Terms and Conditions – In-Ya-Face Entertainment

Term & Conditions of Hire/Service

A. Definitions:

“The business” or ‘us’ is referred to as In Ya Face Entertainment (ABN 32279080102)
“Hirer” “client” or “you” is referred the company, person, firm that is responsible for taking the equipment or hiring a hosted system from the business. The Hirer is also referred to any associates or personal representatives.
“Equipment” includes any audio, lighting, staging gear, instruments or special effect. Attachments for these products are also included such as leads, speaker stands, speaker bags, power boards and cases.
“Hiring Period” commences when equipment has been dispatched either from pick up or drop off location and ceases when ALL equipment has been returned to the business.
Your purchase of services and/or equipment from the business is subject to these Terms and Conditions of Service. By booking a service from the business an agreement is formed between us and you. If you do not accept these Terms, please contact us for any clarification or amendments.
This contract is subject to change without notification to the buyer, we reserve the right the alter this contract at any time, errors and omissions excepted.

B. Equipment Hire:

Before the equipment has been dispatched from the business, a $200, $500 or $1000 security deposit (dependent on equipment & venue) is to be paid upfront by the Hirer. This deposit will be returned after equipment has been tested and checked and all additional accessories, cables, cases etc. has been returned. The deposit will be returned via Direct Deposit or Cash. It may take 3-5 business days for the deposit to be returned.
To ensure booking is confirmed, a deposit of 25% of the hiring fee needs to be paid upfront to secure your booking.
It is agreed by between both parties that the deposit may be applied to cost of replacement, equipment repair, additional servicing or cleaning and any short fall from equipment being returned late.
For outdoor or exposed events – In the event of any or all of the following: forecasted rain; storms; heavy winds; hail; severe heat; or any other extreme weather conditions, the security deposit will be supplemented by a $1000 deposit. The customer agrees to this fee which may be implemented at any point leading up to the event.
Credit card payments and Square electronic invoices will incur a 1.6% surcharge.

C. Hirer’s Responsibility and Liability:

The Hirer is liable and accepts full responsibility for any new damages, loss or misplacement of equipment for any reason whatsoever during the hiring period except where new damages are caused by reasonable wear and tear. This includes any water damage, sun damage, sand/dust damage and any other damage caused by negligence.
At all times during the Hiring Period the Hirer is responsible to use the equipment in a skillful and proper manner. If the equipment is damaged or unclean, the hirer shall at his/her own expense service, clean and maintain the equipment.
A photo will be taken of the Hirer ID upon pickup or delivery. This ID must have proof of address, a photo of the Hirer and be either a driver’s license, over 18’s card or passport. The Hirer may nominate a person to sign the contract and pick up the equipment on their behalf. The Owner will need to be informed by the hirer before Hiring Period commences.
The business shall not be liable to the personal injury or death of the Hirer and his successors, or other persons in any way, which are caused by, or relating to the equipment or its use. In addition the business shall not be liable to any damage to, or loss, or destruction of the hirer property in any way, which are caused by, or relating to the equipment or its use.
The Hirer is not only responsible for the safety all equipment hired, but to ensure that equipment has been setup to as safely as possible. The business will not be publicly liable for any damages, personal injury, and destruction of property to any persons or property affected.

D. Equipment Hire General:

This agreement is intellectual property of the business It may not be transferred or assigned to another party without the Owner’s consent.
1 day hire is classed as a one day/one night hire within a 24 hour period maximum, equipment must be returned by the time specified. Failure to return equipment on time will incur a fee equal to 100% of the day hire fee. An additional fee equal to 100% of the day hire fee will be charged for each additional 24 hour period until the equipment is returned. The fees will be deducted from your bond and any additional amount will be invoiced.
If after 48 hours, if the hired equipment is not returned to place of hire, it will be considered stolen and reported to the Police.

