1.1. “Equipment” means all theme equipment, decorations and accessories supplied to the Hirer in conjunction with the Services.
1.2. “Hirer” means the person, firm, corporation or other body who hires the Equipment and/or services from IGBY Productions
1.3. “Services” means theming/styling/hire and event planning and decorations services.
1.4. “IGBY” means Jez Consulting Pty Ltd trading as IGBY Productions
2.1. Prices quoted are exclusive of GST. GST is itemised separately.
2.2. If, after the date of IGBY’s acceptance of order, any increase occurs in the costs necessarily incurred by IGBY in supplying the Services, including but not limited to materials, labour, transport, overheads or other items which IGBY has to pay or incur in the performance of the Contract, then the amount of any increase in such costs shall be added to the Contract price.
2.3. Travel, accommodation, delivery and freight charges will apply unless otherwise specified in the quotation.
2.4. Where the price has been quoted in IGBY’s quotation or estimate based on the Client’s specification then IGBY reserves the right to vary the price for the Services should the Client’s specification change.
3. Terms of Payment
3.1. The Hirer must pay to IGBY a non-refundable deposit in the amount of 50% of the quoted cost for the Services and Equipment, on acceptance of the quote. Sixty (60) days prior to the Event date, a further 50% payment of the balance is due. Final payment of accounts must be made within seven (7) days after the day of the Hirer’s Event.
3.2. The Hirer shall be responsible for all payments of hire charges for Equipment and Services requested by the Hirer, including (but not limited to) charges for loss, damage and repairs to the Equipment, taxes, duties, levies and any other charges paid by IGBY in connection with the Services and Equipment. Subsequent charges for loss, damage, repairs, or other expenses are to be paid within 7 days of the relevant notice.
3.3. Interest at the rate of 15% per annum shall be charged on any amounts outstanding after the due date for payment and the Hirer agrees to pay any legal or recovery costs incurred by IGBY in collecting overdue payments.
3.4. Amounts quoted are for one use of the Equipment and Services only. Prices quoted are for delivery and removal to street-level. Extra charges may apply for delivery and removal to higher or lower levels.
4.1. The Hirer acknowledges that it has received instructions from IGBY on the proper use of the Equipment.
4.2. The Hirer must notify IGBY immediately in the event any Equipment is lost, damaged or not in proper working order. The Hirer shall not attempt repair of any damaged Equipment and shall return such equipment to IGBY for replacement.
4.3. The Hirer shall not remove any Equipment from its location or position without the consent of IGBY.
4.4. The Hirer agrees to grant IGBY access at all reasonable times for the purpose of inspecting the Equipment.
4.5. The Hirer is responsible for ensuring that the Equipment is returned to IGBY or stacked (if appropriate and will not damage the equipment) and ready for pick-up by IGBY. If not, the Hirer shall be charged the full daily hire rate for the Equipment until returned or collected by IGBY.
4.6. In the event the Equipment is lost or damaged by the Hirer or its guests, the Hirer shall be liable for:
(1) Any and all costs incurred by IGBY in repairing or replacing the Equipment;
(2) Hire charges for the Equipment until the Equipment is repaired or replaced; and
(3) Any other costs incurred or loss suffered by IGBY.
5. Hirer’s Obligations
5.1. The Hirer shall be responsible for the Equipment from the time of delivery until the time of return to or collection by IGBY.
5.2. The Hirer shall maintain at its own cost all necessary insurance in an amount that will cover the Equipment against all claims, loss or damage of whatever nature or type and howsoever suffered.
5.3. The Hirer shall abide by IGBY productions site rules, which will be issued prior to the event, while IGBY Productions, and it’s staff, are on site setting up and packing down the event.
6.1. The Hirer agrees to indemnify and keep indemnified IGBY from and against all costs, damages, claims, loss or liability (including legal costs and disbursements in defending or settling the claim giving rise to the same) arising from or in connection with the provision of the Services or Equipment by IGBY.
7. Warranties and Limitation of Liability
7.1. Except as required by statute, all implied conditions and warranties are hereby excluded and to the extent that such conditions and warranties cannot be excluded the Hirer agrees that its sole and exclusive remedy to any breach of a condition, warranty or undertaking hereunder (whether direct, indirect, special or consequential) shall be limited at the sole discretion of IGBY to one of the following:
(a) The re-supply of the Services and / or Equipment; or
(b) The payment of the costs of re-supplying the Services and / or Equipment.
8.1. The waiver by IGBY of any breach by the Hirer of any of these terms and conditions shall not prevent the subsequent enforcement of that term or condition and shall not be deemed to be a waiver of any subsequent breach.
9.1. IGBY reserves the right to vary or alter these terms and conditions upon providing seven (7) days written notice to the Hirer.
10.1.If any of these terms or conditions are subsequently declared illegal or unenforceable, then such illegal or unenforceable terms or conditions shall be severed here from and the remaining terms and conditions shall continue in full force and effect.
11. Cancellation Policy
11.1.Notice of cancellation must be made in writing to IGBY.
11.2.Cancellations made prior to sixty (60) days of the Event will forfeit their 50% deposit.
11.3.Cancellations made less than sixty (60) days prior to the Event will forfeit all deposits and payments made.
11.4.Any penalties imposed by any vendor (including but not limited to: Venues, Caterers, Entertainers, Furniture & Equipment Hire, Floral Supplies, Staff, Digital) and where reservations have been confirmed will also apply.
12. Intellectual Property
12.1.Mood boards, Floor Plans, Designs, Images and Concepts formed and designed by IGBY Productions and any sub-contractor/contractor in relation to your event remain the intellectual property of IGBY Productions and are protected under Copyright.
12.2.Mood boards, Floor Plans, Designs, Images and Concepts formed and designed by IGBY Productions and any sub-contractor/contractor may not be replicated, forwarded or duplicated without the express written consent from IGBY Productions.
12.3.The design/concept is not permitted to be replicated by another Styling/Event Management and/ or Furniture Hire Company without express written consent from IGBY Productions.
12.4.Mood boards, Floor Plans, Designs, Images and Concepts formed and designed by IGBY Productions and any sub-contractor/contractor in relation to your event will remain in IGBY Productions possession until a 50% deposit has been paid to secure the booking. Prior to the deposit being paid Mood boards, Floor Plans, Designs, Images and Concepts will only be present at meetings. Once a deposit has been receipted, Mood boards, Floor Plans, Designs, Images and Concepts will be sent to you for your reference.
12.5.IGBY Productions reserves the right to administer a design fee upon discovering that any part of our design has been replicated without our express permission as outlined in the aforementioned points of this agreement. This may include charges for loss of revenue and compensation for any reasonable damage to our brand that may occur. An invoice will be generated and payment must be made within 7 days.