HIRE AGREEMENT TERMS & CONDITIONS
1. Forefront Productions ALV Pty Ltd (hereinafter referred to as Forefront) agrees to hire equipment as set out in the Rental Contract/Quote document for the mutually agreed period to the hirer, subject to the following terms and conditions.
2. The hirer agrees with Forefront that by accepting the quotation provided them by Forefront they acknowledge and agree to the following terms:
(a) No equipment is held or reserved and therefore not guaranteed to be available until acceptance of quote.
(b) All of the equipment/service requirements must be confirmed in writing to ensure your specific requirements are met. No verbal confirmations will be accepted or constitute an acceptance.
(c) All terms must be agreed to prior to hire.
(d) If any or all of the quoted requirements change whatsoever, at any stage after acceptance of the original quote, further fees may apply and therefore be charged to and payable by the hirer/client, unless otherwise agreed to in writing.
(a) The equipment remains the property of Forefront and the hirer will not sell, charge or part with the equipment.
(b) The hirer will permit or produce permission for Forefront, its agents or servants to enter the premises where the equipment is installed at all reasonable times on reasonable notice in order to inspect the equipment or carry out repairs.
(c) The hirer will notify Forefront immediately if any judgment or order is levied upon the hirer or the hirer’s property.
(d) Upon termination of this agreement, the hirer will deliver up the equipment to Forefront or grant access at the address where, in accordance with these terms and conditions and the Rental Contract/Quote the equipment should be located.
(a) The hirer will keep the equipment at the address where it is first installed unless written permission for its removal is obtained from Forefront.
(b) The hirer will use the equipment in a careful and proper manner for the purpose it was intended.
(c) The hirer will not repair, alter, interfere or tamper with the equipment, or let anyone else do so.
(d) The hirer will be responsible for the supervision of the equipment and materials during the event and any injury sustained by general public, events staff, performers or guests, due to the use or misuse of the equipment installed.
(e) The hirer will not permanently mark, drill into, deface or alter in any way any part of the equipment supplied by Forefront.
(f) Where the hire is over multiple days and the equipment is to be set up and left overnight/days, it is the hirers responsibility to ensure adequate security services have been employed to protect the equipment from theft and/or damage.
(g) Any additional labour, equipment or materials required after confirmation and hirer’s receipt of goods or service will be an additional charge to the hirer.
(a) The hirer will ensure the equipment is returned to Forefront in the same condition it was delivered and installed by Forefront or collected from Forefront by the hirer.
(b) If the hirer fails, for any reason whatsoever to return the equipment to Forefront by 10.00am on the expiry date of the term of hire or the day of termination of the agreement, or other date and time as specified in the hire agreement or agreed to in writing, the hirer will, without prejudice to Forefront, be liable and agrees to pay Forefront an amount equal to the regular undiscounted daily rate per item as at Forefronts rate effective at the time the hirer retains the equipment and in any event pay a full day’s rental for any part of a day while the hirer so retains it.
(c) Where for any reason whatsoever Forefront is delayed in the delivery, pickup, setup, pack up, bump in, bump out, delayed event start, delayed event end, extended event running time to that which has been quoted and accepted, all associated labour penalty rates, additional labour charges, additional transport charges and additional associated costs will be borne by the hirer and paid in full with 48 hours.
(d) Forefront may at its own discretion agree to waive any late fees where the hirer advises Forefront of any unforeseen and uncontrollable circumstances
(a) The hirer will be liable to pay for any damages to the equipment, including cleaning charges if deemed necessary by Forefront in the discretion of Forefront.
(b) The hirer will be responsible for any damage to or loss of the equipment howsoever caused, whether by fire, water, impact, power surge or any other mechanical or chemical process, theft burglary, the hirers own act or omission or any other cause whatsoever as from the time the equipment leaves the owners premises or possession and whether the hirer has entered into possession of same or not and whether the same is in transit or the possession of third party on the hirers behalf, which third party shall hereby be deemed to be acting as agent for the hirer and upon demand.