E. Hosted Karaoke & DJ Services:

To secure a DJ or Karaoke booking a 25% booking fee of the initial quote must be paid by credit card, EFT or cash to confirm a booking. Cheques are not accepted. The Business reserves the right to adjust the booking fee percentage. The booking fee may be the full amount based on the notice period.
Cancellations: If you cancel 8 weeks prior to your booking your full deposit is refundable. For cancellations within the 4 to 8 weeks range we retain 50% of your deposit. For cancellations under 4 weeks, deposits are not refundable.
Final payment via EFT (direct bank deposit), or credit card is due 5 business days prior to the event date. If final payment is not received by the date of the event, we reserve the right to withhold the performer from attending the event. Unless an agreement with the Business is made to accept payment on-site prior. All payments must be made as per the schedule listed above/below prior to the commencement of any engagement unless other arrangements are agreed to in writing between the Business and the client.
Credit card payments and Square electronic invoices will incur a 1.6% surcharge.
Stair fees must be paid on the night if the firm is not advised before the event. The standard stair fee is $100 per story. The stair fee is non-negotiable. The firm reserves the right to cancel a performance if the stair fee is not paid. Stair fees may not be applicable if the venue provides lift access or labour helping load in and out.
Failure to make full payment before the due date will result in a 10% administration fee added to the full cost of the booking.
Overdue payments that exceed one month of the due date will be referred to a collection agency, with the client being liable for the additional collection fees.
The Business reserves the right to charge additional fees, should the client request an earlier setup time than the time allocated.
The Business reserves the right to amend pricing based on additional requirements. Additional requirements include any extra costs that the Business may incur to meet the requirements of the venue. This may occur when a client and or venue has withheld or failed to provide information about performer requirements before booking with the Business. The Business reserves the right to withhold the performer or to terminate service if the client does not pay the new balance. The Business accepts no liability for this.
The Business reserves the right to open up a booking date if the client has failed to make payment to secure their booking. All bookings are not held until payment is received.
The client is responsible for any parking fees that the we may incur that are a result of limited access to the venue.
All EFT payments must be made 10 business days from the date of the event.
If the client chooses to change the venue. The Business reserves the right to issue a new contract. The booking fee from the previous payment may be forfeited. The Business reserves the right to issue a new invoice and pricing based on the new venue location.
Failure to make an agreed payment on the day of the event will result in a full cancellation of the service. The Business will not be liable for any non-performance. The only payment accepted on the day of the booking is cash or credit card.
The Business reserves the right to cancel a booking. Any monies paid will be refunded via EFT at the firm’s discretion.
When rescheduling a booking, the client will be informed by the Business of availability on the dates suggested. If the client chooses a date the firm is not available, the said decision does constitute a change of mind. This change of mind may result in the loss of any booking fees paid. Credits may be applied for future bookings.
The client has a duty of care to provide accurate information about the event we are performing for. Failure to do so or withholding information about the event may result in a cancellation by the Business. This may occur when the Business has been advised that the event is a birthday or engagement party when it is a wedding. This is considered fraud by the Business and will not service the event. All payments made will be retained and not refunded. The Business deems this behaviour fraud to gain a financial advantage.
If you are booking other entertainment as well as hiring our services, please consider the amount of space available and where you require the performer to set up. Speaker location is usually best if it is no greater than 3 metres on either side of the performer.
All bookings should be taken on the understanding that the venue is in possession of the necessary entertainment (noise levels) & liquor licenses. We are not responsible if the venue is found to be in breach of the terms of their license.
It is the client’s responsibility to ensure the equipment booked is suitable for use at the event venue. No refunds, part or full, will be given for the non-use of specific equipment that cannot be used due to any venue restrictions imposed. No refunds, part or full, will be given if the client book insufficient sound equipment. Some venue layouts require additional speakers, and failure to provide a floor plan and/or guest numbers will result in the client revoking any right to complain if the sound system is insufficient. Not all equipment is designed to fit through narrow doorways and/or up staircases. It is the client’s responsibility to inform us of any access restrictions that may impede set-up or restrict equipment use.
We do not tolerate violent, aggressive or abusive behaviour from anyone under any circumstances. We also reserve the right to terminate our services at any time that we feel our personal safety is under threat. We do not take responsibility for ejecting any unwanted persons from any venue. You will be advised of any problems that we may have in this respect with any of your guests.
We will not be responsible for any damage or loss to private or public property caused by invited or uninvited guests.
It is the responsibility of the client to make sure that there is an adequate provision of electrical power within five metres of our set-up point. We require a minimum of 1 x power outlets on individual circuit breakers dedicated purely for our equipment (not in the form of an extension lead or power board) larger system packages may require 2-3. Any damage caused to our equipment by an inadequate power supply or power interruption is the responsibility of the client. The client is fully responsible for any damage caused to the equipment caused by the use of noise limiters and the subsequent cut-off and reintroduction of power without our consultation.
Should the booking end time pass, The Business retains the right to refuse to continue to play unless remunerated on the agreed-upon hourly rate, the payment must be made as a cash payment before the performance is continued. The Business and client will offer leeway concerning the precise time. For example, the firm is booked until midnight and the music concludes at 12:15 am.
Should we be performing outside, the client has a duty of care to provide heating, cooling and shelter in the event of extreme weather conditions, hot or cold. If heating is not supplied and temperatures drop below 10 degrees we reserves to right to stop performing without liability. Clear roofing shelter is not counted as adequate shade to prevent equipment from overheating.
A meal and water/soft drinks must be provided to the DJ and/or technicians if the event exceeds 3 hours. Failure to do so may result in the performer taking a legally required break and the Business accepts no responsibility for any refunds for non-performance during this break period.
The Business will not be liable for non-performance if the client has booked services exceeding venue operating hours. This applies to home venues or bookings who book our services past local sound restrictions times and the police arrive to end the event. The full fee will still be applicable.
Should guests cause the event to finish early due to misconduct, violent, aggressive and/or destructive behaviour the firm will not be liable for non-performance and the full fee will be applied.
The client must ensure that the firm has adequate time to bump out from the venue. Bump-out times may vary but the firm requires a minimum of 1 hour for the base systems. This excludes stairs or difficult to bump out venues.
We require a minimum of two hours to enter a venue and set up our basic equipment before the start time.
Only staff employed by us may operate our equipment. Under no circumstances may unauthorised personnel tamper, move or attempt to use the equipment owned by the Business. We cannot accept responsibility for damage to property, or injury to persons caused directly by third-party intervention. The Business reserves the right to cancel a booking if patrons attempt to use any equipment without any refund. The Business will not be liable for any non-performance. The client will also be charged for retesting and tagging of all equipment in use at the event.
For bubble machines, snow machines, smoke machines and hazers, it is the client’s responsibility to ensure they have the relevant permission from the venue for the use of these services. Should there be any additional charges for cleaning up the discharge from these machines, this is to be paid by the client.
The Business regularly services and maintains all sound and lighting equipment and carries essential backup equipment. In the rare event of any equipment failure, an onsite repair will be attempted. If however there is an irreparable breakdown in lighting and/or sound a partial refund will be given, decided upon by the Business.
Any intentional microphone drops will result in the client paying for the full replacement of a new microphone, irrespective if the damage is apparent or not. The client has a duty of care to inform all their guests using the microphone that dropping, mishandling or throwing of the microphone is strictly prohibited.
Equipment supplied is subject to change depending on the availability & functionality of the equipment. In the event equipment has been double-booked, the firms reserve the right to allocate new equipment or cancel the booking at their complete discretion.

