Terms and Conditions

Eleven Eleven Studios & Prop Hire

T/AS Eleven Eleven Studios

TERMS AND CONDITIONS - 2025

1. Definitions: in these Terms and Conditions

Bond means the amount payable by the Customer to account for any damage to the Goods by the Customer or any third party once the Goods have been passed to the Customer.

Customer means the person or entity named in the Invoice.

Deposit means the non-refundable deposit payable by the Customer of 30% of the total Invoice.

Event Date means the date that the Customer has specified it wishes to have the event on for Eleven Eleven Studios to provide the Goods and/or the Services.

Force Majeure Event means:

a. Strikes or lockouts;

b. Fires, storms, floods, pandemics, epidemics, natural disasters or other acts of God; and

c. Riots, wars or civil commotions.

Goods means any products/items, in particular hire items and inventory, supplied by Eleven Eleven Studios as specified in the Quotation and/or the Invoice.

GST means goods and services tax in accordance with A New Tax System (Goods and Services Tax) Act 1999 (Cth).

Intellectual Property means all the registered or unregistered copyright, trademarks, patents, designs, business names, images, logos, catalogues, inventory of Eleven Eleven Studios and any other intellectual property rights arising by law.

Invoice means an invoice issued by Eleven Eleven Studios for the supply of Goods or the provision of Services.

Quotation means a written quotation provided by Eleven Eleven Studios to the Customer including full details of the Goods and Services, specifications, pricing, timing and payment.

Services mean all services provided by Eleven Eleven Studios, its agents or contractors and as specified to in the Quotation and/or the Invoice.

Terms and Conditions means these Terms and Conditions.

Venue means the premises for the Event Date and/or as listed in the Quotation and/or the Invoice.

Warehouse means the business premises of Eleven Eleven Studios, located 28 Maloney Street, Eastlakes, 2033, Sydney Australia

2. Basis of Agreement

2.1. Unless otherwise agreed by Eleven Eleven Studios in writing, these Terms and Conditions apply exclusively to every agreement entered for the supply of the Goods and/or the Services by Eleven Eleven Studios to the Customer.

2.2. Any written Quotation provided by Eleven Eleven Studios to the Customer concerning the proposed supply of the Goods and/or the Services is:

2.2.1. valid for 14 days;

2.2.2. an invitation to treat only; and

2.2.3. subject to the Customer accepting these Terms and Conditions.

2.3. Eleven Eleven Studios in its absolute discretion may withdraw any Quotation (including any oral or written refusal or withdrawal) with notice to the Customer

3. Quotation

3.1. Eleven Eleven Studios will provide a Quotation for the supply of the Goods and/or the Services upon request by the Customer.

3.2. All Quotations are valid for a period of fourteen (14) days from the date of the Quotation.

3.3. The Customer must accept the Quotation in writing to Eleven Eleven Studios.

3.4. Where the Customer has not signed a binding document with Eleven Eleven Studios, the Customer acknowledges and agrees that by accepting a Quotation with Eleven Eleven Studios for the supply of Goods and/or the provision of Services, the Customer agrees to be bound by these Terms and Conditions.

4. Deposit

4.1. Once the Customer has accepted the Quotation accordance with clause 3 above, the following will occur:

4.1.1. The Customer must pay the non-refundable Deposit, that being, 30% of the Invoice to be paid by the stated due date on the Invoice; and

4.1.2. The Customer must sign and complete these Terms and Conditions, together with any other important paperwork required by Eleven Eleven Studios and return it to styling@elevenelevenstudios.com.au

4.2. For the avoidance of doubt, the Customer acknowledges and agrees that the Deposit and any other deposit payable by the Customer is non-refundable. As such, at no time is the Customer entitled to recover the Deposit from Eleven Eleven Studios.

4.3. The Customer acknowledges and agrees that no Event Date will be confirmed until the Deposit has been received by Eleven Eleven Studios in cleared funds, or the full amount of the Invoice in accordance with clause 8.3.

4.4. Should the Customer undertake the steps in clause 4.1, Eleven Eleven Studios has the express right to terminate any further Services with the Customer.

5. Bond

5.1. The amount of the Bond will be dependent on the number of the Goods hired and the event type. Eleven Eleven Studios will notify the amount payable by the Customer.

5.2. The Customer acknowledges and agrees the Bond is reasonable to secure the Goods and to account for any potential damage/loss to the

Goods by the Customer.

5.3. Eleven Eleven Studios has the express right to deduct any amounts it deems necessary from the Bond.

5.4. Should any loss of, or damage to, any Goods exceed the Bond, the Customer will be directly responsible for any shortfall which is payable to Eleven Eleven Studios.

5.5. Upon return of the Goods by the Customer and the review of the condition of the Goods by Eleven Eleven Studios, Eleven Eleven Studios will refund any excess Bond remaining to the Customer within thirty (30) days.

