Percussion Hire Agreement
This Hire Agreement ("Agreement") is made and entered into by and between:
Australian Wind Symphony ("Lessor"), located at 8/66 Maryborough Street Fyshwick, ACT,
and
{name} ("Hirer"), located at {address}
1. Description of Equipment
The Lessor agrees to hire to the Hirer the equipment ordered in the order form part of this submission.
2. Hire Period
The hire period for the Equipment shall commence on {pickupDate} and end on {returnDate}, unless extended or terminated earlier according to the provisions of this Agreement.
3. Hire Fee
The total hire fee for the Equipment shall be ${chooseItems} for the Hire Period, payable by the Hirer at the time of booking, and paid in full before collection. The Hirer shall pay any additional charges incurred for late returns or damages as set out in Section 5 and 6 below.
4. Liability and Insurance
4.1 The Hirer agrees to be responsible for the safe and proper use of the Equipment during the hire period.
4.2 The Hirer must immediately notify the Lessor of any damage, loss, or malfunction of the Equipment.
4.3 The Hirer is responsible for ensuring the Equipment is adequately insured for the duration of the hire. The Lessor may, at its discretion, provide insurance options at an additional cost.
4.4 The Hirer assumes all risks associated with the use of the Equipment and shall indemnify and hold harmless the Lessor from any claims, liabilities, damages, or losses arising from the Hirer's use of the Equipment.
5. Care and Maintenance of Equipment
5.1 The Hirer agrees to care for and maintain the Equipment in good working condition. This includes, but is not limited to, proper handling, transportation, and storage of the Equipment.
5.2 The Hirer agrees to return the Equipment in the same condition as it was provided, excluding normal wear and tear.
5.3 The Hirer is prohibited from making any alterations, repairs, or modifications to the Equipment without the prior written consent of the Lessor.
6. Damages and Loss
6.1 The Hirer is responsible for the repair or replacement cost of the Equipment in the event of damage, loss, or theft during the hire period.
6.2 If the Equipment is returned damaged, the Hirer agrees to pay for the full repair costs, or if irreparable, the full replacement value of the Equipment.
6.3 Any damage to the Equipment must be reported to the Lessor within 24 hours of discovery.
7. Collection and Return of Equipment
7.1 The Hirer is responsible for the collection and return of the Equipment from the Lessor’s office located at Unit 8, 66 Maryborough Street Fyshwick unless alternative arrangements are made in advance. Attendance at this address is by appointment only.
7.2 The Hirer agrees to collect the Equipment on {pickupDate} and return the Equipment on or before {returnDate}.
7.3 The Hirer is responsible for all costs related to the transport of the Equipment, including packaging, delivery, and pick-up unless otherwise agreed upon in writing.
8. Late Return
8.1 If the Equipment is not returned by the specified return date, the Hirer agrees to pay a late fee of $500.
8.2 If the Equipment is not returned within 3 days of the due date, the Lessor reserves the right to pursue legal action or reclaim the Equipment.
9. Termination of Agreement
9.1 The Lessor reserves the right to terminate this Agreement if the Hirer fails to comply with the terms of this Agreement.
9.2 Upon termination, the Hirer must immediately return the Equipment in the same condition as originally provided.
10. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the Australian Capital Territory (ACT), and any dispute arising from this Agreement shall be subject to the jurisdiction of the courts of the ACT.
11. Acknowledgment
By signing this Agreement, the Hirer acknowledges having read and understood the terms and conditions herein and agrees to be bound by them.