SA BOUTIQUE PHOTOBOOTHS TERMS OF HIRE
The following contract and its terms will set forth an agreement between the provider and the customer for the hire of the mirror photo booth. The written contract sets forth the full, written intention of both parties and supersedes all other written and/or oral agreements between the parties.
Booking Fee
1. A Booking Fee of $250 is required at the time of booking our mirror photo booth with the remaining balance to be paid no later than 14 days prior to your event. Booking fee is non-refundable if cancellation by you occurs
2. The booking fee is firm and is not subject to any variation. Any payments you make to SA Boutique Photobooths are protected by our 100% money back guarantee in the event of a non- performance or appearance.
Parking
1. Any parking fees assigned to the Photobooth attendant’s vehicle in the course of delivering the photobooth, remaining at the venue to operate the photobooth and removing the photobooth at the end of the booked period are to be covered by the hirer. This will be an estimated cost based upon the charges of the venue in which the operator’s car will be held within and client will be advised of these costs before invoice is to be paid.
Payment
1. If the operator uses the equipment for a time period in excess of the service period agreed, the average in rental time will be billed to the customer at $170.00 per hour (or part thereof). Idle Hours are charged at $50 per hour. Payment for any overage in time must be paid before additional hours are provided.
2. Your final Payment is non-refundable unless SA Boutique Photobooths do not provide a photo booth hire for you.
3. SA Boutique Photobooths cannot be held responsible for unforeseen delays at the venue, which are out of our control and so if a non service is provided because of those delays, full payment will still be required for the hire of our services.
Service Period
1. Provider agrees to have the
photobooth hired for that service period operational for a minimum of 80%
during this period, as operations may need to be interrupted for maintenance.
2. In the event Provider is unable to supply a working mirror photo booth for
at least 80% of the Service Period, Customer shall be refunded a prorated
amount based on the amount of service received (this is $150 per an hour, or
the percentage of, using this figure).
3. Spare equipment will be supplied with the booth subject to availability. If the printer fails to print out photos on site the Provider will be allowed to give a web site to the customer where their guests can log onto and download prints
4. If no service is received, Provider’s maximum liability will be the return of all payments received from Customer.
Our
Requirements/Workplace Health and Safety Requirements
1. Customer will arrange for a clean, flat, dry and smoke free area of appropriate space for the mirror photo booth at the events venue (3m wide x 3m long x 2.5m high) which includes space for a long table. Customer is responsible for providing power and to ensure there is one normal power outlet within 10 metres for the photo booth and to notify venue that we will be setting up at agreed time as stipulated in the contract. Customer is required to notify venue that we require 1 chair for our staff and to have it provided on the day of service provided.
2. If the photobooth is to be setup outdoors, the booth and attendant will require sufficient protection from the elements, in the form of sufficient opaque overhead and side cover on at least 2 sides, to afford protection from the rain, humidity, wind and sunlight.
3. It will be the customer’s responsibility to ensure their venue function coordinator or private function coordinator is made aware of these requirements and can accommodate them.
4. To protect your photo album and the props, drinks are not allowed on the props/album tables.
Props
1. No props are to be removed from the designated photobooth area and any lost or stolen props will be charged to customer on final invoice.
2. We agree to supply a wide range of props for our customer and their guests to use at their booked event. We reserve the right to withhold or remove all or certain props from use if the attendant considers they are being damaged, mistreated or continually removed from the photobooth area. Children under the age of 10 must be supervised by an adult when operating the photobooth or using the props.
Date changes and cancellations
1. Any request for a date change must be made in writing at least thirty days in advance of the original event date.
2. Date change is subject to mirror photo booth
availability and receipt of a new booking contract.
If
there is no availability for the alternate date, the deposit shall be forfeited
and event cancelled.
Any cancellation will forfeit any deposit payment
made or if no deposit made then 20% of the invoice is due if outside the
cooling off period of 5 clear business days from date of confirmed booking.
3. In the event that the Customer cancels the event without prior request to
the provider, the customer agrees that they are liable for the full payment of
the invoice.
4. If SA Boutique Photobooths has not received final payment for booking at least 24 hours before the booked date, SA Boutique Photobooths will deem that as a cancellation on behalf of the customer/hirer and all monies paid to date will be forfeited.