6. Attendees

6.1. The final number of attendees for the Event Date must be provided to Eleven Eleven Studios at least thirty (30) days prior to the Event Date.

7. Pricing

7.1. The price for the Goods and Services will be as specified in the Quotation and the Invoice.

7.2. Timing for payment will be as specified in the Quotation and in accordance with clause 8 of these Terms and Conditions.

7.3. All prices are exclusive of GST, unless otherwise advised in writing.

7.4. All prices will be reviewed in January of each calendar year. Eleven Eleven Studios reserves the right to modify any prices by way of an increase or decrease accordingly.

7.5. The pricing that will be applicable to the Customer will be determined based on the date of the Quotation provided for the Event Date.

7.6. If any Event Date falls on a public holiday, including Christmas Eve and New Year’s Eve, additional costs will be payable by the Customer due to this. This includes any Event Date that falls on a long weekend where the Event Date itself is not on a public holiday. Eleven Eleven Studios will notify the Customer of these additional costs.

7.7. If Eleven Eleven Studios is required to engage a third party supplier and/or vendor on the Customer’s behalf, Eleven Eleven Studios its discretion pay any invoice issued by a third party supplier and/or vendor on the Customer’s behalf or forward any invoice to the Customer for payment directly.

8. Payment for Services and Goods

8.1. Eleven Eleven Studios will issue the Customer with an Invoice.

8.2. Payment of an Invoice will be in the following stages:

8.2.1. Stage 1 – the Deposit which is payable immediately upon the acceptance of the Quotation; and

8.2.2. Stage 2 – The remaining balance of the Invoice, which is payable no later than thirty (30) days before the Event Date.

8.3. If the Event Date is ninety (90) days from the date of these Terms and Conditions, the Customer must pay 100% of the Invoice upon receipt of the Invoice by Eleven Eleven Studios.

8.4. All payments must be made by electronic funds transfer EFT into the bank account nominated by Eleven Eleven Studios.

8.5. The Customer acknowledges and agrees that any amounts paid by the Customer will not be refunded to the Customer in the event these Terms and Conditions is terminated, or the provision of the Services otherwise comes to an end.

8.6. Eleven Eleven Studios is not responsible for any delays in receipt of any payments made by the Customer caused by the Customer’s banks or financial institutions or otherwise.

9. Payment for hire of the Goods only

9.1. Eleven Eleven Studios will issue the Customer with an Invoice for the hire of the Goods.

9.2. Payment of an Invoice will be in the following stages:

9.2.1. Stage 1 – the Deposit which is payable immediately upon the acceptance of the Quotation; and

9.2.2. Stage 2 – The remaining balance of the Invoice, which is payable no later than thirty (30) days before the Event Date.

9.3. If the Event Date is less than two (2) months from the date of these Terms and Conditions, the Customer must pay a 100% of the Invoice

9.3. If the Event Date is less than two (2) months from the date of these Terms and Conditions, the Customer must pay a 100% of the Invoice upon receipt of the Invoice by Eleven Eleven Studios.

9.4. The payment must be made by electronic funds transfer into the bank account nominated by Eleven Eleven Studios.

9.5. The Customer acknowledges and agrees that any amounts paid by the Customer will not be refunded to the Customer in the event these Terms and Conditions is terminated, or the provision of the Services otherwise comes to an end.

9.6. Eleven Eleven Studios is not responsible for any delays in receipt of any payments made by the Customer caused by the Customer’s banks or financial institutions or otherwise.

10. Exchange of Goods

10.1. Where Eleven Eleven Studios is practicable able to do so and at its sole discretion and subject to availability, Eleven Eleven Studios may allow the Customer to exchange the Goods hired.

10.2. In the event of clause 10.1 above, the Customer may only exchange the Goods hired for Goods that are equal to, or greater then, the total Invoice.

10.3. Eleven Eleven Studios will not offer a refund or balance difference in the event the Customer cannot agree or comply with clause 10.2 above.

10.4. The Customer will notify Eleven Eleven Studios of the request to exchange the Goods and await further instructions from Eleven Eleven Studios

11. Changes

11.1. After the Customer accepts a Quotation, Eleven Eleven Studios will not be required to accept any changes requested by the Customer in

relation to the Goods and/or the Services and unless Eleven Eleven Studios agrees in writing, the Customer will be bound by the terms of the original Quotation and acceptance thereof.

11.2. Eleven Eleven Studios may, at its sole discretion, impose any conditions it sees fit on Eleven Eleven Studios’s acceptance of any change request.

11.3. No requests for changes to the supply of the Goods and/or the Services will be valid unless:

11.3.1. it is made in writing to Eleven Eleven Studios; and

11.3.2. it is made before the supply of the Goods and/or the Services that are the subject of any such changes.