(c) The hirer shall pay Forefront in the case of damage, such amount being the equipment replacement value plus loss of use costs in respect to the equipment.
(d) The hirer will notify Forefront immediately any judgment or order is levied upon the hirer or the hirer’s property.
(a) The hirer is responsible for all insurances (including Public Liability) associated with the hire/event including weather, fire, theft, malicious damage, storm and tempest.
(b) The hirer will produce evidence of such insurance if requested by Forefront.
(c) No goods/equipment are covered by insurance whilst on hire or in transit.
(d) These terms apply in all instances including when Forefront personnel operate and/or supervise the assembly and disassembly of the equipment.
Labour, Delivery & Pick up
(a) Labour charges are based on the bump in, bump out (including travel) and/or operating times provided by to Forefront by the hirer. If additional labour is required beyond those dates and times listed, additional charges may apply payable by the hirer.
(b) Delivery and pick up charges cover the delivery and pick up of equipment by Forefront to and from the venue specified by the hirer only and do not cover bump in or bump out by Forefront of any of the equipment in any circumstance.
(a) Any payment received that does not clear the Forefront account will attract a standard bank penalty of $65 including GST.
(b) Forefront reserves the right to cancel goods and services at any time if payment is not received by our office as per the terms nominated in this hire or otherwise agreed to in writing.
(c) Any hirer who does not pay any monies owing to Forefront by the due date will be provided one opportunity to rectify within a specified period determined at the discretion of Forefront. If the hirer does still not pay, Forefront will engage a debt collector or legal representative. Once passed to the debt collector or legal representative, Forefront no longer has control of the account and the debt collector /legal representative will resolve the issue directly with the hirer and ALL costs, including agency commission, legal fees, interest, administration fees, collection fees and any other associated costs will be the liability of the hirer in addition to the original amount owing.
Right to Cancel
Forefront reserves the right to cancel the hire and/or services requested by the hirer at any time if;
(a) The hirer fails to pay any monies payable to Forefront pursuant to this agreement;
(b) Forefront forms the opinion that damage may result to the equipment requested;
(c) There is a non-compliance of safety requirements which may result in damage to the equipment or injury to personnel or others;
(d) The hirer (being of natural person) has an order of bankruptcy made against him or her;
(e) An application for the liquidation of the hirer (being a company) is made.
The hirer is liable for and indemnifies Forefront against all liability, claims, damage, loss, costs and expenses (including, without limitation loss of income, loss of recorded media or files, loss of broadcast, streaming or narrowcast capabilities, legal fees, costs and disbursements on a full indemnity basis, whether incurred or awarded against Forefront) in respect of:
(a) Equipment failure or damage;
(b) Personal injury;
(c) Damage to property;
(d) A claim by a third party,
in respect of hire or use of the equipment by the hirer or breach of this agreement by the hirer.
Each indemnity in this Hire Agreement is a continuing obligation, separate and independent from the other obligations of the parties and survives termination, completion and expiration of this Hire Agreement. It is not necessary for a party to incur expense or make any payment before enforcing a right of indemnity conferred by this Hire Agreement.
Forefront will not be liable to the hirer for any acts or omissions of any person supplied by Forefront where that person is acting under the direction of the hirer during the Hire Period and the hirer indemnifies Forefront against all liability, claims, damage, loss, costs and expenses (including, without limitation, legal fees, costs and disbursements on a full indemnity basis, whether incurred or awarded against Forefront) arising from or incurred in connection with such.
Safe working Environment
The hirer agrees to supply a safe working environment. Should Forefront or any of its agents deem that the working environment or task asked of Forefront’s servants or agents be unsafe or not meet current safety codes or regulations, or be outside of the scope of work or capability of any individual, Forefront has the right to refuse until such safety issues are remedied and Forefront will not be liable for any costs or losses, and the hirer agrees to pay Forefront for any subsequent increase in costs that may be incurred, whether by additional labour, time delay or otherwise.
