Any Invoice, Quote, Estimate or Hire Schedule forms part of the Hire Agreement and Terms and Conditions of Hire, whether signed by you or not (Agreement). You should read and consider these terms and conditions carefully prior to payment to the Company of any Hire Fee or Security Deposit.

1. Definitions
‘Agreement’ means the terms and conditions set out in this document together with any Invoice provided to You.
‘Company’ means Pop Celebrations & Events Pty Ltd (ACN 663 981 011).
‘Event’ means any event including but not limited to a wedding ceremony, civil ceremony, wedding reception, after party, engagement party, birthday party, baby show, picnic, get together or other celebrations.
‘Estimate’ means a Quote.
‘Event Date’ means the event date specified in the Invoice.
‘Force Majeure’ includes, without limitation, any pandemic, an Act of God, explosion, flood, tempest, gas leak, fire or accident, war or threat of war, sabotage, insurrection, civil disturbance or requisition, acts, restrictions, regulations, by-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority, strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of the Company, or of a third party), difficulties in obtaining labour, equipment, materials, failure or breakdown of equipment or any disruptions associated with the advent of any of the above;
‘Goods’ means any and all items of equipment described in the Invoice or provided to you whatsoever pursuant to the Agreement.
‘GST Law’ means A New Tax System (Goods and Services Tax) Act, 1999, A New Tax System (Goods and Services Tax Administration) Act, 1999, A New Tax System (Goods and Services Tax Transition) Act, 1999, Taxation Administration Act, 1953 and any regulation or delegated legislation made under any of those Acts, or any other Act imposing or relating to a GST and any regulation made under any such Act.
‘Hirer or You’ means the person, corporations, trust or partnership hiring equipment from the Company and whose name appears on the Estimate, Quote or Invoice.
‘Hire Fees’ means the hire fees for the Goods as set out in the Invoice accompanying this Agreement.
‘Hire Period’ means the period that starts on the Commencement Date and ends on the End Date.
‘Invoice’ means the invoice provided by the Company to the Hirer which sets out details of the Goods, Event Date, Hire Fees, Security Deposit and Minimum Hire Period as well as other material information in relation to the Event.
‘Laws’ means all statutes, ordinances, legislation or other law including all regulations and instruments under any such statute ordinance legislation or law and all consolidations, amendments, re-enactments or replacements of them.
‘Minimum Hire Period’ means the minimum period of hire specified in the Invoice.
‘Quote’ means an estimate of the Hire Fee and other associated fees in order to successfully provide the service.
‘Security Deposit’ means the amount specified in the Invoice.
‘Supply’ and ‘Supplied’ have the meanings given by the GST Law.
‘We’, ‘Us’, ‘Our’ and similar expressions, refer to the Company. 

2.  Hire Period and Key Hire Terms
2.1 The Hire Period of the Goods will commence on the earlier of:
(a) the date and time specified in the Invoice;
(b) the date and time on which the Hirer takes possession of the Goods from the Company; or
(c) delivery of the Goods to the address nominated in writing by the Hirer (“Commencement Date”).  
2.2. The Hire Period of the Goods will end on the later of:
(a) the last date of the Minimum Hire Period; 
(b) the date on which the Company collects the Goods from the Hirer; or
(c) the date on which the Company accepts return of the Goods from the Hirer (“End Date”). 
2.3. The Hire Period includes all weekends and public holidays.  If a fixed period has been agreed, the Hirer may only change the Hire Period with the Company’s prior written consent.
2.4. The terms of this Agreement shall be binding on the Hirer on the earlier of: confirmation of written acceptance; payment of any Hire Fee, Security Deposit or fee; or acceptance of delivery of the Goods. 
2.5. The Hire Period may be extended at the sole discretion of the Company for an additional cost.  The Hirer agrees that this additional cost to extend the Hire Period may without further notice be deducted from the Security Deposit or subsequent invoice which is due and payable immediately.  Any extension of time to the Hire Period is subject to the Company’s prior written agreement and subject to availability. 
2.6. Any parking or location access fees associated with hotels, venues, parking stations or street parking will be added to the Hire Fees and the Hirer agrees that this cost may be deducted from the Security Deposit or invoiced to the Hirer without further notice and the amount of the invoice will be immediately due and payable. Alternatively, if the fees referred to in this clause 2.6 are in excess of the Security Deposit, then the Company will provide the Hirer with an invoice and the amount of the invoice will be immediately due and payable. 