11.4. Any changes will be subject to the availability of Eleven Eleven Studios, the Goods, the Venue, or any other suppliers engaged by Eleven Eleven Studios, Styling and may be subject to a price change.

11.5. If Eleven Eleven Studios accepts any changes, the price payable for the relevant Goods and/or Services will be adjusted as agreed between the parties, or otherwise as Eleven Eleven Studios determines is reasonable having regard to the nature and degree of such changes.

11.6. Eleven Eleven Studios will notify the Customer as soon as possible as to any price changes in accordance with clause 11.4 and 11.5 above.

11.7. If the Quotation and/or the Invoice changes drastically or more than once, including but not limited to changing from a cocktail to sit down function or vice versa, excessive florals to be added to removed, such changes will incur an administrative fee of $250.00.

11.8. Further, where Eleven Eleven Studios provides and delivers, at the Customers request, additional labour and/or expertise on the Event Date, which was not previously arranged, Eleven Eleven Studios reserves the right to charge the Customer for such additional labour and/or expertise and such amounts will be deducted from the Bond.

12. Event Date Changes

12.1. The Customer is entitled to one (1) Event Date change, where the Invoice remains the same and does not hinder any other customers of Eleven Eleven Studios.

12.2. If the Customer requests a second (2nd) Event Date change, such change will incur an administrative fee of $500.00.

12.3. Any subsequent Event Date change thereafter will incur a further administrative fee of $500.00.

12.4. Eleven Eleven Studios requires a minimum of thirty (30) days’ notice of any Event Date change requests.

12.5. Any Event Date change requests should be performed in the manner outlined in clause 11 above.

12.6. This clause 12 only applies to the Services and not any date change for hire of the Goods.

13. Covid-19 – if comes into affect again.

13.1. Due to the uncertainties surrounding Covid-19 and its impact on the industry, Eleven Eleven Studios will enforce a non-refundable $250 date holding deposit, payable by the Customer.

13.2. This date holding deposit is valid for two (2) months from the date of payment. During this period, the Customer and Eleven Eleven Studios will work together to secure any Services they require from Eleven Eleven Studios, in agreeance with any minimum spend conditions. If no commitment has been made, by way of securing the Services, by the Customer by the end of the two (2) month period, Eleven Eleven Studios cannot guarantee that its Services will still be available, unless an extension of time has been granted by Eleven Eleven Studios.

13.3. If the Customer does not proceed with engaging Eleven Eleven Studios and for the avoidance of doubt, the Customer acknowledges and agrees that the date holding deposit is non-refundable. As such, at no time is the Customer entitled to recover the date holding deposit from Eleven Eleven Studios.

13.4. If the Customer does proceed with engaging Eleven Eleven Studios in the manner outlined at clauses 3 and 4 above, the date holding deposit will be subtracted from any final Invoice payable by the Customer.

13.5. If the Customer elects to change the Event Date due to Covid-19 from a date in which Eleven Eleven Studios was available, to an unavailable new date, the following will occur:

new date, the following will occur:

13.5.1. For any Goods which the Customer has booked and remain available for the new date, but in which, Eleven Eleven Studios is not available to deliver or style the Goods, the Customer can still hire the Goods and will be refunded any delivery fees by Eleven Eleven Studios.

13.5.2. For any Services and Goods which remain unavailable for the new date, any fees paid by the Customer, less the Deposit and less an administration fee (to be determined at the sole discretion of Eleven Eleven Studios) will be refunded to the Customer.

13.6. The impacts and practicalities of this clause 13 will be discussed with the Customer by Eleven Eleven Studios.

13.7. This clause 13 only applies to the Services and not any date holding of hire of the Goods.

14. The Venue

14.1. The Venue may be arranged by mutual agreement between the Customer and Eleven Eleven Studios.

14.2. The Customer agrees to give clear and safe access to the Venue to Eleven Eleven Studios employees, contractors and suppliers at the agreed times.

14.3. In cases where Eleven Eleven Studios is unable to gain access to the Venue, or deliver any Goods to the Venue, Eleven Eleven Studios reserve the right to charge a re-delivery fee or re-

collect fee and all additional fees incurred by Eleven Eleven Studios for any re-attempts to gain access to deliver any Goods. Such fees will be notified to the Customer and a subsequent invoice will be issued.

14.4. Where Eleven Eleven Studios has agreed to deliver the Goods at the Venue or any other address provided by the Customer which is outside of the Sydney metropolitan area or more than 1 hour away from the Warehouse, Eleven Eleven Studios will charge additional fees for travel, accommodation, parking expenses/tolls and staff wages where necessary.

14.5. If the Venue is located 2 hours from the Warehouse, Eleven Eleven Studios will charge additional fees for additional fees for travel, accommodation, parking expenses/tolls and staff wages where necessary.

