Last updated: September 2025

These Terms and Conditions (“Terms”) form the legally binding agreement between The Noire Collective (“we”, “us”, “our”) and you (“the Client” or “the Hirer”) for all bookings, hire arrangements, and services we provide. By confirming a booking, paying a deposit, or engaging our services, you acknowledge that you have read, understood, and agree to be bound by these Terms.

This agreement is governed by the laws of the Australian Capital Territory (ACT), and any disputes arising under it will be subject to the exclusive jurisdiction of ACT courts.

1.    Definitions

For clarity and consistency, the following terms are used throughout this agreement.

• Additional Fee: an additional amount charged by us for extra  work outside the quoted scope of work, such as an additional charge applied where delivery or collection is delayed, restricted or requires extra handling due to venue limitations.

• After-Hours Fee: an additional charge for delivery, collection, set-up, or pack-down outside Business Hours.

• Bond / Security Bond: a refundable amount paid before the hire period to cover potential loss, damage, cleaning, or late fees.

• Booking Form: the document we provide that you must complete to confirm items, dates, and hire details.

• Business Day: a day in the ACT on which banks are open for business, excluding Saturdays, Sundays and public holidays.

• Business Hours: Monday–Friday 9:00am–4:30pm and Saturday 10:00am–4:00pm. Hours outside this schedule are treated as after-hours.

• Cleaning Fee: a charge applied if items are returned in an unclean or unacceptable condition, requiring cleaning beyond reasonable wear and tear.

• Deposit: the non-refundable payment of 50% of the total hire cost required to secure a booking.

• Equipment / Hire Items: all products, furniture, décor, props and related goods supplied by The Noire Collective.

• Full Payment: the total hire amount, less the Deposit, payable 14 days prior to the event date.

• Late Fee: a fee applied when items are returned after the agreed date or time without prior written approval.

• Postponement Fee: a charge applied when a confirmed booking is rescheduled to a new date.

• Quote / Booking Invoice / Tax Invoice: the official document issued by us listing hire items, services and applicable fees.

• Set-Up / Pack-Down: the physical placement and assembly of hired items or pick up by The Noire Collective, as agreed in writing. Set-up does not include styling, decorating or creative arrangement.

• Hire Period: the agreed collection and return timeframe stated on the quote/booking confirmation or otherwise confirmed in writing.

2.    Scope of Services

The Noire Collective provides event product hire services including the supply of furniture, décor, props and other decorative or functional event items. We may also provide delivery, set-up, pack-down and collection services, as agreed at the time of booking.

Your quote or booking confirmation details the specific services, inclusions and exclusions. Review these carefully to ensure they reflect your requirements. Any service not explicitly listed will not be provided unless agreed in writing and may incur additional fees.

3.    Hours of Operation and After-Hours Services

Our Business Hours are:

• Monday–Friday 9:00am–4:30pm

• Saturday 10:00am–4:00pm. 

Deliveries, collections, set-ups or pack-downs outside these times (including Sundays and public holidays) incur an After-Hours Fee, disclosed in your quote or invoice. 

After-hours work must be arranged in advance and may attract surcharges based on time, distance, staffing and public-holiday rates.

4.    Booking Process and Payment Terms

Quotes are valid for 14 days unless otherwise stated. Pricing is subject to availability and may change if a booking is not confirmed within the stated validity period. Where significant details affecting delivery, access, or set-up are not provided at the time of quoting, we reserve the right to adjust the quoted price accordingly.

To confirm a booking, a non-refundable Deposit of 50% of the total hire cost (including any GST, delivery and set-up fees) must be paid within 3 Business Days of accepting the quote. Until paid in cleared funds, items remain available to other clients.

Bookings within 21 days of the event require full payment within 3 Business Days of invoice issue. Failure to make payment within this timeframe will result in the release of your booking and the forfeiture of availability.

The balance (and any Bond) is due 14 days prior to the event. If full payment is not received by the due date, we reserve the right to cancel the booking, retain the deposit, and release the items for hire to other clients.

Payments can be made via direct bank transfer, with account details provided on your invoice. All amounts are payable in Australian Dollars (AUD).

4.1 Custom Prop Builds or Special Purchases

All custom-built props and specially sourced purchases require full payment within 3 Business Days of accepting the quote. This payment is non-refundable once work/sourcing has commenced. 

Custom items remain the property of us unless otherwise agreed in writing. If agreed to be purchased outright by the Hirer, ownership transfers only upon receipt at the time of delivery or pick-up.