3. Title and Risk
3.1. At all times, the Hirer acknowledges and agrees that, the Company will remain the owner of the Goods and that the Hirer will hold the Goods as bailee during the Hire Period.  The Company will retain title to the Goods even if the Hirer goes into bankruptcy or liquidation during the Hire Period.
The Goods will be at the risk of the Hirer immediately from delivery or collection of the Goods and will remain at the Hirer’s risk until the Goods have been returned to the Company’s possession.  

4.1.  The Hirer may be provided with an Estimate or Quote for the hire and installation of the Goods which unless accepted and payment of the Hire Fees or Invoice are received as stipulated in clause 5.3 below then the Event Date is not guaranteed and secured. No booking dates or times will be reserved without payment of an Invoice and acceptance of the Estimate or Quote alone does not constitute as a confirmed booking.
4.2. Any Quote or Estimate whether written or verbal will have an expiry date. The expiry date will be indicated on the written Estimate, or if verbally given, will expire in 72 hours. 
4.3. The Company cannot guarantee any price or Hire Fee contemplated by any previously expired Estimate or Quote should the Hirer choose to move forward with their booking after an Estimate or Quote has expired.

5.1. The Hirer must pay the Hire Fees set out in the Invoice in accordance with the terms of this Agreement. 
5.2. In the event that any of the Goods specified in the Invoice are not required by the Hirer and are returned to the Company prior to the end of the Minimum Hire Period, the Hirer will not be entitled to a set-off or deduction of the Hire Fees. 
5.3. In order to secure the Hirer’s Event Date and create a booking, the Hirer must pay a down payment of 50% of the Hire Fee as indicated on the Invoice. If a Security Deposit is required, then that must be paid in addition to the 50% down payment at the time of booking in order to secure the Event Date. Payment may be made by bank transfer to the account specified in the Invoice or by credit card.  Any Invoices that are paid by credit card will incur a non-refundable card processing fee as specified on the Invoice.  Until such payment is made, the Company will not guarantee that the Goods will be available on the Hirer’s Event Date. Additional non-refundable card processing fees may be applicable for additional invoices or amendments to the Invoice.
5.4. If the Hirer subsequently amends their Invoice and the Hire Fee increases, then the Hirer must pay the difference as indicated on the Invoice to bring the Hire Fee down payment back to 50% which will be due and payable immediately. 
5.5. Unless otherwise agreed in writing or specified in the invoice, the Hirer is responsible for the deinstallation of the Goods from the Hirer’s Event.  In the event that the Hirer fails to deinstall the Goods from the Hirer’s event, then the Company will charge the Hirer a fee of at least $150 plus travel time which will either be: deducted from the Security Deposit; or separately invoiced to the Hirer and the amount will be immediately due and payable by the Hirer to the Company. The Company may, in its absolute discretion, charge the Hirer a higher fee to deinstall the Goods. 

6.1. The Hirer must pay the remaining 50% or the balance of the Invoice 30 days prior to the Commencement Date.  Failure to make payment may result in a cancellation of the booking and will be deemed a change of mind cancellation if no written communication is received.  Time if of the essence in respect to payment.
6.2. If the Hirer’s Event is within 30 days of the date of the Invoice, then the Hirer must pay the Invoice in full at time of booking to secure their date.  
6.3. The Hirer will immediately upon receipt of a written request or invoice pay to the Company: 
(a) all costs incurred by the Company arising from the Company having to incur additional cleaning and/ or repair costs to clean the Goods after being returned to the Company due to the Hirer’s incorrect use of the Goods or negligence causing damage; 
(b) all costs of repairing any damage caused to the Goods by any cause; 
(c) any costs, charge, damage or loss in any way arising from or resulting out of the hire or use of the Goods by the Hirer other than any loss, cost, damage or loss which is fully covered by any insurance effected by the Company in which case the Hirer will pay the whole of any excess or extra charge or additional premium payable; 
(d) all stamp duty, lease or hiring duty, GST and other taxes, charges or duties and all tolls, penalties, levies or charges payable in respect of this Agreement and the hiring and use of the Goods; 
(e) the cost of fuels and consumables provided by the Company or other persons for use with or as part of the Goods; and 
(f) any costs or expenses (including commission payable to a commercial agent and legal fees on a full indemnity basis) incurred as a result of the failure of the Hirer to pay any amount under this Agreement when it is due. 
6.4. In the event that the Hirer does not pay the Invoice in accordance with this Agreement, then the Company may, in its absolute discretion terminate this Agreement and, if applicable, take any such steps as it deems necessary to recover the Goods from the Hirer. 
6.5. In the event that the Hirer requires the Company to either deliver or collect the Goods which results in the Company incurring additional delivery costs that were not contemplated by the Invoice, then the Hirer will pay or reimburse the Company immediately upon being requested to do so in writing for all freight travel costs and other charges incurred by the Company as a result of the transportation, deliver and return of the Goods.