14.6. Such additional fees as outlined in clauses 14.4 and 14.5 above will be notified to the Customer and a subsequent invoice will be issued.

14.7. If any supplier of Eleven Eleven Studios is located more than 1.5 hours away from the Venue, the suppliers may charge additional fees of which the customer is solely responsible for.

14.8. If the Customer is not the owner of the Venue, the Customer represents and warrants to Eleven Eleven Studios, that:

14.8.1. It has obtained the consent of the owner and any agent of the owner of the Venue for Eleven Eleven Studios to supply the Goods

and/or the Services to the Venue;

14.8.2. It is liable to pay Eleven Eleven Studios even though it is not the owner of the Site; and

14.8.3. It will indemnify Eleven Eleven Studios against all costs or damage suffered by Eleven Eleven Studios or which is claimed against Eleven Eleven Studios arising from any breach of this clause 14.8 by the Customer.

15. Delivery

15.1. The date of delivery of any Goods will be a date as agreed between the Customer and Eleven Eleven Studios, or at the sole discretion of Eleven Eleven Studios.

15.2. If the Customer would like a delivery quotation, they can request one from Eleven Eleven Studios.

15.3. Eleven Eleven Studios will use its best endeavours to deliver, supply and collect the Goods at an agreed time, however, if this is does not occur, the Customer releases Eleven Eleven Studios from any loss, claim or liability arising from or because of any delay in the conduct of the Services or the delivery, installation or collection of the Goods.

15.4. Eleven Eleven Studios is not responsible for any failure to provide the Services or supply the Goods where access to the Venue in accordance with clause 15 has not been provided.

16. Collection/Pick Up of the Goods

16.1. Should the Customer prefer to collect/pick up the Goods, this is available from Eleven Eleven Studios Warehouse.

16.2. The Goods are to be collected on a Thursday and returned to Eleven Eleven Studios Warehouse on a Monday or Tuesday of each week (again this can be altered at Eleven Eleven Studios sole discretion.)

16.3. If any of the Goods are of a larger scale, then they must be collected in a van or truck to ensure no damage occurs.

16.4. Eleven Eleven Studios does not allow transportation of the Goods utilising a ute unless the ute has tie downs and coverings on it.

16.5. Eleven Eleven Studios does not allow the transportation of the Goods by attaching the same to the top of a car.

16.6. Eleven Eleven Studios reserves the right to refuse collection/pick up if the transportation of the Goods does not meet the requirements in this clause 16, or in Eleven Eleven Studios sole discretion. The Customer will have no right to claim any fees, loss or damage associated with having to re-organise transportation and indemnifies Eleven Eleven Studios from any fees, loss or damage associated with this.

17. The Goods

17.1. All Goods supplied by Eleven Eleven Studios are charged on a six (6) day hire period (unless otherwise agreed).

17.2. Any extension to the time period at clause 17.1 above will be deemed a change and will be dealt with in the manner at clause 11 above, including the additional fees that follow.

17.3. If the Customer requires a date change to the Event Date, Eleven Eleven Studios will accommodate this request, subject to the availabilities of the Goods. Such request is to be made in writing to Eleven Eleven Studios.

17.4. If the Customer does not comply with clause 17.3 and has not provided Eleven Eleven Studios with the request in writing and therefore, the Goods are not available due to a date change of the Event Date, the Customer must accept alternative Goods that are the equal to, or greater then, the total Invoice.

17.5. Eleven Eleven Studios will not offer a refund or balance difference in the event the Customer cannot agree or comply with clauses 17.3 and 17.4 above and for the avoidance of doubt, will forfeit any monies paid by the Customer for an Invoice.

17.6. Eleven Eleven Studios may deliver the Goods or allow the Customer to collect the Goods at a location and time advised by Eleven Eleven Studios.

17.7. Drawings, specifications and designs submitted or prepared by Eleven Eleven Studios for the Goods shall remain the sole property of Eleven Eleven Studios, and are not to be reproduced, copied or used, for the intended purpose or any other purpose, in whole or in part without the prior written consent of Eleven Eleven Studios.

17.8. Eleven Eleven Studios reserves the right to deduct from the Bond any amount it deems appropriate for any loss of, or damage to, the Goods bythe Customer.

17.9. The Customer acknowledges and agrees to the following:

17.9.1. To ensure that the Goods are maintained in good repair, condition and working order.

17.9.2. To ensure the Goods are kept in a clean, safe and secure environment, including but not limited to, being locked away and not accessible to the general public.

17.9.3. That the Customer has the sole responsibility of inspecting the Goods to ensure that the Goods are in good repair, condition and working order.

17.9.4. If the Goods are not in good repair, condition and working order, or contain damages or defects, the Customer must notify Eleven Eleven Studios within four (4) hours of receiving the Goods or collecting the Goods.

