Audio Hire - Terms and Conditions of Hire
Effective Date: 7 July 2025
This document outlines the full Terms and Conditions that constitute the Hire Agreement between the person or entity hiring the equipment ("The Hirer", "you") and Audio Hire ("The Company", "we", "us", "our"). By confirming a booking and making payment, the Hirer acknowledges they have read, understood, and agree to be bound by these Terms and Conditions in their entirety.
1. Definitions
- "The Company" refers to Audio Hire, operating in Adelaide, South Australia.
- "The Hirer" refers to the individual, company, or entity hiring the equipment, and includes any employees, agents, or third parties acting on their behalf.
- "The Equipment" refers to all speakers, subwoofers, stands, lighting, cables, accessories, and any other items supplied by the Company to the Hirer.
- "The Hire Period" refers to the period of time from when the Equipment is collected by the Hirer until it is returned to the Company's premises.
- "The Hire Fee" refers to the total cost for hiring the Equipment as detailed in the booking confirmation.
- "The Security Deposit" refers to the amount held by the Company as a pre-authorisation against the Hirer's credit or debit card.
2. Booking and Payment
2.1. All bookings must be made via the Company's official website. A booking is only considered confirmed once the full Hire Fee has been paid by the Hirer and a booking confirmation email has been issued by the Company.
2.2. All prices are listed in Australian Dollars (AUD) and are inclusive of GST where applicable.
2.3. Payment must be made online via our secure third-party payment gateway.
3. Security Deposit
3.1. A standard Security Deposit is required for all hires. This is processed as a temporary pre-authorisation hold on the Hirer's credit or debit card at the time of pickup, not an upfront charge.
3.2. The Security Deposit is held to cover potential costs arising from late returns, damage to, or loss of the Equipment.
3.3. The pre-authorisation hold will be released in full by the Company promptly following the on-time return of all Equipment, provided it is in the same condition as when it was hired, subject to fair wear and tear. The time taken for the funds to become available in the Hirer's account is dependent on their financial institution.
3.4. The Company reserves the right to capture all or part of the Security Deposit to cover costs associated with damage, loss, or late fees. Should the cost of repair, replacement, or late fees exceed the value of the Security Deposit, the Hirer remains liable for the outstanding balance.
4. Collection of Equipment & Identification
4.1. The Equipment must be collected from our premises in Walkerville, South Australia, at the time and date agreed upon in the booking confirmation.
4.2. Upon collection, the Hirer must present a valid, current Australian Driver's Licence and the credit/debit card used to make the booking. The name on the licence must match the name on the booking and the payment card. The Company reserves the right to refuse the hire if this identification cannot be provided.
4.3. It is the Hirer's responsibility to inspect the Equipment upon collection to ensure it is in good working order and complete. The Hirer's acceptance of the Equipment signifies that it is received in good condition.
5. Hirer's Responsibilities & Use of Equipment
5.1. The Hirer agrees to use the Equipment in a safe, responsible, and proper manner, solely for its intended purpose.
5.2. The Hirer is responsible for ensuring the Equipment is protected from the elements, including but not limited to rain, moisture, excessive dust, and extreme heat or direct sunlight.
5.3. The Hirer must not, under any circumstances, attempt to repair, modify, tamper with, or alter the Equipment.
5.4. The Hirer is responsible for the security of the Equipment for the entire Hire Period. The Equipment must not be left unattended in an unsecure location.
5.5. Should the Hirer experience any technical issues with the Equipment, they must cease using it immediately and contact the Company for assistance.
6. Return of Equipment
6.1. The Hirer must return all Equipment to the Company's premises by the date and time specified in the booking confirmation.
6.2. Late returns will incur a late fee, equivalent to a full day's hire rate for each day or part thereof that the Equipment is late. These fees will be deducted from the Security Deposit.
6.3. The Equipment must be returned in a clean state and in the same condition it was supplied, allowing for reasonable wear and tear.
