EQUIPMENT RENTAL AGREEMENT

1. PARTIES AND DEFINITIONS

(a) "The Company" means Liam Richard Cowles (ABN 62 572 690 267) trading as Caria Studio.

(b) "The Customer” means the person, firm, or corporation hiring the Equipment.

(d) "Hire Period" means the duration from the time the Equipment leaves the Company’s premises until its return and acceptance by the Company.

2. COMPLIANCE WITH AUSTRALIAN CONSUMER LAW

(a) These terms are designed to comply with the Australian Consumer Law (ACL). Nothing in this agreement excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred by the ACL which cannot be excluded.

(b) To the extent required under the Australian Consumer Law, these terms are intended to be fair and reasonable.

3. PAYMENT, SECURITY, AND PRIVACY

(a) Payment Timing: Full payment of hiring fees and deposits is required prior to the release of Equipment unless otherwise expressly agreed in writing.

(b) GST: All hire fees are quoted without GST, as the Company is not currently registered for GST.

(c) Identity: The Company requires the Customer to provide 100 points of valid identification. Personal information collected will be handled in accordance with the Company’s privacy obligations and will be securely destroyed or de-identified once the Hire Period and all associated billing are concluded.

(d) Debt Recovery: The Customer is liable for all reasonable debt collection costs and legal fees for B2B transactions. For B2C transactions, collection costs are limited to the extent permitted by Victorian law.

(e) Credit Card Authority: The Customer authorises the Company to charge any outstanding fees to the provided payment method. For charges related to damage or loss, the Company will provide the Customer with an itemised assessment and a 48-hour notice window before processing the charge.

4. COLLECTION, RETURN, AND ENFORCEMENT

(a) Rental charges commence when the Equipment leaves the Company’s premises.

(b) Return Time: All Equipment must be returned by 10:00 AM on the agreed return date.

(c) Late Fees: Returns between 10:00 AM and 1:00 PM incur a fee of $50 plus 10% of the daily hire rate. Returns after 1:00 PM incur a full additional day’s hire fee. These fees are agreed to be liquidated damages representing a genuine pre-estimate of the Company’s administrative and opportunity costs.

(d) Failure to Return: Should the Customer not return Equipment within 24 hours of the agreed time, the Company will make reasonable attempts to contact the Customer. If unsuccessful, the matter may be reported to the Police as suspected stolen property.

(e) Loss of Income: The Customer agrees to compensate the Company for loss of rental income at the standard daily rate while the Equipment is unavailable due to damage, loss, or late return.

5. USE OF EQUIPMENT

(a) The Customer agrees to use the Equipment safely, for its intended purpose, and in accordance with all applicable laws and manufacturer manuals.

(b) The Customer must not sub-hire, lend, or allow use of the Equipment by any third party without prior written consent.

6. RISK, DAMAGE, AND THE DAMAGE WAIVER

(a) Full Liability: The Equipment is at the Customer’s risk from collection until return. The Customer is liable for the full cost of repair or replacement of any Equipment lost, stolen, or damaged beyond fair wear and tear.

(b) Damage Waiver: If selected and paid for, the Company agrees to limit the Customer’s liability for accidental damage to a maximum of $3,000 per claim.

(d) Loss of Income Inclusion: The total combined amount payable under the Damage Waiver (capped at $3,000) includes repair/replacement costs and loss of income during the repair period.

(e) Waiver Voided: The Damage Waiver is void if damage is caused by negligence, exposure to water/sand, unauthorised sub-hire, or use in aircraft/drones without consent.

7. RETURN CONDITION

(a) The Equipment must be returned in the same condition as supplied, fair wear and tear excepted.

(b) The Customer is responsible for any additional cleaning or repair costs required to restore the Equipment to its original condition.

8. EQUIPMENT CONDITION AND DATA

(a) The Customer must inspect the Equipment upon collection. Any defects must be noted on a signed Condition Report, which serves as conclusive evidence of the state of the gear.

(b) Personal Data: The Customer is solely responsible for removing all footage, media, and personal data from the Equipment prior to return. The Company accepts no responsibility for any loss, deletion, or corruption of data after the Equipment has been returned.

9. PERSONAL PROPERTY SECURITIES ACT (PPSA)

(a) The Customer acknowledges that this Agreement constitutes a "security agreement" and is intended to create a "security interest" in the Equipment in favour of the Company under the PPSA.

(b) The Customer consents to the Company registering its security interest on the Personal Property Securities Register (PPSR) and will provide all assistance reasonably required for such registration.

10. TERMINATION

(a) The Company may terminate this Agreement immediately and repossess the Equipment if the Customer: (i) fails to pay any amount when due; (ii) breaches any material term of this Agreement; (iii) moves the Equipment outside of Victoria without consent; or (iv) becomes insolvent or bankrupt.

11. FORCE MAJEURE

(a) Neither party will be liable for any failure or delay in performing its obligations (other than an obligation to pay money) if such failure is caused by an event beyond their reasonable control, including but not limited to natural disasters, pandemics, or government-mandated lockdowns.

12. GOVERNING LAW

This agreement is governed by the laws of Victoria, Australia. Disputes shall be subject to the exclusive jurisdiction of the courts of Victoria and the Victorian Civil and Administrative Tribunal (VCAT).

By signing below, I confirm that I have read and understood the Equipment Rental Agreement and accept the terms and conditions laid out above.

Full Name: _________________________

Signature: _________________________

Date: _____ / _____ / _____