Terms of service.
By engaging in our services, you are agreeing to our terms and conditions stated below.
*** COVID-19 related terms and conditions
C19-1. If your event has been cancelled/postponed last minute due to alert level restrictions relating to COVID-19 any money paid for your hire/event will be held in credit for 12 months at which point if you choose to you will receive a 100% refund. However if your event and/or equipment has been delivered and/or set up, either 20% or the service/transport costs to date will be retained to cover costs, which ever is greater. For example, your bill is $1000, $100 is a delivery charge, you paid a 50% deposit, we will refund $300 leaving $200 (20% of the total bill and greater than the delivery charge) as part of a non refundable deposit which can not be used as a credit for future bookings.
A.Notifiable Terms
A1. Insurance is the clients responsibility.
A2. The client will be fully responsible for any and all equipment whilst at the event (theft, damage, burglary, confiscation) inc cases and accessories..
A3. Equipment must be returned in the same working/functioning and cosmetic condition as when it was collected, ANY damage, theft or the non returning of any and all equipment may result in full replacement/repair costs on the client.
A4. The client is liable to pay any late payment (dated from due date), late equipment return fees, loss of earnings and any additional charges.
A5. The client is personally liable for all debt recovery costs. If a company is the client then the debt falls to the director/s/trustees of said company as personal guarantors.
A6. The client is liable to pay any late payment (dated from due date), late equipment return fees, loss of earnings and any additional charges.
A7. Event/Service cancellations or changes are not refundable. Once this form is signed, the client is liable for full payment.
1. Equipment
1.1. Smoke machines
1.1.1. Smoke machines can only be used in venues that allow them. Smoke detectors need to be isolated or disabled, if there is a charge to have them disabled, this cost falls on the client.
1.1.2. We use high-grade smoke fluid; however people with breathing difficulties should make themselves known to Lux Productions Ltd staff. Lux Productions Ltd holds no responsibilities for persons affected by the smoke.
1.1.3. We communicate with venue staff on how much smoke is allowed and we reserve the right to turn off the machines for safety reasons.
1.1.4. Some machines require CO2 gas.
1.2. Lighting
1.2.1. Flickering lights (such as strobe lights, moving lights and disco lights) at a particular frequency, can bring on an epileptic fit or other health issues for which Lux Productions Ltd cannot be held accountable. Any health concerns must be brought to the attention of Lux Productions Ltd.
1.2.2. All units will be tagged and tested to current New Zealand safety conditions and are valid from the date of issue.
1.2.3. All lighting fixtures, if requested will be supplied with 360° rated clamps and safety cable, these must be used when fixing the fixture to anything. Any improper rigging and resultant possible damage to equipment, property or persons remains the responsibility of the client. Any legal or financial implications again fall solely on the client.
1.2.4. Lux Productions Ltd is not responsible for how and where its fixtures are placed or used when out on hire to clients.
1.2.5. Any broken or damaged bulbs or equipment are to be paid in full by the client within 5 working days of the event [referred to as the dead line*].
1.2.6. Lux Productions Ltd reserves the right to collect any fixtures on hire without reason or refund.
1.3. Audio
1.3.1. All appropriate audio products will be supplied with fresh batteries along with one spare. If more are needed, please contact Lux Productions Ltd.
1.3.2. Some products have fuses built into them, if one blows due to the unit being overworked; this cost falls solely on the client. It is at the discretion of Lux Productions Ltd staff to replace these units while at events, additional labour and call out fees may apply.
1.3.3. Volumes that exceed the limits of the area or building will not be allowed and Lux Productions Ltd reserves the right to change settings to comply with the rules and neighbours. While on hire, Lux Productions Ltd cannot be held responsible for noise levels and rigging. Any repercussions of volumes or rigging fall solely on the client.
1.3.4. Songs requests need to be supplied to Lux Productions Ltd 2 weeks prior to the event. Any requests made within 2 weeks will be at the discretion of Lux Productions Ltd staff to supply. Songs requested within the 2-week period that cannot be supplied by Lux Productions Ltd or the client cannot be held against Lux Productions Ltd.
1.3.5 At family friendly events, Lux Productions Ltd will try its hardest to play family friendly music content but can not be held responsible for vulgar music played by entertainers.
2. Personnel
2.1. Lux Productions Ltd provide all event set up and breakdown requirements to make your event a success. Any damages caused by guests or the public to Lux Productions Ltd property during set up/pack out of the event will become the clients responsibility resulting in the replacement of such item/s at full cost solely using Lux Productions Ltd to purchase the replacement unit/s.
2.2. Lux Productions Ltd staff will dismantle the components at the end of the event to enable the venue to continue with its regular business commitments. We will request a schedule of timings to include all activities to outline set up and breakdown times.
2.3. Clients have to pay for 4 hours minimum to have Lux Productions Ltd staff onsite.
2.4. Equipment provided by Lux Productions Ltd for the event/s must ONLY operated and set up by Lux Productions Ltd staff.
