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Terms & Conditions

These Terms and conditions apply to all services supplied by Mask Events, including event management, event styling/design, and hire of equipment/items.


1.    Definitions
1.1.    “Client / you” means the person or entity engaging Mask Events.
1.2.    “Mask Events / we / us” means [Leiander Pty Ltd. ABN 20 169 693 716].
1.3.    “Agreement” means (in this order): 
a)    any signed Event Management Agreement (EMA)
b)    the Proposal/Quote or Statement of Work (SOW) accepted by you
c)    any schedules/appendices (including Hire Schedule and Equipment Instructions)
d)    these Terms
If there is a conflict, the higher-ranked document prevails.
1.4.    “Event” means the event(s) described in the Proposal/SOW.
1.5.    “Services” means the services described in the Proposal/SOW.
1.6.    “Hire Items” means any items/equipment supplied by us on a hire/loan basis (including styling items, structures, plant/equipment where applicable).
1.7.    “Equipment Instructions” means the written or recorded instructions we provide for safe and correct use of Hire Items (including labels, checklists, user guides, safety procedures, and manufacturer instructions).
1.8.    Non-recoverable costs: third-party supplier deposits, permits, rush fees, committed labor, custom builds, and other costs we can’t reasonably unwind once incurred.

2.    Contract formation and acceptance
2.1.    You enter into a  Agreement with Mask Events when you do any of the following:
a)    sign an EMA or Proposal/SOW;
b)    click “accept” or tick acceptance on an electronic proposal system;
c)    email written acceptance of a Proposal/SOW; or
d)    pay a deposit or any invoice amount referencing the Proposal/SOW.

3.    Hire/loan of Hire Items
3.1.    For hire/loan of Hire Items, you must accept the Hire Schedule and Equipment Instructions via signature or click acceptance (an “e-signed hire agreement”).  
3.2.    Payment or written confirmation such as an email, will also be treated as confirmation if we require signed acceptance for insurance, safety, or operational reasons.
3.3.    Electronic acceptance: You consent to contracting and exchanging notices electronically unless you withdraw consent in writing.


Hire Items and equipment use instructions
3.4.    Hire acceptance and instructions acknowledgment (critical)
3.5.    By signing or electronically accepting a Quote/Proposal/Hire Schedule that includes Hire Items, you confirm that:
3.6.    you accept these Terms and the Equipment Instructions.
3.7.    we have provided you with Equipment Instructions and/or manufacturer user guides for safe use; and
3.8.    You will ensure all users/operators follow those instructions and any safety procedures we provide.

 

Intended use and competence
3.9.    You must use Hire Items only for their intended purpose, within stated limits (e.g., weight/loading), and only by competent persons. You must not modify, repair, or tamper with Hire Items without our written approval.


Risk, loss, and damage
3.10.    Unless stated otherwise, risk transfers to you from the time the Hire Items are delivered/installed (or collected by you) until returned/collected and checked by us.
3.11.    You are responsible for loss, theft, damage, and excessive cleaning during that period, except to the extent caused by our negligence.


Weather and site conditions
3.12.    Where Hire Items are weather or surface sensitive, you must provide a suitable wet-weather/contingency plan and safe, level installation conditions. If conditions are unsafe, we may refuse or delay installation.


Charges
3.13.    We may charge reasonable repair, cleaning, or replacement costs supported by evidence (supplier invoice/repair quote) for loss or damage attributable to the period of hire. 
3.14.    Late fees/penalties? 
3.15.    Add in – What if equipment is hired as part of an event where Mask staff are onsite the whole time?  Potentially this is not classed as Hired Equipment and Mask Events would take the risk for damaged / repairs?  


4.    Services and scope boundaries
4.1.    We will provide the Services described in the Proposal/SOW using due care and skill.
4.2.    Unless expressly included, the following are excluded: venue hire costs; third-party supplier costs; permits and licenses; security; medical; traffic control; marshals; and any items described as “client to supply.”
4.3.    We do not guarantee outcomes that depend on factors outside our reasonable control (including venue restrictions, supplier performance, guest behavior, weather, and government directions). This does not limit any rights you may have under the Australian Consumer Law that cannot lawfully be excluded.

