Terms & Conditions

1.1 This Agreement governs the terms and conditions under which Six Foot Four Productions Pty Ltd (ABN 58 656 524 051)

("we," "us," or "our") provides hiring services to the customer named below ("you" or "your") (together, the "Agreement").

1.2 In this Agreement, the following expressions have the following meanings unless otherwise stated:

"Agreement": This Agreement, including the Hire Receipt.

"Cancellation Charges": As outlined in clause 7.

"Charges": Includes any charge, not limited to the Hire Charge, Late Fees, Cleaning Costs, Cancellation Charges, Interest and additional rates for the Goods, as we determine occasionally.

"Cleaning Costs": As outlined in clause 11.

"Damage Fee": The reasonable cost of repairing damaged Goods (or any part of them).

"Damage Waiver": As outlined in clause 10.1.

"Excess Amount": As outlined in clause 10.2.

"Goods": Equipment, technology, accessories, or products you hire from us, as listed on a Hire Receipt.

"Hire Charge": 100% of the cost of the hire of Goods, as outlined in the relevant Hire Receipt.

"Hire Period": The duration of the hire, as set out in the Hire Receipt.

"Hire Receipt": The digital or physical receipt provided to you in connection with the hire of the Goods.

"Interest": As outlined in clause 14.1.

"Late Fee": As outlined in clause 6.

"Pickup Time": As outlined in clause 7.1.

"Pre-Authorisation": As outlined in clause 5.1.

"Premises": Our physical store at 7 Star Avenue, Dudley Park, SA 5008.

"Replacement Fee": The reasonable cost of replacing lost or unreturned Goods (or any part of them) by reference to competitive market prices.

"Security Deposit": An amount determined by us, considering the value of the Goods and other relevant factors, by our company policy.

"VOI Requirements": As outlined in clause 3.

2.1 You will comply with your obligations under this Agreement.

2.2 To provide you with the Goods, you agree to set up an online account with us so that we can collect all necessary information about you or your business before providing any Goods.

2.3 It is your responsibility to ensure the Hire Receipt or any written notification we provide to you correctly states the condition of the Goods and any ancillary information. Notify us promptly of any changes during the Agreement period.

2.4 If hiring Goods for a third party, you will:

(a) Ensure the third party complies with this Agreement; and

(b) Indemnify us for any claim, loss, damage, or expense resulting from the third party's breach of this Agreement.

2.5 You acknowledge and agree that:

(a) You received the Goods in good, clean condition and full working order, raising any defects during pickup at our Premises, recorded on your Hire Receipt;

(b) You will maintain and return the Goods in good, clean condition and complete working order;

(c) You will exercise reasonable diligence, care, and consideration when using the Goods; and

(d) You will not tamper with, damage, or attempt to repair the Goods.

3.1 Unless otherwise agreed by us, before we provide you with the Goods, you must provide the following information:

(a) Your Australian passport (dated up to three years after the expiry date), a valid foreign passport, an Australian driver's license from any state, or another form of ID that consists of your full legal name and photo;

(b) Recent proof of your address, on a utility bill, bank statement, or any other equivalent document no older than 3 months which consists of your name and address; and

(c) Your credit card details.

3.2 You agree that we will securely retain a physical or digital copy of the proof of identity for the purposes of the VOI Requirements on our system until you pay all required Charges. Unless you consent to us keeping it for the future hire of Goods, we will destroy all records of your identification after 365 days of payment of the Charges.

3.3 We may request a second form of identification if we are not satisfied with the one you have provided or if it is in a form that we cannot verify. If this Agreement is solely executed online, we will require you to comply with the VOI Requirements by uploading a copy of your valid identification to our website and may request that you bring these forms of identification when picking up Goods from our Premises at 7 Star Avenue, Dudley Park, SA 5008.

3.4 We reserve the right to allow you to hire Goods only if we are satisfied with the provided identifications for our VOI Requirements, either online or in person during pickup at our Premises. If Charges have been made and you have been denied the Goods due to the VOI Requirements, you will be entitled to a refund of any of that money.

4.1 You must make an appointment or booking in advance to hire any Goods.

4.2 We may accept walk-in appointments at our sole discretion. You acknowledge and agree that:

(a) There may be a minimum wait time of 2 hours before we are able to provide you with the Goods; and

(b) Any Goods supplied to you in connection with a walk-in booking do not affect your obligations under this Agreement, including inspecting the state of the Goods for the purpose of clause 2.3.

4.3 At the time of booking or appointment, you agree to pay the Hire Charge and Security Deposit and authorise the Pre-Authorisation per clause 5.

4.4 All information we provide is supplied in good faith, but we do not warrant or guarantee the accuracy or completeness of any information provided by us or any third party.

