CONDITIONS OF HIRE / SERVICE
UPDATE 01/06/2020: COVID-19 PANDEMIC - CONTINUED VARIATION TO OUR BOOKING TERMS & CONDITIONS
Variation of Existing Bookings & New Bookings Made Before Wednesday 30th September 2020
& Extendable Subject to further notification
Tailored Events group recognises the evolving impact of the Covid-19 Pandemic on the local event and entertainment industry. With the situation changing on a daily basis we appreciate the difficulty for event organisers or hosts in making a balanced decision about whether to proceed, postpone or cancel their event.
Tailored Events Group acknowledges such difficulties and we have therefore made amendments to our standard Booking Terms & Conditions to facilitate greater flexibility for you in coordinating up-coming events. This is in addition to any standard Consumer Rights.
For any exisiting or new bookings made up until midnight Friday 31st July 2020 we are offering the following options:
Proceed with your Event:
It’s business at usual amongst the Tailored Events team. We are taking additional steps to minimise the risk of surface transmission including the cleaning / sanitisation of hire equipment, and sanitisation of photo booth props given their communal use. Of course we also appreciate that some guests may wish to remove props from their Photo Booth order. Reserve staffing measures are also being put in place.
Postpone Your Event:
In the event you wish to postpone your event we will happily re-schedule this to an alternate date within 24 months free of charge whilst subject to availability, providing up to 72 Hours notice is provided prior to your event, or the request is made prior to midnight Sunday 30th April 2020 (whichever comes first). The original pricing structure as stipulated on your Booking Confirmation / Invoice will remain the same, unless your newly appointed date falls on a public holiday or attracts an ultra-peak surcharge (Christmas Eve, Christmas Day and New Years Eve). In the event you are unsure of a new date we are more than happy to maintain your booking as pending and awaiting an allocation of date.
THIS DOCUMENT MAY NOT BE COPIED, RE-PRODUCED OR RE-TRANSMITTED IN ANY FORM
The Hirer must be over 18 years of age to enter into this Hire / Service Agreement. This Hire / Service agreement forms a legally-binding contract between the client and the service provider - ‘TAILORED EVENTS GROUP’ (ABN: 30 233 617 265), also known under the sub-business identities of ‘YOU DJ NOW’ and ‘YOU SNAP NOW PHOTO BOOTHS’. The service provider contracts bar services from ‘TAILORED BARS’ (ABN: 38 101 603 355) and a separate Hire / Service Agreement applies for the provision of such equipment and services by this supplier.
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 ‘Tailored Events Group’ and its sub-business identities of ‘You DJ Now’ and ‘You Snap Now Photo Booths’, under ABN: 30 233 617 265. This is inclusive of the business owner/s, 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 jockey (DJ’s) services, photo booth services (and it’s attendants), photographers, service technicians and other 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, a booking deposit (or commencement of a payment plan with the completion of the first payment) has been received from the hirer (as stipulated in Clause [5.4]), and written confirmation is issued by the service provider.
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 (deducted as a Booking Fee). Please note an exemption to this may conditionally apply to some bookings as listed under “Special Conditions” on the Booking Confirmation / Invoice. The service provider does however acknowledge the impact of unforeseeable events. Therefore every attempt will be made to offer an alternate date at our discretion and subject to availability, or the application of an account credit for use within a 12 month period. Please note that this offering does not extend to contracted services, including that delivered by ‘Tailored Bars’.
3.2- Amendments to individual hire or service items and period of hire are permitted post-payment of deposit / confirmation of booking where they can be accommodate. The post-amended price must however be equal to, or greater than the original quoted 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 booking confirmation / invoice attached to the Hire / Service Agreement. The period of hire will commence upon the delivery of equipment and / or services to the hirer by the service provider (whichever comes first). The period of hire will conclude upon the collection of equipment from the hirer and / or cessation of servicesby the service provider (whichever comes last).
5.0 HIRING CHARGES
5.1 - All service charges are identified for the hirer within the Booking Confirmation / Invoice.
