Access Entertainment Solutions Terms and Conditions          

  1. The Hirer agrees with the Owner:
    1. to hire the equipment from DGM Entertainment Trust (Trading as Access Entertainment Solutions) ABN 70 933 495 904 (hereafter referred to as the owner) for the scheduled hire period and to pay the total charges payable and to be bound by the terms and conditions in the Hire Agreement.
    2. not to permit any person to use the equipment other than himself or an agent acting on behalf of the hirer.
    3. to pay the owner a deposit for the owner’s use such as the owner may require and ascertain that such sum is met on presentation.
    4. not to affix any part of the equipment to any premises and to take all care to protect the title of the owners to the equipment.
    5. to keep the equipment in his own possession or control and not to remove the equipment from the state of Western Australia without first notifying the owner in writing.
    6. to notify the owner immediately if any judgment or order is levied upon the hirer or the hirer's property.
    7. to permit or to procure permission for the owner, or an agent acting on his behalf, to enter the premises where the equipment is installed at all reasonable times on reasonable notice in order to inspect the equipment or to carry out repairs.
  2. The Hirer shall pay to the Owner:
    1. the fee for the use of the goods as described on the face hereof as “the hire cost”.
    2. any late payment fee in accordance with clause (5) of this Agreement. Overdue amounts will accumulate a 5% interest per day.
    3. in the case of loss, theft or damage to the equipment whilst under the care or control of the hirer for which the hirer is liable under this Hire Agreement, the replacement value, calculated as a sum equal to the manufacturer's retail price plus loss of use costs in respect to the equipment and any labor costs.
    4. any expenses of the owner’s, occasioned by the hirer's breach of this agreement.
  3. Definition of Equipment:
    The equipment includes those items specified on the front of this Agreement as well as any additional goods supplied by the owner and any tools or spare parts used by the owner.
  4. Lost or Damaged Equipment:
    1. The owner is liable for fair wear and tear of the equipment.
    2. The hirer is responsible for the costs incurred by any loss or damage to the equipment whatsoever and howsoever caused as from the time the equipment leaves the owner’s premises or possession, whether the hirer has entered into possession of same or not or if the equipment is in transit or in the possession by a third party on the hirer's behalf, which third party shall be deemed to be acting as an agent for the hirer. In particular and without limiting the generality of the aforementioned, the hirer is liable for malicious or accidental damage caused to the equipment by the public at large, for theft, burglary, impact, power surge, fire, water or any other mechanical or chemical process or act of God, whether caused by the hirer or his agent’s own act or omission or by any faults in the vehicles transporting the equipment or by any faults at the venues at which the equipment is being used or any other cause whatsoever.
  5. Return of Equipment:
    1. The equipment shall be returned to the premises of the owner during normal business hours, at the end of the stated hire period; or otherwise as agreed in writing.
    2. In the event of a late return of the equipment, a penalty is applicable for each day that the equipment is not returned in addition to “the hire cost”. The penalty is calculated by multiplying the daily hire rate by two and by adding any additional costs directly related to the late return such as labor and loss of use of the owner’s.
  6. Repossession of Equipment:
    The owner may repossess the equipment at any time at his sole discretion if deemed so necessary and the hirer shall on being so required by the owner, return the equipment to the owner if:
    1. the hired equipment is in any way damaged or;
    2. the hirer is in breach of any term or condition of this Hire Agreement.
  7. Owners Representations:
    The owner is in no way liable for any direct, indirect, consequential, incidental, special or punitive damages arising in any way whatsoever out of this Agreement.
  8. No booking is confirmed until the required deposit (as outlined above) is returned by the due date, along with this contract signed, or unless otherwise stated in writing.

2.      The customer acknowledges that booking deposits are not refundable nor are they able to be transferred to any other customer or booking.
3.      If the customer cancels their booking within 30 days of their event date, the total outstanding fee is payable and all booking deposits paid are forfeited.
4.      The customer agrees that full payment shall be made payable to Access Entertainment Solutions 7 days prior to the event date.
5.      The customer agrees to supply all personnel, as outlined above, of Access Entertainment Solutions, with an adequate meal at the event.
6.      If the customer wishes to pay using a credit card, a surcharge of 2.2% will apply to VISA, MASTERCARD, and  2.5% for AMEX transactions.
7.      If this agreement is breached, damages shall not exceed the amount due under this agreement.
8.      Access Entertainment Solutions reserves the right to substitute personnel/entertainers in cases of emergencies, illness or ANY extenuating circumstance.
9.      The “package discount” offered for this booking is conditional that the above services must be engaged in conjunction with ALL services listed within this contract.  If you cancel any one (1) or more contracted service, you acknowledge that you will forfeit the package discount offered
10.    Access Entertainment will be responsible for the safety training of all staff to insure they can perform their duties safely and without damage, however, it’s the responsibility of the customer to provide a site safety induction for the event.
11.    Access Entertainment is not responsible for fines or damage arising from excessive sound levels produced during the course of the event.
12.    Access Entertainment reserves the right to charge additional fees if the time frame exceeds the contracted amount.
13.    Access Entertainment Reserves the right to modify or cancel this contract at any time.
14.    The customer must provide adequate security for all Access Entertainment staff during setup, operation and pack down of the production.
15.    Where required power supplies are not available or deemed unreliable the customer will provide a safe, and properly supervised generating system operated by qualified persons, any loss, injury or damage as result of power supply will remain the sole responsibility of the customer.
16.    Access Entertainment reserves the right to photograph and video any event for advertising and promotional purposes.
17.    Access Entertainment is not responsible for any music licensing; music licensing will remain the responsibility of the customer.
Personal Injury and Death:
From the time when the equipment is received by the hirer or shall leave the premises of the owner for delivery to the hirer or is in transit or shall come into the care of the hirer or his agents and until the equipment is returned to the owner’s premises, the hirer is responsible for any injuries or deaths to any persons or any damage caused to or caused by said equipment, no matter how or by whom such injuries, death or damage shall be caused. The hirer will keep the owner indemnified against any claims of any kind whatsoever and howsoever arising in connection with such injuries