AGREEMENT FOR HIRE OF SPACE AND EQUIPMENT
(COPY ALSO KEPT IN THE FACTORY FIVE STUDIO HANDBOOK)
This Agreement is made on the date and between the parties specified in the Booking Form.
Recitals:
A. The Hirer rents out space and equipment detailed in the Booking Form at Factory 5, 15 Nicholson
Street, East Brunswick 3057 (“space”) (as per floorplans).
B. The Customer is hiring the space and/or equipment specified in the Booking Form from the Hirer
upon the terms and conditions in this Agreement.
Quiet Enjoyment
• The Customer will be using the space for permitted use only – a photographic studio.
The Customer must notify the Hirer in writing of any intentions to the contrary.
(The space is not available for parties or band rehearsals under any circumstances.)
• The customer will be respectful of residents/ tenants both within the building as well as the
local neighbourhood and keep excessive noise to a minimum – after-hours in particular.
• The car park underneath the building is sufficient for the building however one car only is
permitted to park for the total time of the scheduled booking. For loading and unloading
equipment a vehicle may be parked in the loading bay for a maximum of 30 minutes making
sure not to block any cars in. There is sufficient free street parking along Blythe Street.
Operative Part:
1. Hire of plant and equipment
1.1.
Bookings will be held for a maximum of 24 hours without proof of payment Confirmed
bookings are on a first-come, first-served basis.
1.2.
The Customer must arrive 15 minutes prior to their scheduled commencement time to be run
through the space
1.3.
The Customer is entitled to use equipment hired (with pre-payment required) for the hire
period and for any agreed extension of the period. The up-stairs office is a private workspace and entry into this area is not permitted under any condition.
1.4.
The Customer agrees to leave the space on or before the end of the hire period as outlined
in the Booking Form.
1.5.
The Customer agrees to return the equipment to the address of the Hirer on or before the
end of the hire period as outlined in the Booking Form.
1.6.
The Hirer will not refund any hire charge monies if the Customer elects to leave and/ or
return the equipment prior to the end of the hire period, regardless of reason.
1.7.
The Green Door is copyrighted and is not permitted for use unless usage rights and terms
were approved prior to shoot.
2. Payment for rental
2.1.
The Customer agrees to pay the Hirer the hire fee specified in the Booking Form for the
equipment for the hire period, which includes any applicable GST, if a hire charge is
applicable. A booking is not confirmed until remittance advice for payment has been
received.
2.2.
The hire fee must be paid to the Hirer prior to the commencement date of the hire period.
2.3.
The Customer is entitled to Student rates only upon presentation of a current full-time
student card in the Customer's name.
2.4.
If the Customer requires a freshly painted Cyclorama, a flat fee of $50 plus GST is payable
at booking. Otherwise the Cyclorama is hired in 'as-is' condition.
2.5.
Any overtime is charged at $40 plus GST per hour and is payable prior to the end of the
booking with proof of payment. The Customer must inform the Hirer as soon as they
become aware they require extension.
3. Cancellation
3.1.
Cancellation of the booking by the Customer is permitted with a minimum of 24 hours notice.
Any monies paid will be credited towards the Customer's next booking. If the customer
gives less than 24 hours notice, a partial credit of 50% will be granted. Credit is nontransferrable.
4.1
No-shows will forfeit any right to credit.
4. Use, operation and maintenance
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4.1.
The Customer agrees that the use of the space and/or equipment carries with it dangers and
risks of injury and the Customer agrees to accept all dangers and risks.
4.2.
The space and/or equipment shall not be used by anyone other than the Customer without
the expressed permission of the Hirer.
4.3.
The Customer agrees to operate, maintain and care for the space and/or equipment strictly
in accordance with any instruction provided by the Hirer, with due care and diligence, only
for its intended use and in accordance with any manufacturer’s instructions and
recommendations whether supplied by the Hirer or posted on the equipment as to the
operations, maintenance and storage thereof.
4.4.
The Customer agrees to comply with all occupational health and safety laws relating to the
use of the space and/or equipment and related operations.
4.5.
The Customer shall ensure the space and/or equipment is returned to the Hirer clean of any
other foreign matter and the space shall be thoroughly cleaned. In the event that these
requirements are not complied with the Customer shall pay the Hirer the reasonable costs of
compliance with these requirements.
4.6
The Customer agrees to comply with the Lock-up procedure as follows:
• Pack down any equipment hired and return in as supplied condition.
• Leave the studio in the same condition when it was hired.
• Leave the makeup area clean and tidy.
• Turn off all lights, fans, air conditioner and all other appliances except for fridge.
• Lock the bottom lock on white studio door and pull closed.
• Make sure the red door is firmly pushed closed.
• Return securely key safe keys if accessed.
