Terms & Condition’s

 
 

PERFORMANCE OF SERVICES. The Company agrees to deliver services as per the Client’s specific and reasonable instructions. The Company agrees to use high-quality digital equipment and materials to meet the Client’s expectations for both print and media photographic uses. Although every possible care will be taken by the Company, the Company cannot place an unconditional guarantee on desired results. The Company cannot be held responsible for any misinformation or ruined photographs due to guests’ (or any other) flashes or any other ruined photographs due to causes beyond the Company’s control.

ATTENDANT. The Company shall assign an attendant from its staff exclusively for the Event. If necessary, and at the sole discretion of the Company, assistants to such attendant may attend the Event. The Company reserves the right to change any assignment and substitute another staff at any time due to illness or other emergency. Should the Event be scheduled for longer than 4 or more hours, the Client agrees to provide the attendant and any assistants with a modest meal during the event.

PAYMENT. A non-refundable deposit in the amount of $150 is required at the time of Agreement signing and shall not be refunded for any reason except for those situations outlined below under LIMIT OF LIABILITY. The remaining balance shall be paid no later than one (1) week prior to the Event. Payment shall be in the form of bank transfer / debit/credit card (or as otherwise agreed to by the Parties).

Should the Client desire a longer period of time for photo booth usage, the Company may, in its sole discretion, accept such Additional Services subject to an hourly fee of $150 payable to the Company at the conclusion of the agreed upon Additional Services time period. Should such Additional Services not be paid at the specified time, the Company shall not release any deliverables until all fees are paid by the Client.

COOPERATION. The Parties hereby agree to cheerful and pleasant cooperation and communication for the best possible result of the Services. It is recommended by the Company that the Client designate an individual who knows most of the attendees of the Event and can assist the Company with identification of key individuals as requested by the Client. The Client agrees to give the Company sufficient notice of key activities during the Event. If lack of sufficient notice is given, the Company will not be held accountable for non-photo booth usage during such events. Additionally, the Client should be aware that not all individuals like having their photographs taken. In such case, the Company will use their discretion in taking photographs and cannot and will not be held accountable for a lack of images of certain individuals.

COMPLETION OF FINAL PRODUCT. The entire process, from conclusion of Event to release of final product, can take up to 2 Weeks, at which time the Client will receive the final product.

VENUE AND LOCATION LIMITATIONS. The Client acknowledges and agrees that the Company shall be limited by the rules and guidelines of the location/venue. The Client accepts the technical results of such limitations. Any desired flexibility of location/venue rules and guidelines shall be subject to negotiation solely by the Client with the location/venue management; the Company shall offer technical recommendations only.

PERMITS. The Client is responsible for acquiring any and all permits, and necessary permission for all locations on which the Company shall be performing the Services.

ACCESS, SPACE & POWER. The Client will arrange for an appropriate space for the Photo Booth at the event venue(s). The Client is responsible for providing power (1 x Standard AU 13AMP 3-Pin Socket) per Photo Booth.

INTERNET CONNECTIVITY (If required). The Client is responsible to check that the event’s venue(s) will have adequate signal for an Internet connection. If it is not adequate, Internet can be granted in the form of a non-public WiFi (e.g. a private WiFi connection). The Company may be able to provide a 4G mobile broadband dongles if the mobile network signal is adequate. As a last resort, we will try to connect to a Free – Public Wifi. We will not be responsible for any downtime of services due to poor/inadequate Internet connectivity e.g. blackspots or firewall restrictions.

CANCELLATION. As stated above, the Reservation Deposit is non-refundable. In the event of cancellation while the deposit is non-refundable, a change of dates or transfer of events is allowed for, provided a package of similar or higher value is selected. If the cancellation is the result of the Company, all funds paid to the Company by the Client will be refunded to the Client, including the Reservation Deposit, within 7 days following cancellation by the Company.

CHANGE OF DATE. Any request for a date change must be made in writing at least 28 days in advance of the original event date. Change is subject to availability and receipt of a new booking contract.

If there is no availability for the alternate date, the deposit may be forfeited, and event cancelled.

DAMAGE TO THE PROVIDER’S EQUIPMENT. The Client acknowledges that it shall be responsible for any damage or loss to the Provider’s Equipment caused by any misuse of the Provider’s Equipment by the Client or its guests.

MODEL RELEASE. The Client hereby assigns the Company an irrevocable and unrestricted right to use and publish photographs of the Client or photographs in which the Client is included for editorial, trade, advertising, educational, and any other purpose and in any manner and medium; to alter same without restriction; and to copyright same. The Client releases all claims to profits that may arise from the use of any images.

Should minors appear in any photographs that the Company wishes to use, the Company will seek release from the minor’s parents through the Client. If such release is granted, the Company will use its highest discretion, ability, and control to ensure that no personal information is released of such minors. However, should such personal information become public knowledge through no intended fault of the Company, the Company cannot be held liable for release of such information.

COPYRIGHT/ WORK PRODUCT OWNERSHIP. The copyright of photographs remains with the Company. The images taken by the Company are for the personal use by the Client and their associates and/or friends and relatives. Sale, publication, or any commercial use of the photographs is not allowed without prior written permission from the Company.

LIMIT OF LIABILITY. In the unlikely event that the Company is unable to perform the Services due to an injury, illness, act of God, Force Majeure, act of terrorism, flood, war, government laws and/or regulations, and/or other conditions beyond the control of the Company, the Company will make every effort to secure a replacement. If the situation should occur and the Company is unable to secure a suitable replacement, responsibility and liability is limited to the return of all payments received for the Event.

In the unlikely event that the digital files are stolen, lost, or destroyed for reasons beyond the Company’s control, including but not limited to camera, hard drive, or equipment malfunction, the Company’s liability is limited to the return of all payments received for the Event.

SEVERABIILITY. If any provision of this Agreement is held to be invalid or unenforceable under the law, the validity of this Agreement as a whole shall not be affected, and the other provisions of the Agreement shall remain in full force and effect.

ENTIRE AGREEMENT/AMENDMENTS. This Agreement has been freely negotiated and contains the entire understanding between the Parties for the Services outlined herein. This Agreement supersedes all prior agreements, representations, or understanding (whether written, oral, implied, or otherwise) between the Parties. These terms may not be amended or modified except by an express written agreement between the Parties.

APPLICABLE LAW. This Agreement shall be construed and governed by the law of Australia without regard to principles of conflicts of law. Any court action to enforce this Agreement, or relating to or arising out of this Agreement or the Services as provided by the Company, shall be brought in a court of competent jurisdiction in the state of Victoria. Each party to this Agreement shall bear their own legal fees.

HEADINGS. The headings in this Agreement are for purposes of reference only and shall not limit or otherwise affect the meaning of any provision of this Agreement.

COUNTERPARTS; FACSIMILE/ELECTRONIC SIGNATURES. This Agreement may be executed in counterparts, all of which together shall constitute one and the same agreement. Any electronic signature shall have the full weight and authority as an original signature on this Agreement. Additionally, any signature page delivered electronically or by facsimile shall be binding to the same extent as an original signature page with regards to any agreement subject to the terms hereof or any amendment hereto.