PRODUCTION AND ENTERTAINMENT TERMS AND CONDITIONS 2021

 

JC Entertainment & Events Pty Ltd
TERMS AND CONDITIONS

Definitions
JC Entertainment & Events Pty Ltd (also known as JC Ent Pty Ltd): registered business and any employees.
Client: The person, organisation, company, or other body which is hiring the goods as specified in the online Booking Form.
Event date: The time and date of the event, confirmed by JC Ent Pty Ltd as per the agreement sent to client.
Day: A calendar day, unless specified otherwise.

Agreement  
JC Ent Pty Ltd agrees to hire equipment and provide services as set out in the Contract document for the mutually agreed period to the Client, subject to the following terms and conditions.

The client agrees with the JC Ent Pty Ltd that:
•    That the equipment remains the property of the owner, JC Ent Pty Ltd. 
Not to sell or charge another person for using the equipment 
•    If the equipment is set up by JC Ent Pty Ltd, the client agrees to keep the equipment at the address where it is first installed unless the client gets written permission for it is removal from JC Ent Pty Ltd. This may include the client returning equipment to JC Ent Pty Ltd’ warehouse. 
•    To use the equipment in a careful and proper manner for the purpose it was intended and not repair, alter, interfere, or tamper with, or let anyone else do so, and shall be held responsible for the supervision of the equipment and material during the event and any injury sustained by public, events staff, performers, or guests, due to the use or misuse of the equipment installed. The Client shall not permanently mark, drill into, deface or alter in any way any part of the equipment supplied by JC Ent Pty Ltd and will ensure the equipment is returned to JC Ent Pty Ltd in the same condition it arrived in.
•    The Client will be liable to pay for any damages to the equipment caused by misuse, including cleaning charges, if deemed necessary by JC Ent Pty Ltd.
•    To permit or produce permission for JC Ent Pty Ltd, their agents or servants to enter the premises where the equipment is installed or the clients residential/commercial address at all reasonable times on reasonable notice to inspect the equipment or carry out repairs.
•    All the equipment/services requirements must be confirmed in writing, to ensure your specific requirements are met. JC Ent Pty Ltd reserve the right to cancel said goods and services requested at any time if a signed agreement and/or payment is not received by our office as per these terms and conditions.
•    If you are not an established and accredited client of JC Ent Pty Ltd, for hires that require JC Ent Pty Ltd to setup and/or operate said hire, JC Ent Pty Ltd require 30% deposit on confirmation.
•    Further to the deposit confirmation payment, final payment of the balance is required no later than 7 days prior to the event.
•    If you are an established (account) Client, the confirmation terms (as above) are still relative; however, deposits and progress payments may vary as per your written agreement with JC Ent Pty Ltd.
 
•    Any Client who does not pay any monies owing to JC Ent Pty Ltd by the due date will be handed directly to our debt collector/legal representative to proceed with collection. Once handed over JC Ent Pty Ltd will no longer have control of the account and our debt collector/legal representative will resolve the issue directly with the Client.
PLEASE NOTE: Should your account exceed our trading terms and be passed over for collection, ALL costs, including agency commission, solicitor’s fees and any out-of-pocket expenses will be the liability of the customer/client.
•    Where the hire is over multiple days and the equipment is to be set-up and left overnight/days, it is the Clients responsibility to ensure adequate security services have been employed to protect the equipment from theft and/or damage.
•    If any or all the quoted requirements change whatsoever further fees will apply and therefore be charged to you, the Client. Unless otherwise agreed in writing.
•    Any additional labour, equipment or materials required after confirmation and Client’s receipt of goods or service will be an additional charge to the Client.
•    The labour is based on installation and removal of the above equipment and/or materials being on the installation dates and times provided to us by you. If any further labour is required beyond those dates and times listed further charges may apply.
•    If any JC Ent Pty Ltd personnel are on site longer than five hours, it is the Client’s responsibility to ensure that food and liquid drinks (including fresh drinking water) are always available on site.
•    JC Ent Pty Ltd employee/s are to be provided with a supplier meal at ALL evening bookings regardless of time. Any all-day bookings of 4 hours or more require the same standard as the guests of the function.

