The following, from section clause 1 through clause 19, are the Standard Terms and Conditions of Business for Vern Allen Event Services for the provision of its goods and services.

In booking Vern Allen Event Services to provide goods or services, both parties must agree to be bound to the terms and
conditions of Vern Allen Event Services, and any additional enclosures annexed to these conditions or any variations given and
agreed in writing (see clause 19), herein.

1. Definitions
In this Agreement:
“Agreement” means the obligations and duties contained herein and the enclosures annexed hereto;
“Charges” means those outlined in the enclosure annexed to this Agreement;
“Confidential Information” means all financial, business, technical or other data and all other information (whether
written, oral or in electric form or other media) concerning the business affairs of a party that the other party obtains,
receives or has access to as a result of the discussions leading up to the entering into or the performance of this
Agreement;
“Deposit” means the sum of 50% of the amount to be invoiced for the goods or service or such other sum as may be
agreed ,which shall be payable by you with the booking confirmation , pursuant to Clause 6.1 and any Enclosures
annexed hereto.
“The Booking Contract” or “Contract” means any hire agreement between the Company and the Hirer which may be
defined as a contract under the terms of English law;
“Commencement Date” means the date on which the equipment is delivered to or made available for collection by
the Hirer;
“Interest” means 4 per cent above the Bank of England base rate (see Clause 6.7 form A)
“Equipment” means any equipment hired or sold by Vern Allen Event Services, including any replacement or substitute
equipment and all accessories and additions and renewals; equipment to include but not limited to all accessories
(such as IEC mains cables), cases, manual’s, labels and packaging.
“In writing” means a letter in writing or an electronic transmission such as an e-mail.
“Hire Period” means the period of hire specified in the schedule and beginning on the
Commencement Date;
“The Hirer” means any company, partnership or individual who shall enter into any hire agreement with the Company;
“Insolvency Act” means the Insolvency Act 1986 or any modification, amendment, consolidation, re-enactment or
replacement of it;
“Greater Force” means any event or cause happening to prevent either Party performing its obligations which arise
from or is attributable to acts, events, omissions or accident beyond the control of either Party.
“Rentals” means the rentals to be paid by the Hirer to the Owner details of which are set out in the schedule;
“Requested Delivery Date” means the date specified in the schedule as being the date requested by the Hirer upon
which the Equipment is to be available for delivery or collection;
“Services” means any services hired by the Company to the Hirer, including any replacement or substitute services
and all incidental services and additions and renewals;
“Industry coiled cable standard” means a standard set by the sound & light industry. Every cable without the drum
mounting feature, must be coiled with no twists or tangles, and must be taped in an appropriate location around the
cable to ensure that it does not come uncoiled, thus resulting in entangling with adjacent equipment or other cables.
2. Duration of Agreement
This Agreement shall last until the completion of the agreed service from the date hereof.
3. Entire Agreement
3.1 This Agreement constitutes the entire Agreement and understanding between you and Vern Allen Event Services and
supersedes any previous agreement between you and Vern Allen Event Services relating to the subject matter of this
Agreement.
3.2 Each of the Parties acknowledges and agrees that in entering into the Agreement it does not rely on and shall have
no remedy in respect of any statement, representation, warranty or understanding (whether negligently or innocently
made) of any person
(whether a party to this Agreement or not) other than as expressly set out in this Agreement as a warranty. The only
remedy available to a party for breach of warranty shall be for breach of contract under the terms of this Agreement.
Nothing in this clause
shall operate to limit or exclude any liability for fraud.
3.3 Your booking of Vern Allen Event Services’s services is deemed acceptance of the terms and conditions of the Agreement and shall apply irrespective of any further standard terms and conditions that may appear on any other form you submit.
4 Our Obligations
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4.1 We shall, upon payment of the Deposit (if any), pursuant to Clause 6, and receipt of a signed copy of the Booking
Contract Form, undertake to perform the following: –
4.1.1 To use our reasonable endeavours to provide you with goods and services for your event/function as per our Booking
Contract form
4.1.2 to immediately notify you in the event of any change in circumstances (to include but not limited to operation of law)
that renders the performance or completion of our obligations under this Agreement temporarily or permanently
impossible;
4.1.3 Use our reasonable endeavours to ensure that the equipment is supplied is operational.
4.2 In the event that the equipment and/or services, become temporarily un-useable or unavailable (other than as a
result of accident, damage, theft or vandalism), we will make available replacement equipment and/or services (not
necessarily of the same type and age) as soon as practically possible.
