HIRE AGREEMENT

DRUM CLINIC
ABN 891 421 77910

This offer to hire Goods and Equipment is an offer by you, the Hirer, to hire from the Owner, the Goods and Equipment as outlined in this document. If this offer to hire is accepted it will, with the Owner’s Standard Terms and Conditions, constitute the Contract between the Owner and you the Hirer, for the Goods named.

The hirer agrees to hire the goods, accessories or equipment ("the goods") described from DRUM CLINIC ("the owner") for the hire period and to pay the total hire and transport fee and observe the Terms and Conditions and covenants contained in the Agreement to Hire hereof.

STANDARD TERMS AND CONDITIONS FOR THE HIRE OF MUSICAL EQUIPMENT
These Standard Terms and Conditions constitute the binding Agreement between the Hirer and the Owner.

RENTAL PERIOD
The hire period shall commence from the date of acceptance of goods to the Hirer until the goods are collected or repossessed by the Owner. The Owner may terminate the hire period after receiving proper confirmation of the theft or destruction of the goods. The Hirer shall return the goods to the Owner on the date due back specified on the agreement hereof or on such earlier date as the Owner may require under clause 7 hereof.

ACCEPTANCE
The Owner may accept this offer by delivering the goods to the Hirer. All signatures are binding and indicate full acceptance of the Terms and Conditions noted herein.

TOTAL HIRE FEE PAYABLE
The total hire fee payable shall be the aggregate of:
(i) the hire charge for the use of the goods calculated in accordance with the relevant writings and figures set forth on the front hereof under "HIRE FEE PAYABLE".
(ii) a sum equal to the value of the goods, accessories and equipment lost or stolen during the rental period.
(iii) The owners expenses both legal and incidental.
(iv) Accumulated interest on all amounts due but unpaid.
The total hire fee payable shall be due to owner from the hirer either on demand by the owner or at the end of the hire period whichever is sooner. The hirer will on demand pay to the owner interest on a daily basis calculated at the rate of .06% per day on all amounts due but unpaid.

HIRERS RESPONSIBILITY FOR LOSS OR DAMAGE TO GOODS
(i) the Hirer covenants with the Owner that the goods will at the end of the hire period or upon the date of repossession, be in good condition and free from all damage or defects of any kind whatsoever except for ordinary wear and tear.
(ii) the Hirer agrees to pay the Owner for the Owners loss expenses and costs in respect of all such damage and defects which amount shall be recoverable from the Hirer on liquidated demand.
(iii) the Hirer shall accept full and total responsibility for goods on hire and all risk remain with the Hirer. The owner acknowledges that no unit or item of goods hired are covered by the Owner by insurance whilst on hire and the Hirer covenants to insure goods in the name of the Hirer and the Owner jointly whilst on hire.
(iv) the Hirer will pay for any goods that the Owner deems lost or unaccounted for during the agreed hire period, and all expenses incurred in the replacement of such goods including freight, postage or transport costs.

HIRERS OTHER OBLIGATIONS
That the hirer shall:
(i) not allow or permit the goods on hire to be used by any person
(a) other than himself or musicians as named in this document
(b) members of his band, incorporated company, unincorporated association or acknowledged servants, agents or employees PROVIDED ALWAYS that the owner has received notice from the hirer of the names of persons inclusive of the list above mentioned and the location where the goods are to be used.
(ii) pay to the owner for the owners use such deposit on account of total hire fee payable or otherwise as the owner may require and shall cause any payment for such deposit to be cleared immediately on presentation.
(iii) not allow the goods to be repaired nor allow or create any lien over the goods nor part with possession of the goods.
(iv) take reasonable care of the goods and not abuse or misuse them in any way whatsoever.

REPOSSESSION
The owner may repossess the goods and the hirer shall on being so required by the owner forthwith return the goods to the owner if:
(i) the hirer is in breach of any term or condition hereof or has made any misrepresentation to the owner, or
(ii) the goods are damaged in any way.

LEGAL PROCEEDINGS
In any legal proceedings between the Owner and the Hirer a certificate signed by a director of the Owner shall be evidence of the truth of the facts stated herein including:
(a) hire period.
(b) the facts constituting any breach by the hirer, and
(c) the cost to the Owner of making good damage or loss.
That the Hirer and Owner acknowledge that this agreement shall be binding upon the parties subject always to the laws from time to time in force in the State of South Australia.
The hirer authorises any person taking possession of equipment at the owner's premises or elsewhere from the owners for transport of such equipment to the hirer or for transport of such equipment as the hirer shall direct, to act as the hirer's agent and accordingly such person's signature on all documents as required by the owner, shall constitute an acceptance of those documents and terms and conditions by the hirer and the hirer undertakes to be bound by all such documents and terms and conditions signed by any person taking possession of equipment on his behalf, and in particular without limiting the generality hereof, the hirer authorises any carrier or courier or any other personal collecting equipment on the hirer's behalf to execute on the hirer's behalf all documents required by the owner to be executed by the hirer prior to delivery of equipment" to the hirer or his agent, whether such person be an employee or agent or independent contractor authorised to collect equipment on the hirer's behalf. The hirer shall be responsible for any loss or damage occasioned by the use of the equipment. Reference should be made to the standard terms and conditions of hire set out in this Hire Agreement.

REMINDER:
THE EQUIPMENT HIRED AS SIGNED FOR IN THE HIRE AGREEMENT OF THIS DOCUMENT IS NOT COVERED BY INSURANCE AGAINST FIRE, THEFT, BURGLARY OR ACCIDENTAL DAMAGE AND AS SUCH, THE RESPONSIBILITY FOR LOSS OR DAMAGE OF THE EQUIPMENT LIES ENTIRELY WITH THE HIRER.

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