5.    Security Bond

A refundable Security Bond (minimum $100) is payable no later than 14 days prior to the event (or at booking if within that period). The amount of the bond is dependent on the total value and nature of the items being hired and will be confirmed in your quote or booking invoice.

The Bond will be refunded within 14 days after the hire period ends, provided all items are returned on time, in the same condition supplied, and without damage, loss or soiling. Bonds are refunded via the original payment method unless otherwise agreed in writing.

The Bond may be used to cover (but not limited to) all fees noted in this agreement. 

If costs exceed the Bond, you must pay the balance within 14 days of invoice. 

Event insurance is strongly recommended to protect you against accidental damage or loss during the hire period. The Hirer remains responsible for all hired items from the moment they are collected or delivered until they are returned or collected by us.

6.    Changes to Bookings

Changes must be requested in writing. Additional items are subject to availability and may require a further 50% Deposit of the additional hire value within 3 Business Days of the updated invoice.

If the total hire cost is reduced after the Deposit is paid, the reduction cannot exceed 50% of the original total. Where changes reduce the total after full payment, no refunds will be issued. Changes may affect delivery, collection and set-up fees. Multiple substantial changes may be treated as a cancellation (Section 7).

6.1. Substitution of Items

If a Hire Item becomes unavailable due to loss, damage, late return or circumstances beyond our control, we may offer a like-for-like substitution of equal or higher value at no additional hire cost. If no suitable substitute is reasonably available, we will refund the hire charges paid for that specific item as your sole remedy.

7.    Cancellations and Refunds

Cancellations must be made in writing. The effective date is when we receive your notice.

• More than 60 days prior to event: Deposit forfeited; any additional payments refunded less reasonable costs incurred.

• Within 30–60 days: 50% of the total quoted amount payable; any excess paid is refunded.

• Less than 30 days: 100% of the total quoted amount payable; no refunds.

Cancellation of substantial individual items may be treated as a full booking cancellation at our discretion. 

In all cases, we will work with you to explore a postponement (Section 8), subject to availability and fees.

7.1 Adverse Weather

We will make reasonable efforts to accommodate bookings affected by adverse weather; however, we may refuse hire or withhold delivery if conditions are unsafe or pose a high risk of damage.

For outdoor events, you must provide a wet-weather plan:

• Same location: details no later than 14 days prior.

• Change of venue: confirmation no later than 30 days prior to allow logistics and quotes with cost adjustments.

If no wet-weather plan is provided within these timeframes, we may refuse hire/delivery on the day. No refunds for unused items due to weather. Once items are set up, they will not be reallocated to another location on the day.

8.    Postponements

Requests to reschedule must be made in writing. We will try to accommodate your new date but are not obliged to supply the same items/services. If items are unavailable, we may offer alternatives of equal or lesser value; we are not responsible if you cannot find a suitable replacement.

Rescheduled dates must be within 12 months of the original date. Deposits transfer to the new booking less any Postponement Fee. If a postponed booking is later cancelled, no refund is issued. Multiple postponements may be treated as a cancellation.

A Postponement Fee of $100.00 (AUD) applies to all rescheduled bookings. This fee is payable in addition to any other charges incurred as a result of the postponement, including but not limited to increased delivery, labour, or venue access costs arising from the change of date.

The Postponement Fee is non-refundable and must be paid within 7 Business Days of issuing the updated booking confirmation. The original Deposit will be transferred to the new date (subject to Section 8), less the Postponement Fee.

9.    Hire Period

The hire period is stated in your booking and runs from the agreed delivery/collection date and time to the agreed return/collection date and time.

Items must be ready for collection or returned at the agreed time. Late returns incur a Late Fee (a daily percentage of hire cost) and may be deducted from the Bond. Extensions require prior written approval and may attract additional charges.

9.1 Title and Risk; Sub-Hire

All Hire Items remain the sole property of The Noire Collective at all times. Nothing in these Terms, including payment of the hire charges or Bond, grants the Hirer any ownership rights, title, or proprietary interest in the Hire Items. Title to all Hire Items will not pass to the Hirer under any circumstances.

Risk of loss, theft, damage, deterioration, or destruction of the Hire Items passes to the Hirer upon delivery to the agreed location or upon collection by the Hirer (whichever occurs first). The Hirer assumes full responsibility for the safekeeping and proper use of the Hire Items during the hire period and until the items are collected by The Noire Collective or returned to us. The Hirer must take all reasonable precautions to prevent damage or loss, including ensuring the Hire Items are secured against theft, weather damage, and misuse.