F. Privacy:

We reserve the right to use any photography taken during the function period for promotional purposes. School and children’s events are exempt from this.
The client must advise the firm in writing if they do not wish photography and/or videography to be placed on social media.
To have no media placed on social media the client must advise the firm no later than 2 business days before the event.
The firm reserves the right to use any photography/videography on social media platforms if the client has not provided in writing a request to not do so.
The Business reserves the right to share images of its DJ console and the venue on social media platforms.
The client agrees that once the event has transpired any images remain the right and property of the firm.
The Business reserves the right to take Photography & Videography as evidence for the work being completed. If a dispute arises the firm reserves the right to share the link on social media platforms to demonstrate the service provided. This video and photo evidence will be deleted in 12 months if requested in writing.
For copyrighted images the client has also obtained the rights for the firm to use said copyrighted images. Any images that are copyrighted and permission given to the client are also extended to the firm.

G. Master of ceremony MC duties & Runsheet changes

MC duties that are provided are of a general nature. The business will not detail lengthy stories, make jokes or play games.
MC Duties are light and basic. Advanced MC duties are not part of any quote that states MC Duties unless specified.
MC duties will be completed to the best of the firms and the DJ’s ability.
Human error may result in minor mistakes. The firm reserves the right to refuse a refund if minor errors occur. The client agrees to accept human error within reason. For example, not proposing a toast.
The firm reserves the right to charge additional fees for more heavily involved MC duties. For example, telling stories or reading scripts.
The client agrees to communicate all changes to the run sheet with The Business. The Business will not accept responsibility for any failure or breakdown of communication on the part of the client. The Business will take measures to prevent failures or breakdowns in communication, with emails and calls.
If the DJ/MC is unable to see the room in full any services given are not guaranteed. The firm reserves the right to adjust floorplans to ensure they can provide a quality service.
If the DJ/MC mispronounces a name The Business will not be liable. This is considered human error by The Business and the client accepts this by entering into this contract.
MC duties are only available in English, by booking us the client acknowledges this.
MC services are an additional addon and are not included unless requested or stated in the itemised invoice.
Any event coordination is light and basic, this service is limited to coordinating with the videographer, photographer, MC, special FX operators and venue on the day.
The client has a duty of care to ensure there are no discrepancies between their primary run sheet and the business’s run sheet.
If the DJ or MC is located upstairs away from the main section, services may be limited given the additional workload.
Should the DJ or MC make mistakes due to on the day changes the firm will not accept any liability or responsibility for the confusion.

H. Insurance Certificate of Currency

Please click HERE for a Certificate of Insurance Currency