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 or contracted service providers 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 (charged as a booking service fee) 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 (via Electronic Funds Transfer) 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 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 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 OF EQUIPMENT
6.1 – Full payment of the Outstanding Balance is required prior to the commencement of installation / setup.
6.2 – Upon arrival for the installation of equipment at the agreed time, the hirer is responsible for ensuring that access to the venue or place of installation is made available to the service provider or appointed sub-contractors within fifteen (15) minutes of the agreed time. Failure to do so incurs a delay fee of $30.00 for every fifteen (15) minute interval or part-thereof, up to a maximum of $120.00 for the facilitation of a special re-delivery that falls outside of our regular delivery cycle. If for any reason the hirer suspects a delay may impede on the delivery and / or installation of equipment, they must contact the service provider immediately on 1300 300 042 (24/7) whereby we will make every attempt to accommodate your needs without penalty.
6.3 – All provided equipment and accessories will only be set-up in a fully covered (in the event of adverse weather at the service providers discretion), 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. 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.
6.4 – For where equipment is delivered and installed / ‘set-up’ by the service provider or appointed sub-contractors, 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 ‘Tailored Events Group 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.
6.5 – Upon the re-collection / removal of equipment at the agreed time, the equipment must be made available to the service provider or appointed sub-contractors 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, up to a maximum of $120.00 for the facilitation of a special re-collection that falls outside of our regular delivery cycle. Where the equipment is not made available and returned by close of business, the hirer agrees to pay the equivalent of an additional nights hire at the discretion of the service provider.If for any reason the hirer suspects a delay may impede on re-collection of equipment, they must contact the service provider immediately on 1300 300 042 (24/7) whereby we will make every attempt to accommodate your needs without penalty. The service provider 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.
6.6 - 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 / Invoice, or confirmation via other means prior to your event. You will however be contacted by a staff member if an unlikely delay is imminent.
6.7 - 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 ‘Tailored Events Group’ team.
6.8 - 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 EQUIPMENT
7.1 - The hirer hereby accepts complete responsibility on behalf of all patrons (excluding employees of the service provider or appointed sub-contractors) 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 (whom are not employees of the service provider or appointed sub-contractors) / 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 EQUIPMENT
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 or appointed sub-contractors), 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 outside of their intended use. 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 or appointed sub-contractors).
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 provider of choice for loss / damage to the hired equipment and accompanying accessories (excluding that caused by employees of the service provider or appointed sub-contractors) during the agreed period of hire [4.0].
9.0 EQUIPMENT FAILURE / SERVICE DELIVERY DIFFICULTIES
9.1 – The service provider prides themselves 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 an employee of the service provider or appointed sub-contractor.
9.3 - If available and reasonably practical, a like-for-like replacement 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 agreed Invoice and the associated charges (i.e. proportionate or full refund will be made at the discretion of the service provider in accordance with local consumer and fair trading laws).
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 or cancellation of services - 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 or weather events, or any other reason. An appropriate rectification will however be made to the agreed Invoice and the associated charges (i.e. proportionate or full refund will be made at the discretion of the service provider in accordance with local consumer and fair trading laws).
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 telecommunications network coverage for photo booth social media capabilities, or power outages), or temporary (but practically resolvable) technical difficulties with equipment and accessories.
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, for any other reason outside of our obligations and duties as a service provider 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 made for a Birthday Party that is later disclosed 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 outside of our obligations and duties as a service provider during the agreed period of hire [4.0].
11.3 – The service provider holds limited liability in the context of Public Liability Insurance. A Certificate of Currency is available upon request. 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 or appointed sub-contractors 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. The service provider assumes no responsibility for loss or damages (whether it be financial or personal in nature) that arise from the publication of digital materials. The service provider must be advised in writing of any request for digital materials not to be used publically as we will willingly accommodate this. We are however obliged to provide all digital materials to public sector authorities irrespective of the hirers consent as required under common law (i.e. where requested or summonsed by Western Australian Police).
11.3 – The service provider provides private mobile disc jockey 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 visual material screen to a public audience, or to a private group in a public location).