Force Majeure
1. SA Boutique Photobooths will not be liable for
failing to perform under the agreement by the occurrence of any event beyond
our reasonable control, including a labour disturbance, fire, threatened or
actual act of terrorism, natural disaster, extreme weather, events (including
but not limited to flooding, cyclones, earthquakes, which events might prevent
the photobooth attendant from reaching the venue or to perform his/her duties
whilst at the venue), or war.
Change to booking details
1. Any change to booking details such as venue, number of expected guests,
template design, etc must be made in writing at least fourteen days in advance
of the event date to allow for preparation and planning. If final
number of PAX/guests is greater than 200 per booth booking, this will incur an additional
paper charge.
Damage
to provider’s equipment
1. Customer acknowledges that they shall be responsible for any damage or loss to the Providers equipment caused by any misuse of the Providers equipment by Customer or its guests.
2. SA Boutique Photobooths cannot be held in any way liable if equipment or accessories failure or damage (including electrical, water or liquid damage) is due to any negligence, an act or fault on the part of any venue or venue staff or is due to any negligence, act or fault on the part of any customer or customer’s guest or other person using a SA Boutique Photobooths Photobooth at your event/function, which negligence, act or fault, wilful or accidental in turn prevented the successful completion of the agreed to SA Boutique Photobooths services and all damage to be responsible by customer and liable to be paid for by customer.
Security Statement
1. Our banking details for direct deposit will be
noted on your invoice and should not change at any time. If you receive any
emails purporting to represent SA Boutique Photobooths, listing changes to our
banking details, please contact Diana from SA Boutique Photobooths by phone
before making any payments. We will not be held liable for any payments made to
the wrong location or bank account.
Indemnification
1. Customer agrees to, and understands the following:
a) Customer will indemnify provider against any and all liability related to
Customers Event during or after Customers event. Customer will indemnify
Provider from the time of service and on into the future, against any liability
associated with the Customer.
b) Customer will indemnify Provider against any and all liability associated
with the use of pictures taken within the mirror photo booth its
representatives, employees or affiliates at Customers event.
c) In the unlikely event of your digital images being corrupt, lost or stolen,
SA Boutique Photobooths will compensate up to the total value of $250.
Customer agrees to, and understands the following:
All guests using the mirror photo booth hereby give SA Boutique Photobooths: The right and permission to copyright and use, photographic portraits and pictures of any mirror photo booth user who may be included intact or in part, made through any and all media now or hereafter known for illustration, art, promotion, advertising, trade, or any other purpose.
In addition I, hereby release, discharge and agree to save SA Boutique Photobooths, from any liability, that may occur or be produced in the taking of said picture or in any subsequent processing thereof, as well as any publication thereof, including without limitation any claims for liberty or invasion of privacy.
If there are any guests that are not allowed to
have their photo published, the customer must inform us in writing at least 14
days prior to date of service hire.
Privacy Policy
We, at SA Boutique Photobooths
treat the privacy of our visitors with the highest importance. This policy
details the measures we take to preserving and safely guarding your privacy
when you visit or communicate with our site or personnel. The Privacy
Policy here has been approved and provided by the legal advice resource
Legal Aid.
1. We will not store any credit or debit card details.
2. A detailed explanation of how we may store or otherwise use personal
information about you is explained in this Privacy Policy.
3. Regular updates of the Privacy Policy are completed, requiring you to check
back on this Policy from time to time.
4.1 Information
Collection
Operation of this site may require collection and processing of the following
data:
1.2 Visit details to our site or any resources used on our site are not
limited to just location and traffic data, weblogs or other communication
information.
4.3 Information given to us when you contact us for any reason.
4.5 Data offered by filled out forms on our site, like a registration or
purchase.
5. Cookies
5.1 Our advertisers and us may have the occasion to collect information in
regards to your computer for our services. The information is gained in a
statistical manner for our use or advertisers on our site.
5.2 Data gathered will not identify you personally. It is strictly aggregate
statistical data about our visitors and how they used our resources on the
site. No identifying personal information will be shared at any time via
cookies.
5.3 Close to the above, data gathering can be about general online use through
a cookie file. When used, cookies are automatically placed in your hard
drive where information transferred to your computer can be found. These
cookies are designed to help us correct and improve our site’s services or
products for you.
5.4 You may elect to decline all cookies via your computer. Every
computer has the ability to decline file downloads like
cookies. Your browser has an option to enable the declining of
cookies. If you do decline cookie downloads you may be limited to certain
areas of our site, as there are parts of our site that require cookies.