4.5 We are not obliged to provide any Goods under this Agreement not described in a Hire Receipt.

4.6 You will pay us the Hire Charge and any other Charges incurred in supplying the Goods to you under this Agreement.

4.7 Additional Charges for cleaning, damage, late returns, loss, breakdown, or Interest incurred by this Agreement will also be applied as per the terms herein.

5.1 Before we accept your booking or appointment, you agree:

(a) To pay the Security Deposit; and

(b) We may take a pre-authorisation of the Replacement Fee on your credit card ("Pre-Authorisation").

5.2 The Security Deposit and, if applicable, the Pre-Authorisation charged to your credit card will be released to you if you have fulfilled your obligations under this Agreement, including:

(a) Paying all Charges due;

(b) Returning the Goods at the end of the Hire Period; and

(c) Ensuring no damage or loss concerning the Goods.

5.3 Depending on your financial institution, refunds under clause 5.2 may take up to 30 business days to process.

5.4 If you incur any of the following:

(a) Late Fee under clause 6;

(b) Cancellation Charges under clause 7;

(c) Replacement Fee under clause 8;

(d) Damage Fee under clause 9;

(e) Excess Amount under clause 10;

(f) Cleaning costs under clause 11; or

(g) Interest under this Agreement, the Security Deposit and Pre-Authorisation will be used to cover applicable Charges and Interest. Any remaining balance will be released to you.

5.5 If the Security Deposit and Pre-Authorisation under clause 5.4 are insufficient to cover additional Charges and Interest incurred, you agree to pay the outstanding balance to our nominated account immediately upon request.

6.1 You agree to return the Goods to us at our Premises by the drop-off time and date specified in the Hire Receipt.

6.2 If the Goods are returned more than 1 hour after the specified return time on a Hire Receipt, you agree that you may incur and be obliged to pay an additional fee of $20 per hour unless otherwise agreed by us ("Late Fee"). We may amend the Late Fee at any time in our sole discretion by giving written notice to you, and such amended Late Fee will apply to the future hire of any Goods under a new Hire Receipt.

7.1 You acknowledge and agree that once you make a booking to pick up the Goods within the time indicated on the Hire Receipt, you must do so within such time or, if no such time is indicated on the Hire Receipt, within a reasonable time ("Pickup Time").

7.2 You may cancel your order by contacting us in writing. If you cancel your order:

(a) Outside of the 24 hours before your Pickup Time, you will receive a refund for your booking minus 10% of your Hire Charge plus a $10 transaction fee incurred by us reversing your booking or

(b) Within the 24-hour period before your Pickup Time, you will receive a refund for your booking minus 50% of your Hire Charge plus a $10 transaction fee incurred by us reversing your booking (collectively, the "Cancellation Charges").

7.3 Where you have incurred Cancellation Charges, we will notify you in writing. All refunds will be paid back into your nominated account. It may take up to 30 days to receive your refund.

7.4 You acknowledge that the Cancellation Charges are fair and reasonable and take into account the loss suffered by the Company as a result of your late cancellation, including our costs to prepare your order and lost opportunity.

7.5 We may, at our discretion, waive the Cancellation Charges in exceptional circumstances.

7.6 Where you have not cancelled your booking before the Pickup Time, and you fail to pick up the Goods within the relevant Pickup Time, you agree that:

(a) We may keep the total Hire Charge paid by you at our sole discretion; and

(b) The Security Deposit and any applicable Pre-Authorisation will be released to you within a reasonable time.

7.7 Nothing contained in these Terms excludes, restricts, or modifies the application of any condition, warranty or other obligation, the exercise of any right or remedy, or the imposition of any liability under the Competition and Consumer Act 2010 (Cth) or any other national, state or territory legislation where to do so is unlawful.

8.1 You agree that if you lose or fail to return all or part of the Goods to us, you must pay the Replacement Fee.

9.1 You agree that any damage to the Goods you cause or contribute to will incur a Damage Fee as reasonably determined by us.

10.1 If you return the Goods in a damaged state and you have paid the Damage Waiver for Goods, you will only be required to pay the Excess Amount instead of the total Damage Fee we have assessed in connection with the damaged Goods, as shown in the table below:

Damage Fee / Excess Amount

Under $500 / $100

$501 – $1,000 / $200

$1,001 – $1,500 / $300

$1,501 – $2,500 / $800

$2,501 – $5,000 / $1,175

$5,001 – $10,000 / $4,500

$10,000 – $16,000 / $7,500

$16,001 – $24,000 / $11,500

$24,001 and above / $18,500

10.2This clause 10 will not apply if the damage to the Goods was caused by your negligence or omission, or by your misuse or abuse of the Goods.

11.1 If we determine, in our sole discretion, that on returning the Goods, they need to be cleaned or serviced to return it to full working order, you agree to pay any reasonable cleaning or servicing costs specified by us ("Cleaning Costs").

