Terms of Hire / Service - Customer Agreement
THIS DOCUMENT MAY NOT BE COPIED, RE-PRODUCED OR RE-TRANSMITTED IN ANY FORM
The Hirer must be over 18 years of age to sign this Hire Service Agreement. This Hire / Service agreement forms a legally-binding contract between the client and the service provider - ‘You DJ Now’ (ABN: 30 233 617 265), also known as ‘You Snap Now Photo Booths’ as a sub-division, in which the hirer agrees to the following conditions of hire:
1.1 - Hirer: Refers to the customer or company named in the Booking Confirmation / Invoice.
1.2 – Service Provider : Refers to the established business trading as ‘You DJ Now’ and its sub-division, ‘You Snap Now Photo Booths’ , under ABN: 30 233 617 265, the business owner, and any other individuals directly employed within the business
1.3 - Equipment: Refers to all provided equipment (goods) and accompanying accessories – including power leads, audio cables, promotional material, entertainment props etc.
1.4 - Services: Relates to the provision of Disc Jockeys (DJ’s) services , Photo Booth Services (and it’s attendants), Photographers, Service Technicians and Support Personnel.
2.1 - Booking requests are not binding until both parties have confirmed the details of service, the Hire / Service Agreement has been completed and entered into by both parties, booking deposit has been received from hirer by ‘You DJ Now’ (as stipulated in Clause [5.4]), and written confirmation is issued by ’You DJ Now’.
3.0 CANCELLATION / AMENDMENTS OF BOOKING
3.1 - The hirer agrees that Cancellation at any time following the initial booking will result in them forfeiting the full deposit amount (50% of total service fee as stipulated in Clause [5.4]). Please note an exemption to this may conditionally apply to some bookings as listed under “Special Conditions” on the Booking Confirmation / Invoice.
3.2- Amendments to individual hire or service items are permitted post-payment of deposit / confirmation of Booking where they can be accommodated. The post- amendment price must however be equal to, or greater than, the original quoted Hire / Service Price (i.e. we do not offer refunds for removing hire items / services due to change of mind).
4.0 PERIOD OF HIRE
4.1 - The period of Hire shall commence and conclude on the date and times specified on the invoice attached to the Hire Service Agreement. The period of hire will commence upon the collection of equipment from the Service Provider by the hirer, and / or delivery of equipment and / or Services to the hirer by the Service Provider (whichever comes first). The period of hire will conclude upon the return of equipment to the Service Provider by the hirer, and / or collection of equipment from the hirer and / or cessation of Services
by the Service Provider (whichever comes last).
5.0 HIRING CHARGES
5.1 - All service charges are identified for the hirer within the Hire / Service Agreement
5.2 - In making a booking, the hirer agrees to the advertised or quoted price of equipment / services by the Service Provider, together with additional service or administrative charges identified in the booking process. This quote excludes other service fees from external parties as defined in [5.7].
5.3 - All prices quoted to the hirer by the Service Provider are inclusive of GST, unless otherwise stated.
Payment Terms Defined:
5.4 - Deposit Amount – a proportionate cost deducted from the total Hire / Service cost to guarantee the booking subject to the terms identified in clause [2.0].
The Deposit Amount is: 50% of the total Hire / Service Fee Amount, capped at a maximum of $250.00, Due within 7 Days of booking to secure the date, otherwise booking will be forfeited, unless alternative arrangements have been made.
5.5 - Quoted Cost – the total agreed cost between the hirer and the Service Provider for the rental of equipment, associated accessories, and / or the provision of services. This cost excludes the refundable security deposit amount (if applied) identified in clause [5.6].
5.6 - Security Deposit Amount – a security bond payable to the Service Provider and refunded within 5 business days of equipment return in the exact operating and cosmetic state it was in upon commencement of the period of hire (as defined in clause [4.0]), minus fair wear and tear, and subject to the terms outlined in clauses [6.0], [7.0] and [8.0].
The remaining Outstanding Balance of the Quoted Service Cost, (less the Deposit Amount), together with the Refundable Security Bond, as identified on the invoice, is due: On day of hire via EFTPOS or Cash, or through an alternate measure identified on the invoice at least 5 business days prior to period of hire.
5.7 - Other Service Fees – The Service Provider holds no responsibility for additional costs associated with the rental of equipment or provision of services. This includes, but is not limited to – booking payment transaction fees as charged by your bank or credit provider, operating costs (i.e. electricity, hall hire, security, and other services) and so forth.
6.0 DELIVERY / PICK-UP OF EQUIPTMENT
6.1 – All provided equipment and accessories will only be set-up in a fully covered, well ventilated and secure location where there is sufficient space that does not pose a hazard to guests / patrons and employees of the Service Provider. Where equipment is picked-up from the Service Provider by the hirer, the hirer accepts ultimate responsibility in ensuring the above is adhered to. The only exception is for equipment specifically identified as being ‘weather proof and for outdoor use’. Please Note: Setup will not commence until the outstanding Balance Payment has been received in full.
