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B.E Harris & S.

L Whalley T/A Townsville Jukebox & Party Hire ABN: 11 696 633 797 Hire Agreement
Name of Hirer Company Name.. Equipment Hired. . Hire Date/s.. We agree to hire equipment to you and you agree to hire equipment from us on the following terms:

Conditions of Rental Agreement


1. INTERPRETATION 1.1 Definitions T/A means Trading As. Equipment means anything that we hire. This includes but is not limited to Digital Jukeboxes, Slushee Machines, PA Systems, Audio devices, Tables and Chairs, Marquees and Shade Covers, Cooler Boxes, Lighting and various other products. Hirer means the party or parties named as hirer on the application form. Us/We means B.E Harris & S.L Whalley T/A Townsville Jukebox & Party Hire. Deposit means the security fee paid upfront and is $50.00 unless otherwise stated. 2. HIRE OF EQUIPMENT 2.1 3. Townsville Jukebox & Party Hire agrees to hire equipment to the hirer for use on the date indicated in the below form on the terms set out in this agreement. DELIVERY AND PICKUP OF HIRED ITEMS 3.1 Prior to accepting possession of any hire items, you are satisfied that they are in good repair and safe working order, you are aware of the proper use the items are designed for, you are satisfied that the equipment suits the purpose and you are also satisfied that you have been given adequate instructions on the use of the equipment, which you understand. 3.2 4. Prior to retuning items, you must have cleaned the items sufficiently and returned them in the same condition in which they were given to you. PAYMENT OF DEPOSIT AND BALANCE OF HIRE FEES 4.1 The deposit of $50.00 will be payable at least 7 days prior to the date of hire. If the hire booking is taken within 7 days of the date of hire, the deposit is payable at the time of booking. This deposit is nonrefundable, but will be subtracted from the total hire fee. The balance of the hire fee is payable on delivery and must be paid prior to the hire of any equipment. The only time that an exception to this will be allowed is when We and the Hirer have agreed to a Post Event Invoice. 4.2 5. All dishonoured cheques fees will be paid immediately by the hirer. DAMAGE TO / LOSS OF JUKEBOX, SLUSHEE MACHINE and / or other items on HIRE FROM TOWNSVILLE JUKEBOX AND PARTY HIRE 5.1 The hirer is the person totally responsible for the safe keeping of the equipment from the time of delivery to the time of collection. 5.2 The hirer agrees to pay Townsville Jukebox and Party Hire the scheduled price for the Jukebox, Slushee Machine and / or other equipment. If any of the equipment hired is lost, stolen or damaged between the time of delivery to the time of collection, a fee will be charged. The scheduled prices are $10,000.00 + GST for the Jukebox, $2,500.00 + GST for the Slushee Machine, $2,000.00 + GST for the PA 3000 Wireless PA System, $6,000.00 + GST for the DJ setup (2x800w Dual 15 Boway Speakers, DJ Style Mixer, Dual CD Players, Dual Channel 750w Amplifier and other Misc DJ gear and accessories.) All other Equipment has an individual scheduled price of $1,000.00 + GST or less. Please note that damage will be assessed on a case by case basis and therefore the cost of damage will vary for each incident. In the case that the equipment is deemed by Townsville Jukebox and Party Hire to be destroyed, missing or in a condition that is not viably

repairable, the full scheduled price for that item will be charged to the hirer. For more detailed information, please ask us. All costs are to be paid by the hirer immediately or within 7 days upon demand by Townsville Jukebox and Party Hire. 5.3 The hirer shall be responsible for ensuring that the Jukebox, Slushee machine, PA System or Sensitive Audio Products are kept undercover at all times and are not exposed to rain, water, high humidity, direct sunlight, heat or any other damaging factor. 6. *** VERY IMPORTANT *** POWER CONNECTION and POSITIONING. Townsville Jukebox and Party Hire will supply a 10-25 meter extension cord if necessary. The maximum extension cord length permitted is 25 meters. NO GENERATORS PERMITTED, MUST BE MAINS SUPPLIED POWER. All equipment, unless specifically designed for outdoor use, must be kept under shelter at all times and be protected from weather conditions. Jukeboxes must be placed and used on a flat, level surface such as concrete or wood and must not be placed on grass, dirt or other similar areas. 7. INDEMNITY You agree to completely Indemnify Townsville Jukebox and Party Hire, B.E Harris & S.L Whalley and anyone associated with these organizations against any loss, damage, injury or death of persons or personal belongings arising out of the use, storage or transport of any of our equipment as a result of your actions or omissions whether they are intentional, negligent or accidental. 8. STORAGE *** VERY IMPORTANT *** The hirer will be responsible for storing the Jukebox, Slushee machine or any other equipment in a secure area when not in use. If using the equipment in a function room or similar, the hirer agrees the equipment is to be stored in a locked room after the function for safe keeping overnight. 9. FAILURE OR MALFUNCTION OF JUKEBOX, SLUSHEE MACHINE OR OTHER EQUIPMENT 9.1 Townsville Jukebox and Party Hire is not responsible for any damage caused in the event of a failure or malfunction of ANY hire equipment. 9.2 9.3 Townsville Jukebox and Party Hire's liability to the hirer in such circumstances shall be limited to a maximum of a complete refund of the hiring fee minus any applicable delivery & pickup fees. The hirer agrees to fully indemnify Townsville Jukebox and Party Hire in relation to any claims by persons or entities who are not parties to this agreement arising out of the failure or malfunction of the jukebox during the time of hire. 9.4 The hirer agrees to indemnify Townsville Jukebox and Party Hire and any of its agents in relation to any