12.1 If the Goods break down, or you damage or lose the Goods during the Hire Period, you must notify us and return the equipment to us as soon as possible. You agree that you will only attempt to repair Goods with our express prior written Agreement.

13.1 You agree that you will be covered, if you see fit, by adequate insurance policies (even if this means you have to take out new policies) to cover loss, damage, theft or any other unforeseen circumstance that is your fault. You agree to provide us with proof of these insurance policies if we ask for it.

14.1 If payment of any Charges is not received by any applicable due date either described in this Agreement or on the relevant Hire Receipt provided to you, we will be entitled (without prejudice to any other right or remedy) to:

(a) Withhold further Goods being lent until payment is received in full and in cleared funds;

(b) Require the Goods to be returned to our Premises;

(c) Charge Interest on the outstanding amount at the rate of 5.5% per annum ("Interest");

(d) Require that you make advance payments of the Charges or other amounts due in whole or in part prior to the supply or delivery of further Goods; and/or

(e) Terminate this Agreement.

14.2 You will make all payments without tax deduction unless a tax deduction is required by law. If you are required to make a tax deduction by law, the payment due from you to us will be increased to an amount which (after making the tax deduction) leaves an amount equal to the payment which would have been due if no tax deduction had been required.

15.1 You will use reasonable care and skill in using the Goods.

15.2 You agree to use your reasonable endeavours to ensure that you are full and accurate and notify us in writing if there is any change to the information supplied.

15.3 Except as provided in this Agreement and to the maximum extent permitted by law, no further warranty, condition, undertaking or term, express or implied, statutory or otherwise, as to the condition, quality, performance or fitness for the Goods provided hereunder is given or assumed by us and all implied warranties are hereby excluded.

15.4 You agree that you will fully indemnify us and our team (e.g., directors, officers and employees) for any expenses and costs arising out of any claims, proceedings, demands, or liabilities that result from, or have any connection with any of the following:

(a) Loss, damage, lateness, cleaning or breakdown caused by you or that may result whilst using the Goods;

(b) Your contractual breach or non-performance of this Agreement in any Charges;

(c) A negligent, wilful or wrongful act or omission by you; or

(d) Any tax liabilities or debts that arise for us due to your breach of your tax obligations under this Agreement.

 15.5 You also agree that we may set off any amount owed to us from you against any fees or amounts we owe you under this Agreement.

15.6 You will indemnify us for any loss, liability, or cost that we directly or indirectly suffer concerning any tax other than the tax levied under the law of Australia unless an increased payment compensates that loss, liability or cost.

16.1 Nothing in this Agreement will in any way exclude or limit either party's liability to the other for negligence, liability for fraudulent misrepresentation or for any other liability which it is not possible to exclude or limit by law.

16.2 Your total liability to us (whether based on warranty, contract, tort, statute, misrepresentation or otherwise) arising out of, or in connection with, this Agreement for any one event or a series of related events, will be limited to the total 1.5 times the Charges payable or paid (excluding GST and expenses) by you.

16.3 Neither party will be liable for any indirect, consequential, special, or incidental loss or damages of any kind, including loss of revenue, loss of profits, failure to realise expected profits or savings, overhead costs or other economic losses, in contract, tort (including negligence) under any statute otherwise arising out of or in any way connected to this Agreement.

16.4 The parties acknowledge that the limitations of liability contained in clause 16 are a fair and reasonable allocation of the commercial risk between the parties.

16.5 This clause 16 survives the termination or expiry of this Agreement.

17.1 Variations to this Agreement will only be effective if in writing and signed by authorised representatives of both parties.

17.2 We may assign, sub-contract, or otherwise transfer any or all of our rights and/or obligations under this Agreement. You may only assign, subcontract, or otherwise transfer any or all of your rights and/or obligations under this Agreement with our prior written consent, which can be refused at our absolute discretion.

17.3 If either party chooses to waive or ignore a breach of this Agreement, this will not prevent that party from taking action concerning the same type of breach at a future date.

17.4 If any provision of this Agreement is held invalid or unenforceable, such provision will be deemed deleted from this Agreement and replaced by a valid and enforceable provision which, so far as possible, achieves the parties' intent in agreeing to the original provision. The remaining provisions of this Agreement will continue in full force and effect.

17.5 This Agreement is governed by the laws of Victoria, Australia, and the parties submit to the non-exclusive jurisdiction of the courts exercising jurisdiction there.

17.6 This Agreement may be executed in counterparts, and all counterparts taken together will constitute one instrument.

17.7 This Agreement constitutes the entire Agreement between the parties in respect of the subject matter of this Agreement and supersedes and replaces any prior written or oral agreements, representations or understandings. The parties confirm that they have not relied on any representation not expressly incorporated into this Agreement.