EVENT EQUIPMENT HIRE AGREEMENT

This Event Equipment Hire Agreement (Agreement) is entered into by Phase360 (ABN 72 853 431 215) and the Hirer.

1. Hire Agreement

1.1 A Hire Agreement is formed when We issue a Hire Schedule to You, whether accepted in writing, electronically, verbally, or by You taking delivery or allowing installation of the Equipment.

1.2 This Hire Agreement applies to all Equipment hired by You.

1.3 The Hire Agreement consists of, in order of precedence:

(a)    these Terms of Hire;

(b)    the Hire Schedule; and

(c)    any Special Conditions specific to the Equipment or Event.

1.4 Any terms contained in any document supplied by You (including purchase orders or venue documents) do not form part of this Hire Agreement unless expressly agreed in writing by Us. 

2. Our Hire Commitment

2.1 We agree to:

(a)    hire the Equipment to You for the Hire Period;

(b)    provide the Equipment in good working order at the commencement of the Hire Period; and

(c)    subject to this Agreement, allow You to use the Equipment for the Event.

2.2 We do not warrant that the Equipment is suitable for any specific Event purpose, venue or outcome. 

3. Hire Period

3.1 The Hire Period commences at the earlier of:

(a)    when You or Your representatives take possession of the Equipment; or

(b)    when the Equipment is delivered to the Event Site.

3.2 The Hire Period ends at the earlier of:

(a)    completion of the agreed bump-out and collection of the Equipment by Us; or

(b)    the date and time specified in the Hire Schedule.

3.3 The Hire Period includes weekends, public holidays, bump-in and bump-out periods.

3.4 Delays caused by venue restrictions, access issues, weather, curfews, acts of third parties or Force Majeure do not automatically reduce the Hire Period or Hire Charges.

4. Minimum Hire Periods

Unless otherwise stated in the Hire Schedule, the following Minimum Hire Periods apply:

If Equipment is returned early, Hire Charges for the Minimum Hire Period remain payable.

5. Hire Charges and Payment

5.1 You must pay the Hire Charges specified in the Hire Schedule.

5.2 Hire Charges apply for the full Hire Period regardless of actual usage.

5.3 All invoices are payable within 7 days of invoice date unless otherwise agreed.

5.4 Hire Charges are exclusive of GST.

5.5 Late payments may incur interest at the rate of the 90-day Bank Bill Swap Rate plus 3% per annum.

6. Additional Charges

You agree to pay additional charges for:

(a)    delivery, installation, dismantling and collection;

(b)    delays caused by venue access, curfews or instructions;

(c)    after-hours labour;

(d)    cleaning, repair or replacement;

(e)    damage caused by patrons, weather, liquids or third parties;

(f)     additional labour required due to site conditions;

(g)    cancellation within 48 hours of bump-in;

(h)    credit card surcharges;

(i)     any applicable LTD Waiver Fee.

7. Risk & Responsibility

7.1 You acknowledge that Events may be conducted indoors or outdoors and that outdoor Events involve increased risk including weather, wind, ground conditions and public access.

7.2 Risk in the Equipment passes to You upon delivery or bump-in and remains with You until collection or bump-out, regardless of whether the Event is held indoors or outdoors.

7.3 You are responsible for ensuring the Event Site is suitable for the Equipment, including ground conditions, roof loadings, access, weather exposure and crowd control.

7.4 Wet Weather & Electrical Disclaimer

(a)    You acknowledge that electrical and electronic Equipment is susceptible to damage, failure and safety risks when exposed to rain, moisture, humidity or condensation.

(b)    Unless expressly agreed in writing, We do not warrant that Equipment is suitable for operation in wet weather.

(c)    You are responsible for providing adequate weather protection, raised cabling, RCD protection and safe power isolation.

(d)    We may suspend power, isolate Equipment or require shutdown where wet weather presents a safety risk, without liability.

(e)    Damage caused by moisture or wet weather is not covered by the LTD Waiver.

7.5 We may suspend, modify or require the dismantling of staging, truss or rigging where weather conditions, including wind or rain, create a safety risk. Any such action does not constitute breach or failure to perform.

8. Your Obligations

8.1 You must:

(a)    use the Equipment only for the Event and in accordance with all manufacturer instructions and Australian Standards;

(b)    ensure the Equipment is installed, erected, operated and dismantled by competent and suitably qualified persons;

(c)    where Equipment includes staging, truss or rigging, ensure all works are carried out by licensed riggers where required by law and in accordance with all applicable WHS legislation and codes of practice;

(d)    protect the Equipment from weather, crowd interference, liquids and impact;

(e)    ensure a stable and compliant power supply, including appropriate protection against surges and overload;

(f)      comply with all workplace health and safety, electrical safety and venue rules;

(g)     ensure the Equipment is not overloaded, misused or altered; and

(h)    prevent unauthorised access to the Equipment by patrons or third parties.