17.9.5. That additional fees will be charged by Eleven Eleven Studios in circumstances where the Customer changes their mind as to the Goods, due to personal taste or otherwise.

17.9.6. That in the Goods will be returned to Eleven Eleven Studios undamaged, clean and in the condition the Goods were received by the Customer in.

17.10. In the event of loss or damage of any kind whatsoever to the Goods, the Customer shall, at Eleven Eleven Studios discretion:

17.10.1.Have the Goods repaired to a good condition and working order; or

17.10.2.Replace the Goods with the same or similar goods, in good repair, condition and working order; or

17.10.3.Pay to Eleven Eleven Studios the replacement cost of the Goods.

18. Title and Risk in the Goods

18.1. The risk in the Goods passes to the Customer upon:

18.1.1. The Customer (or their agent) collecting the Goods from Eleven Eleven Studios; or

18.1.2. Upon delivery of the Goods to the Venue, or to any other nominated delivery address as agreed by Eleven Eleven Studios.

18.2. The Customer acknowledges and agrees that the Goods are hire items only and ultimately, the title and ownership in the Goods exclusively remains with Eleven Eleven Studios.

18.3. Nothing in these Terms and Conditions constitutes a transfer of title in the Goods, which remains with Eleven Eleven Studios.

18.4. Eleven Eleven Studios reserves the right to enter the Venue or any other nominated delivery address and take possession of the Goods at any time and at its sole discretion.

19. Cleaning/Handling fee

19.1. Eleven Eleven Studios will include a small fee for cleaning/handling on all Invoices. Thus covering the time of a staff member to retrieve/load/pack any décor/styling items from our storage/warehouse facility to the premises in which the items are to be collected from. And then clean and return upon the hire ceasing to ensure our products are always provided in pristine condition to the following hire. Thus cleaning fee is applied to all hires regardless of the size. A larger fee will be applied to any hire including the following

Goods:

19.1.1. Candle ware; ALL.

19.1.2. Table linen (napkins, tablecloths, table runners);

19.1.3. Glassware (water/wine/champagne/vases);

19.1.4. Rugs;

19.2. The Customer acknowledges and agrees that due to the luxe selection of Goods made available by Eleven Eleven Studios, Eleven Eleven Studios does not have the luxury to have backups or replacements of Goods and therefore the cleaning of the Goods used by the Customer is essential and reasonable.

20. Wet Weather

20.1. In the event of wet weather, Eleven Eleven Studios will re-locate all the Goods hired for the Event Date to an alternate destination. There will be no compensation offered to the Customer for change of Venue or if Eleven Eleven Studios cannot fulfil the Goods requested due to wet weather.

20.2. If the Customer does not have an alternative Venue for a wet weather option and it is raining on the Event Date, Eleven Eleven Studios reserves the right to refuse to supply the Goods, including any set up/styling services, due to the damage this will cause to the Goods.

20.3. It is strictly up to the Customer, not Eleven Eleven Studios, to secure an alternative wet weather venue.

20.4. Eleven Eleven Studios will use its absolute discretion to determine changes due to wet weather and will consult with the Customer on this.

21. Third Party Suppliers and Vendors

21.1. If Eleven Eleven Studios is required to engage the services of a third party supplier and/or vendor, such parties will impose its own terms and conditions. By signing and agreeing to these Terms and Conditions, the Customer acknowledges and agrees to be bound by the terms of any third party supplier and/or vendor.

21.2. Any Services to be supplied by a third party supplier and/or vendor is strictly subject to its availabilities.

21.3. Eleven Eleven Studios does not make any warranty or representation as to the safety, condition, quality or description of any goods or services provided by a third party supplier and/or vendor.

21.4. Eleven Eleven Studios disclaims any association that it is an agent for any third party supplier and/or vendors.

21.5. In the event of any third party supplier and vendor’s cancellation, Eleven Eleven Studios may substitute a new third party supplier and/or vendor with or without advance notice, at its sole discretion. Any additional fees associated with this will be borne by the Customer.

22. Customer’s Obligations

22.1. Where permits, licences or approval, may be required by any law, regulation or authority, for the works to be performed, the Customer is responsible for obtaining or facilitating such permit, licence or approval prior to the commencement of the works by Eleven Eleven Studios.

22.2. If Eleven Eleven Studios receives any fines where the Customer has not complied with clause 22.1 above, such fines will be the sole responsibility of the Customer and will be added to any Invoice issued by Eleven Eleven Studios.

23. Personal Property Securities Act 2009 (“PPSA”)

23.1. In this clause:

23.1.1. financing statement has the meaning given to it by the PPSA;

23.1.2. financing change statement has the meaning given to it by the PPSA;

23.1.3. security agreement means the security agreement under the PPSA created between the Customer and Eleven Eleven Studios by these Terms and Conditions; and

23.1.4. security interest has the meaning given to it by the PPSA.

