For the purpose of this agreement, the following words shall have the following corresponding meaning:-
JSC Means HMTB Pty Ltd trading as Just Say Cheese. (ABN: 28 603 803 872)
- ‘The client’ means the person, firm, partnership, company or other body which is hiring the goods, as specified in the booking form.
- ‘The goods’ means a JSC photo booth and associated items.
- ‘The venue’ means the location or locations at which the goods are to be hired as specified in the booking form.
- ‘he booking date’ means the date of the booking form.
- ‘The delivery date’ means the time and date for delivery of the goods to the venue as specified in the booking form.
- ‘The hiring period’ means the period of time for hiring the goods as specified by the event start time and end time in the booking form.
- ‘The booking fee’ means the booking fee specified in the booking form.
- ‘The deposit’ means the deposit specified in the booking form.
- ‘The hiring fee’ means the fee for hiring the goods as specified in the booking form.
- ‘The services’ means the package service specified in the booking form.
- ‘The booking form’ means the form signed by or on behalf of the client specifying details of, but not necessarily all of, the client, the venue, the delivery date, the hiring period, the hiring fee, the deposit, the booking fee and/or the services.
- It is agreed between JSC and the client in consideration of JSC agreeing to let the goods to the client and at the request of the client.
- JSC shall let the goods on hire to the client and the client shall hire the goods from JSC upon these terms and conditions.
- By paying any part of the invoice including a deposit or by ticking the “I have read and understand the terms and conditions box” on the booking form on the JSC website the client is also agreeing to these Terms & Conditions.
- JSC shall at its own cost, deliver the goods to the venue on the delivery date and ensure that the goods are prepared and ready for operation.
- Such obtaining of delivery, by the client shall, without any further act, irrevocably constitute delivery to and acceptance by the client of the goods under this agreement
- The hiring of the goods under this agreement shall be for the hiring period.
- In addition to the hiring of the goods, JSC will provide the client with the services.
Booking Fee, Deposit, Hiring Fee and Other Money
- A $300 deposit is necessary to secure the goods for the hiring period on the delivery date. Until a deposit is received, a delivery date cannot be confirmed. In addition to the deposit:-
- A $300 security bond is required to cover JSC from damage to the booth and other associated services. The security bond will be refunded to the client within seven (7) business days following the event.
- The outstanding invoice amount and security bond must be paid by the client to JSC earlier than 14 days before the delivery date otherwise the booking will be cancelled and the deposit forfeited.
- If booked within 14 days of the event, a non-refundable full payment must be received to JSC within 7 days of booking.
- If the client requests the use of JSC services in excess of the time noted on the Booking form, this will be billed at $150 for each additional hour or part-hour.(subject to availability of resources such as paper and ink)
- If the client needs the photo booth to be set up more than an hour before the hire time, the clientwill incur a fee of $50 an half hour or part half hour
- Bank deposit, electronic funds transfer (EFT) or cash are the only acceptable methods of payment.
- The client’s obligation to pay all monies payable under this agreement at the times and in the manner herein provided, and JSC rights in and to such money, shall be absolute and unconditional and shall not be affected by any defect in the goods or the condition, operation or fitness for use of the goods or any interruption or other restriction of or against the client’s use or operation of the goods for any reason whatsoever, it being the intention of the parties hereto that the booking fee and other money payable hereunder shall continue to be payable in all events in the manner and at the times herein provided.
All prices are inclusive of GST unless otherwise stated.
Hiring, delivery and service
- Delivery, set up and break down of the Photo Booth will be outside the hiring period. Confirmation of the venue’s approval and its placement within the venue is the responsibility of the client.
- A travel surcharge may apply to get to the venue/s (subject to the venue/location).
- It is the responsibility of the client to provide the employees of JSC a meal of equal quality and quantity as the invited guests of the client, with any booking of a 4 hour hiring period or more.
Cancellations & Changes
- All cancellations will result in the client forfeiting the deposit, however if JSC is notified of cancellation more than 30 days before the delivery date, a credit to the value of the deposit will be given to the client to use for any future booking made within 6 months of the date of cancellation. (A date change is subject to availability)
- Cancellations made less than 30 days of the event date will result in the client forfeiting all payments made to JSC
- A 30 day notice is required of changes to the
- o Hiring period (subject to availability) OR
- o Delivery date (subject to availability) OR
- o Change of venue
- JSC cannot be held responsible for unforeseen delays at the venue.
- JSC may cancel the booking at any time without being responsible for any loss, provided that the client must, in such case, refund in reasonable time any booking fee, deposit or hiring fee already paid by the hirer.
Access, Space & Power requirements
- The client must ensure a safe and appropriate environment is provided for JSC to operate its equipment.
- The client must ensure there is clear access to load and unload at the venue and to let JSC know if there are any circumstances that may cause difficulty for JSC to set up, such as stairs, narrow doorway/s, need to park far from entrance, pebble driveway, etc. If such complications are not made known to JSC, set up may run into the hire time.
- Access is required at the back of the booth at all times by JSC
- Access to the internet is required by JSC in the form of Wi-Fi, it is the responsibility of the client to ensure the venue provides JSC with appropriate connection and passwords etc.
- If the venue has no internet connection, services from specified package requiring internet connection will be subject to the availability of Telstra’s mobile internet network, it is the responsibility of the client to ensure that the venue is in Telstra’s mobile internet coverage network.
- If there is no Wi-Fi available at the venue for JSC to utilise a charge of $25 per booking will be included within the final invoice.