injury or death caused by or contributed to by the equipment hired. Townsville Jukebox and Party Hire takes every necessary precaution to ensure that the hirer fully understands the operation of Hire Equipment and the best environments to keep it in. Please ALWAYS use caution, and remove any potential hazards, such as loose cables on the ground etc. 10. CONSEQUENTIAL LOSS 10.1 We are not responsible for any delay, loss or consequential loss including loss of profits due to the supply or failure to supply any piece of equipment to you or due to the failure of the operation of any piece of equipment for any reason whatsoever. 10.2 We shall have the benefit of this clause and any limitations of liability if any loss or damage arises for any reason whatsoever, including Breach of Contract, Negligence, breach of duty or willful act or default. 11. YOUR OBLIGATIONS 11.1 You must: a) Follow the terms of use for all equipment; b) Ensure all persons operating equipment are suitably instructed to do so; c) Ensure that equipment is always secure; d) If using a Slushee Machine, ensure that no other product other than the provided Slushee Machine Syrup, water and alcohol (if the machine is to be used for alcoholic cocktails) is used in the machine; and e) Allow us, if we choose to do so, to enter the Property where the equipment is situated to inspect the equipment at any time during the hire period. 11.2 You must NOT: a) Use any equipment for any illegal purpose; b) Tamper with, repair or modify any equipment in any way whatsoever or permit another to do so whether intentionally or accidentally; c) Sell, hire or part with possession of any equipment;

d) Use equipment in any other area except for the area it has been set up in prior to our consent; and e) Damage the machine in any way. 11.3 You Acknowledge: a) In accordance with the Liquor Act 2007, it is against the law to sell or supply alcohol to, or obtain alcohol on behalf of, a person under the age of eighteen (18) years; b) That the title of ownership of all equipment remains with us; c) That we have provided you with sufficient instructions to use any equipment you have hired; d) That you have adequate knowledge and degree of competency to use any equipment you have hired; e) That if a Slushee Machine is to be used for the making of alcoholic cocktails, that you will supply the alcohol and add the alcohol to the Slushee Machine without our assistance. We strongly suggest that you should be aware of the amount of alcohol you add to any drink, and to make other people aware of this as well. You clearly acknowledge that you are the provider and supplier of alcoholic and nonalcoholic drinks/food for your function. We are in no way responsible for the alcoholic content of any cocktail produced by our Slushee Machines; and f) That Panoptic Digital Pty Ltd T/A Townsville Jukebox and Party Hire will have full rights to decide on the appropriate damage/repair/replacement costs of any equipment hired, unless outlined in the scheduled prices. 12. WHAT YOU ARE RESPONSIBLE FOR 12.1 You are responsible for the following costs during the period of hire and/or between the time of delivery and the time of pickup: a) Any additional Slushee Syrup Mix you may use other than your base supply; b) Alcohol, if the Slushee Machine is to be used for alcoholic cocktails; c) Replacement of any equipment lost, stolen (by you or any other party) or missing, at the Scheduled prices; d) Repair or Replacement of any equipment due to any accidental or intentional damage (by you or any other party); e) Repair or Replacement of any equipment due to vandalism (by you or any other party); f) Repair or Replacement of any equipment due to the negligence of you or any other party; g) All costs incurred by us as a result of a breach of this contract by you; and h) All costs associated with and/or loss of income resulting from a Police Seizure of any equipment you have hired. This particularly relates to Jukeboxes and other Audio Equipment, but covers all equipment in general. If a request is made by a Police Officer, we strongly recommend that it is followed. 13. CANCELLATION 13.1 In the event that Townsville Jukebox and Party Hire receives written notice of cancellation of the hire arrangements from the hirer at least 14 days before the Function Date then a full refund of booking deposit will be made. 13.2 14. LICENSING 14.1 Townsville Jukebox and Party Hire holds relevant licenses to allow the use of the jukebox to be played at both Private Residences and at Public Function Rooms. Should the Jukebox be used in a questionable area, the hirer will be responsible for obtaining all necessary licenses to allow playing of the music at that location. 15. GOVERNING LAW This contract is governed by the Law of Queensland. If written notice of cancellation is not received at least 14 days before the Function Date Townsville Jukebox and Party Hire may keep the booking deposit as a cancellation fee.

I have read and completely understood the Conditions of Hire as listed below and agree for myself, and on behalf of the above organization to be bound by them. I agree to be fully responsible for any Equipment hired from B.E Harris & S.L Whalley T/A Townsville Jukebox & Party Hire. Date.. Signature.

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