23.2. The Customer acknowledges and agrees that these Terms and Conditions:

23.2.1. constitute a security agreement for the purposes of the PPSA; and

23.2.2. create a security interest in:

23.2.2.1. all Goods previously supplied by Eleven Eleven Studios to the Customer (if any);

23.2.2.2. all Goods that will be supplied in the future by Eleven Eleven Studios to the Customer.

23.3. The Customer undertakes to:

23.3.1. promptly sign any further documents and/or provide any further information (such information to be complete, accurate and up-todate

in all respects) which Eleven Eleven Studios may reasonably require to:

23.3.1.1. register a financing statement or financing change statement in relation to a security interest on the Personal Property

Securities Register;

23.3.1.2. register any other document required to be registered by the PPSA; or

23.3.1.3. correct a defect in a statement;

23.3.1.4. indemnify, and upon demand reimburse, Eleven Eleven Studios for all expenses incurred in registering a financing statementor financing change statement on the Personal Property Securities Register established by the PPSA or releasing anyGoods charged thereby;

23.3.1.5. not register a financing change statement in respect of a security interest without the prior written consent of Eleven Eleven Studios;

23.3.1.6. not register, or permit to be registered, a financing statement or a financing change statement in relation to the Goods in favour of a third party without the prior written consent of Eleven Eleven Studios; and

23.3.1.7. immediately advise Eleven Eleven Studios of any material change in its business practices of selling the Goods which would result in a change in the nature of proceeds derived from such sales.

23.4. Eleven Eleven Studios and the Customer agree that sections 96, 115 and 125 of the PPSA do not apply to the security agreement created bythese terms and conditions.

23.5. The Customer hereby waives its rights to receive notices under sections 95, 118, 121(4), 130, 132(3)(d) and 132(4) of the PPSA.

23.6. The Customer waives its rights as a grantor and/or a debtor under sections 142 and 143 of the PPSA.

23.7. Unless otherwise agreed to in writing by Eleven Eleven Studios, the Customer waives its right to receive a verification statement in accordance with section 157 of the PPSA.

23.8. The Customer shall unconditionally ratify any actions taken by Eleven Eleven Studios under this clause 23.

24. Warranty

24.1. The Services and the Goods are provided on an “as is” basis. Eleven Eleven Studios does not provide any warranty as to performance, merchantability or fitness or suitable of the Goods for any particular purpose.

24.2. Eleven Eleven Studios excludes any other warranty or condition which would otherwise be implied in relation to the supply of Goods and the provision of Services. To the extent permitted by law, Eleven Eleven Studios limits its liability to:

24.2.1. in the case of Goods supplied during the provision of Services:

24.2.1.1. the replacement or repair of Goods or the supply of equivalent goods; or

24.2.1.2. the payment of the cost of replacing or repairing the Goods or acquiring equivalent goods; or

24.2.1.3. the refund of any amounts paid by the Customer.

24.2.2. in the case of Services:

24.2.2.1. the supply of Services again; or

24.2.2.2. the payment of the cost of re-suppling the Services; or

24.2.2.3. the refund of any amounts paid by the Customer.

24.3. Certain Goods supplied by Eleven Eleven Studios may be covered by a manufacturer’s warranty. To the extent permitted by law, such a warranty is in substitution of all other terms, conditions, warranties and representations, express or implied by statute or otherwise.

24.4. To the extent permitted by law, Eleven Eleven Studios disclaims responsibility or liability for any injury, loss or damage resulting from the Customer not using or applying the Goods in accordance with the recommendations and directions provided by Eleven Eleven Studios and or the manufacturer.

25. Australian Consumer Law

25.1. Our Goods and Services come with guarantees that cannot be excluded under the Australian Consumer Law:

25.1.1. For a major failure with a Good, the Customer is entitled to a replacement or refund and compensation for any other reasonable foreseeable loss or damage. If the failure does not amount to a major failure and if the Goods fail to be of acceptable quality, the Customer is also entitled to have the Goods repaired or replaced; and

25.1.2. For a major failure with the Service, the Customer is entitled to cancel any Service contract with Eleven Eleven Studios and obtain a refund for the unused portion, or to compensation for its reduced value. The Customer is also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure the Customer is entitled to have problems with the Service rectified in a reasonable time and, if this is not done, to cancel any contract and obtain a refund for the unused portion of the contract.

26. Liability

26.1. To the extent permitted by law, Eleven Eleven Studios is not liable for any injury, loss or damage of any kind whatsoever (including personal injury and damage to property) that the Customer or other person suffers in connection with the supply of the Goods or the provision of the injury and damage to property) that the Customer or other person suffers in connection with the supply of the Goods or the provision of the Services.