6.2 – For where the selected equipment is delivered and installed / ‘set-up’ by the Service Provider, under no circumstances is the equipment to be moved / relocated unless prior permission is granted from the Service Provider. If the equipment is found to have been moved / relocated by the hirer, the hirer accepts full liability for any damage / malfunction that occurs and associated replacement / repair costs, irrespective of cause.
NB: Particular equipment packages from ‘You DJ Now’ are available by delivery only (as stipulated on the company website) due to the equipment expense, complexity of set-up, and special rigging / installation requirements in accordance with our Public Liability Coverage. It is for this reason that movement / relocation of equipment is prohibited.
6.3 - The hirers failure to return equipment (for where hirer return was selected at time of booking) within one (1) hour following the stipulated return time, may result in an additional full nights hire fee being charged. Where the hirer has selected equipment dismantle / re-collection by the Service Provider, the equipment must be made available within fifteen (15) minutes of arrival. Failure to do so incurs a delay fee of $30.00 for every fifteen (15) minute interval or part-thereof.
6.4 - If for any reason the hirer becomes delayed in returning the equipment to the premises of the Service Provider, or suspects a delay may impede on re-collection of equipment, they must contact the Service Provider immediately on 1300 300 042.
The company recognises that circumstances do change, however equipment may require re-dispatch the same day, particularly during peak periods, and alternate arrangements may have to be made.
6.5 - Due to scheduling requirements and factors beyond our control, the Service Provider cannot guarantee arrival times for equipment set-up and re-collection as specified on the Booking Confirmation You will however be contacted by a staff member if an unlikely delay is imminent.
6.6 - Upon the hirer receiving the hired equipment and associated accessories, they will be provided with written and verbal operating instructions by a member of the ‘You DJ Now’ team.
6.7 - It is the hirers responsibility to have a sound understanding of the operating procedures provided and ask questions if required as no responsibility will be taken by the Service Provider for inoperable equipment resulting from hirer error in its use.
7.0 USE OF EQUIPTMENT
7.1 - The hirer hereby accepts complete responsibility on behalf of all patrons (excluding employees of the Service Provider) of the equipment during the period of hire [4.0].
7.2 - The hirer must at all times utilise the supplied equipment and all accessories in a capable manner and solely for the equipment’s intended use. The hirer also accepts responsibility in ensuring all users / attending guests are aware of the equipment’s intended use, and that they utilise the equipment solely for its intended use.
7.3 - The hirer understands that the equipment is hired for use solely by the lessee, and therefore may not be re-leased to third parties without prior permission of the Service Provider.
8.0 LOSS / DAMAGE OF EQUIPTMENT
8.1 - The hirer will exercise care for the rented equipment and all accompanying accessories so as to prevent loss and / or damage.
8.2 - The hirer accepts responsibility for the security and safe-keeping of all equipment during the agreed period of hire [4.0], including the replacement / repair costs of all lost / damaged equipment and accessories resulting from foreseen and / or unforeseen adverse events – which may include, but are not limited to: fire, storm, collision, accident (i.e. liquid damage from spilt beverages, physical damage caused by patrons etc.), theft or burglary.
8.3 - The hirer accepts such responsibility for loss or damage to equipment caused by others (excluding employees of the Service Provider), irrespective of whether they are known to the hirer or not, were an intended guest at the event or not, or caused by a non-insured employee of another Service Provider – thus it becomes the hirers responsibility to pay all damages / loss to the Service Provider, and recover such costs from the individual causing loss / damage on their own accord.
8.4 - The hirer agrees not to tamper with, and / or modify, or allow any third party to tamper with and / or modify the workings of any equipment and the accompanying accessories in anyway what so ever. Any damage caused as a result of such actions will be charged to the hirer by the Service Provider.
8.5 - The hirer will notify the Service Provider immediately if there is any loss and / or damage to the rented equipment due to accident, negligence and / or improper use. Not using the equipment and accompanying accessories in accordance with the Service Providers and manufacturer’s instructions, not utilising the equipment and accompanying accessories for their intended use, allowing the rented equipment and associated accessories out of the lessees personal control or possession, or failing to protect the rented equipment and accessories from damage or loss – all constitute “improper use”.
8.6 - The hirer further agrees to pay the cost of replacement or repairs for hired equipment (and accompanying accessories) up to the retail price of the rented equipment / accessories when damage or loss is due to accident (including foreseen & unforeseen events), negligence, and / or improper use (excluding that caused by employees of the Service Provider).
8.7 – The Service Provider is authorised to with-hold the return of the full Security Bond (or part there-of) paid by the hirer in the instance of loss or damage to equipment and accompanying accessories (excluding that caused by employees of the Service Provider). All outstanding costs associated with loss and / or damage to the equipment will be due 14 days following the end of the agreed period of rental. Hirers failure to pay such costs within 14 days, or reach an agreed payment term with the Service Provider, will result in additional measures being taken to recover such costs.
