All DJ and/or equipment hirers, are subject to our standard hire terms & conditions
TERMS AND CONDITIONS OF HIRE
Terms and Conditions of Hire These conditions of hire apply to all hires by the Company to each Customer unless the Customer is otherwise notified in writing.
Unless otherwise stated in writing the Company’s quotation will be valid for a period of up to 14 days from date of issue, after which time acceptance of any order placed is subject to written confirmation. Acceptance of the quotation is subject to written confirmation, payment of deposit and any hiring fee and acknowledgement of the Company’s Terms & Conditions of Hire by an authorised person on behalf of the Customer.
- DEPOSITA deposit of minimum $100 is required to secure the hire of equipment at time of booking.
The Customer agrees to pay a deposit to the Company to cover the costs associated with:
- Damage resulting from overloading, exceeding rated capacity, misuse, abuse or improper servicing of Equipment;
- Damage or loss due to disappearance of the Equipment;
- Damage caused by the use or operation of Equipment In contravention to any of these Terms;
- Damage to, or, loss of, the Equipment from any unknown cause.
The deposit will be part of your full payment after the event has concluded, unless damage has occurred.
A non-?refundable deposit of $300 and a cancellation fee being 100% of the original contract price will apply if any hire of Equipment is cancelled within 14 days of the hire date.
- USE OF EQUIPMENT
All Equipment supplied on hire is the property of the Company. The Customer will be responsible for the Equipment until it is returned to the Company, and shall maintain the Equipment in good condition, reasonable wear and tear excepted. The Customer warrants that the Equipment will be returned in good working order to the Company. The Company makes no representation as to the suitability of the Equipment for a particular need or event, and it is the Customer’s responsibility to make that judgment on its own behalf.
- ADDITIONAL EQUIPMENT
If after commencement of hire by the Company any specification changes are requested, the cost of such changes will be borne by the Customer.
Where it has been agreed between the Company and the Customer that Equipment is to be delivered to an address specified by the Customer the same shall be available to be picked up at the specified date arranged at that address on the last day of the hire period. Where the Customer has taken delivery at the premises of the Company all Equipment hired shall be returned to those premises by the time arranged on the last day of the hire period. In the event that the Equipment is not available to be picked up by the arranged time on the last day of hire or has not been returned to the premises of the Company by close of business on the last day of hire, then the Company must be notified immediately.
- SITE APPROVAL
The Customer shall be responsible for giving any local or other authorities any necessary notice of their intention to erect the Equipment or to have Equipment erected and shall pay all fees in connection therewith. The Customer shall solely be responsible to ensure that the site is cleared and ready for the erection of the Equipment and that the foundations upon which the Equipment is to be erected are sufficiently firm and otherwise suitable to safely carry the Equipment and the load to be put on it without subsidence. In the event that the Company incurs or suffers any loss, costs or damages as a consequence of the Customer’s failure to carry out its obligations under these terms the Customer shall be solely responsible and shall indemnify the Company for any such loss, costs or damages.
- MISUSE OF EQUIPMENT
The Company shall not be liable for any loss or damages arising out of the use, misuse, or abuse of the Equipment by the Customer and the Customer agrees to keep the Company indemnified in respect thereof.
The Customer is responsible for the security of the Equipment until such time as it is returned to or collected by the Company. In the event of the Equipment being stolen from the job site, the hirer shall notify the Company in writing stating the full circumstances of the theft and the time the police were notified. Until the Company receives such notification, the hiring charges will continue.
The Customer shall also indemnify the Company for any such loss of the Equipment at the current replacement cost of the Equipment, and must pay that cost to the Company on demand. The Customer must ensure that there is provided lighting, water proofing, safe power supply, public protection, and such facilities as might be considered necessary or in the interests of safety.
- ACCESS TO SITE
The Customer shall ensure that suitable access to and egress from the site is adequate to suit the mode of delivery or pick up.
The Customer shall ensure that all the Equipment is adequately insured. The Company will not insure any Equipment. Any insurance policies undertaken are the sole responsibility of the Customer. The Customer bears all risk in relation to the Equipment and its use until the Equipment is safely returned to the Company in good condition.
- LOSSES AND DAMAGESThe Company must be notified immediately of any Equipment lost or damaged during the hire period. The Customer indemnifies the Company in respect of all such loss. The Customer must pay on demand to the Company the following amounts;
- If the Equipment is lost, the Customer must pay to the Company the current replacement cost of the Equipment;
- If the Equipment is damaged, the Customer must pay for all repairs;
- If no notice is given to the Company of a lost item it shall be deemed as extended hire until such item is returned, and hire fees with continue until notice is given or the Equipment is found.
