Terms & Conditions

1. Scope of Services

1.1. We provide entertainment goods and services as follows:

a) The provision of hire items, including but not limited to Photo Booths and accessories (‘the Hire Items’) and

b) Co-ordination, planning and set up/pack down of any of the above;

(hereafter, referred to as “Goods and Services”).

2. Non-Refundable Booking Fee

2.1. You must pay a booking fee of $300.00 for your Booking Date to be confirmed (‘the Booking Fee’).

2.2. By paying the Booking Fee, you acknowledge and accept that the Booking Fee is not refundable. The purpose of the Booking Fee is for, but is not limited to, securing our Services for a specified date, related consultations, research, quoting, rent, licensing, insurances, administration and ongoing client management.

2.3. You understand that through booking the date, you accept that we will suffer loss by declining other work for that date, from the date that you agree to these Terms.

2.4. The Booking Fee is not transferable to another Booking Date or another type of goods or services (unless otherwise provided within the Terms).

3. Immediate Allocation of Hire Items

3.1. Where you make a Booking with us and require Hire Items to be provided to you, those Hire Items will be held upon payment of the Booking Fee outlined above.

3.2. You will then be required to pay the remainder of the full amount for the Hire Items in accordance with Clause 5 below.

4. Payments

4.1. Each person who has executed the Terms will be jointly and severally liable for all payments owing to us.

4.2. For Final Payment for the Goods and Services (‘the Final Payment’) the remainder of the full price is due two (2) weeks prior to your Booking Date.

4.3. Any payments made to us will be made via direct deposit or cash.

4.4. If any payment is not made when due, you shall pay all costs that we incur to collect or attempt to collect the debt arising from a breach of these Terms. The term “all costs” includes but is not limited to all debt collector fees, legal fees, court filing changes and any other expenses of whatever nature incurred by me in collecting or attempting to recover all of part of the debt.

4.5. If, and to the extent, any supply of the Goods and Services under the Terms is a taxable supply within the meaning of the A New Tax System (Goods and Services Tax) Act 1999 (Cth), the price for the Goods and Services will be increased to include GST payable by the us in respect of the supply. All rebates, discounts or other reductions in price will be calculated on the GST exclusive price.

4.6. Our transportation, meals and accommodation costs for meetings, before and the coordination on the Booking Date will be borne by you as follows:

a) Travel costs at $2.00/km for trips outside the CBD;.

b) Where there is a booking located in excess of two (2) hours drive, accommodation costs for the entire team are required, in an appropriate hotel that facilitates quick access to locations.

5. Changes to Prices and Packages

5.1. Prices and package options for the Goods and Services are subject to change under the following circumstances:

a) If the amount of work actually undertaken increases beyond what has been outlined in any package offering;

b) If the scale of the Booking, or the nature of the event subject of the Booking (for whatever reason) changes and increases beyond what was initially discussed and agreed between us; and

c) If you change your mind on certain elements, from what the original agreed concept was, and we must make additional changes to confirmed bookings, and undertake further work.

6. Cancellation or Postponement of Booking

6.1. You may cancel this agreement at any time, by notifying us in writing.

6.2. Where you wish to cancel, the following applies:

6.3. We will use our best endeavours to meet your requests for a postponement of the Booking Date however it must be a date that is mutually agreeable. In the event of a postponement, the following will apply:

6.4. Notwithstanding the above, you are only able to postpone your Booking on one (1) occasion and the new date must be within twelve (12) months of the original Booking Date.

6.5. You must have an inclement weather plan which allows for an indoor option. Refunds will not be given if inclement weather impacts your event, unless such weather event falls within the definition given in Clause 18. In those instances, the remedy in Clause 18 will apply. Where you wish to cancel or postpone your Booking Date due to weather, these will be treated in accordance with our cancellation and postponement policies above.

7. Intellectual Property

7.1. You acknowledge that we may take images and/or video of you using us at your Booking. You hereby irrevocably waive all copyright rights (including moral rights) in any such images and we agree to provide you the images/video by way of a royalty free nonexclusive licence.

7.2. Any photographs, videos or sound recordings taken by you and/or guests must be for personal use only and must be taken legally. Any use, reuse or production for commercial purposes without our express written consent is strictly prohibited.

7.3. Images of people, places and/or products posted on our website are either our exclusive property or are used herein with our express permission. Unless otherwise noted, all content included on our website, including (but not limited to) images, illustrations, designs, icons, photographs, video clips, written material and other materials, is our property or our suppliers, partners, or affiliates and is protected by Australian and international copyright laws. You also acknowledge that you have read and understood any of our terms and conditions that relate to the use of content and material on our Website.