7.1. In addition to the Hire Fee, the Company at it’s sole discretion may charge a Security Deposit. The Security Deposit is separate to the Hire Fee and may be returned to the Hirer subject to clauses 7.2 and 18 below.
7.2. Without limiting any other rights or remedies of the Company, the Company is entitled to debit the Security Deposit for any outstanding Hire Fees (including without limitation costs and charges for recovery), parking fees, extensions to the Minimum Hire Period and/ or for cost of any damage to or loss of the Goods.  The Company will refund the balance of the Security Deposit (if any) which is conditional upon the Goods having been returned to the Company and provided that all outstanding Hire Fees and other charges payable under this Agreement have been paid in full by the Hirer. 

8. GST excluded
8.1. This clause will apply if the Company becomes liable to pay GST in relation to any Supply to the Hirer (“Taxable Supply”). 
8.2. All prices quoted by the Company to the Hirer do not include GST unless otherwise stated. 
8.3. If a Supply has been made to the Hirer and the Company is liable to pay GST in relation to that Supply, the Company will issue an invoice to the Hirer for the amount of GST referred to as the Taxable Supply whether the value of that Supply is calculated by reference to the prices for goods and services referred to in this Agreement or other consideration payable by the Hirer to the Company.  The amount of GST will be calculated by multiplying the value of the Taxable Supply by the rate of GST. 
8.4. In addition to the prices for goods and services otherwise payable by the Hirer, the Hirer must pay the amount of GST specified either in this Agreement or in the Invoice (without deduction or offset of any other amount) to the Company at the same time as the Hire Fees is payable.  GST will be payable by the Hirer to the Company as if it were the price for goods and services. 
8.5. If the Hirer defaults on any payment due under this clause 8, then without prejudice to any other remedies of the Company, the Hirer must pay to the Company upon demand an amount equal to the amount of any additional tax, interest or penalty that becomes chargeable to the Company as a consequence of the default. 
8.6. The Company is not obliged to pay any GST on or take any other steps to minimise the liability in respect of GST until the corresponding payment is received from the Hirer. 
8.7. If the Company determines on reasonable grounds the amount of GST paid or payable by it on any Taxable Supply under arrangement with the Hirer differs for any reason from the amount of GST specified in an invoice given by the Company to the Hirer under this clause, then the amount of GST paid or payable by the Hirer will be adjusted accordingly. 