- NO LIABILITY FOR LOSS
The Company shall not in any event be liable for contingent, consequential, indirect, special, and punitive or any other similar damages, howsoever caused, for any damage, injury or loss, whether arising under breach of contract, negligence (commission, omission or advice), and strict liability or otherwise. All warranties by the Company to the Customer are excluded, to the full extent permitted by law. The liability of the Company resulting from a breach of any warranty unable to be excluded by law is strictly limited to the resupply of the Equipment to the Customer or the repair of the Equipment supplied to the Customer.
The Customer is to ensure adequate safety measures are adopted when necessary and must adheres to the law of the relevant Occupational Health and Safety Acts of New South Wales.
- ELECTRICAL DAMAGE
Any damage to the Equipment caused by fusion or malfunction of electrical equipment is the Customer’s liability and the Customer must take adequate precautions. The Customer will be charged for any repairs required to the damaged equipment.
- PAYMENT TERMS
Full payment for any quotation is required 2 weeks prior to the hire period commencing or unless specified on the Company Quotation. Failure to make payment will result in any hiring of Equipment being cancelled by the Company.
- GOVERNING LAWS
This Contract will be governed and constructed in accordance with the laws of the state of NSW, the parties submit to the jurisdiction of the Courts of that state for determination of any dispute claim or demand arising out of these Terms & Conditions.
“The Company” means Oppy Entertainment and includes its servants or Agents.
“The Customer” means the person or persons company to whom the Tax Invoice is addressed and shall include their legal representative, administrators, and successors and or permitted assignees.
“Equipment” means the items hired by the Customer from the Company from time to time.
Additionally, pubs, clubs, nightclubs & public events also agree to the following terms when booking:
- Oppy Entertainment DJs (The Artist) is in the business of writing, composing and performing recorded music (“Services”).
- The Contractor is in the business of organizing and promoting parties, or booking and holding an event, and has requested the services of the Artist.
- In consideration for the payment of the Performance Fee by the Contractor, the Artist has agreed to provide his services, on the following terms and conditions:
- VENUE DETAILS
1.1 VENUE: As per booking confirmation email (the “Venue”)
1.2 ADDRESS OF VENUE:
1.3 VENUE PHONE NUMBER(S):
1.4 CONTACT AT VENUE:
- DETAILS OF PERFORMANCE
2.1 DATE/S OF PERFORMANCE: As per booking confirmation email (the “Performance Date”)
2.2 PERFORMANCE TIME: As per booking confirmation email (the “Performance Time”)
2.3 LENGTH OF PERFORMANCE: As per booking confirmation email
2.4 A professional sound system and operator will be provided by the Contractor, at the Contractor’s expense, unless otherwise specified in this Agreement. DMJ 800 or 900 & CDJ 2000’s required – artist uses Serato in HID mode (no variations to this equipment will be accepted). Please ensure the CDJs have the latest firmware updates, and access to the USB ports on the back of the CDJs is available.
2.5 Where any equipment is provided by Oppy Entertainment, please note that all equipment will be subject to the Oppy Entertainment standard Hire Terms & Conditions.
- PERFORMANCE FEE
3.1 The performance fee for the provision of the services by the Artist is as agreed upon by the artist & contractor, and is exclusive of Goods and Services Tax or any other consumption based tax (“Performance Fee”).
3.2 The Artist does not charge Goods and Services Tax at this time, however may in the future, and at that time, any unpaid fees, may be liable for such tax.
3.3 The Full Performance Fee is to be paid by the Contractor to the Artist or his designated representative no later than one (1) day prior to the Performance Date.
3.4 The Performance Fee is to be paid in cash or by bank transfer in Australian Dollars into the designated bank account.
- ACCOMMODATION, TRANSPORTATION AND EXPENSES
- When flights or accommodation is required, then all fees will be paid by the Contractor, at an accommodation outlet approved by the artist, or a motel with a minimum rating of 3.5 stars.
5.1 The Artist will make every reasonable effort during the performance to accommodate the musical tastes and wishes of the Contractor and the audience, however, execution of the performance will be at the sole discretion of the Artist.
5.2 Subject to prior written consent of the Artist, the recording, reproduction, or transmission of the Artist’s performance is prohibited.
