The following are the terms and conditions of the use of the studios and equipment of Daylight Studios.

The Hirer

The hirer is deemed to be the person or party ultimately responsible for the payment of the hire fees. The hirer will also be deemed to be aware of these terms and conditions together with current prices upon any order received, equipment issued or studios booked at or by Daylight Studios. It is the hirer's responsibility to make themselves aware of the terms and conditions.

Use of Equipment

The hirer at all times must use the equipment in a skilful and proper manner and shall at their own expense service, clean and maintain the equipment in good and substantial repair and condition, reasonable wear and tear to be excepted. Flash equipment must never be connected to a petrol generator as substantial damage will occur and the hirer will be deemed negligent and responsible for the entire cost or replacement.

Cleaning

Upon completion of hiring the Hirer must properly clean the equipment. It is agreed that the whole or any part of the costs incurred by the owner arising out of the failure by the hirer under this clause will be charged to the hirer.

Freight

The hirer shall be responsible for all freight and other charges, whether incurred by the owner or the hirer in respect of the delivery and return of the equipment except when the period of breakdown is determined and the equipment is returned to the owner due to a breakdown or failure caused by reasonable wear and tear and not by the owner's negligence or misuse or any other reason whatsoever.

Damage to Equipment

The hirer shall be responsible for any loss or damage to the equipment for any reason whatsoever except loss or damage, which is caused by reasonable wear and tear. It is agreed that upon the completion of the period of hire the whole or part of the costs for replacement or repair to the equipment may be charged to the hirer. This includes damage caused by any sticking tape applied to any equipment. Daylight Studios wholly discourage the use of sticking tape on equipment. Any and all equipment hired will be deemed to be purchased by the hirer from Daylight Studios at the full current market value should it be damaged in any way during the period of the hire.

Hiring Charges

The hirer shall pay the owner the charges at the rate specified which shall commence from the beginning of the period of hire. Where there are bookings of more than one day the hirer will be charged for the entire agreed number of days regardless of any early return of equipment. Any extensions to such a booking will be charged at the full daily rate. Any equipment taken on location or into a studio is deemed hired and will be charged for whether or not it is actually used.

*See also 'Bookings of more than one day'.

Sub Hire

Sub hire, paid or unpaid and including lending, is expressly forbidden without the written consent of Daylight Studios Management.

Breakdown

In the event of a breakdown or failure of the equipment the hirer shall return the equipment to the owner's premises forthwith and on no account repair, or attempt to repair the equipment without prior consent of the owner. In the event of such a breakdown or failure is caused by reasonable wear and tear and not by the hire's negligence or misuse or any other reason whatsoever, then a period of hire shall be determined upon the return of the equipment to the owner.

Liability

The owner shall not be responsible for any loss or damage of the leased equipment whether to the hirer or its property or any other person, firm or corporation, or to the property of any person, firm or corporation nor shall the owner be liable for any delay or failure thereof for any interruption of use of the same or loss resulting therefrom. The owner's liability if any, for furnishing the wrong or defective equipment to the hirer is limited to rebate of the rental charged for such equipment. The hirer hereby indemnifies the owner from liability for all and any such losses, damage, injuries, claims, demands and expenses of whatsoever kind of nature arising out of the use or condition including without limitation, latent and other defects whether or not discoverable by the owner of the hired equipment. Daylight Studios, its employees and sub-contractors will not be liable for any cost related to the re-capture of any digital data.

Care with Petrol Generators

A flash pack must never be connected to a petrol generator without a voltage regulator such as the "Pro Gas" for Profoto packs. Unprotected packs are liable to explode and incur very substantial repair costs. Anyone doing this will be entirely liable for all damage and repair costs. This may also result in the cost of a complete replacement.

Your Property when in the Studios

Daylight Studios will not be held responsible for the loss or theft of any property of any person using the studios, nor for any prop- erty lost in transit to or from the studios. Any items left at or deliv- ered to the studios are not the responsibility of Daylight Studios.

Clients leaving property in the studios do so at their own risk. Clients should ensure that their insurance policy covers them whilst using the facilities at Daylight Studios.

Cancellation Fees, Booking and Holds

A hold placed on a studio becomes a booking 36 hours prior to the shoot date unless the hirer makes notification to the contrary. A cancellation made within the 36-hour period prior to the shoot incurs a fee of $400 plus GST. A cancellation of studio or equipment made on the day of the shoot incurs a fee of 100% of the fee involved.

Booking Periods

The initial agreed number of days that equipment or studios are booked for shall stand as the total number of days to be invoiced regardless of whether the hirer returns the equipment or no longer requires the studio before the end of the agreed original number of days. The hirer will be billed for the original agreed term of the hire.

Studio bookings are from 0800hrs until 1800hrs full day, and from 0800 until 1300hrs and 1300hrs until 1800hrs for half days. Overtime will be charged as detailed in the price list.

Freight

The hirer shall be responsible for all freight and other charges, whether incurred by the owner or the hirer in respect of delivering and returning of equipment

All of the above is subject to change without notice.

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