- If the venue has no internet connection or is not in Telstra’s mobile internet coverage network area, services from specified packages requiring internet connection will be forfeited with JSC not liable to give a refund or part refund for services inhibited.
- JSC will not be liable for failing to perform any services requiring internet connection due to the amount of “coverage” of Telstra’s mobile internet network.
- The client must ensure:
- The photo booth will be positioned on flat, level ground.
- A minimum space of 3m x 3m x 2.5m high (pending on option of booth hired).
- Access to 240v power within 10m of JSC equipment.
- The JSC photo booth must not obstruct any fire exits or interfere with the venue’s health and safety requirements.
- All doorways and access paths are at least 82cm wide.
- All we need is an undercover area or marquee for nice weather and a stable power outlet or portable power generator. All outdoor events also need to have an alternative indoor area reserved in case of bad weather.
- A survey of the event location may be required if JSC is not satisfied that a suitable location will be provided. This survey may incur an additional fee of $50.
- 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 and use of electricity.
Damage to equipment
- In order to prevent damage to equipment, a $300 security bond is required to cover JSC from damage to the booth, all equipment including props and other associated services.
- JSC reserves the right to deny service to any person.
- The client is responsible for any damage caused by the client or the client’s guests during the event. If damage is caused to the Equipment/Booth, regardless of the degree of damage, all costs associated with the repair or replacement will be paid for by the client.
- If circumstances arise where a threat or implied threat of harm, damage or violence to JSC staff or equipment, JSC reserves the right to cease providing services. If the client is able to resolve the threatening situation within 20 minutes, JSC will resume services. If the situation is unable to be resolved, JSC will not resume providing service and the client will receive no refund of booking fee.
- Any damage to JSC equipment during the client’s hiring period caused by the client, client’s guests or any other person in attendance whether invited or not, will result in the cost to repair/replace the equipment to be deducted from the client’s bond. The client is liable for extra costs if the cost to repair/replace is more than the bond.
Risk and Insurance
- The client is liable for all excess, premiums and other costs associated with any insurance claim in relation to the goods that arises from use by the client or its employees, agents or subcontractors during the hire period and must meet any shortfall in repair or replacement of the goods following payment of any amount received under insurance, including any loss suffered by JSC as a result of not being able to hire the goods after the hire period.
- The client acknowledges that:
- The goods are at the sole risk of the client and JSC is not liable for any claim the client may incur or that may arise from any cause whatever including any fault or other defect in the goods: and
- JSC is not responsible for and is released from all liability in respect of all such claims.
Use of Images
- Unless otherwise mutually agreed by the parties in writing, the client grants JSC an irrevocable right and license (including, without limitation, an intellectual property license) to use and publish in any and all media, all images produced by the photo booth during the hiring period for the purpose of JSC marketing and advertising.
- JSC will not use images which are deemed unsuitable on their website or for advertising and will not use any content that may be personally damaging to any person/s.
- The client, the venue and all guests that use the photo booth during the clients hiring period give JSC permission and the right to use all photos taken by the photo booth/s and photos taken of the photo booth/s including surrounding areas and persons in any photo/s.
- The client will indemnify JSC against any and all liability associated with the use of any pictures taken during the clients hiring period by JSC photo booth/s or by its employees or affiliates.
- The client hereby releases, discharges and agrees to maintain JSC free from any liability arising out of a photo’s publication thereof including, without limitation, any claims for libel or invasion of privacy.
- JSC will not sell your details to any third party and will take reasonable measures to ensure that your details remain confidential.
- JSC may contact the client with future special offers.
Miscellaneous and Indemnification
- This agreement shall be governed by and construed in accordance with the laws of NSW.
- JSC may stop usage of the Photo Booth at any time during the event if they feel that the Photo Booth is being misused in a way that is dangerous to any persons or potentially damaging to the product.
- JSC will not be liable for failing to perform under the Agreement by the occurrence of any event beyond reasonable control, including but not limited to
- A labour disturbance, power outage, or interruption of service, communication outage, and failure by a service provided to us to perform, fire, threatened or actual act of terrorism, natural disaster, or war.
- JSC will not be liable for the behaviour of guests and will not be responsible for their behaviour in front of the image capture device.
- The client remains liable for any hiring fees during the period of repair or unavailability of the goods due to loss, damage, or theft while in the possession or control of the hirer.
- The client accepts full responsibility for, and indemnifies the JSC against all claims in respect of any injury to persons, or damage to property, arising out of the use of the goods and the provision of the additional services during the provision of the additional services during the hire period.
- The client agrees that in all circumstances, the liability of JSC is limited to an amount equal to the booking fee.
- In the unlikely event the printer malfunctions, the photo booth will carry on taking photos and all the photos that were not printed at the event will be printed by JSC and sent to the client free of charge.
- In the unlikely event that the hire time starts later than the agreed time due to reasons of JSC then the agreed finish time will be extended by the amount of time the hire time started late.
- If the hire time starts later than the agreed start time by unforeseen circumstances not controlled by JSC the hire time will finish at the agreed finish time. If under extreme circumstances, JSC cannot attend the event and fulfil their service for reasons such as, but not limited to, a car accident, car breakdown, sickness, equipment failure, the hirer will be contacted as soon as possible, JSC only liability is to give the hirer a full refund.
- The client will indemnify JSC against any and all liability related to the client’s event, due to the use of JSC equipment, any data or photos lost or damaged, or any damage that may be caused to the client’s computer system.
- JSC reserve the right to terminate the hire under the discretion of the attendant