9. Use of Goods by the Hirer

9.1. The Hirer acknowledges and agrees that:
(a) it will not, in any circumstances, permit the Goods to be used outside of New South Wales without the express written consent of the Company; 
(b) it warrants to the Company that prior to the Commencement Date, the Hirer has examined the Goods or has arranged for the Goods to be examined by a suitable qualified person and has satisfied itself with respect to the quality and fitness of the Goods for the purpose for which the Hirer intends to use the Goods; 
(c) as at the Commencement Date, that the Goods are free of all material defects and otherwise in a condition acceptable to the Hirer and appropriate for the Hirer’s proposed use;
(d) it warrants that when entering into this Agreement it has not relied upon any representation or warranty made by or on behalf of the Company in respect of the Goods;
(e) it will at all times operate the Goods safely and strictly in accordance with all relevant Laws and strictly in accordance with any manufacturer’s instructions (whether supplied by the Company or posted on or forming part of the Goods) and with any reasonable instruction given by the Company; 
(f) it will ensure that all persons transporting, erecting, operating, repairing or maintaining the Goods are suitably qualified for that task and are instructed in the Good’s safe and proper use and operation and, where applicable, hold a current certificate of competency or licence in respect of the relevant action;
(g) the Goods are supplied by the Company on the basis that the Hirer accepts sole responsibility and will fully comply with its obligations under all occupational health and safety Laws relating to the Goods, its transport, operation, repair and maintenance and the Hirer will during the Hire Period ensure that all actions of the Hirer and the Hirer’s employees, agents and contractors and the Hirer’s work environment strictly comply with all relevant occupational health and safety Laws and regulations and any other applicable laws;
(h) it will procure and maintain with a reputable Australian insurance company full insurance cover against any claim which any person (including, without limitation, any employee, contractor or agent of the Hirer) or any authority or other person may have against the Company or the Hirer arising out of the Hirer’s occupation of premises, any act or omission of the Hirer or any employee, contractor or agent of the Hirer relating to the Goods or any other matters of workers’ compensation, general work place liability and will take all necessary steps in order to fully indemnify the Company, the Company’s employees, contractors and agents against all such claims;
(i) it accepts all liability and risk in relation to the transportation, operation, use, repair and maintenance of the Goods and the Hirer Goods indemnifies the Company in relation to any loss, cost, damage or claim arising or incurred as a result of the Hirer’s use of the Equipment including, without limitation, any loss, cost, damage or claim arising directly or indirectly as a result of the use of the Goods or any breach of any occupational health and safety requirement or any breach of or non-compliance with any other legislative requirement or any requirement or statutory authority or body or breach of this Agreement by the Hirer. 

10. No warranty and delay in supply of Goods or non-supply

10.1. The Company will not be responsible and accepts no liability for the non-supply or delay in supply of Goods caused directly or indirectly by the Hirer’s instructions or lack thereof, or for any cause whatsoever beyond the Company’s reasonable control. 
10.2. No warranty is given by the Company that any Goods will be suitable for the Hirer’s purposes and the Company accepts no liability in this regard.  All warranties and conditions are to the full extent permitted by Law excluded and the Company’s only obligation and liability in the event of breach of this Agreement by the Company will be the repair of, or further supply of, the Goods. 

11. Delivery and Return

11.1. Upon delivery, collection or return of the Goods, the Hirer must check the Goods and quantities delivered (or returned). If there are any discrepancies between the Goods delivered and the quoted order or return docket, the Hirer must note them at the time of delivery or collection by amending the relevant documents in the presence of The Company’s representative.
11.2. In the event that the Goods are to be collected by the Hirer from our premises, the Hirer must provide us with at least 3 business days’ prior written notice by email to [email protected] specifying the proposed date and time of collection, name of a representative of the Hirer (who must be present), name of the intended carrier, contact telephone number, and quantity and nature of Goods to be collected.  The Company will confirm the date for collection with the Hirer.  Goods will not be collected until a written confirmation is provided by the Company.  In the event that the Hirer or its representative does not collect the Goods at the agreed time, then the Company may charge the Hirer $60 per hour for the delayed collection which amount will be deducted from the Security Deposit.  
11.3. The Company will endeavour to effect delivery and collection of the Goods at the times indicated by the Hirer but the Company will not, under any circumstances, be liable for any delay in delivery or collection or for failure to deliver or collect. The Company reserves the right at any time to refuse any carrier of the Hirer.

12. Your obligations to the Company

12.1. The Hirer must: 
(a) keep the Goods in proper working order and condition;
(b) store the Goods safely and securely and protected from theft, seizure, loss or damage;
(c) not alter, tamper, damage or repair the Goods without our written consent;
(d) not remove any label, identifying mark or safety instruction from the Goods;
(e) not remove the Goods from the location described in the Invoice;
(f) allow the Company (or our nominated person) at any time during the Hire Period, to enter the premises where the Goods are stored to inspect the Goods. Inspections may be undertaken by the Company or its nominated person without a representative of the Hirer present provided that the Company gives the Hirer notice of its intention to do so;
(g) notify the Company immediately if there is any loss or damage to the Goods.
12.2. If the Goods are damaged (other than fair wear and tear) and are capable of repair, the Hirer must compensate the Company for the cost of repair immediately upon request.  If the Goods are lost or damaged beyond repair, the Hirer must pay to the Company, the new replacement cost of the Goods and any other costs incurred by us due to the loss or damage of the Goods immediately upon request.
12.3. If the Goods are damaged, the Hirer must not sell, offer for sale, part with possession of, mortgage, assign, transfer, charge, encumber or otherwise deal with the Goods in any way without the Company’s prior written consent. 
12.4. In the event that the Goods are lost or damaged in circumstances where a claim can be made upon insurance effected by the Company pursuant to this Agreement, then the Hirer must:
(a) report the damage or loss to the Company and the Police (if appropriate) immediately upon the Hirer becoming aware of such loss or damage; and
(b) provide all necessary co-operation to us, the Police and the insurer in respect of any claim.