2.5. During the day, if equipment that is placed as part of the event rig comprising of lighting, sound systems, atmospheric effects, theming, transportation, video and photography equipment is damaged or broken, this falls on the individual at fault and client. However if nobody is at fault or the person/s cannot be identified the replacement costs fall onto the person signing this contract.
2.6. Lux Productions will be held responsible for any set up and pack down damages of its own equipment which result from the actions of Lux Productions Ltd staff only. For other damages Lux Productions Ltd has $10,000,000 NZD worth of public liability.
3. Content
3.1. All concepts and designs within this document and any images or associated attached documents are the property of Lux Productions Ltd.
3.2. Photos/videos maybe taken at events that can be used by Lux Productions Ltd as promotional material. These images/videos become the property of Lux Productions Ltd.
3.3. Photos may be uploaded to the Lux Productions Ltd Facebook page and Website owned by Lux Productions Ltd.
3.4. Lighting and sound quality will be at the best it can be for the design selected, thus photos and video quality is dependent on the final lighting design which is down to client choice, thus Lux Productions Ltd are not accountable.
3.5. Verbal discussions on designs, ideas, events and theming remain the intellectual property of Lux Productions Ltd.
4. Other Safety
4.1. The event space that Lux Productions Ltd is using (i.e. the dance floor, stage, speakers outside the venue etc [not the whole venue]) is under the control of Lux Productions Ltd.
4.2. Lux Productions Ltd holds the right to stop certain people, who pose a risk to the rig or show, from sitting in certain places at the venue or attending the event altogether.
4.3. If any damage occurs to the venue or other persons’ property as a result of Lux Productions’s equipment or actions, it is to be dealt with via the insurance of the venue or the owners of the gear. If damage is the result of conditions affecting Lux Productions staff, repercussions fall on the venue/client.
5. Your Event
5.1. Please see the account details to pay the deposit stated; once this is paid you have confirmed your booking. However please pay the remainder of the total cost within 7 days prior to the event unless stated otherwise.
5.2. If you need to change/cancel any part of your package, please contact Lux Productions Ltd ASAP. Event details and specifications are final 7 days prior of the event unless stated otherwise.
5.3. Refunds of the deposit are not allowed unless stated otherwise at the discretion of Lux Productions Ltd staff and representatives.
5.4. If information in the contract/quote are wrong and Lux Productions Ltd follows this in-correct information, Lux Productions Ltd cannot be held accountable for the mistake and no refund will be given.
5.5. If the event is cancelled or parts of our service are changed. Deposits and charges may not be refunded unless at the discretion of Lux Productions Ltd Staff/representatives.
5.6. While at the clients’ event, any broken or damaged equipment must be either repaired or fully replaced (full RRP cost of the unit/s). All repairs and replacements must be done through Lux Productions Ltd and all invoices are to be paid in full 10 working days (due date) after the event.
6. Hire
6.1. When hiring equipment from Lux Productions Ltd, the client must provide ID.
6.2. It is at the discretion of Lux Productions Ltd staff whether payment for any hire must be paid prior to collection or after the return date of the equipment.
6.3. While at a client’s event, any broken or damaged equipment must be either repaired or fully replaced (full RRP cost of the unit/s). All repairs and replacements must be done through Lux Productions Ltd and all invoices are to be paid in full 10 working days [due date] after the collection date.
6.4. If hired items are not returned on the specified return date then additional daily rates for the respective units will be added per day plus 30% of the rental value.
6.5. If the item/s are not returned at all, legal proceedings will be taken in order to either get the item/s back or obtain their value including any accessories (I.e. cases, labour or testing and case fitting, clamps, cables and safety cables etc).
6.6. Some items will be supplied in cases with cables, clamps and safety cables, if any of these accessories are damaged, then full liability falls on the client.
6.7. Lux Productions Ltd cannot be held accountable for the manner in which hired out fixtures are rigged and used.
6.8. Lux Productions Ltd does not condone illegal underage parties with drugs and/or alcohol present; Lux Productions Ltd staff reserves the right to retake possession of the respective equipment under these circumstances.
6.9. Lux Productions Ltd reserves the right to retake possession of the hired out equipment with no reason or refund to the client.
6.10. If action has to be taken to return the items to the possession of Lux Productions Ltd including but not limited to legal and police action, lawyers, repo companies and lock smiths, then any resultant costs, damages and repairs to the equipment and property of Lux Productions Ltd and others will be the responsibility of the client. The client is still liable for full payment plus any late fees.
6.11. In some cases a bond of $100.00 and a copy of your ID may be asked for by Lux Productions Ltd. This bond will be refunded straight away upon return of working equipment in the same condition as it was hired out. If equipment is damaged, the bond and more may be asked for to cover any replacement costs.
7. Sales
7.1. For the sale of items via Lux Productions Ltd, payment must be paid in full prior to receiving the products.
7.2. Warranty periods are only valid if the products are treated and worked with in a manner acceptable and stated within their respective manuals.