8. Model Release

8.1. You hereby assign and grant us the irrevocable and unrestricted right to (i) use and publish photographs of you or in which you may be included, for editorial, trade, advertising or any other purpose and in any manner and medium; (ii) to alter the same without restriction; and (iii) to copyright the same.

8.2. You acknowledge that it is your responsibility to obtain the necessary assignment of rights to us from those who are to be featured in photography so as to ensure that we can use and publish the photographs of those persons.

8.3. You hereby release us and assigns from all claims and liability relating to said photographs. It is agreed that we may display and use the photographs taken for advertising, display, website and internet promotion, photographic contests, public display and any other purpose thought proper by us.

8.4. We may, at our cost and discretion, document aspects of your event with photography, video and or written word with vendors of our choosing. We will be respectful of your privacy.

8.5. If you would prefer not to include names or photos of any of the event attendees, you must advise us in writing. If we are provided photos by you, you warrant that you have obtained the necessary permissions from the owner of those photographs to be used by us.

9. Ownership and Hire of Hire Items

9.1. We agree to grant a temporary bailment of the Hire Items to you, in exchange for your payment, as required under this Agreement.

9.2. You acknowledge that during, and outside of, the Hire Period, we retain full title to the Hire Items, subject only to the rights of you as a mere bailee of the Hire Items, with a right only to possess and use the Hire Items, in accordance with the terms of this Agreement.

9.3. Your rights to use the Hire Items is as a bailee only.

9.4. No person will be entitled to use, dispose of or otherwise deal with the Hire Items in any way which is inconsistent with our rights or these conditions.

9.5. Neither payment of compensation nor any other circumstance or event will amount to, constitute or result in any transfer of title in the property or interest in the Hire Items from us.

9.6. Unless otherwise agreed and confirmed in writing by us, the period of the bailment is for the Hire Period only but remains determinable in our sole discretion.

9.7. Upon delivery, the Hire Items must be inspected by you once you arrive at the Site to determine whether the Hire Items delivered are complete in accordance with this Agreement and are in good order and working condition. You will on completion of the inspection be deemed to have satisfied yourself that the Hire Items are suitable, fit and merchantable and capable of meeting all the requirements of the Hire Items.

9.8. Any shortages or malfunctioning of the Hire Items must be notified by you to us, in writing, immediately following your discovery.

9.9. During the Period of Hire, and for any period of time you are in possession of the Hire Items, you are a bailee of the Hire Items. In addition to all duties imposed at law upon bailees, it is an essential term of this Agreement that you will:

a) At all times exercise all reasonable care and diligence in the use of the Hire Items in accordance with Manufacturer’s or Owner’s specifications;

b) Prior to the Delivery Date, assign a location where you wish for the Hire Items to be set up (but in the event that it is deemed unsuitable on the day, we may change the location).

c) return the Hire Items in a clean state and in good order and working condition to us at our address for delivery on or prior to the expiration of the Hire Period;

d) Not tamper or in any way interfere with, or repair or attempt to repair the Hire Items;

e) Not, without our written consent provided prior to the Booking Date, adhere anything to any Hire Item including but not limited to: vinyl, glue, tape, staples, stickers. If prior written consent is provided, you must return the Hire Items to the condition they were in when delivered;

f) At no time during the Hire Period part with possession of the Hire Items or in any way deal with them in a manner inconsistent with our rights as owner;

g) Keep the Hire Items safe at all times during the Hire Period;

h) Not remove or deface any label, Manufacturer’s serial numbers or other marks identifying the Hire Items and/or our ownership of the Hire Items; and

i) Not permit any person to improperly use the Hire Items.

9.10. You acknowledge that you will be hiring items that will be used by other clients prior to your event date. Where an item is hired prior, and the item becomes damaged or lost, and cannot be repaired to the standard satisfactory to you before your event date, we cannot be held liable or responsible for our inability to provide that item. We will notify you as soon as possible and offer an alternative, if possible. In the absence of an alternative item being offered, we will give you a refund of the amount paid for the hire item. We must be allowed suitable time to rectify any issues with an item before issuing of a refund.

10. Delivery, Installation & Collection

10.1. The delivery, installation & collection fee covers the delivery, installation and collection of all Hire Items as described in the Order.

10.2. We will in good faith and to the best of our ability deliver all Hire Items to the delivery address by no later than the Delivery time. In the event that we are unable to do so for any reason, you release us from any and all claims and liability.