Where JC Ent Pty Ltd are actively involved in the set-up, operation and pack-up of hire, a weather clause becomes valid: 
•    Wet Weather: JC Ent Pty Ltd reserves the right to take whatever action deemed necessary if heavy consistent rain occurs or if possible, harm or danger is eminent to equipment or any persons, any additional charge is to be settled by the Client. 
•    Hot Weather: JC Ent Pty Ltd reserves the right to take whatever action deemed necessary if extreme hot weather is encountered for the duration of bump-in, event and bump-out, any additional charge is to be settled by the Client. (34° C or above)

JC Ent Pty Ltd will provide power requirements prior to the event. It is the responsibility of the Client to provide required power specs.

JC Ent Pty Ltd takes no responsibility for power outages during the event unless Generator is being supplied by JC Ent Pty Ltd. 

 JC Ent Pty Ltd and Events will ensure we correctly manage our power usage to avoid power outages.

Power needs to be supplied no later than 30mins after the scheduled bump in time.

 
It is the responsibility of the client to ensure JC Ent Pty Ltd has suitable access to power unless Generator is being supplied by JC Ent Pty Ltd.

If an extension lead is used to supply the working site with power, it is the responsibility of the Client to provide adequate covers unless otherwise shown in quote price.

JC Ent Pty Ltd take responsibility for the area in which they are providing services in. If you have a concern about the safety to tidiness of the setup, please inform the JC Ent Pty Ltd point of contact.

JC Ent Pty Ltd will provide stage requirements prior to the event unless JC Ent Pty Ltd are providing the stage. 

JC Ent Pty Ltd takes no responsibility for malfunctions with the stage if it is provided by another company.

JC Ent Pty Ltd will require access to the stage no later than 30mins after scheduled bump in time.

JC Ent Pty Ltd take no responsibility and will not be liable for any injuries or incidents caused on, around or near the stage. Unless JC Ent Pty Ltd are supplying a stage manager. It is the client responsibility to provide a qualified stage manager.

JC Ent Pty Ltd will reserve the right to charge up to an addition 20% of the agreed amount if we are unable to get our vehicle within 10m of the set-up area unless agreed to in writing. Once the stage is in position, adjustment or moving of the stage will incur a 20% repositioning fee.

JC Ent Pty Ltd do not offer refunds for washed out events.

JC Ent Pty Ltd do not recommend using the stage in wet conditions and take no responsibility and will not be liable for any injuries or incidents caused on, around or near the stage in wet weather.

JC Ent Pty Ltd will not be held responsible for any circumstances outside their control. This includes, but is not limited to, fire, riot, civil commotion, accidents, acts of nature and equipment failure. If such circumstances arise, all reasonable efforts will be made by JC Ent Pty Ltd to provide service or find a suitable replacement service. If this is not possible, the Client will receive a refund of partial or full payments received by JC Ent Pty Ltd for the booking at our discretion.

 
The Client agrees that in all circumstances, JC Ent Pty Ltd.'s liability is limited to an amount equal to the booking cost and will not be liable for indirect or consequential damages.
JC Ent Pty Ltd reserves the right to cancel the hire and/or services requested if the Client:
•    Fails to pay any sum of monies payable to JC Ent Pty Ltd pursuant to these terms and conditions on the due date of payment (including deposits)
•    Or if JC Ent Pty Ltd forms the opinion that damage may result to the equipment, stated in this quotation
•    Or non-compliance of safety issues may result to the equipment, personnel or event stated in this agreement
•    Or if the Client (being of natural person) has an order of bankruptcy made against him or her
•    Or if any application for the liquidation of the Client (being a company) is made.
•    Or the client become difficult to work with. 

If an event runs overtime or JC Ent Pty Ltd is asked to stay past the booked event time. The client agrees to pay for any overtime crew costs. This will be billed at $120 per hour per crew member. Each additional hour is payable upfront in cash only at the time of agreement to the extended period. Agreement for this arrangement must be by the client, JC Ent Pty Ltd and the venue. We are not required to stay beyond the original booking time, however, will consider each request on a case-by-case basis. JC Ent Pty Ltd have the right to decline any request to extend the original booking period if the event is deemed to be ominous or guests are concerningly intoxicated.

The client agrees they will ensure all space and power requirements requested by JC Ent Pty Ltd are met. 
The client is responsible for paying any charges or fines imposed by the venue, or required to access the venue, or excess charges getting to the venue. These charges may include, but are not limited to, parking, electricity, ferry fees, tolls.

JC Ent Pty Ltd reserves the right to deny service to any person to prevent damage to equipment.

