Terms & Conditions

Rental, Services, and Labour Terms & Conditions

These Terms & Conditions ("Agreement") govern all services provided by Bee Live Productions PTY LTD (ABN: 69 687 495 352) ("Bee Live", "We", "Us", "Our") to the Hirer ("You", "Your"). By accepting any quotation, invoice, or by taking possession of Equipment or engaging our Personnel, you agree to be bound by these Terms & Conditions.

IMPORTANT NOTE: Specific details regarding the Scope of Services, Equipment List, Pricing, and Payment Schedule for your engagement will be provided in a separate Quotation & Proposal Document and/or a detailed Invoice, which will form part of this Agreement upon your acceptance.

DEFINITIONS

• Agreement: These complete terms and conditions, including any accepted quotations or invoices.

• Bee Live or Bee Live Productions: Bee Live Productions PTY LTD (ABN: 69 687 495 352).

• Hirer: The company, partnership, or sole trader hiring Equipment and/or engaging Personnel.

• Equipment: Audiovisual and rigging equipment, and any other goods agreed to be supplied for hire by Bee Live, as described on the invoice, quotation, work authorisation, or any other forms provided by Bee Live.

• Personnel: Refers collectively to both employees and independent contractors provided by Bee Live to perform labour services.

• PPSA: The Personal Property Securities Act 2009 (Cth) and its related regulations.

• Work Location: The site where the Equipment will be used and/or where Personnel will perform services.

PART A: GENERAL TERMS APPLICABLE TO ALL SERVICES

1. Agreement Commencement and Scope

1.1. This Agreement forms an integral part of the overall understanding between Bee Live and the Hirer. 

1.2. This Agreement becomes legally binding and operative upon your acceptance of Bee Live's quotation or invoice; by taking possession of Equipment, or engaging our Personnel. 

1.3. If more than one Hirer has entered into this Agreement, all Hirers will be jointly and severally liable for all obligations contained herein. 1.4. The specific scope of services, equipment list, and detailed pricing for your engagement will be outlined in the Quotation & Proposal Document (or Invoice, if no separate quotation is provided).

2. Payment Terms

2.1. Any required deposits are payable within seven (7) days of an invoice being issued, unless specific alternative payment terms are explicitly outlined on the invoice or quotation. 

2.2. Full payment for all services and equipment rental is due seven (7) days prior to the commencement of the booking, unless specific alternative terms are explicitly stated on the invoice or quotation. 

2.3. Quotations provided by Bee Live are valid for up to thirty (30) days. We reserve the right to re-quote any booking if production, logistical circumstances, or specific service requirements change.

3. Provision of Information from the Hirer

3.1. You agree to provide us with all necessary and applicable information when requested, enabling us to perform our duties effectively under this Agreement. This includes, but isn't limited to, the delivery location and preferred time, full details of the event and the event space, available power supplies, floor plans, running sheets, prior warning of stairs, availability of loaders (where applicable), and any other information we may reasonably require. 3.2. You agree to allow us to inspect the premises or event space prior to the commencement of the booking to assess suitability and determine the type of Equipment or Personnel required, and you will provide us with full and safe access.

4. Ownership of Equipment & Intellectual Property

4.1. You acknowledge that ownership and title to all Equipment rented under this Agreement belongs to Bee Live at all times. 

4.2. All of Bee Live’s intellectual property rights in and relating to Equipment, sound designs, operational methodologies, proposals, ideas, diagrams, information, resources, files, documents, and materials remain our property. This intellectual property is not to be disclosed to any other person or entity without our express written consent. 

4.3. You hereby assign to us all your present and future right, title, and interest in any intellectual property arising directly from or in connection with this Agreement's services, designs, or operations.

5. Cancellation Policy

5.1. Bookings become payable as per the terms in Clauses 2.1 and 2.2. Cancellations made after this payment point will incur charges as follows: 

(a) 100% of the full rate if cancelled later than one (1) weeks prior to the booking start time, or at any time after the booking start time. 

(b) 50% of the full rate if cancelled later than two (2) weeks prior to the booking start time. 

