Terms & Conditions of Hire & Booking
Below stipulates the terms and conditions for the hire, engagement of services and bookings with Spire Entertainment
1.1 If you are hiring, booking or engaging services on behalf of a business or organisation you confirm that you have the necessary authority to enter into this contract on behalf of that business or organisation, and that you will indemnify us against all losses and expense which may be incurred if this is not the case.
1.2 Spire Entertainment reserve the right to decline some or all of your order, for any reason and we are not obligated to provide a reason.
2.1 You may place your hire order and booking with Spire Entertainment by email, phone, mail or in person.
2.2 We will provide you with an order quote confirming availability (or otherwise) of the Equipment to be hired by you (“the Equipment”) and stating total costs including installation,delivery or other applicable charges.
2.3 The contract between us will be formed when you advise us in writing that you accept the order quote and agree to Spire Entertainment's Terms & Conditions. The order quote is open for acceptance within the period stated, however if no such period is stated then within 30 days of the date of the order quote.
2.4 These terms and conditions (which shall only be waived or amended in writing and signed by Spire Entertainment) shall prevail over all other conditions, including your order/ confirmation conditions, if any and to the extent of any inconsistency.
3 Hire Charges
3.1 Spire Entertainment hire charges and all other applicable charges will be as shown in the order quote. The order quote will also show the date the charges will start from and the period of the hire.
3.2 You should return all equipment to us no later than 12:00pm on the date shown on the contract and all equipment should be clean and in good working condition.
3.3 You agree to reimburse Spire Entertainment for all costs in connection with cleaning,repairing or replacing Equipment not returned in clean and good working condition and will be liable for charges at the daily rate shown in the order quote for the period of such repair, cleaning or replacement.
3.4 Spire Entertainment reserve the right to impose additional charges at the daily rate for the period in which any item of Equipment is not available for use by our other customers because of your breach of these terms and conditions.
3.5 Where cables and connectors are returned to us not properly coiled and taped and/or with rigging tape still attached, an additional charge may be enforced based on an hourly rate to clean and/or re-roll such cables and connectors.
3.6 Where we have taken a deposit we may retain the whole or part of this in order to set against any liability you have to us in relation to the hire of the Equipment
3.7 Spire Entertainment reserves the right to charge a bond fee for items that are at high risk of being lost or damaged. The bond amount will be returned to the client when the high risk item is returned and is in good working condition. The bond will not be returned if the high risk item is not returned and if the item is not in good working condition.
4.1a All hires, bookings, consultant services & events are to be paid in full prior to the event or collection of equipment.
4.1b At our discretion we may allow payment to be within a 7,14 or 30 day time frame or we may ask for a deposit prior to delivery with the balance paid in full within the allowed time frame. The precise structure of payment will be specified in the order quote.
4.2 Spire Entertainment accepts payment by cash, bank transfer or credit card payments via pay pal.
4.3 Where any payment is not made by the date specified in the order quote we shall be entitled to charge reasonable collection fees and interest on the outstanding amount/s at the rate of 1.5% per month to be calculated on a daily basis from the date of due payment until the date of actual payment or judgment.
4.4 If a deposit due date is not met it is up to the discretion of Spire Entertainment to cancel the booking and quotation. Spire Entertainment holds the right to amend the quotation once the deposit due date has passed and no payment has been made. If the quotation is changed the client will be notified in writing.
4.5 If a full payment due date is not met it is up to the discretion of Spire Entertainment to cancel the booking. If full payment is not made by the due date, but a deposit has been paid, Spire Entertainment withholds the right to retain the deposit without refund and cancel the booking.
5.1 Spire Entertainment only delivers to customers who have agreed on a time and price; all goods must be signed for by an adult aged 18 or over.
5.2 Equipment will be delivered in good working order. Unless notice is received to the contrary as soon as reasonably practicable and in any event no later than within 24 hours of delivery. Equipment will be deemed to be in good working order, except for defects not detectable by reasonable examination.
5.3 Our estimated time for delivery will be stated in the order quote. We hope to deliver these estimates but occasionally delays will occur, despite our best efforts. We will not be liable for any loss, damage, or expense resulting from any delay or failure to deliver within such estimated timescales or for loss or damage to Equipment occurring during delivery.
6.1 Installation charges will be shown in the order quote. Spire Entertainment may wish to carry out a site inspection before installation and you agree to allow us such access as we reasonably require for this purpose.
6.2 Where we are prolonged or unable to carry out installation through error or fault on your part or the venues, we reserve the right to charge for our time at the rates shown on the order quote.
7.1 The risk in the Equipment will pass to you upon delivery or installation, or, where you choose to uplift the Equipment directly, at the moment of uplift.
