Terms of Hire

All hirers of equipment and / or services must agree and abide by the terms of hire outlined on this page. Payment of a deposit is an indicator of a commitment to carry out a hire and to agreeing to hire terms.

By booking here you digitally sign an agreement and contract for hire. Please take the time to read our terms and conditions carefully.

As a hirer, you will be required to agree to these Terms of Hire upon payment. Payment is a legitimate confirmation to enter into a hire contract with the hirer.

You may be sent a unique signature code called an Agreement or Contract Code or Booking code which will be provided when you contact us for an invoice or to book. This code is unique to the hirer and is used only by the parties involved in the hire. The code is also the unique confirmation ID of contract.

The Silent Rave reserve the right to use these terms of hire to enforce contracts entered into.

1. Definitions

1.1 PARTY A

The parties in this contract defines the hiree The Silent Rave (secretsound.net) /  Secret Sound Solutions (silentrave.com.au) as PARTY A or US

1.2 PARTY B

The individual or organisation hiring the equipment or talent for an event, venue or premises as PARTY B or YOU

1.3 PARTY C

PARTY C as a group or individuals using the equipment at the event held by PARTY B.

1.4 Event

Any gathering where PARTY B has organised PARTY C to be gathered.
Full Payment

The total amount charged by PARTY A for a hire including a deposit.

1.5 Deposit

The amount that is considered pre-payment for a hire booking and indicates entering into a contract. Signing the contract is an indicator of intention to agree to the contract.

1.6 Regular Hire

A regular hire is one that is done on a regular, repetitive basis and implies that there is a service agreement. A regular hire has terms and conditions that are unique to it but other terms and conditions may also apply.

1.7 Day / Night Hire

A Day or Night hire is one that occurs over the course of 24hours. Delivery and Pick Up times may apply and are negotiable within reason. A Day or night hire may be repeated for a number of days and is then counted as being Several Days or Nights hire but treated as a Day or Night Hire.

2.0 Primary Terms and Conditions

2.1 PARTY A agrees to and will ensure:

    Fully functional Secretsound.net headphones are available for hire for the times agreed in this contract for the use of PARTY B in the event stated in the contract.

    A representative of Secretsound.net will be available on the date of hire and after the hire to setup and disassemble the Secretsound.net transmission system.

2.2 PARTY B agrees to and will ensure:

PARTY B indemnifies and holds PARTY A harmless for all injuries or damage of any kind during the use of equipment.

    A deposit is made prior to hire or in cash from PARTY A or to PARTY A’s agreed account under the account details provided to Party B in this contract.  Any outstanding amounts are paid within 5 business days after the date of hire. Late payment will incur an admin fee of 5% per week after the 5 business days have passed.

    All hired is returned to PARTY A after usage by Parties C in working undamaged condition (other than general wear and tear – no re-charge of headphones is required)

    Payment is made for any lost, stolen or damaged and non-functional equipment is made to PARTY A by PARTY B within 28 days of the event held by PARTY B.

   To return equipment to the same condition it was in at the time of rental. PARTY A’s invoice for replacement or repair is conclusive as to the amount PARTY B shall pay under this paragraph for repair or replacement - normal wear and tear excepted.

Please refer to the Repair and Replacement Fee Section for payment amounts.

    All other equipment repair fees for damage are at the discretion of PARTY A.

    PARTY B shall inform PARTY A upon demand of the exact location of the equipment while it is in PARTY B’s possession.

    PARTY B shall keep and maintain the rented equipment during the terms of the rental at their own cost and expense. They shall keep the equipment in a good state of repair, normal wear and tear excepted.

STAFF: Where requested or agreed, the Secret Sound Solutions (silentrave.com.au) team may be required to hire staff or provide volunteers for events.

    Certain selected staff working with PARTY A are covered by insurance. Public Liability Insurance for PARTY C is covered under their event - PARTY A is not responsible for Insuring PARTY C or staff involved in PARTY B’s events, regardless of who has employed or subcontracted them.

    Staff provided under an unpaid voluntary basis can from time to time be unable to attend an event. PARTY A will do their best to replace them but this cannot be guaranteed.

    It is PARTY B’s responsibility to ensure staff attending their event are informed and compliant to their event. If OH & S or other training is specifically required for an event, PARTY B must ensure that this training is shared with PARTY A prior to the event or that staff are briefed before the event begins.

    Staff hired by PARTY A for an event run by PARTY B will comply with all OH & S regulations stated or implied by PARTY B.

    Staff hired for an event by PARTY A for and event by PARTY B are required to conduct themselves in a manner appropriate to the event and will be trained and instructed by PARTY A to carry out the duties required by them at the event.

    PARTY A takes no direct responsibility for the actions or statements of hired staff, nor do they represent PARTY A in any way or form and their opinions are their own. Where required staff will be held accountable for their actions.

    Staff hired or volunteering for events catered for by PARTY A will be paid by PARTY A and all event payments must be made directly to PARTY A by PARTY B so that payment can be made for those hired staff.