5.2. In addition, you acknowledge that we may incur unavoidable out-of-pocket costs attributable to your booking, such as sub-hires, pre-booked flights, accommodation, or specific transport arrangements. You are liable for any such out-of-pocket costs to the extent that we are unable to recover them from our third-party service provider(s). 5.3. For clarity, all weekend booking start times are considered to commence on the preceding Friday at 10:00 AM for cancellation policy purposes. 

5.4. Refunds for delivery fees are entirely at Bee Live's discretion. 

5.5. We may cancel a booking or individual component(s) of a booking by giving you written notice. Upon giving such notice, we will repay to you any sums paid in respect of the invoice, unless otherwise specified herein. We will not repay you any sums if our cancellation is due to a Force Majeure event as defined in this Agreement. We will not be liable for any loss or damage whatsoever arising suffered by you as a result of our cancellation.

6. Occupational Health & Safety (OHS)

6.1. If our Personnel are attending your premises or event location for any reason, including for delivery, installing, setting up, operating, or packing down Equipment or providing sound design services, you must ensure that at all times you use safety systems that conform to current legislation, regulations, and codes of practice. You must provide a safe workplace at all times to our Personnel and contractors. This includes ensuring adequate breaks (such as ten-hour breaks between shifts overnight and regular meal breaks) to alleviate injuries caused by fatigue. You will consult with us in relation to any work health and safety issues in accordance with applicable legislation, regulations, and codes of practice. 

6.2. If at any time we feel that our Personnel are or will be unsafe while at your premises or event, we may immediately suspend your booking, cancel your booking, and/or repossess our Equipment. In such circumstances, we will not be liable for any loss or damage whatsoever arising suffered by you as a result of such suspension, cancellation, and/or repossession, and the cancellation policy (Clause 5) will apply as if you cancelled the booking.

7. Insurance

7.1. You agree and acknowledge that you will effect your own insurance with respect to the Equipment with a responsible, respectable, and solvent insurance company for the entire period of hire and for all times the Equipment is in your possession and/or control. This insurance must cover the Equipment as 'new for old' value or as otherwise advised by us. Upon our request, you must promptly provide us with a copy of the certificate of currency. 

7.2. You agree to pay all insurances, carnet fees, freight, transport, and storage of the Equipment unless otherwise specified in our quotation or invoice. 

7.3. If our Personnel are attending your premises for any reason, including for delivery, installing, setting up, operating, and/or packing down Equipment or providing sound design services: 

(a) You must effect and maintain insurance with a responsible, respectable, and solvent insurance company covering workers' compensation to the maximum amount required by law; public liability insurance of at least $20,000,000 in respect of any one event; the indemnities given by you as per this Agreement; and any loss or destruction of or damage to Equipment

(b) At our request, you must promptly provide us with a copy of all insurance policies and certificates of currency. 

(c) You must ensure that all contractors engaged by you directly also hold full comprehensive insurance covering workers' compensation to the maximum amount required by law, public liability insurance of at least $20,000,000 in respect of any one event, any loss or destruction of or damage to Equipment, and in relation to liability arising in connection with services being supplied by that contractor.

8. Default

8.1. If you are in any way in default of the terms of this Agreement, we may immediately suspend your booking, cancel your booking, and/or repossess any Equipment in your possession or control. We will not be liable for any loss or damage whatsoever arising suffered by you as a result of such suspension, cancellation, and repossession.

9. Indemnity

9.1. You hereby indemnify and hold us harmless against all losses, costs, and claims arising from your breach of this Agreement. 

9.2. We bear no liability for any claims, damage, or injury to you or any other person caused by any failure in Equipment or from damage suffered in connection with the use of Equipment, or from being within the vicinity of Equipment. You indemnify and hold us harmless with respect to any such claims, damage, or injury. 

9.3. The person accepting this Agreement for and on behalf of the Hirer hereby warrants that they have the Hirer’s full authority to enter into this Agreement on the Hirer’s behalf, to grant security interests in connection with it, and are empowered to bind the Hirer. This person hereby indemnifies us and holds us harmless against all losses, costs, and claims we incur arising out of the person so accepting this Agreement not in fact having such power or authority.

