Events Rental Terms and Conditions

1.   INTELLECTUAL PROPERTY RIGHTS AND REMEDIES FOR BREACH OF MODULAR AND BACKDROPS

1.1.               The specification and design of the Goods (being all intellectual property, including but not limited to, copyright, design right, trademarks or other intellectual property) remains the property of the Lessor.

1.2.               The Lessee must not reverse engineer, digitally print, copy or manufacture any component of the Goods, nor make available to any person or legal entity worldwide to reverse engineer, digitally print, copy or manufacture any component of the Goods.

1.3.               The Lessee understands that the terms of Clause 1.2 are material to the consideration of Backdrops Fantastic I Modular Backdrops I Event Letters I Events Fantastic to rent the Goods to the Lessee, and that the copyright and patent rights in respect to the Goods and componentry in respect to are protected intellectual rights and moral rights which cannot be contravened by the Lessee.

1.4.               If the Lessee breaches any of Clauses 1.2 through 1.3, the Lessor has all rights reserved under the laws of the Commonwealth of Australia.

1.5.               The Lessee gives consent to the Lessor that if the Lessee breaches Clause 1.2 that it will be liable to the Lessor for not less than a liquidated damage of $1,100 per modular panel, $3,000 per Backdrop manufactured by the Lessee or its agents, and $330 per Modular componentry part manufactured by the Lessee or its agents (Infringing Products). In addition, the Lessee consents to provide an accounting of profits for all transactions, dealings, uses, leases, hires and sales in respect to the Infringing Products of Backdrops / Modular Backdrops, and to deliver up the Infringing Products (at the cost of the Lessee).

2.   PAYMENT TERMS & CANCELLATIONS

2.1.              50% (FIFTY PER CENT) nonrefundable deposit is required within 7 (Seven) days of confirmation of the booking.

2.2.              The balance of payment shall be payable in advance, 14 (Fourteen) days prior to the Leased Product being dispatched from The Lessors place of business.

2.3.              In the event that The Lessee cancels the booking after confirmation and 30 days or more before the scheduled dispatch date, the Lessee shall forfeit the 50% deposit.

2.4.              In the event that The Lessee cancels the booking after confirmation and 30 days or less before the scheduled dispatch date, the Lessee shall forfeit the full rental fee less freight charges.

3.   USE

3.1.               The Lessee undertakes to use the Leased Product only in circumstances for which the Leased Product was designed.

3.1.1.       Light Up Letters are not designed to be used for the following:

3.1.1.1.                In any form of inclement weather where exposure to the elements (including but not exclusive to rain, wind, fire, mud, dirt)

3.1.1.2.                In venues/locations where product may be exposed to any fluids, dirt or materials that may damage the painted surface of the letter.

4.   MAINTENANCE AND REPAIR OF THE LEASED PRODUCT

4.1.              For the duration of the Agreement the Lessee undertakes to handle the Leased Product with the utmost care and to reasonably maintain the Leased Product.

4.2.              The Lessee is aware that the Leased Product is expensive to produce and costly to repair, and in the event that the Leased Product is damaged in any way the repair, replacement or cleaning costs will be borne by The Lessee  with invoice issued within 7 (Seven) days of the items return to the Lessors place of business, payment is due immediately and is not negatable;

Indication on cost of damage if it were to occur:

Light Bulb – $20

Bulb Fitting – $50

Remote Control – $30

Damage to Letters Requiring Repair – minimum $150 per letter

Damage to Backdrops Requiring Repair – minimum $300

Damage to Modular Panel – minimum $75 per panel

Components to Modular Panel (QR Levers, boxes, dust bags) – Actual Cost

Cleaning Fee Modular Panel $3 per panel

 

5.   INTELLECTUAL PROPERTY RIGHTS AND REMEDIES FOR BREACH OF MODULAR AND BACKDROPS

  • The specification and design of the Goods (being all intellectual property, including but not limited to, copyright, design right, trademarks or other intellectual property)remains the property of the Lessor.
  • The Lessee must not reverse engineer, digitally print, copy or manufacture any component of the Goods, nor make available to any person or legal entity worldwide toreverse engineer, digitally print, copy or manufacture any component of the
  • The Lessee understands that the terms of Clause 1.2 are material to the consideration of Backdrops Fantastic I Modular Backdrops I Event Letters I Events Fantastic to rent the Goods to the Lessee, and that the copyright and patent rights in respect to the Goods and componentry in respect to are protected intellectual rights and moral rights which cannot be contravened by the Lessee.
  • If the Lessee breaches any of Clauses 1.2 through 1.3, the Lessor has all rights reserved under the laws of the Commonwealth of
  • The Lessee gives consent to the Lessor that if the Lessee breaches Clause 1.2 that it will be liable to the Lessor for not less than a liquidated damage of $1,100 permodular panel, $3,000 per Backdrop manufactured by the Lessee or its agents, and $330 per Modular componentry part manufactured by the Lessee or its agents (Infringing Products). In addition, the Lessee consents to provide an accounting of profits for all transactions, dealings, uses, leases, hires and sales in respect to the Infringing Products of Backdrops / Modular Backdrops, and to deliver up the Infringing Products (at the cost of the Lessee).