7.3. If the client requests, supplied items can be electrically tagged and tested with current New Zealand safety standards. The tags expiry will depend on the units application and are accurate at the time of testing.
7.4. Clients acknowledge the rate at which the units must be retested.
7.5. Returns and refunds are not allowed unless stated by Lux Productions Ltd staff.
7.6. Labour charges maybe added to fix/remove/move/replace fixtures.
7.7. If you/your company/the company you represent have signed a suppliers contract with Lux Productions Ltd stating we will be used as main/sole provider of all lighting and sound equipment and event entertainment then the benefit will be much cheaper rates. If you wish to break the contract a fee of $1,000.00 will apply to the individual/company. If the individual/company uses another supplier by default the suppliers contract will break and a fee of $1,000.00 will still apply to the individual/company.
7.8. Lux Productions Ltd requires all relevant information relating to your/your venues current health and safety standards and/or guidelines. By agreeing to your quote/invoice you are accepting the work and/or event designs by Lux Productions Ltd as being compliant with these standards and/or guidelines. Any repercussions from non-disclosure or incorrect information are the client’s responsibility.
7.9. Lux Productions Ltd owns all of the equipment supplied until full payment is received. Repossession and legal costs may apply for equipment and payments that need to be retrieved as well as any legal costs will fall on the client (including small claims court fees etc.).
7.10. Consumables must be paid for upfront.
7.11. Accounts may be created at the instruction of the respective client and are to be paid by the due date stated on invoices.
7.12. You agree that Lux Productions Ltd has trained you in a safe and appropriate manner with regard to all equipment supplied.
7.13 Further training and labour costs may apply at the discretion of Lux Productions Ltd staff.
8. Other
8.1. Lux Productions Ltd may hire in gear for your event, if this gear is not tagged and tested, this is not the responsibility of Lux Productions Ltd and any fines are of the responsibility of the company/person Lux Productions Ltd hired it from.
8.2. If any hired gear causing a negative impact to the venue (i.e. fire alarms etc) and/or other person’s property is not the responsibility of Lux Productions Ltd and any fines are the responsibility of the client as they agree that they have been fully aware of all equipment being used and their hazards and dangers.
8.3. Lux Productions Ltd is a registered company on the NZ companies office and registered number can be supplied if need be.
8.4. If Lux Productions concepts are used on a Lux Productions event quoted event where we have supplied renderings but Lux Productions services are not used, then a fee of $249.00 will be charged to the client. Resemblance will be decided upon communications between Lux Productions Ltd and the client/s with any drawings supplied by Lux Productions Ltd used as evidence.
8.5. In the case of theming, photography, videographer, transport, hotel arrangements, catering, floral arrangements and all other services not supplied directly to the client by Lux Productions Ltd but via external providers sourced by Lux Productions Ltd, are not the responsibility of Lux Productions Ltd and any repercussions or additional fees or services are solely the clients responsibility.
8.6. Lux Productions Ltd reserves the right to change or alter these terms and conditions without knowledge to the client/s.
9. Payments
9.1. Reference earlier, the due date is the date that is stated on the invoice generated by Lux Productions Ltd. These dates may vary and are set at the discretion of Lux Productions Ltd staff. Prior to other arrangements, late payments will incur a penalty of 5% of the total event cost per working week without payment.
9.2. If the client chooses Lux Productions Ltd to event manage their function, a 10% fee will be added on top of any external vendors invoice at the discretion of Lux Productions Ltd staff.
9.3. Travel will be charged at the discretion of Lux Productions Ltd staff.
9.4. Late payments of invoices will be taken to the Small Claims Court (Dispute Tribunal) in which instance any costs on the client/s or Lux Productions Ltd part fall to the client to pay.
9.5. Lux Productions Ltd have certain hourly rates that it can charge or change at any time depending on set up and pack down implications.
9.6. There is a minimum hourly charge of 4 hours per technician.
9.7. There is an additional charge of $70.00 for pack in/outs between the hours of 12am and 5am Mon-Sun at the discretion of Lux Productions Ltd staff.
9.8. If the customer is a company or trust, the director(s) or trustee(s) signing this contract, in consideration for Lux Productions Ltd agreeing to supply equipment, services, designs and grant credit to the customer at their request, also sign this contract in their personal capacity and jointly and severally personally undertake as principal debtors to Lux Productions Ltd the payment of any and all monies now or hereafter owed by the customer to Lux Productions Ltd and indemnify Lux Productions Ltd against non-payment by the customer.
9.9. Any personal liability of a signatory hereto shall not exclude the customer in any way whatsoever from the liabilities and obligations contained in this contract. The signatories and customer shall be jointly and severally liable under the terms and conditions of this contract and for payment of all sums due hereunder.
10. By engaging with Lux Productions Ltd Ltd (i.e. using our equipment or services), you are agreeing to our terms and conditions. If you have any questions please contact your event producer, another senior Lux Productions Ltd staff member or by visiting our website www.luxproductions.co.nz