10. Personal Property Securities Act (PPSA)

10.1. You acknowledge and agree that this Agreement may create a security interest in the Equipment as collateral, for which you are the grantor and we are the secured party, under the PPSA.

11. Confidentiality

11.1. For the purposes of section 275(6) of the PPSA and generally, the parties agree and undertake that this Agreement, any information pertaining to the hire of Equipment, details of Equipment, sound design elements, operational plans, and any other proprietary information shall be kept confidential at all times. Neither party may disclose any such information, except as otherwise required by law or that which is already in the public domain.

12. Force Majeure

12.1. If by reason directly or indirectly of industrial disturbances, strikes, labour disputes, shortage of suitable constituent material, labour, transportation, accidents, disease, weather events, government restrictions (including in response to COVID-19), epidemics (including COVID-19), or any other cause of whatsoever nature beyond our reasonable control, we are unable to perform in whole or in part our obligations herein (a "Force Majeure event"), then we will be relieved of these obligations to the extent that we are unable to perform. Such inability to perform will not make us liable to you or any other person in any way whatsoever.

13. Goods and Services Tax (GST)

13.1. You must pay the GST which applies to the supply of any Equipment, labour, or services under this Agreement.

14. Jurisdiction

14.1. The parties will be bound by the laws of the State of Victoria, Australia, in relation to all matters arising from this Agreement. The parties agree to submit to the non-exclusive jurisdiction of the courts of Victoria, and that any legal proceedings may be heard in these Courts.

15. Interpretation

15.1. This Agreement must be interpreted so that it complies with all laws applicable in Victoria, including the Australian Consumer Law. If any clause does not comply with any law, then the clause must be read down so as to give it as much effect as possible. If it is not possible to give the provision any effect at all, then it must be severed from the rest of the Agreement.

PART B: TERMS SPECIFIC TO LABOUR SERVICES (SOUND DESIGN & OPERATION)

These terms apply in addition to Part A when you engage Bee Live's Personnel for sound design and/or operational services.

16. Fees and Charges for Personnel

16.1. The standard hourly fee for Bee Live Personnel is $70.00 AUD plus GST, unless otherwise negotiated and explicitly agreed upon in writing between Bee Live and the Hirer. This rate applies uniformly to both our employees and independent contractors unless a different rate is specifically agreed in a separate contractor agreement between Bee Live and the individual contractor, which will then be reflected in your quotation. 

16.2. Additional charges may apply for factors such as work performed outside of standard business hours, work performed on public holidays, specific skills or certifications required (e.g., licensed rigging personnel), and complex logistical requirements. Bee Live will clearly outline these in the quotation.

17. Meal Breaks for Personnel

17.1. For any work period exceeding five (5) consecutive hours, Bee Live Personnel are entitled to an unpaid meal break of a minimum of thirty (30) minutes. 

17.2. On days where the total work duration for a single Personnel member exceeds ten (10) hours, a minimum of one (1) meal break must be at least one (1) hour in duration, and this break will also be unpaid. 

17.3. The timing of meal breaks will be determined in consultation with the Hirer to ensure minimal disruption to the workflow, while strictly adhering to the entitlements and welfare of Bee Live Personnel. 17.4. The Hirer is solely responsible for ensuring that Bee Live Personnel are afforded the opportunity to take their full and entitled meal breaks.

18. Travel and Accommodation for Personnel

18.1. Where Bee Live Personnel are required to travel to a Work Location outside of metropolitan Melbourne, the Hirer shall reimburse Bee Live for all reasonable travel and accommodation costs incurred by the Personnel. This reimbursement obligation applies unless expressly agreed otherwise in writing prior to the commencement of services.

18.2. Reimbursable travel costs may include, but aren't limited to, airfares, train fares, car mileage (at a pre-agreed rate), tolls, parking fees, and other necessary transport expenses.

18.3. Accommodation provided for Personnel will be of a standard deemed reasonable and appropriate for the location and duration of the stay. Bee Live will provide the Hirer with details of anticipated travel and accommodation costs for approval where practicable and prior to incurring significant expenses.