7. Damage, Loss, or Theft
7.1. The Hirer is solely responsible for any damage to, loss of, or theft of the Equipment from the time of collection until its return.
7.2. The Hirer agrees to pay for the full cost of any repairs required to restore the Equipment to its original condition. If the Equipment is lost, stolen, or damaged beyond economic repair, the Hirer agrees to pay the full current replacement cost of the Equipment.
7.3. All repair or replacement costs will be determined by the Company, and an invoice will be issued to the Hirer. The Security Deposit will be used to offset these costs, with the Hirer liable for any remaining balance.
8. Cancellation Policy
8.1. All cancellations must be submitted in writing via email.
8.2. The following cancellation policy applies:
- Cancellation more than 14 days before the Hire Period: A full refund of the Hire Fee.
- Cancellation between 7 and 14 days before the Hire Period: A 50% refund of the Hire Fee.
- Cancellation less than 7 days before the Hire Period: No refund will be issued.
9. Risk, Liability, and Indemnity
9.1. Assumption of Risk: The Hirer acknowledges that the use of audio and lighting equipment involves inherent risks. The Hirer accepts full responsibility for, and assumes all risks associated with, the transport, handling, installation, operation, and dismantling of the Equipment (a "Dry Hire"). The Hirer warrants they have the necessary knowledge and competence to use the Equipment safely.
9.2. Exclusion of Liability: To the fullest extent permitted by law, the Company, its employees, and agents shall not be liable for any injury, death, loss, damage, or expense whatsoever (whether direct, indirect, or consequential) to any person or property, arising from any cause whatsoever, including but not limited to: a) The Hirer's selection, use, storage, or transport of the Equipment. b) The location, environment, or conditions where the Equipment is used. c) Any alleged or actual defect, failure, or malfunction of the Equipment. d) Any actions or omissions of the Hirer or any third party. e) The Company's negligence or the negligence of its employees or agents.
9.3. Exclusion of Consequential Loss: The Company is not liable for any indirect, special, or consequential loss or damage, including but not limited to loss of profit, loss of business, event failure, or damage to reputation, suffered by the Hirer or any third party as a result of this Hire Agreement.
9.4. Comprehensive Indemnity: The Hirer agrees to indemnify, and keep indemnified, the Company, its employees, and agents from and against all claims, demands, actions, liabilities, losses, costs, and expenses (including all legal costs on a full indemnity basis) which may be incurred by or brought against the Company arising out of or in connection with: a) Any act, omission, or negligence of the Hirer, their employees, agents, or guests. b) Any breach of this Hire Agreement by the Hirer. c) The use or misuse of the Equipment by any person during the Hire Period. d) Any injury, death, loss, or damage to any person or property in connection with the Equipment.
9.5. Wet Hire & Staff: In any scenario where the Company provides staff or agents for delivery, setup, or operation of the Equipment ("Wet Hire"), the Hirer remains responsible for providing a safe working environment, compliant power sources, and site security. The indemnity in clause 9.4 extends to cover any claims arising from the event site or the conduct of the Hirer's guests or other third parties, even when Company staff are present.
9.6. Limitation of Liability: In the event that any exclusion of liability is found to be invalid or unenforceable for any reason, the Company's total aggregate liability under this Hire Agreement is strictly limited to the total Hire Fee paid by the Hirer.
10. Privacy
10.1. The Company collects and manages personal information in accordance with our Privacy Policy, which is available on our website. By agreeing to these Terms and Conditions, you also acknowledge you have read and agree to our Privacy Policy.
11. General Provisions
11.1. This Hire Agreement is governed by the laws of South Australia, and the parties submit to the non-exclusive jurisdiction of the courts of South Australia.
11.2. This document constitutes the entire agreement between the Company and the Hirer and supersedes all prior communications or agreements.
11.3. If any provision of this agreement is found to be invalid or unenforceable, that provision shall be severed, and the remainder of the agreement shall continue in full force.
11.4. No amendment to this agreement is valid unless it is in writing and signed by both parties.
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