7.2 When uplifting the Equipment directly from us you should ensure that you have suitable transport as we reserve the right to refuse removal of Equipment where appropriate arrangements for safe and lawful transport of the Equipment has not been made. If the start of the hire is delayed for this reason we reserve the right to charge at the daily rate shown in the order quote during the period of delay.
8 Cancellation & Termination
8.1 You will not be entitled to cancel the contract once the Equipment or booking has been uplifted or delivered,unless we agree to such cancellation.
8.2 Spire Entertainment reserves the rights to charge cancellation fees.
8.3 If you are a consumer cancelling, then you must advise us in writing immediately or by email. We are not obliged to accept cancellation once the hire and booking has started.
8.4 Any cancellations of bookings by the client within 72 hours of the event date will still be charged in full for the event regardless of the reason. Any consideration otherwise is at the sole discretion of Spire Entertainment.
8.5 Any cancellations by the client after full payment has been made which is beyond 72 hours of the event date may receive no more than a 50% refund. The exact refund amount will be determined by Spire Entertainment with the deposit being the minimum amount that will be withheld.
8.6 Cancellations due to weather, double bookings, acts of god, pandemics, government shutdowns, change of mind, venue forced closure, forced event closure within 72 hours of the event will be required to pay in full for the event and will not be granted a refund for services booked within 72 hours of the event. Cancellations because of the reasons in 8.6 beyond 72 hours adhere to same rule as 8.5
8.7 If Spire Entertainment forms the opinion that mutual confidence and trust do not exist between Spire Entertainment and the Client; Spire Entertainment reserves the right to cancel the booking.
8.8 Spire Entertainment reserves the right to cancel a booking at any time if the client requires Spire Entertainment to act in an unethical or unlawful manner. If such incident does occur no refunds will be provided.
8.9 Spire Entertainment reserves the right to cancel a booking at any time if the client's event space is unsafe for Spire Entertainment staff, artists or for guests at the event. If such incident does occur no refunds will be provided. Spire Entertainment also reserves the right to cancel a booking if the event space is unsafe for Spire Entertainment equipment.
8.10 Spire Entertainment reserves the right to cancel a booking at any time if an any type of insolvency administrator is appointed in respect of the property or affairs of the Client. These rights are in addition to any other rights of termination in this Engagement or at law. All Fees payable by the Client (whether these have been invoiced or not) will remain payable following termination.
8.11 Spire Entertainment does not tolerate abuse, either physical or verbal abuse of any kind. Spire entertainment reserves the right to cancel a booking at any time if its staff, artists, performers, DJ's are abused physically, verbally or sexually at anytime by guests or by the client. Should such an occurrence occur, Spire Entertainment DJ's, artists, staff and performers are permitted to cancel and leave the event. If an incident does occur no refund for the event will be provided. No compensation for direct or indirect loss of income due to cancellation will be provided to the client if such incident does occur. If an incident such as this does occur, the person(s) maybe liable to civil and criminal charges depending on the severity of the case.
9 Your responsibilities
9.1 You will make all reasonable efforts to ensure that the Equipment is not damaged or misused during the period of the hire. This includes ensuring that the Equipment can safely be used with any other equipment which you use.
9.2 You are responsible for and required to check that all items and Equipment that has been delivered,that all items are accounted for prior to and post use at pick up.
9.3 You will make all reasonable efforts to ensure that any person operating or using the Equipment during the period of the hire is instructed in the safe and proper operation of the Equipment.
9.4 You shall not sell or attempt to sell or otherwise dispose of the Equipment.
9.5 You shall reimburse Spire Entertainment for all costs in connection with repairing or replacing Equipment not returned in good condition, pay us the full retail cost of any Equipment which is lost stolen or damaged beyond economic repair, and insure the Equipment against such liability.
9.6 You agree to pay the full daily rate for all items of Equipment which require to be replaced or repaired until such repair or replacement has been completed.
9.7 Spire Entertainment give no warranty as to the suitability of the Equipment for any particular purpose required by you. You warrant that you have read and understood the manufacturers specifications in respect to the Equipment.
9.8 This clause 9 shall not affect your statutory rights or seek to exclude liability which cannot be excluded under the Trade Practices Act 1974 “as amended”.
9.9 If a venue is providing audio visual equipment, DJ equipment and/or performance equipment for artists to perform with. It is the responsibility of the venue to ensure that all equipment is in working order and good condition.
9.10 Spire Entertainment takes no responsibility for venue equipment that is damaged due to wear and tear, over use, or if general maintenance of equipment is not maintained. It is not the responsibility of Spire Entertainment DJs and Performers to maintain, or ensure the correct storage of venue equipment post event. Spire Entertainment DJs and performers do not take responsibility of the security of venue equipment and are not obliged to protect venue equipment from unauthorised users and liquid beverages. The protection of venue equipment is the sole responsibility of the venue and the venue staff.