19. Ten-Hour Turnaround Requirement for Personnel

19.1. The Hirer shall not roster a single Bee Live Personnel member to work shifts without providing a minimum break of ten (10) consecutive hours between the end of one shift and the commencement of their next shift overnight. This strict requirement is fundamental to ensure adequate rest and prevent fatigue, prioritizing the health and safety of our Personnel.

19.2. If the Hirer fails to provide a minimum ten (10) hour break between shifts for a Bee Live Personnel member, a penalty rate of two hundred percent (200%) of the Personnel member’s applicable hourly rate will apply for all hours worked within the ten-hour period immediately following the end of the previous shift. This penalty is in addition to the standard hourly rate and any applicable overtime (for employees) or additional fees (for contractors, as per their agreement or negotiation with Bee Live). 

19.3. The Hirer acknowledges that adherence to this requirement is crucial for the health and safety of Bee Live Personnel and agrees to uphold this condition strictly.

20. Application of the Live Performance Award 2020 (For Employees)

20.1. The Hirer acknowledges Bee Live's responsibility to be aware of and comply with the all relevant aspects of the Live Performance Award 2020 in relation to their engagement of our employees. The Hirer must ensure all necessary measures are taken to ensure that Bee Live can Bee Live can fulfill its oblications unde The Award and can provide further information or clarification on the Award upon request.

20.2. Where specific terms and conditions relating to the engagement of Bee Live employees are not explicitly outlined within this Agreement, the relevant clauses and provisions of the Live Performance Award 2020 will apply to their engagement by the Hirer.

20.3. This includes, but isn't limited to, provisions regarding overtime rates, public holiday rates, allowances (such as specific travel allowances where applicable under the Award and not covered in Clause 18), and other conditions of employment not specifically addressed herein.

21. Terms for Independent Contractors

21.1. The engagement of independent contractors provided by Bee Live will be governed by the terms outlined in this Agreement, unless specifically varied by their individual contractor agreement with Bee Live.

21.2. Matters such as specific payment rates, detailed hours of work arrangements, and precise responsibilities for contractors will be as individually agreed upon between Bee Live and the contractor, and these details will be communicated to the Hirer where relevant to the service provision.

21.3. The Hirer acknowledges that independent contractors operate as separate businesses and may have their own terms and conditions or specific expectations that apply in addition to these general Labour Terms & Conditions.

22. Hirer Responsibilities Regarding Personnel

22.1. The Hirer is responsible for providing a safe working environment for all Bee Live Personnel in accordance with all applicable Work Health and Safety (WHS) legislation and regulations. This includes, but isn't limited to, providing appropriate facilities, hazard identification, and risk control measures. 

22.2. The Hirer must provide clear and safe access to the Work Location and ensure adequate lighting, stable power, and any other necessary utilities are available as required for the tasks to be performed by Personnel. 

22.3. The Hirer must provide all Bee Live Personnel with any necessary site-specific inductions, safety briefings, or relevant hazard information prior to the commencement of work. 22.4. The Hirer must ensure that all Bee Live Personnel are treated with respect and courtesy at all times, upholding professional conduct and preventing any form of discrimination, harassment, or bullying. 

22.5. The Hirer is responsible for clearly outlining the specific tasks and responsibilities required of Bee Live Personnel. Any significant changes to these defined requirements or scope of work during the engagement may be subject to additional charges and must be approved by Bee Live.

23. Supervision and Direction of Personnel

23.1. While Bee Live Personnel are highly skilled and experienced in their respective fields, the Hirer retains ultimate responsibility for the overall direction and successful management of their event or project.

23.2. The Hirer will liaise with a designated representative of Bee Live regarding the specific tasks, creative direction, and operational requirements for the labour services provided.

23.3. Bee Live Personnel will work under the general direction of the Hirer or their designated event manager or technical director, always adhering to safe working practices, professional standards, and the specific terms of their engagement with Bee Live. The specific level of direct supervision required for independent contractors may vary based on their individual agreement with Bee Live and the nature of the task.