5. Your Obligations
You warrant that you: –
5.1 Will pay all reasonably incurred charges in full and VAT or any similar tax (if applicable) as and when they become
payable in accordance with Clause 6 herein
5.2 will immediately notify us in the event of any change in circumstances (to include but not limited to operation of law)
that renders the performance or completion of our obligations under this Agreement temporarily or permanently
impossible;
6. Payment
6.1 You agree to the payment of the deposit (if due or required). Such sum is not refundable within 48hours of the
booking date but shall be deducted from the monies due to us under Clause 6.2 below;
6.2 You agree to pay the total sum as stated in the Booking Contract Form for our services under this Agreement, minus
any deposit you have paid and you further agree to pay all reasonable extra charges, in addition to the
aforementioned sum, incurred by us in fulfilling our obligations to you under this Agreement. Such monies shall be
paid to Vern Allen Event Services as cleared on or before the day of the event/function.
6.3 Notwithstanding the generality of the above clause 6.2, with respect to an engineered hire, if the duration of the
event/function runs over time by more that 30 minutes, we reserve the right to charge you in accordance with clause
6 of Form C
6.4 Any additional equipment/crew/transport ordered after receipt of order confirmation whether in writing or verbally shall
incur relevant additional charges as per our normal charging structure (i.e. book rate) which shall, at all times, be
payable by you
6.5 In the event that we do not receive cleared funds on or before the day of the event/function/hire, we reserve the right
not to perform the service, save that this clause 6.5 shall not apply to those customers who have a valid credit
account with us.
6.6 We reserve the right to amend, upon giving one month’s notice, the price of services supplied in line with market
rates for such service and you agree that it is reasonable for us to do so
6.7 Should you fail to make a payment within 7 days of our reasonable demand, you shall pay interest, weekly, less any
discount originally included in the booking, thereon.
7. Cancellation
7.1 Should you cancel your event/function:-
7.1.1 after having formally confirmed the event (i.e. booking confirmation form has been signed and returned, or you have
supplied us with an official purchase order or any other form of written confirmation) then the amount of 15% of the
full fee shall become due and payable (less any deposit already paid), immediately, pursuant to Clause 6 herein –
unless mutually agreed otherwise.
7.1.2 within 48 hours of the date of the booking, the full fee for the event/function shall become due and payable,
immediately, pursuant to Clause 6 herein.
8. Liability
8.1 Except as provided in this Clause 9, neither party shall be liable to the other, whether in contract, tort or otherwise
loss or damages which are:
a) Not the fault of the other party;
b) Indirect and/or not reasonably foreseeable
c) Loss of business, profits, savings, revenue, or goodwill whether caused to the other party through any
breach of this Agreement or any matter arising under it.
8.2 In respect of any liability of Vern Allen Event Services it is agreed that this is limited to the Agreed fee to be charged pursuant to
Clause 6.2, the Parties, herein, agree that it is reasonable to do so
8.3 Neither Party excludes liability for negligent acts or omissions causing death or personal injury to any person.
9. Indemnities
At our discretion, you agree to indemnify us in respect of all reasonable incidental or extra costs being (to include, but
not limited to, any excess payable pursuant to any claim upon our insurance policy, or theft and damage to
equipment and damage or liability to Third Parties
arising from the performance or part performance of this Agreement).
10. Insurance
10.1 We agree to obtain and maintain in force with a reputable Insurance Company, or a Lloyds Underwriter, all
necessary insurance policies in which to fulfil our obligations arising under this Agreement.
10.2 We shall undertake to do nothing to invalidate such insurance policies and such policies will be at all times, paid up
to date during the duration of this agreement.
11. Greater Force
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11.1 For the purpose of clarity such acts, events, omissions or accidents are, but are not limited to, acts of God, war,
hostilities (whether war declared or not), invasion, act of foreign enemies, terrorism (National and International),
sabotage, riot, explosion, storm,
flood, disease, or other natural disaster, Governmental control, restrictions or prohibitions or any other Governmental
act or omission whether National or international, and industrial disputes of any kind.