If circumstances arise where a threat or implied threat of harm, damage or violence to JC Ent Pty Ltd staff or equipment, JC Ent Pty Ltd reserve the right to cease providing services. If the Client can resolve the threatening situation within 20 minutes, JC Ent Pty Ltd will resume services. If the situation is unable to be resolved, JC Ent Pty Ltd will not resume providing service and the Client will receive no refund of booking cost. Our security & safety at your event remains the responsibility of the client at ALL times.

Any damage to JC Ent Pty Ltd equipment during the Client’s event caused by the Client, Client’s guests, or any other person in attendance at the event whether invited or not, will result in the cost to repair/replacement of the equipment. The client will also be responsible for all financial recovery costs if repair/replacement costs are not paid.

The Client is fully responsible for our security & safety while attending your event. This also includes during set up & more importantly pack down at the end of the night amongst any intoxicated guests. This includes the safety of our staff, equipment & vehicle until we leave the premises of the venue.

The client gives permission for all photos taken during the event to be used on the JC Ent Pty Ltd website, social media and/or promotional material. We will remove images if requested in writing & also comply with not displaying any images upfront if notified in writing only beforehand.

JC Ent Pty Ltd will not be held responsible for any circumstances outside their control. This includes, but is not limited to, fire, riot, civil commotion, accidents, acts of nature and equipment failure. If such circumstances arise, all reasonable efforts will be made by JC Ent Pty Ltd to provide service or find a suitable replacement service. If this is not possible, the Client will receive a refund of partial or full payments received by JC Ent Pty Ltd for the booking at our discretion.
The Client agrees that in all circumstances, JC Ent Pty Ltd’ liability is limited to an amount equal to the booking cost and will not be liable for indirect or consequential damages.
Paying the deposit or signing the agreement, you acknowledge that you have read, understand & accept these terms & conditions.

Wedding Bookings are not confirmed until the full deposit is paid, and agreement is returned signed by client to JC Ent Pty Ltd.
If JC Ent Pty Ltd is supplying internet services for an online event or live stream. They will record all footage and offer postproduction if there is a major internet dropout (Longer than 3minutes). 
JC Ent Pty Ltd take no responsibility for event failure, tech issues or Event stoppages caused by a third party not contractually engaged by JC Ent Pty Ltd.

 

Event Cancellation
JC Ent Pty Ltd & Event calculate event cancellation in the parts. The Cancellation Fee equals administration work currently completed plus entertainment cancellation plus gear hire/production cancellation. The cancellation fee will be the sum of all these fees or the total agreed cost of the job, whichever is lesser in value. 

 

Administration 
Cancellation of an even will see any administration, consultation work carried out on this job charged at $100ex GST per hour.

Entertainment Services 
Cancellation with 30 days of the event – 100% of fee due, cancellation with 60 to 31 days of the event – 75% of fee due, Cancellation with 90 to 61 days of the event – 50% of fee due

Production /Equipment Hire Allocation
Cancellation equals (14 Weeks minus No. of Weeks out from Event) Divided by 14 times by the value of the production component (Equipment and Crew). The week starts the Monday prior to the event. 

 

Example Jobs
Community Event Totalling $10,000 ex GST
(Production - $5000, Entertainment - $5000) is cancelled 3 weeks out from the event date. 
Admin Work – 5 Hours x $100 = $500
Entertainment – 100% pay out = $5000
Production – ((14-3)/14) x $5000 = $3928
TOTAL - $9428 ex GST 

 

Festival Event Totalling $20,000 ex GST
(Production - $12000, Entertainment - $8000) is cancelled 11 weeks out from the event date. 
Admin Work – 3 Hours x $100 = $300
Entertainment – 50% pay out = $4000
Production – ((14-11)/14) x $12,000 = $2571
TOTAL - $6871 ex GST 

 

Corporate AV (Audio Visual) Job totalling $3,000 ex GST
(Production - $3000, Entertainment - 0) is cancelled 2 weeks out from the event date. 
Admin Work – 2 Hours x $100 = $200
Entertainment – N/A = 0
Production – ((14-2)/14) x $3,000 = $2571
TOTAL - $2751 ex GST 

 

Cancellation more than 90 days out from an event will only see 30% deposit charged if it was invoiced for confirmation of the booking or any administration work carried out thus far. 
Cancellation within 7 days of the event will result in the client being charged 100% of the order value. 
JC Ent Pty Ltd reserve the right to charge a cancellation fee on any confirmed bookings. If JC Ent Pty Ltd decide to cancel a booking, all payments made will be refunded to the Client.