PART C: TERMS SPECIFIC TO EQUIPMENT RENTAL

These terms apply in addition to Part A when you rent Equipment from Bee Live.

24. Delivery and Loading (Equipment)

24.1. If we agree to deliver, move, load, and/or access Equipment, you must ensure that loading access is made available to us free of obstructions and that the access point is clear and safe.

24.2. Additional charges may apply if we and/or our contractors are required to load Equipment up/down stairs, or to locations which are unusually difficult to access, and of which you have not previously advised us in writing.

25. Collection & Return of Equipment

25.1. If delivery of Equipment has not been booked, your failure to pick up Equipment from us by the end of the first day of the booking will be considered a ‘no-show’. This will result in immediate cancellation of the booking and will incur a charge of the full fee of the booking.

25.2. If you fail to return Equipment at the end of the booking, additional reasonable hire charges will apply for each day or part thereof until the Equipment is returned to Bee Live.

25.3. If you fail to return Equipment within seven (7) days of the agreed end of the booking, you are liable to pay us the full replacement value of the Equipment. This payment is necessary so that we can have the Equipment replaced. Furthermore, you are liable to pay us lost rental that would have applied to that Equipment until such time that we are able to hire the replacement Equipment out again.

25.4. No refund will be given for the early return of Equipment.

26. Use of Equipment

26.1. You use the Equipment at your own risk and must: 

(a) Independently decide the suitability of the Equipment for your required purpose and obtain any necessary permits, licenses, and the like that are required to use the Equipment.

(b) Take reasonable care and use the Equipment in a skillful and proper manner, only for the purpose for which the Equipment was designed, and strictly in accordance with the manufacturer’s guidelines and recommendations. 

(c) Ensure that safe loading, securing, and transportation of Equipment is carried out in accordance with all applicable laws, manufacturer’s guidelines, and as may be directed by us. 

(d) Use the Equipment in a manner so as not to cause injury to any person.

(e) Not damage or permit others to damage the Equipment. 

(f) Not lose or steal or permit others to lose or steal the Equipment. You hereby agree that you will provide adequate and appropriate security measures to ensure the Equipment is not lost or stolen, especially if kept overnight unattended and/or kept outdoors. 

(g) Clean and maintain the Equipment in good order, repair, and condition, and not remove any labels and/or interfere with the Equipment. It is agreed that if Equipment is returned in a dirty condition, a $50 cleaning fee per hour applies.

(h) Unless otherwise agreed in writing, not allow nor authorise any other person or entity to use, re-hire, sub-hire, or have possession of the Equipment. You shall keep the Equipment in your possession and control at all times, and not remove the Equipment from the event location without our prior written consent. At our request, you shall advise us of the precise location of the Equipment and permit us to inspect and procure us access. 

26.2. We will not be liable for Equipment which has not been stored or used or transported in accordance with this Agreement.

27. Loss, Theft & Damage (Equipment)

27.1. If Equipment is lost, stolen, or damaged during the Rental Period, you shall pay the rental in full up to and including the date you notify us of such loss, theft, or damage. 

27.2. In addition, you shall pay and be solely liable for: 

(a) any costs associating with repairing the Equipment; and 

(b) if repair is not economic in our opinion, the full replacement cost of the Equipment, or if it is not reasonably available, the cost of a like substitute; and

(c) the lost rental that would have applied to that Equipment until such time that we are able to hire the replacement Equipment out again.

28. Defects (Equipment)

28.1. If upon receipt of Equipment, you assert it was defective, damaged, or failed to comply with the description (a "Defect"), then you must: 

(a) notify us of the Defect immediately and no later than within six (6) hours of receipt of the Equipment; and 

(b) afford us a reasonable opportunity to inspect the Equipment and procure access to it. 

28.2. You must not continue to use Equipment which contains a Defect. 

28.3. If you fail to comply with these provisions, the Equipment shall be conclusively presumed to be free from any Defect, and you waive any claims related thereto. 