11.2 If either Party is prevented or delayed in the performance of its obligations under this Agreement by Greater Force,
that Party shall immediately or as soon as reasonably practicable, serve notice in writing upon the other Party,
specifying the nature and the
extent of the circumstances giving rise to the Greater Force and shall, upon giving this notice, suffer no liability in
respect of its performance of its obligations under the Agreement, such that the performance of the obligations are
prevented by Greater Force,
during the continuation of the Greater Force events and for such time after they cease is as necessary for the
affected Party, using reasonable endeavours to recommence it performance of its obligations;
11.3 Any Party claiming to be prevented from the performance of any of its obligations under this Agreement by reason of
Greater Force shall take all reasonable steps as are necessary to bring the Greater Force event to a close or find a
solution by which the
Agreement may be performed despite the continuance of the Greater Force event.
12. Termination
Either Party shall be entitled to terminate the Agreement without liability by giving notice to the other at any time if: –
12.1 That Party breaches any of these Terms and Conditions, provided that the breach is capable of remedy, the
Agreement shall not be terminated unless and until the Party in breach shall have failed to remedy the breach within
14 days of such notice;
12.2 That Party makes any voluntary arrangements with its Creditors (within the meaning of the Insolvency Act 1986) or
(being a Company) becomes subject to an administration order, goes into liquidation (otherwise for the purpose of
amalgamation or
reconstruction) or (being an individual) becomes bankrupt; or any Third Party takes possession or a receiver is
appointed, over any of the property or assets of the other Party;
12.3 That Party ceases, or threatens to cease, to carry on business; or
12.4 That Party is affected by a Greater Force event as detailed in Clause 13 of this Agreement; or
12.5 If that Party reasonably apprehends that any of the events mentioned above is about to occur in relation to the other
Party and notifies the other Party accordingly.
12.6 Termination of this Agreement or any part thereof shall not affect any accrued rights or liabilities of either Party nor
shall it affect the coming into force or the continuation in force of any provision of this Agreement which expressly or
by implication is intended
to come into or continue in force on or after such termination.
13. Severability
This Agreement is severable in that if any provision of this Agreement is determined to be illegal or unenforceable by
any Court of competent jurisdiction, such provision shall be deemed to have been deleted without affecting the
remaining provisions of this Agreement.
14. Waiver
Any delay or failure to exercise a right or remedy arising under this Agreement or by operation of law does not
constitute a waiver of the right or remedy or waiver of any other right or remedy. A waiver of a breach of terms or of
default under this Agreement does not constitute
a waiver of any other breach or default and shall not affect any other terms contained in this Agreement. Any such
waiver of a breach or default under this Agreement shall not prevent a Party from subsequently requiring compliance
with the waived obligation. The rights and
remedies provided by this Agreement are cumulative and (subject as otherwise provided in this Agreement) are not
exclusive of any rights or remedies arising under law.
15. Contracts (Rights of Third Parties) Act 1999
Both Parties hereby acknowledge and agree to contract out of the Contracts (Rights of Third Parties) Act 1999, and
that any rights arising from the said Act in respect of any Third Parties are void and shall have no application to this
Agreement.
16. No Partnership / Agency
Nothing in this Agreement is intended or shall operate to create a Partnership or joint venture of any kind between
the Parties, or authorise a Party to act as Agent for the other, and neither Party shall have the authority to act in the
name or on behalf of or otherwise to bind the
other in any way (including but not limited to the making of any warranty, representation, assumption of obligation or
liability or the exercise of any right or power).
17. Variation
This Agreement shall be capable of being varied only by a written instrument signed by a duly authorised officer or
representative of both Parties.
18. Interpretation
In this Agreement (except where the context requires);
Any enclosures (as amended from time to time) shall form part of this Agreement and shall be construed and shall
have the same force and effect as if it was set out in the main body of this Agreement, and any reference to this
Agreement includes the Enclosures;
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References in this Agreement to any Clause shall be deemed to be a reference to the enclosures of this Agreement;
Use of the singular includes the plural and vice versa;
Use of gender includes other genders;
Any phrase introduced by the terms “including”, “include”, “in particular” or an similar expression shall be construed
as illustrative and shall not limit the sense of the words preceding those terms; and
Any statement qualified by a reference to a Party’s state of knowledge belief or awareness shall be deemed to
include an additional statement that it has been made after due and careful enquiry.
