TERMS & CONDITIONS
1. Application of Terms and Acceptance
1.1 QT Booth will lease the Photo Booth to the Customer and the Customer will hire the Photo Booth subject to these terms and conditions.
1.2 By completing the booking form and paying the Deposit you are agreeing to and accept these terms and conditions.
1.3 QT Booth will not be bound by any additional or conflicting terms and conditions unless those terms and conditions are expressly agreed to in writing by a Director or authorised person of QT Booth.
2. Hire Period
2.1 The hire period commences at the time and date stated in the booking form. QT Booth will arrive before the hire period is due to commence to set up the Photo Booth. If the Customer requires the Photo Booth to be set up at any alternative time, at the discretion of QT Booth, an additional fee may be charged.
2.2 The hire period will terminate at the time and date stated in the booking form.
2.3 If QT Booth is unable to set up the Photo Booth for reasons beyond the control of QT Booth (including but not limited to QT Booth not being allowed access to the venue, or the Customer’s event is delayed), the hire period on the booking form will still apply.
2.4 If the Customer wishes to extend the hire period then an additional hourly charge of $200 per hour will be charged to the Customer.
3. Prices and Packages
3.1 Prices and packages are subject to change.
3.2 A minimum hire period and charge will apply in accordance with minimum charges listed in the prices and packages list.
4. Deposit & Payment
4.1 A 50% non-refundable deposit of the total invoice is required to secure a booking. The deposit payment forms part of the total payment due for the hire.
4.2 The balance of the invoice will be due 30 days prior to the hire period.
4.3 If the Customer uses the Photo Booth in excess of the hours as specified in the booking form, an additional fee of $200 per hour will apply. QT Booth will invoice the Customer directly for the additional hours and the Customer agrees to pay the invoice within seven days of the date of the invoice.
4.4 The Customer accepts that QT Booth has the right to charge a late payment of 10% per month until the invoice is paid on any balance which is outstanding for more than 30 days.
4.5 All debt collection costs including any legal fees incurred by QT Booth for the collection of any of the Customer’s unpaid invoices will be on charged and payable by the Customer.
5. Access and Use
5.1 The Customer will be responsible for obtaining the consent from the event venue and for ensuring access and power is available at the venue for the operation of the Photo Booth.
5.2 The Customer and QT Booth will agree on an appropriate area for the location of the Photo Booth at the event venue. If the event is outdoors, the Customer will provide covered shelter for the Photo Booth for the duration of the hire period unless agreed to otherwise in writing by QT Booth.
5.3 The Customer, or nominated person, will be present at the delivery address recorded on the booking form to acknowledge receipt of the Photo Booth.
6. Cancellation of Hire
6.1 The Customer may cancel this Agreement at any time up to 14 days prior to the date of the event by providing written notice to QT Booth. QT Booth will refund any monies paid except the Deposit which remains non-refundable.
6.2 Cancellation of the Agreement within 14 days of the event date will result in the full amount of the invoice being forfeited.
6.3 Any request to alter the Customer’s agreed booking date must be made in writing at least 30 days prior to the booking date. Any change of date is subject to the availability of the photo booth on the alternative date.
6.4 If QT Booth cancels this Agreement prior to the booking date, QT Booth will refund all monies paid by the Customer. The liability of QT Booth in cancelling the Agreement will be limited to the total value of the Customer’s booking.
6.5 Threats, threatening behaviour or acts of violence by the Customer or the Customer’s guests, against QT Booth staff or the Photo Booth will not be tolerated. If QT Booth feel threatened or feel the Photo Booth is being misused in a way that is dangerous or is damaging to the Photo Booth, QT Booth reserve the right to cancel this Agreement and usage of the Photo Booth at any time during the Customer’s event. All monies paid by the Customer under this Agreement will be forfeited.
7. Customer’s Responsibilities
7.1 The Customer is responsible for the safety, care and security of the Photo Booth and QT booth’s employee’s at all times during the hire period.
7.2 The Customer warrants that it will operate the Photo Booth with due care and diligence and in compliance with the instructions and recommendations of QT Booth.
7.3 The Customer will assume all risk and liabilities for and in respect of the Photo Booth including any injury of a person or damage to the Photo Booth while the Photo Booth is in the possession of the Customer.
7.4 Smoking is not permitted within 10 metres of the Photo Booth.
8. Loss or Damage of Equipment
8.1 The Customer acknowledges and agrees that is will be responsible for any damage to the Photo Booth or any loss suffered by QT Booth as a result of the action or inactions of the Customer or their guests.
8.2 If the Photo Booth is lost, stolen or damaged beyond repair, the Customer will be responsible for the full replacement cost of the Photo Booth.
9.1 The Customer and all persons using the Photo Booth at the Customer’s event grants QT Booth a non-exclusive, non-transferrable, royalty free licence to use all photos from the Customer’s event for QT Booth’s own use (including for commercial purposes) and may modify the photos in any way for such purpose. The Customer acknowledges and agrees that such uses may include, but not be limited to, the use for advertising and promotional purposes on QT Booth website, social network site and all other forms of media.
9.2 The Customer understands that QT Booth takes no responsibility for people obtaining copies of the photos from the website or social network site.
10. Warranties and Indemnity
10.1 The Customer acknowledges that, in deciding to enter into this Agreement, the Customer has satisfied itself as to the condition and suitability of the Photo Booth and their fitness for the Customer’s purpose.
10.2 The Customer warrants that the Customer, if it is a company, is duly incorporated and has full power and authority to enter into and observe and perform the terms of this Agreement. If the Customer is an individual, has the capacity to enter into and observe and perform the terms of this Agreement.
10.3 QT Booth gives no such warranty as to the condition, suitability or quality of the Photo Booth and the Customer acknowledges that QT Booth has not given any warranty.
10.4 The Customer will indemnify and keep indemnified QT Booth, from and against all losses, liability, expenses and costs which QT Booth incurs (including all legal costs on a full indemnity
basis) concerning any breach of this agreement, or any damage to the Photo Booth or person whether by fire, theft, accident, malicious damage or otherwise, incurred as a result or in connection with the Photo Booth or the possession or use of the Photo Booth by the Customer and their guests.
11.1 If any provision of this Contract shall be found to be void, voidable or unenforceable, the validity and enforceability of the remaining provisions shall not in any way be affected or impaired.
11.2 The headings in this Contract are inserted for convenience only and shall be ignored in construing this Contract.
11.3 Any amendments to these terms and conditions must be agreed to in writing by QT Booth.