8.8 - The hirer understands that the Service Provider is unable to insure mobile equipment / accessories outside of the Service Providers trading premises. The hirer understands that they hold sole responsibility in obtaining optional (as desired) temporary insurance cover through their own insurance Service Provider of choice for loss / damage to the hired equipment and accompanying accessories (excluding that caused by employees of the Service Provider) during the agreed period of hire [4.0].
9.0 EQUIPTMENT FAILURE
9.1 – The Service Provider prides ourselves in supplying quality, operatable, reliable and modern equipment. In the unlikely event of equipment and / or accessory malfunction, breakdown, failure or defect – the office should be contacted immediately on 1300 300 042.
9.2 - The hirer will not attempt to repair the equipment themselves. They will instead be offered troubleshooting advice if available by a Service Provider employee
9.3 - If available and reasonably practical, a like-for-like replacement unit may be offered.
9.4 - In the event that such a malfunction, breakdown, failure or defect is caused by reasonable wear and tear, or it was inherent in the equipment at the time of the hire and was not caused by, or contributed to by accident, negligence, improper use, hirer error or other adverse event (as identified in clause [8.0]), the equipment will be inspected upon return to the Service Provider and an appropriate rectification made to the Hire / Service agreement and the associated charges (i.e. proportionate or full refund will be made at the discretion of the Service Provider).
9.5 - In no event will the Service Provider be held responsible for any expenditure, damages or loss incurred by the hirer as the result of any malfunction, breakdown, failure or defect in the equipment - whether it was the result of fair wear and tear, lack of repair of the equipment, negligence or accident on part of the Service Provider or hirer, foreseen and unforeseen global / environmental events, or any other reason. An appropriate rectification will however be made to the Hire / Service agreement and the associated charges (i.e. proportionate or full refund will be made at the discretion of the Service Provider).
9.6 - No responsibility will be taken by the Service Provider for inoperable equipment resulting from hirer error in its use, failures resulting from external providers (i.e. insufficient network coverage for Photo Booth social media capabilities), or temporary (but practically resolvable) technical difficulties with equipment and accessories (i.e. temporary equipment failures or interruption to services.
9.7 - In no event will the Service Provider be responsible for any loss or damage to property or injury to persons caused by equipment, or arising out of the use thereof, or any other reason during the agreed period of hire [4.0].
10.0 TERMINATION OF HIRE / SERVICE
10.1 – The Service Provider reserves the right to terminate the Hire Service Agreement at any time if the Hire Service Agreement is considered to have been breached, or there is evidence to suggest that a breach is imminent
10.2 – Furthermore, the Service Provider also reserves the right to immediately terminate any DJ-Serviced Event whereby the function type is wrongfully and intentionally disclosed as being significantly different to that found to be the event-type on the day (i.e. a booking disclosed to be a 40th birthday found to be a Wedding Reception).
10.3 – The Service Provider will not be required to refund hire costs when terminating the Hire Service Agreement in the circumstances of the Hire / Service Agreement being breached, or evidence suggesting such a breach is imminent.
11.0 COMPANY, OWNERSHIP & RESPONSIBILITY
11.1 - ‘The Service Provider ensures that all equipment and associated accessories are maintained to the highest standard
11.2 - In no event will The Service Provider be responsible for any loss or damage to property or injury to persons caused by equipment, or arising out of the use thereof, or any other reason during the agreed period of hire [4.0].
11.3 – The Service Provider holds limited liability in the context of Public Liability Insurance. The hirer is encouraged to seek additional public liability insurance for their event or function to cover loss / damage to property or person arising from incidents not related to the provision of services by the Service Provider, together with general insurance to cover replacement costs for lost or damaged equipment (as stipulated in clause [8.8])
11.4 - All equipment and associated accessories remain the property of the Service Provider and may not be in the possession of another individual and in the absence of the hirer without prior approval. The equipment may only be used at the address specified on the Booking Confirmation / Invoice, or as previously arranged with the Service Provider. Hire Equipment / Services under Cross-Hire arrangements are excluded in this clause.
11.5 – The Service Provider assumes full ownership of digital materials which include, but are not limited to, Professional Photographs taken by Photographers as employees of the Service Provider, Digital Files obtained from our Photo Booth Services, and sample pictures of Equipment setups and services for use in marketing materials and for the Service Providers own social media promotion.
11.3 – The Service Provider provides private mobile DJ Services in accordance with the Phonographic Performance Company of Australia Ltd (PPCA), under group license # 100014. The Service Provider otherwise provides equipment hire services only, thus the client holds the responsibility in obtaining appropriate music broadcasting license with PPCA, and music reproduction license with the Australian Record Industry Association (ARIA) – dependant on their event and broadcasting requirements. Furthermore, a public exhibition license is also required by the hirer for the public exhibit of copyright protected visual material (i.e. broadcasting a licensed movie on an outdoor cinema screen to a public audience, or to a private group in a public location).