5.5 Any of our advertisers may also have a use for cookies. We are not
responsible, nor do we have control of the cookies downloaded from
advertisements. They are downloaded only if you click on the
advertisement.
6. Your Information and how it is
used
6.1 Primarily, we collect and store data about you to help us provide better
service and products to you. The following are purposes we may use your
information for:
6.2 At any time you request information from us via a form or other
electronic transmission we may use your information to fulfill that request
relating to our services and products. We may also communicate with you
on other products or services you may find of interest, only when consent has
been provided.
6.3 Contracts we make with you create a commitment, which may require
contact or use of your information.
6.4 We have the right to notify you of changes to our website, products or
services that could affect our service to you.
6.5 Information on products or services similar to those of an existing
consumer purchase may be communicated to you. The information sent to you
in a communication will be similar to the subject of a recent sale.
6.6 We may also use your information or allow a third party use of this
data, to offer you information about unrelated products or services you may be
interested in. We or third parties can only communicate if you have consented
to such communication and data use.
6.7 New consumers can be contacted by our website or third parties only if
consent has been granted, and only for those communications you have granted.
6.8 An opportunity for declining your consent is provided on our
site. Use this opportunity to withhold your details from us or third
parties, regarding data we may collect.
6.9 Be aware we do not reveal identifiable information about you to our
advertisers, though we may at times share statistical visitor information with
our advertisers.
7. Storage of Personal Data
7.1 The Australian Economic Area is large, but we may have to transfer
data outside of this area. If data is transferred outside the Australian
Economic Area it will be for storing and processing. Any processing staff
operating outside this area may belong to our website or a supplier, in which
they can process or store your information. An example: to process and
complete your sale or offer support services we may have to go outside the
Australian Economic Area for the transfer. When you click submit of your
payment details, personal information or other electronic communication you
agree to the transfer for storage and processing. We take all necessary
steps for security known to be in agreement with the Privacy Policy found here.
7.2 Information submitted by you is stored on secure servers we
have. Any payment or transaction details will be encrypted for full
safety measures to be in use.
7.3 As you know, transmission of data on the internet is never guaranteed
regarding safety. It is impossible to guarantee your safety with
electronic data and transmission. You are therefore at your own risk if
you elect to transmit any data. When offered you may create a password,
but you are responsible for keeping it confidential.
8. Information Sharing
8.1 Third party disclosure may be necessary in regards to personal
information:
8.2 A sale of our business or its assets, in full or part, to a third
party may require personal data sharing.
8.3 Legally, we may be asked to share and disclose data details.
8.4 To assist in reducing credit risk and fraud protection.
9. Third Party Links
Links on our site that belong to third parties may be found. These
websites have their Privacy Policy, which you agree to when you link to the
site. You should read this third party policy. We do not accept
claims of liability or responsibility in any way for these policies or links,
as we have no way to control the third party sites.
10. Accessing Information
The Data Protection Act 1998 provides you with the right to access the
information that we collect about you. Please note any demand for access may be
subject to a fee which covers our costs in providing you with
the data requested. The contact information below needs to be used to request
access about details we collect and store on you.
11. Contacting Us
SA Boutique Photobooths will not sell your personal details to any third party
and will take all reasonable measures to ensure that your personal details
remain confidential.
We welcome any queries, requests you may have
regarding this Privacy Policy, or comments. Please do not hesitate and feel
free to contact us at hello@saboutiqueboxes.com.au
Miscellaneous
Terms
If any provision of these terms shall be unlawful, void, or for any reason unenforceable under Contract Law, then that provision, or portion thereof, shall be deemed separate from the rest of this contract and shall not affect the validity and enforceability of any remaining provisions, or portions thereof.
This is the entire agreement between Provider and Customer relating to the subject matter herein and shall not be modified except in writing, signed by both parties.
In the event of a conflict between parties,
Customer agrees to solve any arguments via arbitration.
Provider is not responsible for any consequential damages or lost opportunities
upon breach of this agreement. We hold the right to edit these terms and
conditions at any time.
Travel and Accommodation
A travel surcharge will apply to events located more than 70 kms from Morphett Vale, South Australia. The customer will be responsible to pay overnight accommodation at a Motel if event is greater than 1.5 hours drive from Morphett Vale, SA and event finishes after 11pm at night. If there is no Motel accommodation, a nearby Hotel or BnB will be accepted. This booking is for the SA Boutique Photobooth host. Travel fee will be determined based on Km’s needed to travel but will be a minimum of $50.