Client responsibilities
4.4.    You must provide accurate event details, respond to requests for information and approvals by agreed deadlines, and ensure appropriate access to venues/sites.
4.5.    You warrant you have authority to provide to us any materials/assets you give us (including branding, images, music, guest information), and that using them as instructed will not infringe third-party rights.
4.6.    You are responsible for venue compliance, permits, and any venue-required insurances unless we expressly agree in writing to manage these.

Variations and change control
4.7.    Any change to scope, timing, deliverables, or supplier requirements must be requested in writing.
4.8.    We will advise impacts (cost, timing, feasibility, and risk) and work on a variation will only commence when you approve the variation in writing (including email).
4.9.    If urgent changes are required to address safety, legality, or critical delivery risks, we may act reasonably to protect people and property and will inform you as soon as practicable.

5.    Fees, GST, invoicing, and payment
5.1.    “Fees” are as stated in the Proposal/SOW and are in AUD unless stated otherwise. GST is included or added as specified in the Proposal/SOW.
5.2.    “Deposit”: a nonrefundable [CM4.1]is payable to secure the booking and commence work.
5.3.    Payment milestones: will apply if specified in the Proposal/SOW —e.g., deposit, progress payment, final payment by (specified number) days pre or post-event.
5.4.    We may pause Services for overdue invoices after giving reasonable notice, where doing so is safe and practical.
5.5.    Card surcharges: If we charge a card surcharge, it will not exceed our cost of acceptance and will be disclosed before payment.
5.6.    If you request a tax invoice, we will provide it in accordance with ATO requirements.

6.    Cancellations, postponements, and rescheduling
Cancellation by you must be in writing.  If you cancel, you must pay 
6.1.    Non-refundable deposit of 25 %
6.2.    non-recoverable costs already incurred, plus 
6.3.    a reasonable charge for work completed and capacity reserved, less amounts we can reasonably mitigate.
6.4.    Standard cancellation schedule (unless a Proposal/EMA states a different schedule):
6.5.    More than 90 days: deposit retained to extent of non-recoverables and reasonable administration costs.
6.6.    30–90 days: 80% of total fees.
6.7.    14–30 days: 90% of total fees.
6.8.    Less than 14 days: up to 100% of total fees where loss cannot reasonably be mitigated
6.9.    Postponement: We will try to accommodate date changes subject to availability and supplier constraints. Non-recoverable costs remain payable. Additional fees may apply where re-planning is required or supplier pricing changes.
6.10.    Cancellation by us: We may cancel if you materially breach the Agreement (including persistent non-payment), if performance becomes illegal/unsafe, or under Force Majeure. Where we cancel for reasons within our reasonable control and not due to your breach, we will refund fees paid for undelivered Services, minus non-recoverable costs already incurred. 


Force majeure and uncontrollable events
6.11.    Force majeure means events beyond reasonable control (e.g., natural disasters, extreme weather, venue closure, government restrictions, strikes, critical supply chain interruptions)
6.12.    If force majeure occurs, both parties will act in good faith to mitigate impacts, including reasonable rescheduling or scope adjustments.
6.13.     Non-recoverable costs remain payable. If the event cannot proceed within a reasonable period, either party may terminate the affected part of the Agreement by notice.