5. Customer’s warranties
5.1.
The Customer warrants that:
5.1.1
the space and/or equipment will be used in accordance with the conditions outlined
in the schedule;
5.1.2
the particulars in the schedule are correct in every respect and are not misleading in
any way including, without limitation, by omission;
5.1.3
the space and/or equipment will not be used for any illegal purpose;
5.1.4
the Customer will not, without prior written consent of the Hirer, modify, or permit
any modification of, the space and/or equipment in any way; and
5.1.5
the Customer agrees that the space and/or equipment complies with its description,
is in merchantable condition and is fit for the Customer’s purpose.
6. Indemnity
6.1.
To the full extent permitted by law the Customer releases, discharges and
indemnifies the Hirer from all claims and demands on the Hirer arising out of or
consequent on the use or misuse of the space and/or equipment during the hire period.
7. Loss, damage or breakdown of space and/ or equipment
7.1.
The Customer will be responsible for any loss or damage to the space and/or equipment
irrespective of how the loss or damage occurred (fair wear and tear excepted) during the
hire period
7.2.
If there is a breakdown or failure of the equipment then the Customer shall return the
equipment to the Hirer at the Customer’s expense and the Customer shall not attempt to
repair the equipment.
7.3.
If damage is made to the cyclorama (cyc), the Customer will be required to pay a fee of
$1000. It is the Customer's responsibility to ensure that ALL persons in the studio take
care not to walk on/ put pressure on the curve of the cyc.
8. Insurance
8.1.
The Hirer will maintain current insurance policies in respect of the space and/or equipment
to its full insurable value.
9. Liability
9.1.
The Customer will assume all risks and liabilities for and in respect of the space and/or
equipment and for all injuries to or deaths of persons and any damage to property
howsoever arising from the Customer’s possession, use and maintenance of the space
and/or equipment.
10. Disclaimer
10.1. To the extent permitted by law the Hirer disclaims all liability for and does not give any
warranties to the Customer as to the condition of the equipment.
11. Title to goods
11.1. The Customer acknowledges that the Hirer retains title to the equipment and that the
Customer has rights to use the equipment as a mere bailee only. The Customer does not
have any right to pledge the Hirer’s credit in connection with the goods and agrees not to do
so.
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11.2.
12.
13.
14.
15.
16.
17.
The Customer agrees not to agree, offer or purport to sell, assign, sub-let, lend, pledge,
mortgage let or hire or otherwise part with or attempt to part with personal possession or
otherwise not to deal with the space and/ or equipment and not to conceal or alter the goods
or make any addition or alteration to, or repair of, the equipment.
Repossession
12.1. The Hirer may retake possession of the space and/or equipment if the Customer breaches
any provision of this agreement, notwithstanding anything else herein contained.
12.2. If repossession takes place, the Hirer shall only charge the hire fee up to and including the
time of repossession.
Completion of the hire period
13.1. The hire period is completed when the space and/or equipment has been returned to the
Hirer:
13.1.1
in the same condition as when it was hired; and
13.1.2
on or by the date and time outlined in the schedule.
Non-merger
14.1. The covenants, agreements and obligations contained in this agreement will not merge or
terminate upon the termination of this agreement and to the extent that they have not been
fulfilled or satisfied or are continuing obligations they will remain in force and effect.
Severence
15.1. If any provision of this agreement is wholly or partly invalid, unenforceable, illegal, void or
voidable, this agreement must be construed as if that provision or part of a provision had
been severed from this Agreement and the parties remain bound by all of the provisions and
part provisions remaining after severance.
Governing Law
16.1. This Agreement is governed by the laws of Victoria. Each party submits to the non-exclusive
jurisdiction of the courts exercising jurisdiction there in connection with matters concerning
this Agreement.
Interpretation
17.1. In this Agreement, unless the context otherwise requires:
17.1.1.
A reference to the singular includes the plural and vice versa;
17.1.2.
A reference to any party to this Agreement includes the party’s executors,
administrators, successors or permitted assigns, and where applicable, its servants
and agents;
17.1.3.
A reference to an individual shall include corporations and vice versa; and
17.1.4.
If a word or expression is defined, its other grammatical forms have a corresponding
meaning.
17.2. In this Agreement, headings are for convenience only and do not affect interpretation.
Executed as an Agreement
For and on behalf of:
JULIAN DOLMAN trading as HEADSHOT PHOTOGRAPHER and
BENJAMIN VELLA trading as SHOOT EVERYTHING. (“the Hirer”).
Customer Name:
…………………………………………………………………………
Customer Signature:
……………………………………………………………….. Date: ………………………
Security Deposit
As security for damages, your card will only be charged if any damage is
caused.
Card Number……………………………Expiry…………….CCV…………………
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