes -

1. Company Name 

2. Company Address 

3. Company Contacts

4. Various telephone numbers as supplied by you

5. Various email addresses as supplied by you

6. VAT number, where applicable

7. Bank Account details if we need to make a payment to you. These details are held within our online banking account.

• Information about your company is backed up and stored securely for security and loss prevention purposes. We are the only party who has access to this information.

• We use the information relating to your company to facilitate trading and for general correspondence purposes. We will never knowingly pass on this information without your permission.

• Nayax (Contactless Payments Company) holds no Personal Data of our customers. The only data they hold is public data which is-

1. Company Name

2. Company Address

PCI COMPLIANCE

• Nayax (Contactless Payment Company) is PCI-DSS 3.2 certified ensuring the system’s security standards are to the highest standards. 

INTELLECTUAL PROPERTY RIGHTS

• Upon termination of the contract, all Logo’s sent to us to customise equipment are disposed of in the appropriate manner.

1. Any digital copies of the logo or artwork created using the logo will be deleted from any digital files.

2. Any artwork created using the logo for the equipment will be removed once the equipment has been removed from site and returned to the workshop, this will then be shredded and disposed of using a registered waste disposal company.

HEALTH AND SAFETY

• Leisurematic staff will follow all the Health and Safety procedures of the site, whilst also following our own Health and Safety procedures to make sure that everyone remains as safe as possible.

FORCE MAJEURE

• Notwithstanding anything to the contrary contained herein, neither party shall be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God, acts of war or terrorism, shortage of supply, breakdowns or malfunctions, interruptions or malfunction of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labour difficulties or civil unrest. Notwithstanding the foregoing, in the event of such an occurrence, each party agrees to make a good faith effort to perform its obligations hereunder.