26.2. Eleven Eleven Studios is not liable for any injury, loss or damage of any kind whatsoever (including personal injury and damage to property) which is consequential, special, indirect or otherwise arising out of or in connection with the supply of Goods or the provision of Services, even if due to negligence of Eleven Eleven Studios, its employees, contractors and/or suppliers.

27. Payment Default

27.1. If the Customer defaults in payment by the due date of any amount payable to Eleven Eleven Studios, then all money which would become payable by the Customer to Eleven Eleven Studios at a later date on any account becomes immediately due and payable. Without the requirement of any notice to the Customer, Eleven Eleven Studios may, without prejudice to any other remedy available to it:

27.1.1. charge the Customer interest on any sum due at the Cash Rate Target stipulated by the Reserve Bank of Australia as at the date of Eleven Eleven Studios Invoice plus 2.75% until the date payment is received;

27.1.2. charge the Customer for all costs, charges and expenses incurred by Eleven Eleven Studios in recovering any outstanding monies including debt collection agency fees, administration fees and legal costs (on a full indemnity basis). Such amounts must be paid by the Customer on demand;

27.1.3. cease or suspend for such period as Eleven Eleven Studios thinks fit, supply of any further Goods or Services to the Customer; and

27.1.4. by notice in writing to the Customer, terminate any contract with the Customer so far as unperformed by Eleven Eleven Studios, without effect on the accrued rights of Eleven Eleven Studios under any contract.

28. Cancellation by the Customer

28.1. Any cancellation of the Goods and/or the Services made by the Customer, for whatever reason, will result in a forfeiture of the Deposit.

28.2. Should the Customer choose to cancel the Goods and/or the Services more than thirty (30) days from the Event Date, the Customer will be entitled to a refund, less the Deposit.

28.3. Should the Customer choose to cancel the Goods and/or the Services less than thirty (30) days from the Event Date, the Customer is not entitled to a refund and any amounts owing to Eleven Eleven Studios will be payable in full. This does not include any amounts for the Bond and delivery amounts.

28.4. Irrespective of when the Customer cancels the Goods and/or the Services, if Eleven Eleven Studios has arranged or paid for the hiring of goods and/or services from any third party suppliers and/or vendors, Eleven Eleven Studios will do its best to recoup any amounts paid to such third party suppliers and/or vendors.

28.5. If any amounts paid are recouped, Eleven Eleven Studios will, as soon as practicable, refund the amount to the Customer, less the Deposit. This does not apply in the circumstances outlined at clause 28.3.

28.6. However, in the event that 28.4 does not occur and the third party suppliers and/or vendors are not willing to release any amounts paid by Eleven Eleven Studios, Eleven Eleven Studios is not responsible for such amounts and the Customer indemnifies Eleven Eleven Studios from and against all actions, proceedings, claims, demands, costs, losses, damages and expenses (including reasonable legal costs and expenses) arising out of or in connection with the recouping of such amounts.

29. Cancellation by Eleven Eleven Studios

29.1. If Eleven Eleven Studios is unable to provide the Services and/or the Goods in accordance with the Quotation and/or the Invoice for any reason (including but not limited to, illness, accident, damage to Goods) Eleven Eleven Studios reserves the right to cancel the Quotation and/or the Invoice.

29.2. In this circumstance, Eleven Eleven Studios, at its discretion, will do its best to find substitute suppliers for the Customer.

29.3. Eleven Eleven Studios will refund any amounts paid by the Customer, less the Deposit, if Eleven Eleven Studios has had to cancel the Invoice.

29.4. Eleven Eleven Studios will contact the Customer to notify them of a cancellation as soon as practicable.

30. Photography

30.1. The Customer gives permission and shall allow Eleven Eleven Studios to use any photographs of the Services, the Goods and/or the Event Date for viewing on its website and related social media outlets, for promotional purposes only.

30.2. Where applicable, Eleven Eleven Studios will request permission from the Customer’s photographer for use of the professional photographs.

31. Confidentiality

31.1. Eleven Eleven Studios and the Customer agrees that all information relating to the Goods and/or the Services, including any information provided by Eleven Eleven Studios to the Customer and vice versa is confidential and the Customer Eleven Eleven Studios will not divulge either directly or indirectly to any third party such confidential information, save as to the extent that disclosure may be required by law and reasonably be required for the purpose of enabling Eleven Eleven Studios and the Customer to fulfil their respective obligations under these Terms and Conditions.

31.2. This clause shall have force after the termination or expiry of these Terms and Conditions

32. Force Majeure Event

32.1. Eleven Eleven Studios is not liable for any loss or damage the Customer may suffer caused by any failure by Eleven Eleven Studios to perform its obligations resulting from, or caused by, any fact or circumstance outside of Eleven Eleven Studios reasonable control, including but not limited to any Force Majeure Event.