8.2 You must not:

(a)    modify, repair, reconfigure or relocate the Equipment without Our prior written consent;

(b)    attach signage, décor, banners, lighting or other items to staging or rigging without Our approval;

(c)    exceed load ratings or use the Equipment in a manner inconsistent with engineering specifications;

(d)    permit any person other than approved event contractors, technicians or riggers to interact with the Equipment.

9. Operators, Riggers & Contractors

9.1 Where staging, truss or rigging is supplied, You acknowledge that improper installation or loading presents a risk of serious injury or property damage.

9.2 Any third-party contractors, including riggers, technicians, venue staff or performers who install, load, adjust or interact with the Equipment are deemed to be under Your direction and control.

9.3 We are not responsible for the acts or omissions of any such persons once the Equipment is under Your control at the Event Site.

9.4 Unless expressly agreed in writing, We do not provide engineering certification, load calculations or sign-off for staging or rigging installed or modified by third parties.

10. Delivery, Bump-In & Bump-Out

10.1 You must ensure clear, safe and timely access to the Event Site for delivery, bump-in and bump-out.

10.2 For outdoor Events, You must ensure:

(a)    adequate weather protection is in place;

(b)    suitable ground conditions, including level and compacted surfaces;

(c)    sufficient space for ballast, anchoring or temporary supports;

(d)    compliance with venue, council and WHS requirements.

10.3 Delays caused by weather, venue access restrictions or safety concerns may result in additional charges.

11. Return of Equipment

11.1 Equipment must be returned clean and in good working order, fair wear and tear excepted.

11.2 Cleaning and repair time continues the Hire Period.

12. Breakdown, Loss or Damage

12.1 You must immediately notify Us of any breakdown, loss, theft or damage.

12.2 Theft must be reported to police.

12.3 You remain liable for Hire Charges during repair or replacement.

13. Loss, Theft & Damage Waiver (LTD Waiver)

13.1 The LTD Waiver (where applied) limits Your liability for loss, theft or damage to the Equipment subject to this clause. The LTD Waiver is not insurance.

13.2 The LTD Waiver does not apply to loss, theft or damage arising from or caused by:

(a)    patrons, crowds or audience interaction;

(b)    liquids, food or beverages;

(c)    weather exposure where reasonable protective measures were not implemented;

(d)    power surges, incorrect power supply or inadequate power protection;

(e)    overloading, improper rigging or failure to comply with load ratings;

(f)      unauthorised modification, relocation or alteration of the Equipment;

(g)    negligence, misuse or breach of this Agreement.

14. Insurance

14.1 You must maintain for the duration of the Hire Period:

(a)    public liability insurance with a minimum limit of indemnity of $20 million per occurrence, covering the Event and the Event Site;

(b)    workers compensation insurance as required by law; and

(c)    insurance covering the full replacement value of the Equipment unless the LTD Waiver applies.

14.2 Where staging, truss or rigging is supplied, Your public liability insurance must expressly cover temporary structures and rigging activities.

14.3 Certificates of currency must be provided to Us upon request prior to bump-in.

15. Cancellation, Weather & Force Majeure

15.1 Cancellations must be made in writing. Cancellation fees may apply at Our discretion.

15.2 Outdoor Events remain at risk of adverse weather. Weather conditions do not automatically constitute force majeure.

15.3 Where weather conditions make an Event unsafe, We may:

(a)    delay installation or dismantling;

(b)    modify the scope of Equipment supplied;

(c)    require partial or full dismantling of staging or rigging.

15.4 You remain responsible for Hire Charges incurred up to the time of suspension or cancellation.

15.5 Force majeure applies only to events beyond reasonable control, excluding forecast or seasonal weather.

16. Miscellaneous

16.1 This Agreement is governed by the laws of New South Wales.

16.2 This Agreement applies equally to indoor and outdoor Events.

16.3 If any provision is unenforceable, the remainder remains in force.

16.4 This Agreement constitutes the entire agreement between the parties.

Schedule A – Rigging & Staging Conditions

A1. This Schedule applies where staging, truss, rigging or temporary structures are supplied.