10.3. You must provide us with safe and appropriate access to the delivery address during the Hire Period.

10.4. If, for any reason, we are unable to gain access to the delivery address for delivery of the Hire Items, we may charge at our sole discretion an additional fee as reasonably determined by us for each additional delivery attempt. If this is the case, we will provide you with an invoice to cover the cost and this invoice will be due and payable immediately upon receipt.

10.5. We may charge at our sole discretion additional fees where there are multiple delivery or collection locations.

10.6. You must ensure measurements of the Hire Items supplied by us are appropriate for the event space including ceiling heights, door and stair access. If any of the Hire Items does not safely and appropriately fit, we reserve the right to refuse delivery. In such circumstances, you will not be entitled to a refund of any monies paid by you and we will not refund any monies paid by you.

10.7. You must, upon placing an order, notify us if delivery of the order will be above ground level.

10.8. Where you fail to disclose to us an above ground level delivery, we may charge at our sole discretion an additional fee as reasonably determined by us for the additional service. If this is the case, we will provide you with an invoice to cover the cost and this invoice will be due and payable immediately upon receipt.

10.9. Where you are not available at the delivery address during delivery, you must allocate and provide us with the contact details of a designated person to meet with us at the delivery address.

10.10. We will not be held accountable if any Hire Items becomes damaged or missing due to failure to meet with the designated person or leaving the Hire Items unattended at the Delivery Address. You do hereby release us from any and all claims and liability in the event you or designated person cannot be located.

10.11. You must make all Hire Items available to us for collection at a time and date determined by us.

10.12. All Hire Items must be quality checked, counted, and cleaned prior to collection by or return to us.

10.13. If for any reason we are unable to gain access to the delivery address for collection of the Hire Items, we may charge at our sole discretion an additional fee as reasonably determined by us for each additional collection attempt. If this is the case, we will provide you with an invoice to cover the cost and this invoice will be due and payable immediately upon receipt.

10.14. If the agreed upon collection time is delayed by you for any reason, resulting in costs incurred by us, you must reimburse us for all costs associated with the delay.

10.15. The Hire Items must be, at all times, in a weatherproof area away from dust, mud, mildew, rain, damp, wind or snow. Hire Items must not be left out in the open overnight.

10.16. Any damage to the Hire Items such as rips, tears, scuff marks, food products, dirt, cigarette burns, spills, dampness or breakages or any other damage may result in the full reupholstering or replacement of the Hire Items at your cost in accordance with clause 14 of this Agreement.

11. Cooperation and House Rules

11.1. You agree to obey all reasonable written and verbal instructions given by us and our contracted personnel without objection in response of the Goods and Services.

11.2. You acknowledge that we are limited by the guidelines of the venue site management if applicable. You agree that you will be at all times responsible for obtaining any necessary consents associated with the event’s host venue for the Goods and Services and we will not be liable for any loss whatsoever resulting from a failure to perform the Goods and Services on the basis that the Event’s host venue has refused the Goods and Services to be provided.

12. Safety

12.1. You shall agree, while working with us on or at the Booking, you are not to undertake any illegal or dangerous activities that threaten our safety, well-being or liability.

12.2. You agree to provide a safe environment for us and our contracted personnel to prevent unauthorised interference or removal of any Hire Items from the arrival of us and our contracted personnel at the Booking, to the time of completion of engagement. The engagement will be completed at the time we and our contracted personnel remove all Hire Items from the Booking.

12.3. If these terms are not strictly adhered to and we or our contracted personnel feel the personal safety of our employees and officers are at risk, we reserve the right to exit the event and cease our Services. If this occurs, you forfeit any fees paid.

13. Subcontracting of Services

13.1. In the unlikely event of severe medical, natural, or other emergencies, we will make every effort to secure Goods and Services in replacement. If suitable replacement Services are not found, responsibility and liability is limited to the return of all payments received by us for the Services.

14. Warranty, Liability, and Indemnity

14.1. To the extent that the Australian Consumer Law allows, we provide the Goods and Services on an “as is” and “as available” basis and disclaim all representations, warranties and conditions of any kind, whether express, implied, statutory or otherwise with respect to the Services (including all information contained therein), and including any implied warranties of merchantability, fitness for a particular purpose, non-infringement, title or ownership.

14.2. Subject to clause 15.1 above, we accept no responsibility and are not liable for any direct or indirect, special loss or damage or injury to any person, corporation or other entity in connection with the Terms or the Services, howsoever caused save for the event we have contributed to such loss or damage or injury.