32.2. If any Force Majeure Event applies and in Eleven Eleven Studios reasonable opinion, it is not able to supply the Goods and/or the Services at all, or within a reasonable time, Eleven Eleven Studios may, by written notice, and without liability whatsoever, terminate these Terms and Conditions.

32.3. If these Terms are terminated in accordance with this clause 32, the Customer is liable to pay for the Goods and/or Services supplied by Eleven Eleven Studios prior to the termination.

33. Intellectual Property

33.1. The Customer acknowledges that the Intellectual Property is the absolute property of Eleven Eleven Studios.

33.2. The Customer must not reproduce, repurpose, or use any of the Intellectual Property without the express written consent of Eleven Eleven Studios.

33.3. This clause shall have force after the termination or expiry of these Terms and Conditions

34. Indemnity

34.1. The Customer indemnifies Eleven Eleven Studios from and against all actions, proceedings, claims, demands, costs, losses, damages, and expenses (including reasonable legal costs and expenses) suffered or incurred by Eleven Eleven Studios Styling arising out of or in connection with the default in payment of any amount owing to Eleven Eleven Studios by the Customer.

34.2. The Customer indemnifies Eleven Eleven Studios from and against all actions, proceedings, claims, demands, costs, losses, damages, and expenses (including reasonable legal costs and expenses) suffered or incurred by Eleven Eleven Studios arising out of or in connection with the breach or default of these Terms and Conditions by the Customer.

35. Termination

35.1. These Terms and Conditions may be terminated by Eleven Eleven Studios by giving the Customer seven (7) days written notice.

35.2. Alternatively, Eleven Eleven Studios may terminate these Terms and Conditions at any time for convenience and with notice to the Customer.

36. Dispute Resolution

36.1. If a dispute arises out of or relates to these Terms, neither Party may commence any Court or arbitration proceedings relating to the dispute unless they have complied with this clause, except where it is seeking urgent interlocutory relief.

36.2. The Party claiming that a dispute has arisen under or in relation to these Terms must give written notice to the other Party specifying the nature of the dispute.

36.3. On receipt of the notice by that Party, both Parties must take reasonable steps to resolve the dispute expeditiously using informal dispute resolution techniques such as an informal settlement conference as agreed by them.

36.4. If the Parties do not agree within seven (7) days of receipt of the notice (or such further period as agreed in writing by them) as to:

36.4.1. The dispute resolution technique and procedures to be adopted;

36.4.2. The timetable for all steps in those procedures; and

36.4.3. The selection and compensation of the independent person required for such technique,

36.4.4. then they must mediate the dispute in accordance with the mediation rules of the recognised professional association for solicitors in the State of New South Wales.

36.5. The president of this professional association or the president's nominee will select the mediator and determine the mediator's remuneration.

36.6. If the mediation referred to above is not completed within four (4) weeks of reference to a mediator either Party may commence any court or arbitration proceedings relating to the dispute as they see fit.

36.7. The costs of the mediation will be borne equally by the Parties.

37. Privacy

37.1. Eleven Eleven Studios is bound by the Privacy Act 1988 (Cth) and takes steps to ensure that all personal information obtained in connection with the Customer will be appropriately collected, stored, used, disclosed and transferred in accordance with the National Privacy Principles. Such information may be accessed by request to Eleven Eleven Studios in accordance with the Privacy Act 1988 (Cth).

37.2. Eleven Eleven Studios requires that the Customer comply with the National Privacy Principles in connection with any personal information supplied to it by Eleven Eleven Studios in connection with these Terms and Conditions.

38. Notices

38.1. A notice or other communication to a party must be in writing and delivered to that party or that party’s practitioner in one of the following ways:

38.1.1. Delivered personally; or

38.1.2. Posted to their address when it will be treated as having been received on the second business day after posting; or

38.1.3. Sent by email to their email address when it will be treated as received when it enters the recipient’s information system.

39. Governing Law & Jurisdiction

39.1. The law of the New South Wales governs these Terms, and the parties, submit to the non-exclusive jurisdiction of the Courts of that State.

40. General

40.1. These Terms and Conditions constitute the entire agreement between the Customer and Eleven Eleven Studios and supersedes any prior version of these Terms and Conditions.

40.2. Eleven Eleven Studios failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver or relinquishment to any extent of Eleven Eleven Studios right to assert or rely upon any such provision or right in that or any other instance, and the same shall be and remain in full force and effect.

40.3. In these Terms and Conditions references to the parties is to be read as references to or including, as appropriate, their respective successors, transferees and assigns as well as employees, partners, agents and related bodies corporate.

40.4. If a provision, or part of a provision, of these Terms and Conditions are void or voidable, that provision is servable and the remainder of these Terms and Conditions has full fare and effect