13. Termination and Access for Repossession

13.1. Without affecting any other rights the Company may have, the Company may terminate this Agreement at any time without liability to the Hirer if the Hirer:
(a) breaches this Agreement; 
(b) fails to pay any amount when due; or 
(c) becomes bankrupt, insolvent or is placed in liquidation, administration or receivership and in any such case we may repossess the Goods.  
13.2. Without adversely affecting our other rights remedies, upon termination of this Agreement for any reason and/ or upon expiry of the Hire Period, the Hirer:
(a) must provide the Company with all reasonable assistance in locating and collecting the Goods; and
(b) acknowledges and agrees that the Company or its employees or agents will be entitled to enter the Hirer’s premises where the Goods are, or the Company reasonably believes the Goods are, in order to re-take possession of Goods.  The Hirer indemnifies the Company against any liability, damage, loss, cost, charge, or expense arising directly or indirectly out of our exercising this right of entry.  
13.3. If the Goods are not returned to the Company in good condition on the End Date, or within 3 days of the Company making a written a demand for the Goods, the Hirer must pay to the Company the new replacement cost of the Goods and any other costs incurred by the Company due to the loss of the Goods.

14. Force Majeure

14.1. Despite any other provision of this Agreement, the Company will not:
(a) be liable for the consequences of any Force Majeure which affects the Company’s obligations under this Agreement; and 
(b) be deemed to be in breach of this Agreement, or otherwise liable to the Hirer, for any delay in performance or non-performance of any of its obligations under this Agreement, to the extent that the delay or non-performance is due to any Force Majeure.

15. Indemnity and Limitation of Liability

15.1. All guarantees, terms, conditions, warranties, undertakings or representations express or implied in any way relating to this Agreement are excluded to the maximum extent permitted by law.  Notwithstanding this, nothing in this Agreement restricts or modifies any right or remedy including any guarantee imposed or implied under the Australian Consumer Law (if applicable) which contains guarantees to protect consumers of certain goods and services
15.2. Our liability for breach is limited to (at our sole discretion):
(a) in the case of Goods, the repair or replacement of the Goods or the supply of substitute Goods (or the cost of doing so); or
(b) in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again. Save for any liability that we may not exclude, to the maximum extent permitted by law, our liability for all claims arising under this Agreement, whether in contract, tort (including without limitation negligence), in equity, under statute, under an indemnity, or on any other basis, is limited to an amount equal to the Hire Fees paid by you under this Agreement. 
15.3. Subject to the provisions of this Clause 15, the Company is not liable for any consequential, indirect or special loss or damage, emotional trauma or distress, loss of profits, loss of business, business interruption, costs or amounts that you are liable for arising out of any loss suffered by third parties under or relating to this Agreement, whether in contract, tort (including without limitation negligence), in equity, under statute, under an indemnity, or on any other basis, whether or not such loss or damage was foreseeable and even if advised of the possibility of the loss or damage. 
15.4. You must indemnify us against all liability, claims, damage, loss, costs and expenses (including, without limitation, legal fees, costs and disbursements on a full indemnity basis, whether incurred against or by us in respect of:
(a) personal injury;
(b) damage to tangible property; or 
(c) a claim by a third party, in respect of use of the Goods.
To the extent that the Company’s loss is caused by our negligence, your liability is diminished.

16. Photos and Digital Media

16.1. By signing this Agreement or accepting its terms in accordance with clause 2.4, the Hirer gives us the irrevocable right to use any photograph, image, audio recording, video recording in all forms and manner (“Your Image”) for the purposes of advertising, media publicity, publication, general display or for any other purpose in whole or in part, including but not limited to publication on internet web sites, broadcasts, social media and or any other publications released by us.  You understand that we cannot control unauthorised use of Your Image by persons not associated with us upon the publication of Your Image. You forever waive any right to inspect or approve any publication of Your Image by us and you release and indemnify us from any loss, damage, costs, expense or claim (including consequential loss) connected with the publication of Your Image, including action for defamation, libelous material, breach of privacy or copyright.