28.4. If we agree in writing that Equipment contains a Defect, we will endeavour to supply replacement Equipment. However, if replacement is not available, we will endeavour to offer a similar kind of Equipment. If neither replacement nor similar Equipment is available, we will provide a refund of the hire fee specifically for the Equipment which contained a Defect, in full satisfaction of our obligations to you regarding that Defect. Refunds for delivery fees in such circumstances are at our sole discretion.

29. Sound Pressure Levels

29.1. You agree and acknowledge that operation of Equipment at certain sound pressure levels and for certain lengths of time may cause hearing damage and/or injury to people in the vicinity of the Equipment. You agree to take all reasonably practicable steps to not cause Equipment to be operated so as to cause injury to any person within the vicinity of the Equipment (including our Personnel), and you will implement appropriate personal protective measures. 

29.2. In addition, you must ensure that sound pressure levels do not exceed the lower of maximum noise volume/time limits as may be advised by us, the venue, and as set by the relevant local or governmental authority or similar body for the event or generally for that location.

29.3. You acknowledge that the Equipment is capable of reaching excessive sound pressure levels. If you energise and/or connect Equipment to excessive sound pressure levels, or instruct us to do so, we are not in any way liable for any losses, costs, and claims whatsoever arising.

30. Power Connections

30.1. You acknowledge that industry standards regarding power connections are generally not to exceed 240V AC 50HZ, and that you, your employees, and contractors will abide by such standards or as otherwise set by the industry. You will require all general-purpose electrical outlets (including 15A and 20A single-phase socket outlets arranged as GPO’s) to be protected by a current operated earth leakage circuit breaker.

30.2. We reserve the right to refuse to connect and/or energise Equipment if we consider the situation is unsuitable or unsafe. By energising or connecting Equipment or agreeing that you do so, we do not warrant or represent that it is suitable or safe to do so.

31. Test & Tagging

31.1. All Equipment supplied is tested and tagged by qualified personnel prior to hire.

31.2. If it is a long-term hire or the hire is extended beyond the original return date, you are solely responsible for keeping the testing and tagging of Equipment up to date in accordance with relevant Australian standards.

32. Consumable Items

32.1. Consumable items (such as batteries and tape) are generally not provided unless explicitly quoted as part of the rental. Batteries are sold in denominations of four and may be returned for a refund if unused and returned in their original, unopened packaging.

PART D: CREDIT TERMS (APPLY ONLY WHERE CREDIT IS OFFERED)

33. Credit Terms

33.1. If all or part of an invoice is not paid by the due date, we may charge interest on any overdue amounts at the rate of 2.5% per month or part thereof, calculated from the day following the due date of the invoice.

33.2. You must pay the full amount of invoices. However, you may take advantage of any settlement discount offered only if payment in full takes place strictly within the terms specified on the invoice, and no other invoice amounts are outstanding beyond their due dates at that time.

34. Right to Cancel

34.1. If you are in debt to us exceeding our agreed credit terms, we reserve the right to immediately: not supply further Equipment or Personnel; cancel any existing bookings; and recover all Equipment from your possession.

35. Credit Policy Conditions

35.1. From time to time, we may review your credit account without prior notice.

35.2. Credit account facilities may be withdrawn at any time at our sole discretion without prior notice being given.

36. Disclosure of Information

36.1. We may disclose information contained in your credit application and any payment default in excess of 50 days to a credit reporting agency in accordance with the Privacy Act 1988 (Cth). We may also obtain a report regarding the applicant’s creditworthiness from a credit reporting agency or any credit provider named on the application or disclosed by a credit reporting agency.

37. Business Purposes

37.1. You acknowledge that any credit provided to you under this Agreement shall be provided wholly or predominantly for business purposes.

PART E: FINAL PROVISIONS

38. Signatory Liability

38.1. The person accepting this Agreement for and on behalf of the Hirer hereby warrants that they have the Hirer’s full authority to enter into this Agreement on the Hirer’s behalf, to grant security interests in connection with it, and are empowered to bind the Hirer. This signatory hereby agrees that they are personally liable and guarantees all your obligations under this Agreement. This guarantee is in addition to and does not derogate from any other guarantee provided.