9.11 Spire Entertainment reserves the right to cancel bookings without refund if mutually agreed venue equipment is not provided on the performance date, or if the provided equipment is not in good reasonable working condition.
10.1 You agree to properly maintain the Equipment during the period of the hire and to notify us as soon as reasonably practicable if there is a problem with the operation of any item of Equipment.
10.2 Any damaged or faulty item of Equipment should be returned, at your expense (subject to clause 10.3) to us. In no circumstances should you proceed to repair any item of Equipment without our prior approval.
10.3 Where the problem with the Equipment is caused by a fault not discoverable by reasonable examination in terms of clause 5.2 above, we will reimburse you for reasonable transportation costs and for hire charges during the period when the Equipment could not be used due to this fault. However our obligation under this clause does not cover faults caused by misuse wear and tear, accident or neglect.
10.4 You shall not alter or modify the Equipment or use it for purposes for which it is not designed.
10.5 You agree that we have a right of access to the Equipment in order to inspect, repair or replace it and you authorise us to enter any property where the Equipment is located or where we reasonably believe it to be located, to carry out such inspection, repair or replacement.
11 Liability and Indemnity
11.1 To the fullest extent permissible under law, we will not be liable for any losses (direct, indirect or consequential) you incur arising out of or in connection with the hire of the Equipment.
11.2 Notwithstanding the terms of clause 7.1 in the event that we are held liable for losses which you have incurred arising out of or in connection with the hire of the Equipment, our liability to you shall be limited to a sum equal to the amount paid by you for the Equipment hired or the cost to us of re-hiring the Equipment or enetertainment to you.
11.3 You agree to indemnify us at all times in respect of all claims by any person in relation to any injury, loss, claim or expense arising out of or in connection with the use of the Equipment
11.4 If you are a consumer, this clause 11 does not affect you statutory rights.
12 Termination of Hire
12.1 Spire Entertainment shall be entitled to terminate the contract immediately and to repossess the Equipment at any time where you are in breach of these terms and conditions, or you take any steps, or if any process or action is started which, in our reasonable opinion suggests that your solvency is in doubt.
12.2 Where the provisions of clause 12.1 apply, you authorise us to enter any property where we reasonably believe Equipment to be, in order to repossess such Equipment.
13 Governing law
13.1 These terms and conditions and the contract for the hire of the Equipment are governed by law of Western Australia and are subject to the exclusive jurisdiction of the Western Australian Courts.
14.1 Unless otherwise stated all costs quoted by Spire Entertainment are net, exclusive of Goods and Services Tax (“GST”).
14.2 You will bear all liability for GST and shall not require Spire Entertainment to pay to you any amount on account of GST. In addition, In Spire Entertainment will be entitled to recover from you any GST paid or payable by us in respect to the hiring of the Equipment.
15.1 Spire Entertainment shall be entitled without notice to terminate any credit arrangement with you in the event of you defaulting in respect to any of these terms and conditions or our order quote or for any other reason which we need not make known to you.
15.2 Spire Entertainment shall be entitled at any time to request such security or additional security as we shall in our discretion think fit and shall be entitled to withhold supply of the Equipment or any credit arrangements until such security or additional security is provided by you.
16 Professional Advice & Consultation
16.1 Spire Entertainment and it's staff are not liable for any damages, loss of income or defamation due to any advice, consultations, ideas, or suggestions given by Spire Entertainment staff.
16.2 the Consultant will not be liable to the Client for accidental, incidental, indirect, special, punitive or consequential damages or for loss of profits or savings, even if the Consultant has been advised of, knew or should have known of the possibility of such damage or loss
16.3 The Client agree that all claims against the Consultant, whether in contract, tort, negligence, equity or otherwise, must be formally commenced within two years after the termination or expiry of the Services or the Agreement, whichever is earlier.
16.4 from any liabilities the Consultant may have to the Client or any third party as a result of reliance by the Consultant on any information provided by the Client (or any of the Client’s representatives), which is false, misleading, incorrect or incomplete or as an result of the failure to provide information which was material information held in the Client’s possession or control.
17 Social Media & Online Use
17.1 You agree that Spire Entertainment may add your organisation's name to Spire Entertainment's list of clients for use by Spire Entertainment in sales material.
17.2 You agree that your organisation's name and event maybe shared on social media by our artists or by Spire Entertainment social media channels.
17.3 You agree to tag Spire Entertainment social media accounts in regards to any posts referencing, exhibiting or otherwise displaying services that Spire Entertainment has supplied.
17.4 You agree not to tag Spire Entertainment artists or entertainment individually without Spire Entertainment social media links also being tagged.
17.5 You agree not to post any social media posts that may be interpreted negatively and/or defames Spire Entertainment or its artists.