The Hire Items must not be:

• Sub-hired, lent, pledged, leased, mortgaged, sold, licensed, or otherwise encumbered;

• Assigned to, or left in the possession, custody, or control of any third party without the knowledge of us;

• Relocated to a site or venue not previously disclosed and agreed in writing; or

• Used for any unlawful purpose, or in any way that would reasonably be considered improper or inconsistent with their intended use.

9.2 Right of Entry and Repossession

The Noire Collective, its employees, contractors, and agents an irrevocable licence to enter any premises, venue, or location where the Hire Items are located (with prior notice) for the purpose of inspecting, maintaining, or repossessing the Hire Items. This right applies whether the premises are owned by the Hirer or by a third party (such as a venue), and the Hirer warrants that it has obtained all necessary permissions from the venue owner or occupier to allow such access.

The Noire Collective may exercise its right of repossession immediately if:

• The Hirer fails to pay any amount due under these Terms by the required date;

• The Hirer is in material breach of these Terms, including unauthorised sub-hire, misuse, or unsafe use of the Hire Items;

• The Hirer has become insolvent, bankrupt, or has entered external administration; or

• The Noire Collective reasonably believes the Hire Items are at risk of loss, damage, or misuse.

The Hirer is liable for all costs, losses, and expenses incurred by The Noire Collective in exercising its right of repossession, including labour, transport, and legal costs. Any such costs may be deducted from the Security Bond, and if the Bond is insufficient, the Hirer must pay the balance within 14 Business Days of invoice.

The Noire Collective accepts no liability for any loss, damage, or inconvenience suffered by the Hirer, guests, or third parties as a result of repossession of the Hire Items in accordance with this clause.

10.    Care of Hire Items

Items are provided clean, well-presented and in safe working condition. On delivery/collection, you must inspect immediately and notify us of any defects, damage or missing components within 2 hours. If no notification is received, items are deemed satisfactory.

Items must be returned in the original crates, boxes, or packaging. Missing crates, boxes or packaging will be charged at replacement cost. 

We reserve the right to repair/replace faulty items as soon as reasonably practicable during the hire period. Do not attempt repairs without our written consent. If an item reported as faulty is later found to be in proper working order, an additional fee may apply. This fee will be calculated based on the time of day and will be payable upon receipt of the invoice.

Use items only for their intended purpose; do not alter, paint, drill, or glue without our written consent. Keep items clean, dry and protected from elements (dirt, mud, rain, wind, extreme temperatures). 

Hired items must not be placed or used outdoors if the ground is wet, muddy, or otherwise unsuitable. In such cases, an alternative clean and dry location must be provided. If suitable cover is not available, including a marquee, shed, or other undercover structure in close proximity to uncovered items, the Hirer will forfeit the use of the affected items without refund.

In the event of rain or adverse weather, all hire items must be immediately moved to a sheltered location to prevent damage. We reserve the right to refuse delivery or installation if we believe the conditions are unsafe or would place our items at risk of damage.

Category-specific requirements:

• Vintage Lounges, Armchairs & Seating: 

Decorative and seating use only. Transport in covered van/truck/trailer; open transport permitted only if fully covered and weather/dust-protected. No food, beverages, smoking, vaping, candles, sparklers, animals (except registered assistance animals notified at booking) or craft materials (e.g., glitter) within 5 metres. Rips, tears, scuffs, stains, burns, dampness or odours may require reupholstery or replacement at your cost.

• Linen, Drapes, Cushions, Rugs, Mats & Throws: 

Keep away from wet/dirty surfaces. Damage such as mildew, tears, burns, wax, sparkler burns, cigarette marks or ink stains incurs cleaning or replacement costs.

• Lighting: 

Where installation requires a licensed electrician, use our preferred contractor or provide qualified electrician details in advance. Lighting installed by our preferred contractor must not be moved , tampered with, or reconnected once installed. A suitable and dedicated power source must be provided at the installation site.

• Arbours & Props: 

Must be weighted/secured once assembled. Do not use it in unsafe weather or locations that risk damage/injury. High winds or unsafe conditions may result in refusal of installation.

• Tables & Plinths: 

No naked flames, wax candles, or hot items may be placed directly on tables without protective holders. Tables must be returned free of stains, dents, or marks

• Games & Small Props:

Items must be returned in the original crates, boxes, or packaging. All components must be accounted for. Missing or damaged parts will be charged at replacement cost. 

