Rental Terms and Conditions

THIRD KAGURA acknowledges the Traditional Owners of Country across Australia, and pays our respects to Elders past, present, and emerging.

These Terms and Conditions govern the short-term rental of equipment by THIRD KAGURA Pty Ltd ("THIRD KAGURA", "we", "us", "our") through djaudio.au. They are read together with our Cancellation Policy and Privacy Policy.

01Scope of Equipment Rental

THIRD KAGURA provides short-term rental of DJ, audio, lighting, and related event equipment ("Equipment") to clients ("Client", "you"). Equipment rental services may be provided independently or in conjunction with booking, agency, or event services, unless otherwise agreed in writing.

02Booking and Provisional Holds

Equipment availability may be provisionally held upon request. A booking is not confirmed until payment (including any required deposit or bond) is received and confirmed by THIRD KAGURA. We reserve the right to release provisional holds if payment is not completed within the specified timeframe.

03Payment Terms

The booking flow is: quote → payment (rental fee in full, which confirms the booking) → service. All rental fees must be paid in full at the time of booking unless otherwise agreed in writing. Accepted payment methods include bank transfer and credit card. Processing fees may apply depending on the payment method. Failure to complete payment may result in cancellation of the booking.

04Cancellation (Summary)

(1) Client Cancellations

The deposit means the advance portion of the rental fee — not the security bond (§5). Three tiers apply, based on how many days before the rental start date we receive your written cancellation:

These amounts reflect THIRD KAGURA's legitimate interest in recovering losses where equipment cannot reasonably be re-let at short notice, and are a genuine pre-estimate of that loss rather than a penalty. Full detail — including force majeure and rescheduling — is set out in our Cancellation Policy. Where equipment or service is non-standard or carries non-recoverable third-party costs, different conditions may apply and will be confirmed in writing before contract finalisation.

(2) Force Majeure

In cases of force majeure — including but not limited to severe weather, accidents, illness, or events beyond reasonable control — THIRD KAGURA may offer rescheduling at its discretion. See the Cancellation Policy for the client-side and provider-side detail, including your Australian Consumer Law rights where we are unable to deliver.

05Security Bond

A security bond of AUD 200 per booking is required prior to equipment release (a higher bond may apply for high-value equipment and, if so, will be advised in writing before payment). The bond may be held as a pre-authorisation or charged amount and is intended to cover loss, damage, late return, or improper use of the Equipment.

The bond is independent of the cancellation fees in §4. If you cancel before the equipment is released, the bond is refunded in full. Otherwise the bond is released after the Equipment is returned on time and in acceptable condition, subject to bank processing times.

06Use, Care, and Responsibility

The Client is responsible for the Equipment from the time of delivery or pickup until it is returned to and accepted by THIRD KAGURA. The Client must ensure:

• Proper handling and operation of the Equipment;
• A safe, dry, and suitable environment; and
• Adequate power supply and setup conditions.

Outdoor use

Equipment must remain in a weatherproof area away from dust, mud, mildew, rain, dampness, wind or snow. Outdoor use is at the Client's risk and may require additional protective gear (covers, generator, gazebo) at the Client's cost.

Venue access

Delivery is made to the ground floor, front door, or accessible loading area only. The Client is responsible for arranging access — stairs, lifts, narrow passages, security clearance, parking permits, or after-hours entry. THIRD KAGURA may decline delivery, or charge additional fees, if access has not been pre-arranged or is unsafe.

07Damage, Loss, and the Client's Responsibility

The Client is responsible for loss, theft, damage, or deterioration of the Equipment to the extent caused by the Client's act, omission, negligence, misuse, or breach of these Terms, or by anyone the Client permits to use or access the Equipment. This responsibility does not extend to fair wear and tear from normal use, latent defects existing before delivery, or failure caused by THIRD KAGURA.

Where the Client is responsible, reasonable repair or replacement costs (and reasonable diminution in value) will be charged to the Client; if such costs exceed the security bond, the remaining balance is payable by the Client. We will, on request, provide reasonable evidence of the loss and the cost claimed. Nothing in this clause requires the Client to pay for any loss to the extent it is caused by THIRD KAGURA or arises from a failure of a consumer guarantee under the Australian Consumer Law.

08Late Returns and Cleaning

Late returns are charged at the daily rental rate of the Equipment, or AUD 50 per day, whichever is greater, accruing until the Equipment is returned and accepted. Failure to return Equipment on time may result in capture of the security bond and additional charges. Equipment returned in unacceptable condition (excessive dirt, residue, missing accessories, water exposure) incurs a cleaning fee of AUD 200, deducted from the security bond. These charges represent a genuine pre-estimate of our reasonable costs and are not intended as a penalty.

09Right to Refuse or Terminate Rental

THIRD KAGURA may refuse delivery, suspend, or terminate the rental without refund if:

• Unsafe, illegal, or hazardous conditions are present;
• The Equipment is at risk of damage or misuse; or
• Aggressive, violent, or inappropriate behaviour occurs.

This right is exercised reasonably and does not affect remedies you cannot lose under the Australian Consumer Law.

10Limitation of Liability

To the maximum extent permitted by law — and subject always to the Australian Consumer Law guarantees that cannot be excluded — THIRD KAGURA is not liable for event outcomes or interruptions, indirect or consequential losses, or loss of profit, reputation, or opportunity. Where our liability cannot be excluded but can be limited, our liability is limited (at our option) to re-supplying the services or equipment, or paying the cost of having them re-supplied.

11Your Consumer Guarantees

Our services and equipment come with guarantees that cannot be excluded under the Australian Consumer Law. Among other things, services must be provided with due care and skill, be fit for any purpose you told us about, and be supplied within a reasonable time; and equipment must be of acceptable quality and fit for purpose. If we fail to meet a consumer guarantee, you may be entitled to a remedy — a repair, replacement, re-supply, or refund — and, in the case of a major failure, you may choose the remedy and may also be entitled to compensation for reasonably foreseeable loss. Nothing in these Terms limits these rights.

12Governing Law

These Terms are governed by the laws of New South Wales, Australia. The parties submit to the exclusive jurisdiction of the courts of New South Wales, subject always to your rights under the Australian Consumer Law.

Revision history
2026-06-03 — Published version. Reviewed against the Australian Consumer Law and Privacy Act 1988 (Cth) / APPs. §7 (Damage, Loss) limited to the Client's fault; §11 (Consumer Guarantees) added.