BOOKING HIRE AGREEMENT
The person/s or company as listed in the Client/s details section of the booking form (‘the Client’)
William C Gibson trading under business name Snap Click Booth (ABN- 21180849721) (‘the Provider’)
‘A Party’ refers to either the Client or the Provider.
‘The Parties’ refers to both the Client and the Provider.
‘Event Date’ refers to the date(s) of hire as listed above in the event details section.
‘The Equipment’ refers to any equipment supplied by the Provider including but not limited to vehicles, hire equipment, props, photo booths, camera equipment, lighting equipment, printers, cords and the provider's attendant's personal belongings.
The following Hire Agreement (‘the Agreement’) provides the mutual responsibilities in relation to the Client hiring services including photo booth/s or DJ services from the Provider.
The Client engaging the Provider, signing this Agreement, or paying a deposit, and the Provider confirming the booking, receipt of the deposit or otherwise accepting verbally or in writing constitutes legal offer and acceptance of the Agreement.
Where the booking is made more than 16 days before the event date, unless otherwise agreed upon, a deposit of at least 20% of the total quoted amount is payable on booking. The balance (the amount remaining) is due 16 days prior to the event date.
Where the booking is made within 16 days of the event date, 100% of the total quoted amount is payable on booking.
In both instances, it is a non-refundable deposit. Any deposit to be paid is to be deemed non-refundable.
Cancellation – special circumstances
Where the booking is made more than 21 days before the event date, where there are special circumstances, the Client may cancel a booking within 10 days from the date that the booking was made without the loss of the deposit.
If special circumstances exist, and a Client needs to cancel within 21 days of the event date, the Provider at its discretion will credit the deposit for any future booking of the Client.
Client to ensure access
It is the Client’s responsibility to provide directions to the venue and to be available to provide access to the venue for the purposes of the Provider (and its agents) to set up the Equipment. The Client should provide access to the venue for at least 2 hours before the start time (‘the Start Time’) or at a time mutually agreed. Similarly, the Client should provide at least 2 hours after the end time (‘the End Time’) for the Provider to dismantle and remove the Equipment.
Client to ensure space, clean surface, and cover
The Client must ensure that a space of at least 3m x 3m is available for the photo booth and an additional 3m x 3m for the DJ setup if applicable).
The Client must ensure that the surface is stable. To be clear, grass, dirt, gravel, or any other potentially unstable surface will be unsuitable.
The Client must ensure the Provider's Equipment is completely protected from direct sunlight, rain, water, dust, and other harmful substances.
Client to provide power
The Client must provide a safe and adequate 240v power supply within 4 meters of the setup area.
Client responsible for own equipment
If the Client provides equipment (including but not limited to extension cords, power outlets, and power boards) that equipment must be safe and in good working condition.
The Client is responsible for paying any charges imposed by the venue or required to access the venue. These charges may include but are not limited to, parking costs and electricity.
Destruction of Equipment and Injury to Provider
The Client must provide for proper security and safety of the Equipment, the Provider (including its agents such as Attendant(s) and/or DJ) at all times.
The Client is liable for any loss or damage (including loss of earnings and hire fees) to the Provider in relation to any damage to the Equipment, props, tools, vehicles or personal belongings of the Provider, caused by any persons in attendance of the Event.
To be clear, the Client will be liable for damage caused by any uninvited persons at the Client’s Event.
To the full extent available by the law, if the Provider fails to perform due to a matter not deemed a frustrating event, then the maximum amount refundable by the Provider is 100% of the payment of the Client. The Client acknowledges the Provider only enters the Agreement on the understanding that, to the full extent available by the law, the Provider will not be liable for damages in excess of the total hire amount.
The Provider may advertise at the event. Advertising may include banners, displays, business cards, promotional items, slideshows.
Use of Images
The Client acknowledges that all persons using the photo booth grant the Provider the copyright and any other intellectual property right in the images (‘the Images’) taken in the photo booth.
This right includes using the Images for marketing purposes (including but not limited to uploading the images to our website or various social media pages, publishing promotional material, illustration, advertising, trade, or any other purpose).
The Images will be stored online on the Provider’s servers and various storage platforms. To the full extent available by the law, the Provider takes no responsibility for third parties viewing the Provider’s marketing materials and obtaining copies of the Images.
To the full extent available by the law, the Provider is not liable for any consequences or actions that occur in relation to content in the Images from an event.
The Provider may discard images taken at an Event at the Provider’s discretion.
The Provider is not responsible for maintaining copies of any images.
To the full extent available by the law, the Client waives any right to a claim of breach of privacy, intellectual property infringement, or related claim related to the Images.
Should a frustrating event, as defined by the common law, occur before the delivery of the Equipment, and prevent the delivery, the Provider will not be liable for non-performance and the Provider will refund payments for that Event to the Client. Should a frustrating event occur during an Event and after delivery, the Provider will not be held liable for partial non-performance and will refund pro rata. To be clear, a frustrating event cannot be in any way self-induced.
Public Liability Statement
The Provider is covered by $20 million in public liability insurance. It is the Client’s responsibility to ensure this is acceptable to the venue. Copies of any certificates of currency are to be made available by the Provider on request from the Client or venue.
Notwithstanding the right to use images (as referred to in “Use of Images”), the Provider does not sell, trade, or otherwise transfer to other parties the Client’s personal information. Exceptions to this are if required to assist the Provider in providing a service to the Client or if the law compels the Provider to.
The agents of the Provider including DJ(s) and/or Attendant(s) are expected to be able to work in a safe, non-abusive and non-hostile environment.
Attendants must be treated with respect at all times and be provided with a meal at events of 4 hrs or more.
Mistreatment of an Attendant, the Provider, the equipment or the agents of the Provider, in any way, will result in the immediate discontinuing of services with full balance still due.
The Provider may pause or terminate the use of the photo booth and/or DJ Service at any time during the event if it considers that any guest or guests are behaving in a way that the Provider believes to be dangerous to themselves or any persons, or potentially damaging to the Provider’s Equipment, personnel or the venue.
The Provider reserves the right to exclude a person or persons from the photo booth and/or DJ service if the provider or attendants considers that person to be a danger to themselves or any persons, or potentially damaging to the Provider’s equipment or the venue. To be clear, this includes guests that are grossly intoxicated or behaving in an aggressive or abusive manner towards the provider's employees or attendants.
Severance and parol evidence rule
Should one or more of the clauses or sub-clauses in this agreement be deemed ineffective. The Parties agree that that clause or sub-clause may be struck out and the remainder of the agreement still be in force. This agreement is the whole agreement. Earlier agreements or verbal statements, including pre-contractual statements will not be binding except for where such agreement is provided for in this agreement.
This Agreement is governed by the laws of New South Wales, Australia. The Parties acknowledge that direct negotiation should be the first process of dispute resolution. Should it be mutually agreed, the Parties may seek to have a dispute heard by an arbitrator whom the Parties each accept and whose decision will be binding. In the event there is no satisfactory outcome, the Parties agree to have matters heard in the courts of New South Wales.