17. Postponement and Access to Event

17.1. The Hirer may postpone or reschedule the Hire Period by providing at least 30 days’ written notice to the Company, however, a credit (but not a refund) may be issued that must be used within 12 months of issue.  Rebooking is subject to availability and if the Company does not have availability for the new Event Date and the Hirer declines a credit, then the booking will be deemed cancelled by the Hirer. The credit may be transferrable at the sole discretion of the Company.
17.2. In the case of inclement weather, the Hirer may reschedule the Hire Period by providing at least 72 hours written notice prior to the Commencement Date.  Alternatively, the Hirer may relocate to an indoor/ undercover back-up area which is to be communicated in writing to the Company at the earliest.  Under no circumstances will the Goods be set up in the rain or on wet/muddy grounds and the rescheduled Hire Period will be subject to availability and cannot be guaranteed by the Company. It is the Hirer’s sole responsibility to provide the Company with written instructions for a wet weather backup plan.  In the case that instructions are not received by the Company, the Company has the right to refuse to provide the Goods or may set up the Goods in a location determined by the Company, acting reasonably.
17.3. The Hirer agrees that it will arrange for the Company to have access to park and unload the Goods from the delivery vehicle on level ground and within 10 meters of the location of the Hirer’s Event, failing which the Hirer agrees to pay the Company an access fee (the Location Access Fee) as determined by the Company. If not already stipulated on the Invoice, the Location Access Fee will be deducted from the Security Deposit (if applicable) and or separately invoiced to the Hirer and the amount of the invoice will be immediately due and payable. 
17.4. Should the Hirer fail to provide an adequate delivery location as stipulated in clause 17.3 above The Hirer will be charged at least $150 as a Location Access Fee and for the Company to provide emergency staff which the Company does not guarantee will be available and, the Company will charge the Hirer $65 per hour per emergency staff member for the additional time required to set up the Goods.  This additional cost will be deducted from the Security Deposit or separately invoiced to the Hirer and the amount of the invoice will be immediately due and payable.  The Hirer also agrees that if access to the Hirer’s Event includes any steep inclines or declines, any stairs, uneven surfaces or difficult terrain, that the Hirer agrees to pay the additional costs referred to in this clause 17.4 to cover the Company’s additional labor required to set up the Goods.  The Company will not accept any responsibility or liability if the Hirer fails to arrange appropriate arrangement for the Company to access the Event location which results in the Company taking longer to set up the Goods for the Hirer’s Event. 

18. Cancellation

18.1. In the event that the Hirer no longer requires any of the Goods and or cancels their Event, or their booking with the Company, written notice must be given to the Company and the following will apply:
(a) 50% of the Hire Fees (the initial down payment) are non-refundable and will be kept by the Company; 
(b) 50% of the Security Deposit (if applicable) will be refunded to the Hirer.
(c) Any other balance of the remaining Hire Fees may be refunded at the sole discretion of the Company to the Hirer. 

19. General

19.1. This Agreement is governed by the laws of New South Wales, Australia and each party submits to the non-exclusive jurisdiction of the courts of New South Wales.  
19.2. A provision or right created under this Agreement will not be waived by us or varied except in writing signed by an authorised representative.  A waiver by us of a provision will not waive any other provision of this Agreement or constitute a continuing waiver unless expressly provided.  
19.3. If a provision or right or remedy of a party under this Agreement is void or unenforceable for any reason than that part will be read down or severed from this Agreement without affecting the validity or enforceability of the remaining provisions.
19.4. You are not entitled to set off against or deduct from the price any sums owed or claimed to be owed to you by us.  The description, illustration and performance of any product contained in our catalogue, marketing material, price list or advertising does not form part of this agreement unless expressly set out in this agreement. We may complete any blanks on any form on your behalf.

20. Consent to Execute by Electronic Signature

20.1. Each party agrees that this Agreement and any other documents to be delivered in connection with this Agreement may be electronically signed (including by DocuSign), and that any electronic signatures appearing on this Agreement or such other documents are the same as handwritten signatures for the purposes of validity, enforceability, and admissibility.