Terms of Trade 

BANKS EVENTS – TERMS AND CONDITIONS OF HIRE

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These Terms and Conditions of Hire ("Terms") govern the provision of event services by Radhope Pty Ltd T/A Banks Events  ("Banks Events " or the "Service Provider") to its clients ("Client") and apply to all quotations, agreements, and work orders unless expressly overridden by written contract.

We make our services available as instructed by you our client.

1. DEFINITIONS

1.1. "Agreement" refers to any formal document executed between Banks Events  and the Client, including these Terms.

1.2. "Services" means any related work or hire provided by Banks Events  

1.3. "Personnel" means employees, contractors, and representatives of Banks Events .

1.4. "Site" refers to the location where the Services are delivered.

1.5. "Force Majeure Event" means events outside a party’s control that hinder obligations.

1.6. "Variation" refers to written amendments to Services, timing, or pricing.

1.7. "Standby Time" means periods when equipment or personnel cannot operate due to Client delays or site inaccessibility.

2. SCOPE OF SERVICES

Banks Events  offers the following services:

2.1. Event Creative Direction and Management Services   

2.2  Event Staff with a specialty of on Water Events

2.3. Technical Production and show services for events

2.4. Stage Management

2.5. Agency Coordination

2.6. Boat Hire –Through our Sister Company Waratah Marine .

2.7. Risk and Compliance

3. TERM

3.1. These Terms apply upon the Client’s acceptance of a quote or commencement of Services.

3.2. Services continue until completed or terminated.

4. FEES AND PAYMENT

4.1. Fees are provided via quotation.

4.2. Invoices are issued upon completion or at agreed milestones.

4.3. Payment is due as per the terms listed on the quote .

4.4. Late payments attract interest at 2% per month.

4.5. Disputes must be raised within 5 business days of receipt of invoice.

4.6. Services may be suspended for non-payment.

4.7. Standby and Delay Charges – If work is delayed due to Client or third-party causes, standby charges apply. Charges commence from time of delay and continue until operations resume.

4.8. The Service and Fees are incurred from the departure and arrival of Banks Events ’s yard/berth.

5. INSURANCE AND LIABILITY

5.1. Banks Events holds:

- Public Liability:

- Workers Compensation

- Professional Indemnity

5.3. Banks Events ’s liability is limited to re-performing Services or refunding fees.

5.4. No liability for indirect or consequential loss.

5.5. Banks Events is not liable for indirect, special, or consequential losses. Each party is responsible for any personal injury, death, or property damage caused by its negligence or breach of contract.

5.6. The Client indemnifies Banks Events for any third-party claims arising against claims arising from:

• Breaches of law or permit conditions by the Client

• Property damage or injury caused by attendees or third parties

• Instructions or actions not approved by the Company

5.7. Banks Events is not liable for any failure or delay in performance due to circumstances beyond its reasonable control, including but not limited to extreme weather, fire bans, acts of terrorism, pandemics, or governmental restrictions.

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6. HEALTH AND SAFTEY 

6.1. Banks Events complies with relevant NSW and Australian Legislation, AMSA  regulations, and environmental standards. Banks Events has safety procedures, risk assessments, and emergency response protocols. The Client agrees to cooperate with and adhere to the requirements of these standard procedures where applicable during joint operations.

6.2. Client ensures Site access and safety.

6.3. Inductions and emergency protocols shared.

6.4. Client is responsible for notifying Banks Events of any known hazards or high-risk conditions of the work.

6.5. If specific documentation such as Safe Work Method Statements (SWMS), engineering reports, or traffic management plans are required by site regulations, statutory bodies, or project scope, Banks Events ]

reserves the right to charge additional fees for the preparation or acquisition of such documentation. These charges will be communicated to the Client in advance where practical.

7. SITE CONDITIONS

7.1. Client provides Site access, permits, and berths to undertake the work instructed by the client, unless otherwise agreed.

Client is responsible for ensuring that cargo to be handled by Banks Events is delivered to the Site on time and in a condition suitable for immediate handling or lifting. If any equipment, cargo, or materials are delivered to and remain at Banks Events ’s wharf at Glebe Island without prior agreement, storage or demurrage charges will apply. These charges will be calculated daily or as otherwise notified to the Client in writing.
7.2. Delays due to unready Sites incur standby charges.
7.3. Unsafe Sites may lead to suspension of Services.

8. DISPUTES

8.1. In the event of any dispute, controversy, or claim arising out of or relating to this Agreement, the parties agree to first attempt to resolve the matter amicably through good faith negotiations.

8.2. If the dispute cannot be resolved within 15 business days of written notice by either party, the parties agree to submit the dispute to mediation administered by a mutually agreed mediator before commencing any court or arbitration proceedings.

8.3. If mediation is unsuccessful, either party may commence legal proceedings in the courts having jurisdiction under Clause 14 (Governing Law).

8.4. Each party will bear its own costs in respect of any negotiation or mediation unless otherwise agreed in writing.

8.5. Nothing in this clause prevents either party from seeking urgent interlocutory relief from a court to protect its interests’ pending dispute resolution.

9. CONFIDENTIALITY

9.1. Both parties shall keep business information confidential.

9.2. Disclosure only permitted by law or with consent.

9.3. Clause survives termination.

10. INTELLECTUAL PROPERTY

10.1. IP of Documents provided or posted remains property of Banks Events unless otherwise agreed.

10.2. Client receives license to use IP for project-related use only.

11. GOVERNING LAW

11.1. These Terms are governed by the laws of NSW Australia.

11.2. Parties submit to the jurisdiction of the courts of NSW Australia