6.   PAYMENT TERMS & CANCELLATIONS

  • 50% (FIFTY PER CENT) nonrefundable deposit is required within 7 (Seven) days of confirmation of the
  • The balance of payment shall be payable in advance, 14 (Fourteen) days prior to the Leased Product being dispatched from The Lessors place of
  • In the event that The Lessee cancels the booking after confirmation and 30 days or more before the scheduled dispatch date, the Lessee shall forfeit the 50%
  • In the event that The Lessee cancels the booking after confirmation and 30 days or less before the scheduled dispatch date, the Lessee shall forfeit the full rental fee less freight charges.

7.   USE

  • The Lessee undertakes to use the Leased Product only in circumstances for which the Leased Product was
    • Light Up Letters are not designed to be used for the following:
      • In any form of inclement weather where exposure to the elements (including but not exclusive to rain, wind, fire, mud, dirt)
      • In venues/locations where product may be exposed to any fluids, dirt or materials that may damage the painted surface of the

8.   MAINTENANCE AND REPAIR OF THE LEASED PRODUCT

  • For the duration of the Agreement the Lessee undertakes to handle the Leased Product with the utmost care and to reasonably maintain the Leased
  • The Lessee is aware that the Leased Product is expensive to produce and costly to repair, and in the event that the Leased Product is damaged in any way the repair, replacement or cleaning costs will be borne by The Lessee with invoice issued within 7 (Seven) days of the items return to the Lessors place of business, payment is due immediately and is not negatable;

Indication on cost of damage if it were to occur:

Light Bulb – $20

Bulb Fitting – $50

Remote Control – $30

Damage to Letters Requiring Repair – minimum $150 per letter

Damage to Backdrops Requiring Repair – minimum $300

Damage to Modular Panel – minimum $75 per panel

Components to Modular Panel (QR Levers, boxes, dust bags) – Actual Cost

Cleaning Fee Modular Panel $3 per panel

4.3.  The consumables fee covers any costs associated with the preparation and loading of equipment required. It also covers incidentals such as tapes, cable tie, fixings, and other consumables to complete the work required. The Lessee hereby undertakes not to affect any alterations to the Leased Product including, but not limited to pinning, tacking, stapling, sewing, removal of components or painting. Alterations shall include any action, which alters the appearance and or material structure of the Leased Product.

9.   RISK

  • The Lessee accepts responsibility of the Leased Product from the time the Lessee receives the Leased Product from the shipping carrier of our choice to the time the Leased Product is picked up from the shipping carrier of our choice. Signed proof of delivery and pickup is required from the Lessee by way of Con Note and tracking information.
  • The Lessee accepts responsibility of the Leased Product from the time the Leased Product leaves the Lessors place of business by the shipping carrier of the Lessees to the time the Leased product is returned to the Lessors place of

10. RETURN

  • Return of the Leased Product to The Lessors place of business or made available for on forwarding on the agreed date is imperative and agreed upon by The
  • The Lessee agrees that the Leased Product will be packaged, correctly labeled and placed in a secure and agreed location with the Lessor for the agreed freightprovider to collect.
  • Failing to provide the Leased Product for pickup by the agreed freight provider, The Lessee hereby agrees to pay a $125.00 (ONE HUNDRED AND TWENTY-FIVEDOLLARS) penalty fee, which fee will be payable for each day The Lessee is in default of returning the Leased Product, plus any additional fees payable to the shipping carrier for incomplete delivery or collection.

11. INDEMNIFICATION

Except to the extent arising from The Lessors gross negligence or willful misconduct, The Lessee agrees to indemnify, defend and hold The Lessor harmless from any third party claims, actions, proceedings and expenses, including attorney’s fees, related to or arising from The Lessees or any third parties use of the Leased Product.

12. JURISDICTION

This Agreement is governed by the laws of the Australia (Queensland), without giving effect to the principles of conflict of international treaties. The parties hereby agree on behalf of themselves and any person claiming by or through them that the sole and exclusive jurisdiction and venue for any litigation arising from or relating to this Agreement will be an appropriate court situated in the State of Queensland, Australia.

13.ASSIGNMENT

The Lessee may not assign, without the prior written consent from The Lessor, The Lessees rights or duties under this Agreement to any person or entity, in whole or in part, whether by assignment, merger, transfer of assets, sale of stock, operation of law or otherwise, and any attempt to do so will be deemed a material breach of this Agreement. This Agreement and the rights and obligations contained herein will apply to, inure to the benefit of, and be binding upon the parties’ hereto and upon their permitted successors in interest and permitted assigns.

 

14.ASSIGNMENT

 

The Lessor carries public liability insurance to the value of $20,000,000. The Lessor recommends the Lessee undertake separate “Event”’ insurance cover for the Backdrop/s, Modular Product, Light Up Letters and Theming Items “The Products” to cover such eventualities as inclement weather, theft, equipment failure and any other unforeseen incidents.

15.  ENTIRE AGREEMENT

This Agreement evidences the complete understanding and agreement of the parties with respect to the subject matter hereof and supersedes and merges all previous proposals, communications, representations, understandings and agreements, whether oral or written, between the parties with respect to the subject matter hereof. This Agreement may not be modified except by a writing subscribed to by authorised representatives of both parties.