2.3 Risk Assesment:

While we understand your needs to cover risk asssessment due to Insurance, we also beleive strongly from experience that silent disco itself is a fairly low risk activity. That said, accidents can happen, we are professionals and have PLI insurance and we do have a risk assessment section which you can and must be aware of.

3.0 Additional Terms and Conditions

Where talent is involved in a hire, PARTY A have the right to take documentation of events and event talent. We may use visual and audio media from those events for promotional activity. We will endeavor to respect anonymity and will remove content if specific people featured in that content request not to be filmed or where laws and policies cover protection of children. All documented media remain the Intellectual Property of PARTY A.

    Time extension of rental beyond the agreed rental hours incurs a fee per time period of hire this fee will be added to the invoice due, post event and must be paid together with any remaining fees. This period may vary according to the hire and the fee will be based on the original hire costs on a pro rata basis.

    The equipment shall be delivered to PARTY B and returned to PARTY A at PARTY B’s risk.

    The equipment that was originally borrowed which belongs to PARTY A must be returned (not replacements, equivalent exchange goods etc.)

    If a periodic rental rate is charged by PARTY A, rental charges are to be paid to PARTY A’s account on a weekly basis within 5 business days of the event and subsequent events.

    If the equipment is not returned during or at the end of the term, then the rental charges shall continue on a full term basis for any additional term or portion thereof until the equipment is returned.

    No allowance will be made for any rented equipment or portion thereof which is claimed not to have been used. Acceptance of returned equipment by PARTY A does not constitute a waiver of any of the rights PARTY A has under the rental agreement.

    PARTY B shall allow PARTY A to enter PARTY B’s premises where the rented equipment is stored or used at all reasonable times to locate and inspect the state and condition of the rented equipment. If PARTY B is in default of any of the terms and conditions of this agreement, PARTY A, and his agents, at PARTY B’s risk, cost and expense may at any time enter PARTY B’s premises where the rented equipment is stored or used at all time and recover the rented equipment.

    PARTY B shall not pledge or encumber the rented equipment in any way. PARTY A may terminate this agreement immediately upon the failure of PARTY B to make rental payments when due, or upon PARTY B’s filling for protection from creditors in any court of competent jurisdiction.

    PARTY A makes no warranty of any kind regarding the rented equipment, except that PARTY A shall replace the equipment with identical or similar equipment if the equipment fails to operate in accordance with the manufacturer’s specifications and operation instructions (to be instructed by a representative of Secretsound.net). Such replacement will be attempted be made as soon as practicable and reasonable after PARTY B returns the non-conforming equipment or notifies PARTY A.

    PARTY B indemnifies and holds PARTY A harmless for all injuries or damage of any kind for repossession and for all consequential and special damages for any claimed breach of warranty.

    PARTY B shall pay all reasonable attorney and other fees, the expenses and costs incurred by PARTY A in protection of their rights under this rental agreement and for any action taken PARTY A to collect any amounts due PARTY A under this rental agreement.

    These terms are accepted by PARTY B upon delivery of the terms to PARTY B or the agent or other representative of PARTY B.

    If a Hire Deposit is paid it is conditionally refundable:

        A Refund WILL be issued on the condition that

            The cancellation period is not breached - Up to 5 days (120hours) before the agreed date of the event or start of the hire)

            Notification is provided in writing and by phone as a message or voicemail,

        Refund will NOT be issued if:

            The cancellation is made within the 5 days leading up to the hire (120hrs)

            Notification is not provided in writing and by phone as a message or voicemail.

            More than 28 days have passed and the event has not gone ahead due to a reschedule by PARY B.

 

3.1 Hire Terms and Conditions

PARTY A must inform PARTY B the purposes an nature of the hire. PARTY B reserves the right to not hire equipment to parties at our discretion.

    Time extension of rental beyond the agreed rental hours incurs a fee per time period of hire this fee will be added to the invoice due, post event and must be paid together with any remaining fees. This period may vary according to the hire and the fee will be based on the original hire costs on a pro rata basis.

3.2 Late Payments:

        Late payments will incur an admin fee of 5% of the total hire amount. This will be regardless of any balance already paid.

        If the late payment is as part of a regular hire, the admin fee of 5% will apply for every week (7days) the payment is delayed. eg. If the hire was $100 and $50 has been paid, $50 remains unpaid for beyond 5 business days of the due date*, after 21 days the amount owed will be $65 ($50 + $5 + $5 + $5).

3.3 Damage / Loss of Equipment

Depending on the event a minimum 50% of the value of the hire (Hire Deposit) will be requested to be paid to PARTY A as a security. PARTY A may sometimes require that the full amount be paid. Failure to pay the deposit means the hire will not go ahead and equipment will not be rented until the deposit is paid.
Unreasonable Damage

Damage to equipment  that is either vandalism or wilful damage by either PARTY B OR PARTY C to equipment. Examples include damage to containers, to the headphone’s themselves, transmission equipment and lights.

