The parties do herein bind themselves of this agreement regarding all equipment booked by customer to service their event from the date of this agreement until modified or cancelled.
Hire services, space and power
(1.1) No food or drink is allowed in, on or around the booth area.
(1.2) The 360 booth platform and equipment requires a minimum area of 2.4m x 2.4m. The Hirer is solely responsible for ensuring suitable access to the site for delivery of the goods and the provision of the additional services. In the event the venue is inaccessible, the Hirer is still liable to pay the hiring fee. The Hirer must ensure adequate power point access at the site for operation of the goods and the provision of additional services. Should the Hirer’s choice of venue/location require a power generator, an additional fee of $300 will apply.
(1.3) The 360 Booth Co Pty Ltd (Owner) will at its own cost deliver the goods to and provide the additional services at the site on the delivery date and ensure that the goods are installed, prepared and ready for operation. Once the goods are ready for operation, and prior to commencement of the hiring period, the Hirer must inspect them. Unless otherwise notified by the Hirer, inspection of the goods and delivery of the additional services is accepted by the Hirer. If the Hirer fails to inspect the goods prior to commencement of the hiring period the Hirer is deemed to have irrevocably accepted the goods.
(1.4) In the unlikely event that the video booth software fails to properly save and record a data file containing the images recorded by the Hirer during the hiring period then in such case the Owner will give the Hirer a discount of $80 as compensation for the Hirer’s loss and the parties agree that the Owner will not be liable in any way to the Hirer in respect of the issue.
(1.5) The Hirer is responsible for providing a wifi connection should standard wifi internet access via the Owners wifi modems not be available.
Deposit, date changes, cancellations and refunds
(2.1) The Hirer must pay the deposit in order to secure the delivery date and the hiring period. The Hirer acknowledges that the booking of the goods on the delivery date will not be confirmed by the Owner unless and until it receives the deposit. The Owner will credit the deposit against the hiring fee.
(2.2) All deposits are non-refundable. If the Hirer cancels the booking of the goods and additional services, the deposit will be retained in full by the Owner.
(2.3) Full payment should be paid 14 days before the event date. The 360 Booth Co Pty Ltd reserves the right to cancel if service is not paid in full 14 days before the event date.
(2.4) If the Hirer cancels the booking of the goods and additional services within 30 days or less, the Owner may retain the entire hiring fee.
(2.5) If the Hirer cancels the booking of the goods and any additional services prior to the delivery date but desires to make an alternate booking, the Owner may credit the deposit to the new booking, but the the Owner is under no obligation to do so. Owner will act reasonably in making any such decisions.
(2.6) The Owner may cancel the booking at any time by giving the Hirer not less than 7 days written notice without being responsible for loss, provided that the Owner must, in such case, refund in reasonable time any deposit or hiring fee already paid by the Hirer.
(2.7) All date changes are subject to video booth availability.
Additional hours
(3.1) Payment for extra time must be completed before time can be provided at your event. We may not be able to provide extra hours if not previously arranged.
(3.2) Extra hours provided without being scheduled must be paid in full via electronic invoice or cash at the rate stated above. There is a $350 fee for each additional hour.
Operation, maintenance and storage of goods
(4.1) The Hirer warrants that it will operate the goods from the agreed start and end time of the event, with due care and diligence and in compliance with the instructions and recommendations of the manufacturer as to operation (if any), and indemnifies the Owner for any breach by it of this warranty.
(4.2) The Owner agrees to have the goods operational for a minimum of 80% of the hiring period, unless otherwise agreed with the Hirer.
Damage to equipment
(5.1) The Hirer accepts all responsibility for any damage or loss to equipment during event caused by guest misuse or abuse. No food or drink is allowed in, on or around the booth area.
(5.2) The Owner may suspend or terminate the hire of the goods and additional services at any time during the hiring period if they feel that the goods and additional services is being misused in a way that is dangerous to any persons or potentially damaging to the product.
Risk and insurance
(6.1) The Hirer is liable for all excess, premiums and other costs associated with any insurance claim in relation to the goods that arises from use by the Hirer or it’s employees, agents or subcontractors during the hire period and must meet any shortfall in repair or replacement of the goods following payment of any amount received under insurance, including any loss suffered by the Owner as a result of not being able to hire the goods after the hire period.
The Hirer acknowledges that:
The goods are at the sole risk of the Hirer and the Owner is not liable for any claim the Hirer may incur or that may arise from any cause whatever including any fault or other defect in the goods: and
The Owner is not responsible for and is released from all liability in respect of all such claims.
Indemnity
(7.1) The Hirer accepts full responsibility for, and indemnifies the Owner against all claims:
In respect of any injury to persons, or damage to property, arising out of the use of the goods and the provision of the additional services during the hire period however arising;
As a result of, or in connection with, a breach or non-performance of this agreement or any of the Hirer’s obligations under this agreement; or
As a result of, or in connection with, the Owner exercising its rights under clause 2.4.
(7.2) The Hirer remains liable for any hiring fees during the period of repair or unavailability of the goods due to loss, damage or theft while in the possession or control of the Hirer.
Release of images
(8.1) Unless otherwise mutually agreed by the parties in writing, the Hirer grants to the Owner an irrevocable right and licence (including, without limitation, an intellectual property licence) to use and publish in any and all media all images produced by the goods during the hiring period for the purpose of the Owner’s marketing and advertising.
Miscellaneous
(9.1) Notices sent by the Owner to the Hirer are deemed received the second business day after being posted to the address the Hirer provides to the Owner on the booking form.
I have read and agree to the terms and conditions above. The Hirer acknowledges that the booking of the Goods on the Delivery Date will not be confirmed by the Owner unless and until it receives the Deposit. The Owner will credit the Deposit against the Hiring Fee. By Paying a deposit, the hirer consents to be legally bound by the agreement’s terms and conditions. You further consent to electronic delivery of any communication and documents except where specifically requested or required by law.