19. Law
This Agreement shall be governed and construed in accordance with the Law of England.
Each Party irrevocably agrees to submit to the exclusive jurisdiction of the Courts of England over any claim or
matter arising under or in connection with this Agreement or the legal relationships established by this Agreement.
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FORM B – TERMS AND CONDITIONS FOR ENGINEERED HIRE
These are the Standard Terms and Conditions of Business for Vern Allen Event Services for the provision of an Engineered Hire.
You agree and acknowledge, in booking Vern Allen Event Services to provide an Engineered Hire, that at all times this Form C
and the terms and conditions herein shall be read in conjunction with and form part of the General Terms and Conditions of Vern Allen Event Services (Form A), of which you hereby acknowledge receipt.
For the avoidance of doubt, if there is a conflict between this Form C and the General Terms and Conditions (Form
A) the provisions of this Form C shall prevail.
Definitions explained on Form A, Clause 1
1. Basic terms of Hire of the Equipment and/or Services
1.1 The Company agrees to hire and the Hirer agrees to take on hire the Equipment and/or Services
for the Hire Period on the terms and conditions of hire set out in these conditions.
1.2 The hire of the Equipment and/or Services commences on the Commencement Date and
continues for the Hire Period subject to termination as provided by these conditions.
1.3 The Company shall prepare a Delivery and Acceptance Form and, at the time of delivery
or collection of the Equipment or provision of the Services, the Hirer or a person authorised
on its behalf, shall sign the Delivery and Acceptance Form, which signature shall constitute the
Hirer’s acceptance of the Equipment and/or Services.
1.4 The Company shall use all reasonable endeavours to have the Equipment and/or Services
available for delivery or collection on the Requested Delivery Date but the Company shall not
incur any liability whatever in the event of any delay however caused.
2. Duration of Agreement
This Agreement shall last from receipt by us of the Booking Confirmation Form until the completion of the agreed
service(s)
3. Our Obligations
We shall, upon payment of the Deposit (if any), pursuant to Clause 6 of Form A, and receipt of a signed copy of the
Booking Confirmation Form, undertake to use or best endeavours to perform the following: –
3.1 to provide an engineered hire for your event/function as per our Booking Confirmation Form
3.2 to provide all equipment and crew and to assemble and dismantle the same, using our best endeavours to cause as
little disturbance as possible
3.3 to provide, if requested, all relevant safety instructions within 1 week of the date of the event
4. Your Obligations
4.1 Further and in addition to the provisions of Clause 5 of Form A, you acknowledge and agree to:
4.1.1 to furnish us with all necessary information, to include, but not limited to, confidential information, that we may
reasonably require for the administration and/or safety of our employees, agents or sub-contractors, and fulfilment of
or
obligations under this Agreement, your agreement to the supply of such information shall not be unreasonably
withheld.
4.1.2 will pay all reasonably incurred charges in full and VAT or any similar tax (if applicable) as and when they become
payable in accordance with Clause 6 of Form A
4.1.3 will acquaint yourself, any relevant persons and other parties, fully with all safety information provided by
us to you.
4.1.4 will ensure that we have free and unrestricted access to the area where the system is to be set up and further, free
and unrestricted access to and from the car park up to such area
4.1.5 provide free, convenient and accessible parking close to the event/function venue
4.1.6 when necessary, provide further load-off and load-in crew to assist us, you further agree that at all times the cost of
such extra manpower will be borne by you
4.1.7 will ensure an adequate and safe electricity supply, sufficient and conveniently located power sockets to enable us to
perform the agreed service
5. Payment
Payment shall be made pursuant to the terms of Clause 6 of Form A
6. Overruns
You hereby agree that if the duration of an event runs over the stated finish time by more than 30 minutes, you shall,
at our discretion, pay to us a surcharge that will not exceed 10% of the event/function price for our continued service,
per each extra hour or any part thereof,
over and above this time;
7. Limitations
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Further to the provisions of Clause 8 of Form A, you further agree that time is not of the essence unless clearly
agreed, in writing, between us upon the Booking Confirmation Form. Should you fail to agree this in writing with us,
we will not accept liability for any loss suffered by you as a consequence thereof.