• Fires & Heating: 

Due to the risk of ash, embers, heat, and smoke causing damage, the following restrictions apply at all times: fire pits and braziers must not be operated within six (6) metres of any hired items; bonfires must not be lit within twenty (20) metres; and gas heaters must not be placed near vintage lounges, armchairs, chairs, or other soft furnishings. Sparklers are strictly prohibited around all soft hire items. Any candles used must be enclosed in secure holders or lanterns and positioned away from soft furnishings. Smoking, including vaping, is not permitted in the vicinity of soft hire items.

Items returned with a strong smell of smoke will incur an additional cleaning fee to cover the extra cleaning required to restore them to their original condition.

• LED Candles, Candle Holders & Lanterns:

All LED candles supplied by us must be switched off at the conclusion of the event.

We do not supply real candles. 

If the Hirer uses real candles in our candle holders or lanterns, these must be returned completely free of wax and residue. Where wax removal is required, a de-waxing fee will be applied. All other hire items must also be returned free from wax.

10.1 Cleaning Requirements

All hire items must be returned in the same clean condition in which they were supplied. Items such as glassware and candle holders must be hand-washed in warm water and dried completely before being repacked. No hired items are to be cleaned in dishwashers or washing machines unless we have expressly approved this in writing.

If items are returned unclean, wet, or with residue such as candle wax, a cleaning fee will be applied. Cleaning fees are charged per item and will be deducted from the bond. If the cleaning costs exceed the bond amount, you will be invoiced for the balance.

11.    Loss, Damage and Theft

From the moment the items are delivered or collected, you are responsible for them until they are returned or collected by us. You will be charged the full replacement cost for any items lost, stolen, or damaged beyond repair during the hire period.

Damage caused will result in charges for repair or replacement. Where replacement is necessary, the cost will be based on the current market price of the item.

If loss or damage occurs, you must notify us immediately. In the case of theft, you must provide a police report number. Items must not be repaired, altered, or replaced by you without our written consent.

12.    Delivery, Collection and Access

Delivery and collection services are available at an additional cost. If delivery and collection is requested it will be included in your quote. Charges are based on location, travel time, fuel, and staffing requirements. Additional surcharges apply for public holiday work, after-hours services, difficult site access, stairs, lifts, or long distances from the delivery vehicle to the event site.

You are responsible for ensuring that there is safe, unobstructed access for delivery and collection. The delivery vehicle must be able to park as close as possible to the set-up location. If access is not as described at the time of booking, additional labour fees will apply per hour, per staff member/contractor, charged in half-hour increments.

The Hirer must ensure that all hired items are ready and correctly packed for collection at the agreed time and location and must take all reasonable steps to prevent delays exceeding thirty (30) minutes beyond the scheduled delivery, collection, set-up, or pack-down time. Failure to comply with these requirements may result in additional labour or delay fees, which will be charged at a rate determined by The Noire Collective.

12.1 Proof of Delivery

The Hirer, or a duly authorised representative signing on their behalf, must be present at the time of delivery to provide identification and to accept the hired items. Acceptance will be confirmed by signature, which acknowledges that the items have been delivered in good condition and as per the booking agreement.

If the Hirer chooses to have items delivered without being present, they accept full responsibility for any loss or damage that may occur after delivery. In such cases, The Noire Collective will photograph the delivered items to record their condition at the time of delivery. These photographs will be made available to the Hirer upon request. The Noire Collective reserves the right to refuse delivery if no responsible person is available to accept the items.

If you are not present at the venue during delivery or collection, you must provide clear written instructions for where and how the items should be placed or packed. If no responsible person is available to receive delivery, we may refuse to leave items and additional delivery fees will apply.

12.2 Set-Up and Pack-Down Services (Additional Fees Apply)

Set-up and pack-down services are available at an additional fee, which will be included in your quote. Charges are based on the type and quantity of items, staffing requirements, venue access, and the time allocated for completion. Additional surcharges apply for public holiday work, after-hours services, difficult site access, stairs, lifts, or long distances from the delivery vehicle to the event site.

You are responsible for ensuring that the designated set-up and pack-down areas are safe, clear, and unobstructed at the scheduled time. The set-up space must be free from furniture, décor, or obstructions that could delay installation. At pack-down, all third-party décor (such as florals, signage, or personal items) must be removed so that our items can be dismantled and collected without delay.

If access, conditions, or venue restrictions differ from what was disclosed at the time of booking, or if delays occur beyond thirty (30) minutes from the scheduled set-up or pack-down time, additional labour or waiting-time fees will apply per hour, per staff member/contractor, charged in half-hour increments, at a rate determined by The Noire Collective.