 

3.3.1 Broken Equipment

        Must be reported to PARTY A after the hire at least within 7 days of completion.

        Must be returned to PARTY A as soon as possible since breaking

        Will be checked by PARTY A for technical faults - all decisions about damage are final, no negotiation will be entered into

        Can be repaired in-house or sent back to supplier for repair and replacement of parts

        Will incur a repair or replacement fee if damage was at the fault of improper use* of the equipment

3.3.2 Lost Equipment

Loss of equipment is determined confirmed where equipment hired by PARTY B from PARTY A and is not returned by PARTY C or PARTY B to PARTY A within the required timeframe (7 days). Loss is determined by counting how many headphones went out and how many came back. Loss may also include parts such as ear-muffs, transmitters and connecting cables. While staff at events may try methods of ensuring no loss, loss at an event hire is solely the responsibility of PARTY B. Replacement will be requested for a loss or additional fees will apply for equipment replacement.

        It is the responsibility of PARTY B to ensure equipment is not lost or stolen from their possession

        Lost equipment will incur a fee payable by PARTY B

        Must be reported to PARTY A during or after the hire or at the least within 7 days of the hire completion.

    Improper use* of equipment includes:

        Dropping of the equipment

        Negligent use such as wilful damage to vandalism

        Not storing the equipment safely in moisture free environments

        Allowing water damage to occur eg. PARTY B or PARTY C spilling drinks on or dropping the equipment in water.

3.4 Repair and Replacement Fees

        It may be deemed possible to repair a headset and only parts and labour costs involved may be charged

        Repair fee: Up to $60

        Replacement Fee: $65

        Lost Headset: $65 (Same as replacement Fee)

        Lost ear muff: $5 each / $10 per pair

        Broken or lost transmitter: $250 each

        Lost Cable: $25 each

        Repair and Replacement Fees must be paid within 28 days of the diagnosis report sent to PARTY A by PARTY B

4.0 Late Return Fee

        A fee of $100 per night could apply to hires that have been returned late

        The fee must be paid by PARTY B on equipment return

        The date of return will have been negotiated at the point of sale and is connected to the ‘booking code’ issued to PARTY B by PARTY B

5.0 Extra Day / Night Hire Terms and Conditions

    Time extension of rental beyond the agreed rental hours incurs a fee per time period of hire this fee will be added to the invoice due, post event and must be paid together with any remaining fees. This period may vary according to the hire and the fee will be based on the original hire costs on a pro rata basis.

6.0 Cancellation of Hire

In the event of a cancellation of the event, PARTY B agrees to contact PARTY A by telephone and in writing (email / SMS) at least 7 days (168 hours) beforehand, to let them know of the cancellation. A cancellation fee may apply.

For online booking the deposit is 50%. If the cancellation is not in breach of the contract then a full refund will be issued to PARTY B.

If a cancellation of the event occurs within 5 days (120 hours) of the event date any deposit amount paid to PARTY A will not be refunded to PARTY B. This assumes forfeiture of the full payment if in breach of this period where the deposit was a full payment.

Refer the the below schedule:

• Online Payment (Full amount paid)
• Deposit amount 50% of full amount
• 50% of full payment amount is forfeited if cancelled within 7 days (168 hours) of the event.
• 100% forfeited if cancelled within 5 days (120 hours) of the event.
• Other payment (Deposit % paid)
• Deposit amounts may vary
• 50% of full payment for hire is forfeited if cancelled within 168 hours of the event.
• 100% forfeited if cancelled within 120 hours of the event.

In the event where PARTY A is no longer able to provide the equipment for hire, PARTY A must inform PARTY B by telephone, in writing (email / SMS) at least 10 days prior the event unless PARTY A is unable to provide the rental equipment due to unforeseeable circumstances. Under this circumstance, any deposit made will be refunded in full to PARTY B.

PARTY A may consider offering a credit to be used for future hire. If granted, this credit expires 168 days (6 months) from the date the cancelled event was originally scheduled. If the rescheduled event is not held within this timeframe all paid fees are forfeit.

No further liability will be accepted by PARTY A.

6.1 COVID-19 PROVISIONS for Cancellation

During the COVID-19 lockdown many events have been cancelled. If your event is cancelled due to the following reasons then you are eligible for a full refund on pre-paid pre-booked orders:

•  State Government laws or emergency orders prevent gathering
•  Social distancing laws changed and gathering is now not permitted by law
•  One or more of the executing team at Silent Rave have contracted COVID-19 and are medically confirmed to be positive for the virus (or pending test results) preventing event execution

Please refer to our Risks and Event Terms and Conditions section of our website for related documents.

7.0 Pickup and Delivery

Please be aware that pickup and drop off is only available from certain limited branches.

Currently you can pick up from the following branches:

• Blacktown, 2148 NSW
• Torrens, 2607 ACT (In Progress)
• Wollongong, 2500 NSW
• Brisbane (In Progress)
• Melbourne (In progress)