QLD Paying a lawyer vs using a template contract for equipment rental side hustle

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14 November 2019
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Sorry if this is in the wrong place, I wasn't sure which category it would fall under.

I'm a corporate film maker in Brisbane and have accrued a bit of gear over the years. I thought it might be an idea to build a website and dry-hire out my gear when I'm not using it. I have a $10,000 camera, and some much cheaper cameras, plus a few microphones and other bits and pieces.

I have insurance which covers dry-hire of equipment up to 20k per year, with an excess of $1000 (most of the gear I would hire out wouldn't be worth that anyway).

My question is, in order to ensure that the hirer is liable for lost or damaged equipment, should I hire a lawyer to write up a contract? Or, because this is probably such a common business model, would I be better off saving a couple grand and finding a template online? Obviously I would put in place a bond of some kind as well.

Thanks
 

Rob Legat - SBPL

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Not to be flippant, but it's kind of a weird question to ask in a law forum as to whether you should use the services of a lawyer or not. To give it an analogy that may resonate with you:

"Should I hire a professional film maker, or should I just go out and get a video camera and shoot it myself?"
 
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Scruff

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@Rob Legat - SBPL - I'm sure it wasn't your intention, but that one made me spill my coffee!

For the OP, in my opinion, no harm in doing it yourself if you know someone who can give it a once over when you're done. After all - whether or not you engage a lawyer isn't going have any bearing on whether or not someone steals or breaks something. If you've built up good relationships with your clients over the years, then you might already know someone who's willing to look it over for mates rates, a few beers, or maybe even for free. Depends on who's backs you've been scratching.

But you should keep some other things in mind too. Your cameras, microphones, etc are your work tools - same as a hammer and saw are a carpenter's work tools. Like a tradie, you're relying on these tools to make a living, so if anything happens to them, you could find yourself unable to take on new work or even start a job that you already have booked. Even if the problem is short term, it could still cause some financial stress, but more importantly, it could hurt your reputation big time.

I recommend that you wait until you can purchase some equipment specifically for hiring out rather than hiring out your own work tools. I know from years of P.A. work with live bands that there's two golden rules when it comes to equipment hire:
1. Don't ever expect people to treat your gear with the same respect that you do. Things will get broken and go missing.
2. Don't ever expect people to return gear on time. While most do, you will always come across those who don't - and that's not a possiblility, it's a certainty.

That $10,000 camera, along with anything else you regularly use, are your own work tools. Hiring them out is a risk whether you have insurance or not and I strongly advise to never do it.

One question though - should we be concerned that you're referring to this side project as a "hustle"? :D
 
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