1. Definitions and scope
1.1 These terms apply to every quote, booking and service provided by Pro Light and Sound (“PLS”, “we”, “us”).
1.2 Client means the person or business named on the quote or invoice. Equipment means all equipment, cabling, staging, rigging and other items supplied by PLS, whether owned or sub-hired. Event means the event or function the services are booked for, including bump-in and bump-out. Services means equipment hire, crew, design, production and any other services described in the quote.
1.3 These terms and the quote together form the agreement. If they conflict, the quote prevails to the extent of the conflict.
2. Acceptance
2.1 The client accepts these terms by accepting a quote in writing (including through our online portal or by email), by making a payment, or by otherwise instructing us to proceed.
2.2 A booking is confirmed only once payment is received in full, or the booking is placed on an approved credit account. Until then, equipment and crew are not reserved.
2.3 Any change to these terms must be in writing and agreed by both parties.
3. Quotes and pricing
3.1 Quotes are in Australian dollars and exclude GST unless stated otherwise. Quotes are valid for 30 days from the date of issue.
3.2 Quotes are based on the information the client provides, including venue, access, schedule, power and technical requirements. If that information is inaccurate or changes, we may revise the quote.
3.3 Changes requested by the client after confirmation may incur additional charges.
4. Payment
4.1 Payment must be made by electronic funds transfer (EFT) to the bank account shown on our invoice. We do not accept credit card, debit card or cheque payments.
4.2 We will never notify a change of bank details by email alone. Before paying to any new or changed account, the client must verify the details by calling us on 1300 930 131. We are not responsible for funds paid to an incorrect account.
4.3 Variations and additional charges incurred during the event, such as extra hours, added equipment or crew overtime, will be invoiced after the event and are payable within 7 days.
5. Credit accounts
5.1 Clients may apply for a credit account. Approval is at our sole discretion and subject to a credit assessment.
5.2 Credit account clients must pay each invoice in full by EFT within 14 days of the invoice date.
5.3 We may suspend or withdraw a credit account at any time if payments are overdue.
6. Late payment and debt recovery
6.1 Overdue amounts incur interest at the rate fixed under the Penalty Interest Rates Act 1983 (Vic), calculated daily from the due date until paid.
6.2 Any discount applied to an overdue invoice is forfeited and the full undiscounted amount becomes payable.
6.3 We may refer overdue accounts to a debt collector. The client is liable for all reasonable costs of recovery, including collection and legal fees.
6.4 We may withhold equipment or services on current or future bookings until overdue amounts are paid.
7. Cancellations and changes
7.1 Cancellation fees are calculated on the total quoted charge, based on the notice we receive in writing before the scheduled bump-in:
(a) More than 14 days’ notice: 20%
(b) 8 to 14 days’ notice: 35%
(c) 3 to 7 days’ notice: 50%
(d) 1 to 2 days’ notice: 75%
(e) Same-day cancellation: 100%
7.2 The cancellation fee will be no less than any non-refundable third-party costs we have already incurred, such as sub-hire, freight or travel.
7.3 Cancellation fees are deducted from any payment already made. Any balance will be refunded by EFT within 14 days.
7.4 A reduction in scope after confirmation is treated as a partial cancellation, and the fees above apply to the value removed.
7.5 Rescheduling may be agreed at our discretion, subject to availability.
8. Schedule, crew and overtime
8.1 Our quote is based on the bump-in, event and bump-out times agreed at booking.
8.2 Where the schedule runs over or is delayed for reasons outside our control, including by the client, the venue or other suppliers, additional crew time will be charged at our standard rates, including any overtime, weekend or public holiday loadings.
8.3 Time our crew spend waiting for access, power or clearance to start or finish work is chargeable.
8.4 The client must allow our crew reasonable breaks in line with workplace safety laws.
9. Venue, access and safety
9.1 The client is responsible for obtaining all permits, venue approvals and access needed for the event, including loading dock times and rigging approvals.
9.2 The client must give us accurate details of venue access, including stairs, lifts, parking, dock restrictions and the distance from loading to the work area. Extra labour or time caused by access conditions not disclosed to us will be charged.
9.3 We will rig only from points approved by the venue as suitable for the load. We may refuse to rig or install anything we consider unsafe.
9.4 The client must provide a safe working environment for our crew and equipment. We may pause or stop work where we reasonably consider conditions unsafe, without liability to the client.
10. Power
10.1 The client must ensure a safe, adequate and compliant power supply is available as specified in the quote or by us, within the agreed distance of the work area.
10.2 Any generator or temporary power not supplied by us must be tested and compliant. We are not liable for performance issues caused by inadequate or faulty power not supplied by us, and the client is responsible for any damage to equipment caused by it.
11. Noise limits and curfews
11.1 The client must tell us in writing, before the event, of any noise limits, curfews, licence conditions or council or venue restrictions that apply.
11.2 We will operate within any limits we have been told about. We are not liable for fines, shutdowns or curtailment arising from limits we were not told about, or from directions by the client or performers to exceed them.
12. Haze, smoke and effects
12.1 Where haze, smoke or special effects are used, the client must obtain venue approval and arrange any required isolation of smoke or fire detection systems. The client is responsible for any fire brigade attendance fees, false alarm charges or venue costs that result.
13. Weather and outdoor events
13.1 For outdoor events, the client must provide covered, level and secure areas for equipment, operating positions and power distribution, unless these are included in our quote.
