MUGSHOTS PHOTOBOOTHS - TERMS & CONDITIONS
For the purpose of this agreement, the following words shall have the following corresponding meaning:-
‘The owner’ means Mugshots Photobooths
‘The hirer’ means the person, firm, partnership, company or other body which is hiring the goods, as specified in the booking order form.
‘The goods’ means Mugshots Photobooths
It is agreed between the owner and the hirer in consideration of the owner agreeing to let the goods to the hirer and at the request of the hirer:-
Hiring, delivery & service
1.1 The owner shall let the goods on hire to the hirer and the hirer shall hire the goods from the owner upon these terms and conditions
1.2 The owner shall at its own cost (within the Canberra area) deliver the goods to the site on the delivery date and ensure that the goods are prepared and ready for operation.
1.3 The hirer has obtained necessary permission for goods to be used at the venue.
1.4 The hirer has ensured there is access to an electrical power outlet close to the set up point and that there is sufficient space to set up the Classic photo booth (2m x 1.5m) and 3m x 2.5m for the party booth) on a firm and level surface, undercover.
1.5 The hirer is to ensure clear access to load and unload at the venue and advise the owner of any extraordinary access issues such as stairs, long distances or other difficulties.
1.6 The owner reserves the right to withdraw the service if any abuse or threatening behavior is directed towards staff or if there is a risk of any property belonging to the owner being damaged due to behavior of guests. In the event of such withdrawal of service, no refunds of the hiring fee will be made.
1.7 The owner will not be liable for failing to perform under this agreement by the occurrence of any event beyond our reasonable control.
1.8 The hirer will provide a meal and soft drinks for the attendant.
Booking fee, Hiring fee & Other Money
2.1 The hirer must pay the booking fee on the booking date in order to secure the delivery date and the hiring period.
2.2 The owner will credit the booking fee to the hiring fee.
2.3 If paying by credit card, the booking fee (25% of total cost) will be charged to the Hirer’s credit card once the booking form is received and the remaining balance will be automatically charged 7 days prior to the delivery date unless otherwise agreed upon.
2.4 If paying via internet banking, the booking will only be confirmed once the booking fee is received in the owner’s account and the remaining balance of the hiring fee must be paid seven days prior to the delivery date.
2.5 The owner has the right to cancel delivery/order after seven (7) days prior to the delivery date, if full payment is not honored by the hirer, and retain the booking fee.
2.6 In the event of a mechanical failure or for any reason the owner cannot provide functioning goods, the owners liability is limited to the refund of any monies paid and the owner is not responsible for any consequential damages. If partial services have been provided due to circumstances beyond the owner’s control, then hiring fees can be refunded on a proportional basis.
2.7 Additional hours may be arranged at a rate of $150 per hour and must be paid before or at the event.
Operations, maintenance and storage of goods
3.1 The hirer warrants that it will operate the goods with due care and diligence and in compliance with the instructions and recommendations of the owner as to operation, and indemnifies the owner for any breach by it of the warranty hereby given.
3.2 The hirer undertakes that the goods will be kept at the delivery address in the location recommended by the owner upon delivery and the hirer undertakes that the goods will not be moved or disconnected at any time prior to an event without the owner being present to facilitate this action. If the hirer does so without notice to the owner then the owner is not liable for any malfunction of the performance of the machine (due to a dislodgement of USB hardware for example)
Risk and insurance
4.1 The hirer indemnifies the owner against the loss of or damage to the goods by malicious damage or other acts by the hirer’s guests/clients. And will indemnify the owner and hold the owner harmless from all their losses, damages, claims, penalties, liabilities and expenses (including legal costs) incurred as a result of or in connection with the goods or use of the goods by the hirer.
4.2 The owner shall be entitled to receive payment towards repair or replacement of the goods in accordance with clause 4.1 The owner acknowledges it is insured to cover such damage; however to the extent that such insurance proceeds may be insufficient to pay the cost of repair or replacement of the goods on a like for like basis, the hirer shall pay such deficiency to the owner.
5.1 If the hirer cancels the booking at any time after the booking date, the booking fee will not be refunded
5.2 If the hirer cancels the booking but ensures to make an alternate booking, the owner may credit the booking fee to the new booking, but the owner is under no obligation to do so.
5.3 If the hirer cancels the booking within seven (7) days of the delivery date, the owner may retain the hiring fee
5.4 The owner may cancel the booking at any time without being responsible for loss, provided that the owner must, in such case, refund in reasonable time any booking fee, deposit or hiring fee already paid by the hirer.
Promotional & Social Media use of photos
6.1 Unless agreed otherwise, the hirer should inform guests that the Owner has the right to use any of the images for promotions and to post images on their social media page such as Facebook (note that photos containing nudity will be censored to protect guests privacy). Being photographed in the booth is considered agreement to this term. The Hirer can request no images to be used.
7.1 This agreement shall be governed by and construed in accordance with the laws of the ACT and NSW.
7.2 Mug Shots Photo Booths reserves the right to revise the information and data on its website without notice
7.3 The Hirer acknowledges that during the period of hire the photo booth may require to be temporarily shut down for necessary maintenance (replenishment of ink and paper) and that this maintenance time is deemed as part of the hire period.