18 Services outside the scope of this agreement
18.1 You may request that Spire Entertainment performs additional services at a future date not contemplated by the contract. If this occurs, You may request that Spire Entertainment communicate with you regarding the scope and estimated cost of these additional services. If You do not request an estimate, Spire Entertainment will provide its services to you on a time and materials basis, using the rates set out in the Proposal, as amended by Spire Entertainment from time to time. Engagements for additional services may necessitate that Spire Entertainment issue a separate engagement letter to reflect the obligations of both Parties.
18.2 Should the client wish for artists, performers and DJs to continue performing beyond the agreed time, it is at the sole discretion of the artist whether to continue performing. Spire Entertainment requires written signatory consent for extension of performance time and additional fee's greater than the original agreement maybe charged post event.
19 Substitutes & Sub Contractors
19.1 For Entertainment, Spire Entertainment may substitute an alternative performer if the staff specified are unable to provide the service.
19.2 For Equipment, Spire Entertainment may substitute additional equipment from an external company if it is out of stock of the equipment in question.
19.3 If Spirit Events & Entertainment considers it appropriate to do so, it may with the Client’s prior approval, which shall not be unreasonable withheld, engage another Contractor to assist Spirit Events & Entertainment in specialist areas. The Client accepts responsibility for all monies payable to such other Contractor.
20 Debt Collection
20.1 Spire Entertainment reserves the right to employ the services of a debt collection agency at its discretion for any account not paid within 45 days of the invoice due date. The Client will be liable for all costs incurred in collecting the outstanding account.
21.1 During the course of this Engagement, You may provide Spire Entertainment with certain information of a confidential nature to enable it to complete the assignment.
21.2 Spire Entertainment acknowledges that all written and oral information furnished to it by You and your officers, employees, advisers or agents is valuable and confidential.
21.3 Spire Entertainment will not use the information except for the purpose of completing this Engagement or subsequent Engagements You may request of it.
21.4 Spire Entertainment agrees that:
i) Spire Entertainment will not use or disclose any information without prior written consent from You;
ii) Spire Entertainment will only disclose the information on a "need to know" basis to our directors, officers, employees, and professional advisers; and
iii) Spire Entertainment will use its best endeavours to ensure that our director, officers, employees and professional advisers to whom the information is disclosed comply with the obligations imposed on it
iv). If this Engagement does not proceed for any reason whatsoever, Spire Entertainment will, within 7 days of receipt of a demand from You, return to You or destroy any information supplied by You which is in a physical form and which is in the possession, custody or control of Spire Entertainment.
v). Our obligations under this Engagement do not apply to any information which: (a) Spire Entertainment is required by law or by the listing rules of Australian Stock Exchange Limited to disclose; (b) is in or enters the public domain otherwise than by breach of this Engagement;
(c) is already known to Spire Entertainment; or (d) is acquired by Spire Entertainment from a person who was not under an obligation of confidentiality relating thereto.
vi). Spire Entertainment acknowledges that the value of the confidential information to you may be unique and therefore impractical or difficult to assess in monetary terms. Accordingly if an actual or threatened violation of this Engagement occurs Spire Entertainment will consent to the enforcement of this Engagement by injunctive relief or specific performance without proof of actual damage.
vii). These confidentiality provisions shall expire five years from the date of execution of this Engagement.
22.1 Any dispute, controversy or claim arising out of, relating to or in connection with this contract, including any question regarding its existence, validity or termination, shall be resolved by arbitration in accordance with the ACICA Arbitration Rules. The seat of arbitration shall be Perth, Western Australia. The language of the arbitration shall be English. The number of arbitrators shall be one. This provision shall not prevent Spire Entertainment from instituting legal action at any time to recover moneys owing by the Client to Spire Entertainment.
23 Refund Policy
23.1 Spire Entertainment refund policy for equipment is if the equipment fails or does not work during the event, the client will be entitled to a refund if replacement equipment cannot be provided. This policy only applies if the equipment does not work due to technical failures and does not apply if the equipment is misused or operated.
23.2 Spire Entertainment does not provide a refund in any circumstance due to unsatisfactory opinions towards artists, DJs or performers. Any specific music requests must be made at least one week prior to the event to avoid disappointment.
24 Smoke, Haze and Low Fog Machine Use
24.1 Spire Entertainment takes no responsibility for any activation of venue smoke alarm systems. It is up to the client to ensure that these systems are turned off or isolated before these machines are used.
24.2 In the event that emergency services are called due to smoke machine use, Spire Entertainment takes no responsibility for any subsequent fines or infringements for callouts. It is up to the client to ensure all venue smoke alarm systems are turned off before these machines are used. Should these machines still be used even if the alarm systems are still on, the client takes full responsibility for any activation of smoke alarms