All reasonable care will be taken during delivery, set-up, and pack-down; however, The Noire Collective accepts no liability for damage to the venue, its contents, or any personal property. While every effort will be made to complete set-up at the agreed time, The Noire Collective will not be held responsible for delays caused by circumstances beyond its reasonable control, including but not limited to adverse weather, traffic disruptions, accidents, or access restrictions.

12.3 Venue Rules, Permits and Third-Party Suppliers

You are responsible for venue rules, permits, approvals and restrictions (including rigging, electrical and mounting limitations). Where electrical work is required, it must be done by a qualified electrician, with certifications obtained. We may refuse installation if unsafe or non-compliant. We are not liable for acts/omissions of third-party suppliers engaged by you.

13.    Liability and Insurance

During the hire period, you are responsible for the security, safe use and condition of all items. We accept no liability for injury, loss or damage to persons or property arising from use or misuse of items. We are not liable for indirect or consequential loss, including loss of business, revenue, goodwill or profit, or costs due to event disruption/cancellation. You are strongly encouraged to obtain event insurance for accidental damage, theft, weather-related loss or cancellation.

14.    Force Majeure

We are not liable for failure or delay caused by events beyond our reasonable control (including natural disasters, extreme weather, fire, flood, acts of God, strikes, transport disruptions, pandemics, venue closures, government restrictions). 

If such an event prevents us from fulfilling your booking, we will work in good faith to reschedule within 12 months of the original date. Payments transfer to the rescheduled booking less reasonable costs already incurred.  No refunds will be provided for cancellations due to Force Majeure events.

15    Photography and Marketing

Unless otherwise advised in writing prior to the event, the Hirer grants The Noire Collective permission to photograph or film the event for promotional purposes, including but not limited to use on social media, our website, and other advertising platforms. The Hirer consents to the publication of identifiable details, defined as any photograph or video in which a person’s face is clearly visible and could reasonably be recognised by someone who knows them.

The Noire Collective will only publish images or videos that have been taken by us during set-up or supplied by the Hirer, their photographer, videographer, content creator, or other event vendors. We will not publish personal information such as full names or addresses of the Hirer; first names only may be used.

Where the Hirer is a business hiring our items, The Noire Collective requests that we be credited in any social media posts, editorials, promotional material, magazine content, or photographic images in which our items are featured.

16.    Intellectual Property

All designs, concepts, styling plans, written materials and images created or supplied by us remain our intellectual property. They may not be reproduced, distributed or used for any purpose without our prior written consent.

17.    Indemnity and Recovery of Costs

The Hirer agrees to indemnify The Noire Collective for any expenses incurred or losses suffered as a result of the Hirer’s breach of these Terms and Conditions. This includes, but is not limited to, legal costs on a solicitor–client basis, and any costs or expenses incurred by The Noire Collective, its legal advisers, mediation proceedings, mercantile agents, or other representatives in connection with any action, proceeding, or enforcement process undertaken or contemplated against the Hirer, whether relating to debt recovery, possession of hired items, or any other matter arising from the hire agreement.

18.    Dispute Resolution

18.1 Good Faith Negotiation

If a dispute arises, the parties will first attempt in good faith to resolve it by direct negotiation. Each party must provide written notice outlining the dispute, and senior representatives must meet (in person, by phone or virtually) within 14 Business Days to attempt resolution.

18.2 Mediation

If unresolved within 30 Business Days of the initial notice, either party may refer the dispute to mediation under the Resolution Institute Mediation Rules. The mediator will be appointed by agreement, or failing agreement, by the President of the Resolution Institute. Each party bears its own costs; the mediator’s fees and venue costs are shared equally, unless otherwise agreed in writing.

18.3 Legal Proceedings

If still unresolved 30 Business Days after referral to mediation, either party may commence proceedings in the ACT courts. Nothing prevents either party seeking urgent injunctive or equitable relief.

19.    Non-Disparagement

You agree not to make, publish or communicate any statement (publicly or privately) that is defamatory, disparaging or damaging to the reputation, image or goodwill of The Noire Collective, its employees, contractors or affiliates. 

This does not restrict:

• Providing honest feedback directly to us in good faith;

• Making a disclosure required by law; or 

• Making a protected disclosure to a regulator or authority.

20.    Governing Law

These Terms are governed by the laws of the Australian Capital Territory. Any disputes are subject to the exclusive jurisdiction of ACT courts.

21.    Amendments to These Terms

The Noire Collective reserves the right to update these Terms at any time. The current version will always be available upon request. Clients with existing bookings will be notified of any material changes that affect their agreement.

Acknowledgement

By signing this agreement, you acknowledge that you have read, understood and agree to be bound by these Terms and Conditions.