14.3. We will not be liable to you or any other person for any liability or claim of any kind whatsoever arising directly or indirectly (whether under statute, contract, tort, negligence or otherwise) in relation to any indirect or consequential loss (including but not limited to any loss of actual or anticipated profits, revenue, savings, production, business, opportunity, access to markets, goodwill, reputation, publicity, or use) or any other remote, abnormal or unforeseeable loss or any similar loss whether or not in the reasonable contemplation of the parties.

14.4. To the maximum extent permitted by law, you will indemnify us against any liability arising from or in connection with:

a) Any act or omission by you;

b) Any breach of these terms; and

c) Any damage caused by a third-party;

d) Any third-party claim against us;

arising from or in conjunction with the Terms, but any liability or indemnity will be reduced proportionately to the extent the liability was caused by our negligence.

15. Force Majeure

15.1. We will not be liable or responsible for any failure to perform, or the delay in performance of, any of its obligations under the Terms that is caused by any act or event beyond our control. Examples include, but are not limited to, acts of God, flood, fire, warfare, government laws or regulations, electrical fire, strikes by suppliers (known as ‘force majeure circumstances’).

15.2. If a genuine force majeure circumstance occurs and means that the performance of our obligations under the Terms becomes impossible, we will contact you as soon as reasonably possible to notify you. Our obligations under the Terms will be suspended and the time for performance of our obligations will be extended for the duration of that force majeure circumstance.

15.3. In genuine force majeure circumstances, we will endeavour to arrange a new date for the Booking with you after the event outside of its control is over. We must use all reasonable endeavours to mutually agree on a new date, but if we are unable to agree on an alternative date, the Booking will be considered cancelled under the terms outlined in Clause 7.

15.4. This clause does not apply in circumstances where an event outside of our control occurs but the circumstances still make the Booking possible (notwithstanding inconvenience or financial hardship). If events beyond our control occur (such as restrictions to numbers of guests, or density requirements) but it is entirely possible for us to provide a substantial part the Services, any choice to cancel your event is done so at your own initiative and the usual cancellation clauses in these Terms apply.

15.5. If you cancel the Booking or vary the Booking because the alleged event outside of our control causes mere inconvenience or changes the Booking in a manner that does not suit you, our postponement and cancellation policies apply.

16. Entire Agreement

16.1. The terms and conditions contained in the Terms constitute the entire agreement between us with respect to the Services and shall not be amended, except where mutually agreed in writing.

17. Disputes

17.1. Both parties agree that any disputes arising from provision of the Goods and Services shall be negotiated with a view to settlement prior to either party issuing legal proceedings.

18. Termination

18.1. We may immediately terminate, or suspend the performance of the Terms and you must immediately pay any money owed to us if:

a) we experience harmful or threatening behaviour;
b) you fail to provide instructions or cooperate with requests for information;
c) you breach a term of the Terms and you do not remedy the breach within fourteen (14) days;
d) any invoice rendered by us remains outstanding;
e) you breach a term of the Terms which is not capable of remedy.

18.2. You may immediately terminate, or suspend the performance of, any agreement in the event of substantial breach by us of my obligations hereunder, where any such breach has not been remedied within 30 days of written notice from you requiring the breach to be remedied.

19. Governing Law and Jurisdiction

19.1. Any Terms between us is governed by the laws of the state of Victoria. The parties submit to the non-exclusive jurisdiction of the courts of the State of Victoria and any courts which may hear appeals from those courts in respect of any proceedings in connection with the Terms.

20. Severability

20.1. If any of these terms are invalid or unenforceable in any jurisdiction, that term must be read down for the purposes of that jurisdiction, if possible, so as to be valid and enforceable, and is otherwise capable of being severed to the extent of the invalidity or unenforceability, without affecting the remaining terms or affecting the validity or enforceability of that term in any other jurisdiction.

21. Miscellaneous

21.1. If any provision of this Agreement is unenforceable, the provision will be severed, and the remaining provisions will continue to apply.
21.2. We may assign any rights or benefits under this Agreement to any third party.
21.3. You may only assign any rights or benefits under this Agreement with our prior written consent.
21.4. This Agreement incorporates the entire understanding of the parties. Any waiver of a breach or default hereunder shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this Agreement.

22. Execution by Parties

22.1. This agreement must be executed by each party named. In instances where it is signed by one party, the signing party acknowledges and warrants that they have the authorisation to execute the agreement on behalf of the other party. In doing so, they also warrant that the other party has read and understood the Terms prior to providing permission to execute.

23. Execution by Corporate Body or Business

23.1. Where our Services are booked by a corporate body or business, you warrant that the authorised officer of the entity has the authority to make binding decisions on behalf of the entity.