ADDITIONAL TERMS FOR DRY HIRE
Dry Hire refers to the hire of equipment where Forefront personnel are not required to operate any equipment. Equipment in some cases may be delivered and/or picked & setup or packed down by Forefront Productions which still constitutes a Dry Hire.
Unless otherwise agreed to in writing;
Proof of Identity
(a) The hirer will provide the owner with proof of identity. Passports, proof of age cards or identity cards alone not showing current address details are not permitted as proof of identity. An interim receipt or non-photo drivers licence is not acceptable as proof of identity.
(b) Payment in cleared funds is to be made in full before the equipment leaves the possession of the owner. A 3% processing fee applies for all credit card payments.
(c) A security bond of $200 or 20% of the total hirer, whichever is greater, is to be paid at time of collection by cash, credit card or Eftpos so long as it is in cleared funds at the time of pick up.
Call out / Technical Support
(a) The hirer acknowledges that ALL equipment is thoroughly tested and has passed correct working order checks BEFORE it leaves Forefronts warehouse.
(b) Should the hirer request technical support via phone/email, and the fault is found to be user error, insufficient user experience in the setup to operation of the equipment, environment causes outside of the control of Forefront, or damage incurred after leaving Forefronts warehouse, the following charges will apply:
a. Support during the hours of 8am – 5pm Monday – Friday, $88.00 per hour, minimum 1 hour charge, charged in 1 hour increments
b. Support after 5pm and prior to 8am Monday - Friday or Friday after 5pm & prior to 8am Monday $110.00 per hour, minimum 1 hour charge, charged in 1 hour increments.
ADDITIONAL TERMS FOR PRODUCTION HIRE
Production Hire refers to the hire of equipment as well as the bump in/out and operation of equipment. Production Hire terms also apply for labour only hires.
Unless otherwise agreed to in writing;
(a) For hires that require Forefront to setup and/or operate said hire, the following payment terms apply:
30% deposit on confirmation - no later than 21 days prior to bump in
30% no later than 7 days prior to bump in
40% one day prior to bump in
(b) The final payment of the balance is required as cleared funds in our account.
(c) If you are an established (account) customer/client/hirer, the confirmation terms (as above) are still relative; however, deposits and progress payments may vary as per your written agreement with Forefront.
(a) The hirer acknowledges that in the event of any breach or cancellation of this agreement, the deposit will be forfeited and become the absolute property of Forefront without any prejudice to any other claim Forefront may have against the hirer.
(b) Cancellation fees are payable as below;
15 – 21 days prior to bump in 30% of the balance of the total quoted fee (or deposit amount)
8-14 days prior to bump in 60% of the balance of the total quoted fee
2 – 7 days prior to bump in 80% of the balance of the total quoted fee
Within 48 hours prior to bump in 100% of the total quoted fee
(a) If any Forefront personnel are on site longer than five (5) hours, it is the responsibility of the hirer to ensure that food and liquid drinks (including fresh drinking water) are available on site and available at all times. No Forefront personnel are to work longer than five (5) hours consecutively without a meal break, meals which are to be provided by the client.
(b) Should the client fail to provide meals or a meal break, a rate of $30 per person, per meal will be invoiced to the hirer and payable within 3 days of issue.
(a) Forefront shall not be liable for any delay or failure to perform under this agreement if any such delay or failure is caused or prohibited by the conditions of force majeure including strikes, labour dispute, fire, breakdowns of commercial transportation, acts of God, acts of terror or threat thereof, acts or restraints of any government agency or any similar such events which are beyond the reasonable control of Forefront.
Where Forefront are actively involved in the bump in, operation and bump out of hire, the following weather clauses become valid:
(a) Wet Weather: Forefront reserves the right to take whatever action deemed necessary if heavy, consistent rain occurs or if possible harm or danger is eminent to equipment or any persons, any additional charges is to be settled by the hirer.
(b) Hot Weather: Forefront reserves the right to take whatever action deemed necessary if extreme hot weather is encountered for the duration of bump in, event and bump out of (36° C or above).