7.    Third-party suppliers and subcontractors
7.1.    We may engage subcontractors to deliver parts of the Services.
7.2.    Depending on the Proposal/SOW, third parties may be engaged:
7.3.    directly by you -  you contract directly with the supplier and pay them directly (we may coordinate/communicate with the supplier), or;
7.4.    by us as your agent - we introduce a supplier on your behalf (your contract is with the supplier); or
7.5.    by us as principal (on-charged to you) - we contract with the supplier in our name and on-charge the cost plus fee to you.
7.6.    The supplier engagement model must be stated in the Proposal/SOW.
7.7.    Where third parties are engaged to provide goods/services for your Event, you acknowledge delays and failures can occur outside our control. We will coordinate and manage within the scope we agreed, but we are not responsible for a supplier’s breach unless we expressly accept responsibility in writing.
7.8.    Supplier insurance: Where required by law, venue rules, or our insurer conditions, you agree we may require evidence that suppliers/subcontractors hold appropriate insurance (e.g., certificates of currency) and may decline unsafe/uninsured suppliers.
7.9.    Work health and safety (WHS)
11Both parties will cooperate, coordinate, and consult on WHS matters where duties overlap (including with venues and suppliers).
11.2 You must provide safe access, disclose known hazards, and comply with reasonable site rules, inductions, and SWMS/risk assessment requirements where applicable.
7.10.    Stop-work right: If we reasonably believe conditions are unsafe, we may pause or stop work until risks are controlled. If this causes delay, we are not liable for resulting schedule impacts, and reasonable additional costs may apply where delays are outside of our control.

Insurance overview and key exclusions

We maintain business insurance relevant to our Services. As at the effective date, our coverage limits include:
Public Liability: $20,000,000 any one occurrence.
Products Liability: $20,000,000 any one period of insurance.
Professional Indemnity: $1,000,000 any one period of insurance.
Management Liability: $1,000,000 any one period.
Property in our care/custody/control: $250,000 aggregate.
We can provide certificates of currency on request.


Territory
Our insurance and Services are intended for Events within Australia unless agreed otherwise in writing.


PFAS exclusion and representations
Our policy contains exclusions relating to PFAS (per- and polyfluoroalkyl substances). To the maximum extent permitted by law, we do not make warranties or representations regarding PFAS-free status of materials, products, or environments, and we may rely on supplier specifications where relevant.


Client insurances
You are responsible for considering and obtaining any insurance appropriate for your Event, including event cancellation/postponement insurance, your own public liability coverage where required by venue, and cover for client-owned property brought to the Event. We may request copies of your insurance on file for the duration of the event.


Intellectual property and portfolio use
We retain ownership of our planning documents, methodologies, templates, and pre-existing materials.
You receive a license to use deliverables created for your Event for their intended purpose.
Portfolio: Unless the Proposal/EMA states otherwise, you grant us permission to use non-confidential images of styling/event outcomes for our portfolio and marketing. If you require privacy (e.g., confidential corporate events), you must notify us in writing and we will comply.


Privacy and personal information
If you provide guest lists or guest information, you warrant you have authority to share it for Event delivery purposes.
We will use personal information for delivering Services and coordinating suppliers, and handle it in accordance with our Privacy Notice (published on our website) and applicable law.
Marketing messages will include an unsubscribe mechanism and opt-outs will be honored.


Liability limits and Australian Consumer Law
Nothing in this Agreement excludes, restricts, or modifies any rights or remedies you may have under the Australian Consumer Law that cannot lawfully be excluded.
Subject to clause 15.1, and to the extent permitted by law:
(a) we are not liable for indirect or consequential loss (including lost profits, loss of opportunity, reputational loss); and
(b) our total aggregate liability for direct loss arising from the Services is capped at the fees paid to us for the Services giving rise to the claim, unless the Proposal/EMA states a different cap.


Disputes
If a dispute arises, the parties will first attempt good-faith negotiation. If unresolved within 14 days, the parties will attempt mediation before commencing court proceedings, except for urgent injunctive relief or debt recovery.


Governing law
This Agreement is governed by the laws of Queensland, Australia (assumption—confirm). The parties submit to the non-exclusive jurisdiction of Queensland courts and tribunals.


Updates to these Terms
For an accepted booking, the version of the Terms and Conditions in force at the time of acceptance applies unless both parties agree otherwise in writing.

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