A2. All staging and rigging must be installed, loaded and dismantled in accordance with:

(a)    manufacturer specifications;

(b)    Australian Standards;

(c)    SafeWork NSW requirements;

(d)    venue rules and conditions.

A3. Only competent and suitably qualified personnel may install, adjust or load staging or rigging. Licensed riggers must be used where required by law.

A4. No additional loads, signage, décor, lighting, audio, video or scenic elements may be attached without Our prior written approval.

A5. Load limits must not be exceeded under any circumstances. Dynamic loads, crowd interaction and performer movement must be considered by You.

A6. Outdoor staging and rigging must include appropriate ballast, anchoring and wind management measures suitable for site conditions.

A7. We may require modification, reduction or dismantling of staging or rigging where safety is compromised due to weather, ground conditions or unauthorised loading.

A8. Unless expressly agreed in writing, We do not provide engineering certification, load calculations or compliance sign-off for staging or rigging altered or loaded by third parties.

Schedule B – Power & Generators Conditions

B1. This Schedule applies where power distribution equipment, generators, cabling, switchboards or electrical infrastructure (Power Equipment) are supplied.

B2. You acknowledge that temporary event power carries inherent risk and must be planned, installed and managed appropriately.

B3. Unless expressly agreed in writing, You are responsible for:

(a)    confirming total electrical load requirements, including peak and start-up loads;

(b)    ensuring compatibility of all client-supplied, third-party or performer equipment;

(c)    providing accurate information regarding power demand prior to the Event;

(d)    ensuring sufficient fuel supply for generators for the duration of the Event;

(e)    monitoring fuel levels where generators are unattended.

B4. Power Equipment must be operated only in accordance with:

(a)    manufacturer specifications;

(b)    Australian Standards;

(c)    SafeWork NSW and electrical safety legislation;

(d)    venue rules and requirements.

B5. All electrical connections, distribution and isolation must be:

(a)    protected by RCDs where required;

(b)    elevated or protected from water ingress;

(c)    installed to prevent trip hazards, mechanical damage or public access.

B6. We are not responsible for:

(a)    damage to third-party or client equipment caused by power fluctuations, outages, surges or load imbalance;

(b)    interruption to the Event caused by insufficient power capacity or inaccurate load information;

(c)    fuel contamination, fuel theft or refuelling delays where fuel management is under Your control.

B7. For outdoor Events, You must ensure Power Equipment is adequately weather protected. Wet weather damage is not covered by the LTD Waiver.

B8. We may suspend, isolate or shut down Power Equipment where continued operation presents a safety risk, without liability for interruption or loss.

B9. Unless expressly agreed in writing, We do not provide continuous on-site power technicians or generator attendants.

Definitions

Agreement means Phase360’s Event Equipment Hire Agreement, including all Schedules and any accepted quote.

Bump In means the agreed time for delivery and installation of the Equipment at the Event Site.

Bump Out means the agreed time for dismantling and collection of the Equipment from the Event Site.

Business Day means a day other than a Saturday, Sunday or public holiday in New South Wales.

Equipment means all equipment hired from Phase360, including (without limitation) audio visual equipment, lighting, staging, truss, rigging, LED screens, generators, power distribution, cabling, furniture, décor, temporary structures, signage and accessories.

Event means the event, activation, performance, exhibition, function or production specified in the quote or Hire Schedule.

Event Site means the venue or location at which the Event is held, including all access points and associated areas.

Force Majeure means an event beyond reasonable control, excluding forecast or seasonal weather, including acts of government, fire, flood, riot or industrial action.

Hire Charges means all charges payable for hire of the Equipment, including rental, transport, labour, standby time, delay charges and additional costs.

Hire Period means the period commencing on delivery or Bump In and ending on collection or Bump Out, unless otherwise stated in writing.

Hirer / You / Your means the person or entity hiring the Equipment from Phase360.

LTD Waiver means any loss, theft or damage waiver offered by Phase360, subject to exclusions.

Phase360 / We / Us / Our means Phase360 (ABN 72 853 431 215).

Power Equipment means generators, power distribution boards, switchboards, cabling, connectors and associated electrical infrastructure.

Quote means a written or electronic quotation issued by Phase360 and accepted by the Hirer.

Schedules means Schedule A (Rigging & Staging Conditions), Schedule B (Power & Generators Conditions) and any additional schedules issued by Phase360.

Temporary Structures means any temporary staging, platforms, truss, towers, roofs or rigging structures supplied for the Event.

WHS means work health and safety legislation, regulations and codes of practice applicable in New South Wales.