- PROMOTION AND PRODUCTION
6.1 The Contractor shall be responsible for all matters pertaining to the promotion and production of the performance, including but not limited to venue rentals, security, and advertising. The Contractor must use its best endeavors to obtain calendar listings, feature articles, interviews of the Artist, reviews of the performance and the Artist’s records in all local print, radio and television media (when booking for a public event).
6.2 The Contractor must obtain from the Artist or his designated representative prior written approval at least seven (7) days prior to the Performance Date before arranging interviews, personal appearances and promotions.
6.3 No advertising, marketing or promotion is to take place without approval of the artist.
7.1 The Contractor will provide sufficient security so that no unauthorized persons will have access to the stage area, backstage area or the area where the Artist will be performing.
7.2 If the Artist wishes, the Artist may provide names of persons or guests authorized to be backstage and the Contractor agrees to provide appropriate passes. The Artist also reserves the right to have a guestlist of up to 20 names of their guests, to obtain free entry to the venue, on the night of the Artists performance.
7.3 The Contractor shall be responsible for any theft or damage to the Artist’s equipment while the equipment is in the Venue, or in transit to and from the Venue.
8.1 The Contractor will take out or maintain, or ensure that the Venue takes out or maintains all such insurances, including but not limited to public liability insurance, necessary to protect the Artist, or other members of the Artist’s party for all claims, including but not limited to personal injury, loss or damage to property and third party claims.
8.2 The Contractor agrees to indemnify and hold the Artist harmless from any and all claims, liabilities, damages, and expenses arising from any action or activity of the Contractor or the Artist while the Artist is performing the services except for claims arising from the Artist’s wilful misconduct or gross negligence.
8.3 The Contractor will produce to the Artist or his designated representative, upon request, evidence of the currency of all such insurances.
9.1 Each obligation of the Contractor to make payments and its obligations under clauses 3, 4 and 8 are essential terms of this Agreement. Other obligations under this Agreement may also be essential terms.
9.2 Subject to clauses 10.1 and 10.2, the Contractor may terminate this Agreement on giving written notice to the Artist prior to the Performance Date.
9.4 The Artist at his sole discretion may terminate this Agreement immediately, at any time by giving the Contractor written notice if the Contractor:
- repudiates any of its obligations under this Agreement; or
- does not comply or is in breach of an essential term of this Agreement; or
- has not paid the Performance Fee pursuant to clause 3 within the given time frame.
9.5 The Artist at his sole discretion may terminate this Agreement at any time by giving the Contractor written notice if the Contractor proposes an amendment to this Agreement that is not satisfactory to the Artist and the Artist does not agree with the proposed amendment.
9.6 The Artist’s obligations to perform the services under this Agreement are subject to force majeure events, illness, injury, riots, strikes, epidemics, death of the Artist or his family members, or any other event which could endanger the health or safety of the Artist.
- EFFECT OF TERMINATION
10.1 In the event that the Contractor terminates this Agreement pursuant to clause 9.3 less than six (6) weeks, but more than three (3) weeks, before the Performance Date, the Contractor will be liable to pay the Artist, as liquidated damages, seventy percent (70%) of the Performance Fee immediately upon termination.
10.2 In the event that the Contractor terminates this Agreement pursuant to clause 9.3 less than three (3) weeks before the Performance Date, the Contractor will be liable to pay the Artist, as liquidated damages, the full Performance Fee immediately upon termination, together with any expenses reasonably incurred by the Artist in relation to the performance of the services.
10.3 In the event that the Contractor terminates this Agreement pursuant to clauses 9.4 and 9.5 less than six (6) weeks, but more than three (3) weeks, before the Performance Date, the Contractor will be liable to pay the Artist, as liquidated damages, seventy percent (70%) of the Performance Fee immediately upon termination.
10.4 In the event that the Artist terminates this Agreement pursuant to clauses 9.4 and 9.5, less than three (3) weeks prior to the Performance Date, the Contractor will be liable to pay the Artist, as liquidated damages, the full Performance Fee immediately upon termination, together with any expenses reasonably incurred by the Artist in relation to the performance of the services.
11.1 This Agreement is governed by the law of New South Wales.
(a) submit to the non-exclusive jurisdiction of the Courts of New South Wales;
- waive, without limitation any claim or objection based on absence of jurisdiction or inconvenient forum.
No objections to this agreement, and confirmation of booking, constitutes acceptance as a working agreement