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FORM C – TERMS AND CONDITIONS OF DRY HIRE
These are the Standard Terms and Conditions of Business for Vern Allen Event Services for the hire of equipment from us to
you. You agree and acknowledge, in hiring any equipment from us , that at all times this Form C and the terms and
conditions herein shall be read in
conjunction with and form part of the General Terms and Conditions of Vern Allen Event Services (Form A), of which you hereby
acknowledge receipt.
For the avoidance of doubt, if there is a conflict between this Form C and the General Terms and Conditions (Form
A) the provisions of this Form C shall prevail.
Definitions explained on Form A, Clause 1
1. Basic terms of Hire of the Equipment and/or Services
1.1 The Company agrees to hire and the Hirer agrees to take on hire the Equipment and/or Services
for the Hire Period on the terms and conditions of hire set out in these conditions.
1.2 The hire of the Equipment and/or Services commences on the Commencement Date and
continues for the Hire Period subject to termination as provided by these conditions.
1.3 The Company shall prepare a Delivery and Acceptance Form and, at the time of delivery
or collection of the Equipment or provision of the Services, the Hirer or a person authorised
on its behalf, shall sign the Delivery and Acceptance Form, which signature shall constitute the
Hirer’s acceptance of the Equipment and/or Services.
1.4 The Company shall use all reasonable endeavours to have the Equipment and/or Services
available for delivery or collection on the Requested Delivery Date but the Company shall not
incur any liability whatever in the event of any delay however caused.
2. Duration of Agreement
This Agreement shall last from receipt by us of the Booking Confirmation Form until the completion of the agreed
service(s).
3. Our Obligations
3.4 Further to the provisions of Clause 4 of Form A and upon payment of the Security Deposit, pursuant to Clause 6
herein, and receipt of a signed copy of the Booking Confirmation Form, we shall, undertake to provide you with the
equipment you request.
3.5 to provide all customer safety instructions (if applicable)
3.6 Notwithstanding the generality of the above, clause 3.1 is, at all times subject to the provisions of Clause 6 herein
4. Your Obligations
4.1 Further and in addition to the provisions of Clause 5 of Form A, you acknowledge and agree:
4.1.1 to furnish us with all necessary information, to include, but not limited to, confidential information, that we may
reasonably require for the fulfilment of or obligations under this Agreement
4.1.2 to pay all reasonably incurred charges, including Security deposit, immediately in full plus VAT or any similar tax (if
applicable) as and when they become payable in accordance with Clause 6 of Form A and Clause 6 herein
4.1.3 to acquaint yourself, fully, with all safety information provided by us to you.
4.1.4 If in the event that we facilitate delivery of the equipment, and when requested before or at the event venue, to
provide suitable persons at your own risk to assist us as load-off and load-in crew, and you further agree that at all
times the cost of such extra manpower will be borne by you
5. Charges
5.1 All Charges commence at the time the equipment leaves our premises or such place as agreed between us and you,
and terminate at the end of the period of hire, or whenever the Equipment is returned to our order, whichever is the
latter.
5.2 We reserve the right to charge a cancellation fee for any booking cancelled pursuant to Clause 7 of Form A
5.3 Notwithstanding the generality of Clause 6.6 of Form A, we reserve the right to amend, without notice, the price of
equipment hired in line with market rates for such service and you agree that it is reasonable for us to do so
6. Payment
Payment shall be made in accordance with Clause 6 of Form A save as to the following:
6.1 You agree to the payment of the Security Deposit (if due). Such sum shall be payable prior to the hire of any
equipment and shall held by us and set off against any loss or damage to the equipment or cancellation of the hire
booking by you
6.2 You agree to pay the total sum as stated plus VAT immediately upon receipt of the equipment by you save always to
the provisions of clause 6.5 of Form A
6.3 Any cancellation fee shall be deducted from the Security Deposit pursuant to Clause 6.1 herein
6.4 You herewith agree that all additional charges under any of the terms herein, including loss, damage, theft, and
additional hire charges, will be charged and due immediately.
6.5 In the event that you return the equipment late, you agree to indemnify us against all losses, expenses, damages and
costs arising out of your failure to return,
6.6 Further to Clause 6.4 and 6.5 above, where payment of the hire was on Credit/Debit card, these monies (or part
thereof) may be charged to that card, and you hereby agree that it is reasonable for us to do so.
