Hiring Agreement
TERMS AND CONDITIONS
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The Provider - The Craig Wallace Family Trust known as Shutterpod.
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The Customer - The person booking Shutterpod for their event.
The following contract and its terms will set forth an agreement between ‘the provider’ and ‘the customer’ for the hire of the photo booth and the associated provisions and services. This 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
The Booking fee is firm and is not subject to any variation except in the event of a change in the customers requirements. In this case a revised fee may be determined by negotiation between the customer and Shutterpod. Any payments you make to Shutterpod are protected by our 100% money-back Payment Guarantee in the event on non - performance or appearance.
PAYMENT
A $275 deposit is required at the time of booking a photo booth, the remaining balance is due 14 days prior to your event. If the operator uses the equipment for a time period in excess of the service period agreed to overleaf, the overage in rental time will be billed to the customer at the following rates: $110 per hour. Idle hours are charged at $55 per hour. Payment for any overage in time must be paid before additional hours are provided. Your deposit and all payments are non refundable however we will move your hire date if required. Your final payment is non refundable unless Shutterpod do not provide a photo booth hire for you.
SERVICE PERIOD
Provider agrees to have a Photo Booth operational for a minimum of 80% during this period; operations may need to be interrupted for maintenance of the Photo Booth.
ACCESS, SPACE & POWER FOR PHOTO BOOTH
Customer will arrange for an appropriate space for the Photo Booth at event's venue. (3m x 3m' wide x 2m high). Customer is responsible for providing power for the Photo Booth.
DATE CHANGES & CANCELLATIONS
Any request for a date change must be made in writing at least thirty days in advance of the original event date. Change is subject to 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. 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.
STAFF AMMENITIES
Shutterpod staff are at an event for an average of 8 hours and it is against company policy for them to leave the reception venue. As a part of our pricing policy, we have not factored food and beverage for staff at your event. It is a request that the customer will provide adequate food (1 x meal) and non alcoholic beverages for the staff members/s. The industry standard is the venue will supply what is left over or available and in some cases, charge between $15 - $30 for this meal, NOT the full per person price.
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TRAVEL AND ACCOMODATION
In the case of the customer’s venue being outside the Gold Coast area (exceeds 200km plus radius from Parkwood, Qld 4214), the customer will be responsible to pay overnight accommodation at a Motel. If there is no Motel accommodation, a nearby Hotel will be accepted. This booking is for the Shutterpod host. For all events greater than 50kms from Parkwood, Qld 4214, travel is required at $1.10 per km.
DAMAGE TO PROVIDER'S EQUIPMENT
Customer acknowledges that it shall be responsible for any damage or loss to the Provider's Equipment caused by any misuse of the Provider's Equipment by Customer or its guests.
INDEMNIFICATION
Customer agrees to, and understands the following:
a) Customer will indemnify provider against any and all liability related to Customer's Event during or after Customer's event. Customer will indemnify Provider from the time of service and on into the future, against any liability associated with Customer.
b) Customer will indemnify Provider against any and all liability associated with the use of pictures taken within the Photo Booth, its representatives, employees or affiliates at Customer's event.
c) The video messaging, email, SMS messaging, Social media uploads, and props are a free addition to the photo booth hire and if for any reason the free additions are not working or unavailable the customer is not entitled to a refund and accepts this.
d) In the unlikely event of your digital images being corrupt, lost or stolen Shutterpod will compensate up to the total value of $150. e) Customer agrees to, and understands the following: All guests using the photo booth hereby give to Shutterpod: The right and permission to copyright and use, photographic portraits or pictures and email addresses of any 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 harmless Shutterpod, 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 libel or invasion of privacy.
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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. In the event Provider is unable to supply a working 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). 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 order prints free of charge with free postage. If no service is received, Provider's maximum liability will be the return of all payments received from Customer. 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.
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