Today's Photo Booth

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It's time to Spin with our 360 Video Booth

1. Definitions
    a. Provider means the provider of photo booth services; and
    b. Client means the party who places an order for photo booth services.

2. Supply of Photo Booth Services
    a. The Client hereby agrees to engage the Provider to provide the Client with the photo booth services (“Photo Booth Services”) as per the Confirmation Document.
These details include:
– The Booth
– Event Date 
– Time (setup, session, packup) 
– Duration (the total duration including setup through to disassembly)
– Event Location (the “Location”)
– Package Inclusions
– Total Cost

    b. The Client will ensure that the Provider is given access to the Location during this time and is able to enter and exit the Location in a safe and easily accessible manner.  
Appropriate space with a floor area of at least 3×3 meters is required for all photo booths and a minimum of 4×4 meters is required for the 360 video booth, the Customer will arrange a Single Power outlet at the desired booth location.
There will be no refunds issued where a Location is deemed to be inadequate, unsafe, unusable or inaccessible by the Provider.

3. Duration of Service
a. The Duration of Service means the number of hours requested for the Photo Booth Services plus set-up and disassembly time.
       The total Duration of Service will be as per the details in the Confirmation Document.

b. The Client and Provider agree that the Photo Booth Services may be interrupted for maintenance purposes during the Duration of Services. The fee paid for the Photo Booth Services and/or the Duration of the Service will not be increased or decreased unless otherwise agreed to by both the Client and Provider. However, if an interruption to the Photo Booth Services occurs due to maintenance of the photo booth or a fault of the Provider for over 30 minutes, a refund of $1.00 from         the Service Fee will be provided to the Client for each excess minute (beyond 30 minutes) of interruption.

    c.  A Client wanting to terminate the Photo Booth Services earlier than the agreed Duration of Service will not receive any deductions from the Service Fee.

    d. A Client wanting to extend the Photo Booth Services on the day of the event, may put forward their request for extension to the photobooth operator or to the Director/ Owner of Today’s Photobooth.  If the request is made through The photobooth operator, the operator is required to seek approval for the extension period from the owner / Director.  Should the request be approved by the owner/ Director, the Client will be subsequently invoiced and required to pay for services at a fee / rate of $150 per additional hour of hire.  Additional fees must be paid strictly within 7 days of the event.

 

4. Payment for Photo Booth Services
    a. Calculation of Payment
        (i)   The Provider will charge the Client a Service Fee as per the details in the attached Confirmation Document for the provision of the Photo Booth Services. A non-refundable reservation fee in the amount of 50% is due upon signing of this contract. The reservation fee / 50% deposit  must be received by the Provider from the Client before a reservation / booking date can be confirmed. The remaining balance is due 7 days prior to the Client’s event.
        (ii)    The stated fee is exclusive of and GST and other applicable duties or rates as may be required by law. Any GST, duties or rates required by law will be charged to the Client in addition to the payment.

    b. Failure to Pay
    The Provider is not obligated to provide the Photo Booth Services unless the Service Fee is received in full.

5. Assignment and Subcontracting
    a. The Provider will not voluntarily, or by operation of law, assign or otherwise transfer its obligations under this contract without the prior written consent of the Client.

    b. If written consent is given by the Client and the Photo Booth Services are subcontracted to another party, the Provider and the subcontracted party will both be responsible for the performance of the Photo Booth Services and must adhere to         the Provider’s obligations under this contract.

6. Liability and Indemnity 
6.1. Limitation on Provider’s liability to Client
    a. The Provider’s liability to compensate the Client for any loss of damage (in the case of loss or damage other than death or personal injury) is limited to a reasonable amount, having regard to such factors as whether the damage was due to a         negligent act or omission by the Provider.

    b. The Provider’s liability for death or personal injury is also subject to the limitations set out in clause 6.2. below.

6.2. Limitation and exclusion of liability for personal injury and death 
    
 a. The Provider will compensate Client for any loss or damage Client may suffer if I fail to carry out duties imposed on Provider by law (including if Provider cause death or injury to Client or those who could be reasonably foreseen as being subject     to the Photo Booth Services, by Provider’s negligence). 

    b. Clause 6.2(a) applies unless that failure is attributable to:
        (i)    Client’s own fault;
        (ii)    A third party unconnected with the provision of Photo Booth Services under this contract; or
        (iii)   Events which I could not have foreseen or forestalled even if I had taken all reasonable care.

6.3. Client’s liability for damage to equipment
    a. 
The client is responsible for any loss or damages to the Provider’s equipment (other than fair wear and tear) caused by any misuse of the equipment by the Client, their employees or their guests.
       The Client will be responsible for any loss of or damage to the Provider’s equipment caused by Theft, Fire, Flood or Accidental Damage.

7.1. Sudden termination of hire
    a.  
The Provider reserves the right to immediately shut down and terminate a photo booth session, without notice and without refund, if they deem it to be appriopriate due to any of the following reasons:
         (i)   Guests, patrons, clients or users are misusing the booth in any way, including but not limited to dangerous or intoxicated behaviour; or
         (ii)  A safety hazard is identified that will pose as a health or safety risk to the Provider, operator, staff, guests, patrons or the venue.

8. Waiver 
    
The waiver by either party of a breach, default, delay or omission of any of the provisions of this Agreement by the other party will not be construed as a waiver of any subsequent breach of the same or other provisions.

9. Jurisdiction
    
This Agreement will be construed in accordance with and governed by the laws of South Australia. Each party submits to the non-exclusive jurisdiction of the courts of South Australia there in connection with matters concerning this Agreement.