Postponements
Any event can be postponed with at least 31 days written notice prior to the Event and must be held within the calendar year, only exception is Weddings. 

JC Ent Pty Ltd & Event reserve the right to charge an administration fee for an additional work required to move a date. 

If an event is moved to a public holiday, Sunday, or special event day (For example, NYE) there may be an additional charge. 

Once you postpone an event the cancellation fee will be 100% regardless of when the event is cancelled after the original event date has past. 

 

Cooling Off Period 
Agreements signed more than 90 days out from an event will have a 7-day cooling off period from the date of JC Ent Pty Ltd receiving a signed copy of the agreement. 
Agreements signed more less than 90 days out from an event will have a 24-hour cooling off period from the date and time of JC Ent Pty Ltd’ confirmation of receiving a signed copy of the agreement. 
JC Ent Pty Ltd reserve the right to not commence working on an event till the cooling off period has been completed. 

 

Force Majeure
JC Ent Pty Ltd shall not be liable for any delay or failure to perform under this agreement if such delay or failure is caused or prohibited by conditions of force majeure, including strikes, labour dispute, fire, breakdowns of commercial transportation, acts of restraints of any government agency or any similar such events which are beyond the reasonable control of.

 

COVID-19
In the event your event/wedding is required to be postponed due to COVID-19 Restrictions outlined on the NSW (New South Wales) Health website: www.health.nsw.gov.au, JC Ent Pty Ltd agree to move the date with no additional fees or charges for the first postponement.
If you required to move the date any additional times, an administration fee will be charged.
JC Ent Pty Ltd reserve the right to follow postponement terms as stated above. This will be decided on a case by case basis. 

 
Equipment Hire Only

The client agrees with the JC Ent Pty Ltd that:

• Not to part with the equipment while the client is responsible for the equipment.

• To be responsible for any damage to or loss of the equipment howsoever caused, whether by fire, water, impact, power surge or any other mechanical or chemical process, theft burglary, the Clients own act or omission or any other cause whatsoever as from the time the equipment leaves JC Ent Pty Ltd premises or possession and whether the Client has entered into possession of same or not and whether the same is in transit or the possession of third party on the Clients behalf, which third part shall hereby be deemed to be acting as agent for the Client and upon demand , the Client shall pay the owner in the case of damage, such amount being the value plus loss of use costs in respect to the equipment.

• To notify the owner immediately any judgment or order is levied upon the Client or the Clients property.

• Upon termination of this agreement to deliver the equipment to JC Ent Pty Ltd at the address where in accordance herewith it should be located or the clients residential/commercial address and to permit or procure permission for JC Ent Pty Ltd, his agents or servants to enter the premises where the equipment is installed at all reasonable times on reasonable notice to remove the equipment and grant every facility for JC Ent Pty Ltd to recover possession of the equipment

• If the Client fails to deliver the equipment back to JC Ent Pty Ltd or to permit or procure the return of the equipment on termination of the hiring agreement, the Client, without prejudice to the owner's other rights, hereunder pay the owner by way of the agreed damages for breach of the agreement above an amount calculated from the date of termination of the agreement equal to the hire charge under this agreement. This will be calculated daily at the owner's rate, effective at the time the Client retains the equipment and, in any event, pay a full day rental for any part of a day whilst the Client retains it. 

• An NSW or state/territory issued driver’s licence must be produced as proof of identity. Passports, proof of age cards or identity cards alone not showing current address details are not permitted as proof of identity. An interim receipt or non-photo drivers' licence is not acceptable as proof of identity. Once identity has been proven and recorded, this will not be required for each subsequent hire.

• For all non-account hires that are to be picked up from JC Ent Pty Ltd, the total hire fee is to be paid by the Client at the time of pick-up of all equipment or part thereof. Payments will be accepted via cash, credit card or via EFT (Electronic funds transfer) only. EFT payments must be made 2 days in advance to allow clearance with our bank. No personal cheques will be accepted. JC Ent Pty Ltd will store credit card details in the situation where late fees or additional payments need to be charged.

• The Client is responsible for all insurances (including public liability) associated with the event including weather, fire, theft, malicious damage, storm, and tempest. No goods/equipment are covered by insurance whilst on hire or in transit. These terms apply in all instances including when JC Ent Pty Ltd personnel Deliver, Set Up, Pack or Pick Up. This does not include when JC Ent Pty Ltd & Event personnel operate the equipment.