7. Ownership
You hereby acknowledge and agree that:
7.1. at all material times, the Equipment remains the property of Vern Allen Event Services.
7.2. you shall keep the equipment free from lien, distress, execution or other legal process and refrain from prejudicing
our rights in the Equipment.
7.3. in the event that the Equipment is lost, stolen, distained upon or you are dispossessed of the Equipment in any way,
you hereby agree to provide all reasonable assistance and co -operation to Vern Allen Event Services to enable the repossession
of the equipment.
8. Risk
You hereby agree that:
8.1 you bear the responsibility of informing us immediately of any fault or need for repair during the hire, we will not
accept any liability for loss or damage due to your failure to bring such faults to our attention.
8.2 all risk for damage to the Equipment lies with you from the moment that the Equipment is in your control or from the
time the Equipment leaves our premises, or agents care, whichever is the sooner.
8.3 you will bear such risk in the Equipment until it is returned to our order. The Customer shall take good and proper
care of the Equipment and ensure its use in a skilful manner by persons with the knowledge and experience to
operate it. It is the Customers
responsibility to check that the Equipment satisfies their requirements on receipt.
8.4 Notwithstanding the provisions of the above clause 8.1, in the event that we are found liable for any loss or damage
suffered in respect of any faulty Equipment, you hereby agree that our liability will be limited to the provisions of
Clause 8 of Form A
9. Indemnity
In addition to the provisions of Clause 9 of Form A, you further agree that you:
9.1 will compensate us at current replacement cost for all damages, missing items or deterioration through maltreatment
of the Equipment or attempted maintenance of the Equipment by you, or for any failure or delay in return to us of the
Equipment in accordance with our instruction or agreement, or for any consequential loss of hire, or for any variation
or cancellation of an order for the supply of Equipment or services by us, whether verbal or written.
9.2 or your estate, will hold us our employees or agents fully indemnified against any loss, damage, injury, death or
expense caused directly or indirectly to you or any third party by the Equipment or the use thereof or by any failure,
lack of repair, faulty installation or other defect of the equipment from whatever cause
9.3.1 All cables that are supplied with your booking must return coiled to “industry coiled cable standard.”
9.3.2 You hereby agree that you are liable to pay the charge of £2.00 plus VAT for every cable that returns uncoiled, or
that do not meet the standards outlined by our instruction or as outlined in the “definitions,” Clause 1 of Form A.
10. Warranties
10.1 All Equipment leaves the Vern Allen Event Services’s premises in operational working order.
10.2 We give no warranty or guarantee concerning the Equipment, its condition and/or the extent of its functions or
purpose for which required, save as to its ability to perform in the manner for which it was designed at the moment of
departure from our premises.
10.3 We warrant that each item of equipment is checked and supplied in accordance with manufacturers published
specifications and when in normal and prescribed applications and within the parameters set for electrical
performance will not cause danger or
hazard to health or safety as long as normal engineering and safety practices are observed
10.4 Notwithstanding the generality of the forgoing Clause 10.3 you hereby agree and accept responsibility that all your
employees, agents or third parties using the Equipment have been provided with all safety information, of which you
acknowledge receipt, and
training in the proper use of the Equipment.
11. Liability
Further and in addition to the provisions of Clause 8 of Form A, you hereby agree that:
11.1 at our discretion, our liability for mechanical and/or electrical breakdown of the Equipment due to natural causes or
reasonable wear and tear, if not remedied or replaced by us, shall be limited to the appropriate hire cost for that piece
of Equipment.
11.2 time is not of the essence unless clearly agreed, in writing, between us upon the Booking Confirmation Form. Should
you fail to agree this in writing with us, we will not accept liability for any loss suffered by you as a consequence
thereof.
12. Replacement of Equipment
If the Equipment suffers mechanical and/or electrical breakdown due to natural causes you will:
12.1 as soon as reasonably practical notify us of the mechanical and/or electrical breakdown and the circumstances of
use at the time of breakdown.
12.2 not attempt to fix the equipment or allow others to do so
12.3 if necessary arrange with us a time for the collection of the equipment save that at all times you further agree to pay
all additional delivery and collection charges incurred in replacing the equipment.
13. Declaration
The following declaration will be found on the “Booking Contract” form.

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