13.2 We may delay, suspend or stop setup or operation, or remove equipment, where weather such as rain, high wind, lightning or extreme heat creates a risk to people or equipment. Charges remain payable.
13.3 Ordinary adverse weather is not a force majeure event. A cancellation due to weather is treated as a cancellation under these terms unless otherwise agreed.
14. Equipment care and responsibility
14.1 Equipment remains the property of PLS or its suppliers at all times.
14.2 The client is responsible for equipment from when it is delivered to, or collected by, the client until it is returned to or collected by us, including while left at a venue unattended or overnight, except where loss or damage is caused by us.
14.3 The client must not move, adjust, re-patch, modify or connect other equipment to our equipment without our approval, and must protect it from liquids, weather, crowds and theft.
14.4 For dry hire, equipment must be returned clean, complete and in the same condition by the agreed time. Late returns are charged at the daily hire rate.
14.5 The client must not sub-hire, lend or remove equipment from the agreed venue.
14.6 The client must pay the cost of repair, or the replacement cost of lost equipment or equipment damaged beyond repair, as reasonably determined by us, within 7 days of our invoice. Fair wear and tear is excepted.
14.7 If the client breaches these terms, the client must allow us, our staff and agents to enter the premises where equipment is located to recover it, with notice where practicable.
15. Client materials and content
15.1 The client must supply logos, media, playback files and presentations in the formats and by the deadlines we request. We are not responsible for problems caused by late, incorrect or incompatible materials, and extra work to fix them may be charged.
15.2 The client confirms it holds all rights and licences needed for the content and music it supplies or requests, including any music licensing for the event, and indemnifies us against any claim that it does not.
16. Intellectual property and media
16.1 The client retains ownership of its own materials and of final content created specifically for the client and paid for in full.
16.2 We retain ownership of our pre-existing intellectual property and of all designs, drawings, plots, show files, lighting programming, templates and methods we create or use. The client receives a non-exclusive licence to use deliverables for the event.
16.3 We may photograph or film our work and use event images in our marketing unless the client tells us in writing before the event that it is confidential. We will take reasonable steps to protect confidential events and materials.
17. Insurance
17.1 We hold public liability insurance of $20 million. A certificate of currency is available on request.
17.2 The client is responsible for its own insurance, including event cancellation cover and cover for equipment while it is in the client’s care.
18. Liability
18.1 Nothing in these terms excludes or limits any right the client has under the Australian Consumer Law that cannot lawfully be excluded or limited. Where our liability for breach of a consumer guarantee can be limited, it is limited, at our option, to supplying the services again or paying the cost of having them supplied again.
18.2 To the extent permitted by law, our total liability under or in connection with this agreement is limited to the total amount paid by the client for the relevant event.
18.3 To the extent permitted by law, we are not liable for any indirect or consequential loss, including loss of revenue, profit, ticket sales, opportunity or reputation.
19. Indemnity
19.1 The client indemnifies PLS against any claim, loss, damage or liability arising from the client’s acts or omissions, negligence or breach of this agreement, including those of its guests, performers, staff and contractors, except to the extent caused by our negligence or breach.
20. Non-solicitation
20.1 During the agreement and for 12 months afterwards, the client must not directly engage or employ any of our staff or contractors introduced through our services without our written consent. If it does, the client must pay a placement fee of 25% of that person’s first-year remuneration or annualised fees.
21. Subcontracting
21.1 We may subcontract any part of the services or sub-hire equipment without the client’s consent. We remain responsible for the services we have agreed to provide.
22. Force majeure
22.1 Neither party is liable for failure or delay in performing its obligations (other than payment obligations) caused by events beyond its reasonable control, including natural disasters, fire, flood, severe storms that close the venue, pandemic, government orders, utility failure or industrial action not involving that party. The affected party must notify the other promptly and take reasonable steps to reduce the impact.
22.2 If an event cannot proceed due to force majeure, both parties will try to agree a new date. If no new date is agreed within 6 months, we will refund amounts paid, less costs we have reasonably incurred and the value of work already performed.
23. Termination
23.1 Either party may terminate this agreement by written notice if the other party breaches a material term and fails to remedy the breach within 7 days of receiving written notice of it, or if the other party becomes insolvent.
23.2 If we terminate for the client’s breach, the cancellation fees in these terms apply as if the client had cancelled on the date of termination.
24. Disputes
24.1 A party raising a dispute must give the other written notice of it. Senior representatives of both parties will try in good faith to resolve it within 14 days.
24.2 If the dispute is not resolved, either party may refer it to mediation through the Victorian Small Business Commission or another mediator agreed by both parties. Mediation costs are shared equally.
24.3 Nothing in this clause prevents either party from seeking urgent relief from a court, or prevents us from taking action to recover overdue amounts.
25. General
25.1 This agreement is governed by the laws of Victoria, Australia.
25.2 This agreement is non-exclusive. We may provide similar services to others at any time.
25.3 Formal notices must be in writing and sent to the addresses or email addresses shown on the quote or invoice.
25.4 A failure or delay by either party to enforce any term is not a waiver of that term.
25.5 If any part of these terms is invalid or unenforceable, it will be read down or severed, and the rest of the terms continue to apply.
25.6 We handle personal information in accordance with applicable privacy laws.
25.7 We may update these terms from time to time. The version in effect when a booking is confirmed applies to that booking.
25.8 PLS is committed to equal opportunity and does not discriminate in its hiring, project assignments or treatment of clients.