Contract
Magic Moments Photo - Booth Rental Terms and Conditions
The following contract and its terms will set forth an agreement between Magic Moments Photo Booth, a duly registered business by the Australian Securities and Investments Commission (ASIC) with ABN 97 449 645 182) (herein referred to as “Provider”) and the person whose name appears at the bottom of this page (herein referred to as “Client”) conforming this document. This written contract sets forth the full, written intention of both parties and supersedes all other written and/or oral agreements between the parties.
Magic Moments Photo Booth agrees to have a photo booth operational for a minimum of 80% during the number of hours agreed upon timeframe. Occasionally, operations may need to be interrupted for maintenance of the Photo Booth, changing of printer cartridges and/or photo papers or for required breaks.
01. VENUE REQUIREMENTS
Please communicate with the venue coordinator that we require the following:
• 3 meters x 4 meters flat space
• a solid floor
• 230v, 10 amps, 3-prong outlet from a reliable power source within 10 meters (along a wall) of the set-up area. The power source must be free of all other connected loads.
(Feel free to share our contact information with the event coordinator if there are any questions. For clarification, please SMS Louie at 0425 831 364 or 0472 762 296.)
02. DATE CHANGES & CANCELLATIONS
Any request for a date change must be made in writing at least sixty (60) days in advance of the original event date. Change is subject to photo booth availability and receipt of a new Service Contract. If there is no availability for the alternate date, the booking fee shall be forfeited and event cancelled. Any cancellation occurring less than sixty (60) days prior to the event date shall forfeit all payments received. Any refunds do not include booking fee which is non-refundable.
03. OUTDOOR VENUES/FACILITY
If your event venue is located outdoor/open/garden area, please advise the event coordinator that we must be in a spot that:
• Must have safe access to power outlets,
• Must be paved or grassy surface – no dirt and muddy area, please!
• Protected from extremes of rain, wind, heat and cold and direct sunlight.
Our attendants should be at the booth throughout the event. Extreme weather conditions that risk health and safety is not acceptable.
Exposure to excessive heat or moisture could also result in damage to our equipment and would not work properly as designed.
You pay for our services to add FUN AND EXCITEMENT at your event, so please: no dark corners, hallways or corn fields.
If you are unable to comply with these specifications, our operations might be hampered, and we could not work well as expected. If conditions change during an event that prevents safe usage of unit or puts attendants at risk of health and safety, we will leave the event and NO refunds will be given.
04. ABOVE GROUND FLOOR LOCATIONS/VENUES
If your event location is above the ground floor or on a high ground area, please make sure there is available lift or ramp accessibility to your venue. The photo booth equipment weighs more than 60kls and would be risky to health and safety of our staff if carried through the stairways. We reserve the right to cancel the event if this requirement is not met and our health and safety are at risk.
05. IDLE HOURS
Client can arrange with the Provider for idle hours at an additional cost of $50.00 an hour. (An example of idle hour is when the booth is booked for 4 hours, where the booth is operational from 5:00pm-6:00pm and from 7:00pm-10:00pm. Between 6:00pm–7:00pm, the booth is IDLE – at the client’s request. This is usually during meals or speeches. This must be arranged no later than 2 weeks prior to the event date.)
We will arrive an hour prior to the service start time and depart 30minutes to an hour after the service end time. If we will be required to arrive or depart outside of these frames, idle hours will be charged as well.
06. DAMAGE TO PROVIDER’S EQUIPMENT
Clients hereby acknowledge that they shall be responsible for any damage or loss to the Provider’s equipment caused by:
a. Any misuse of the Provider’s equipment by Client or its guests (invited or uninvited).
b. If excessive damage or theft occurs, the client acknowledges responsibility and will make compensation.
c. Provider reserves the right to decline service to client’s guests (invited or uninvited) for misuse or any unruly behavior.
07. DRESS CODE
We will dress appropriately with our uniform for your event. In case you have a special request for a different dress code for some reason, please let us know for us to prepare. However, some requests may not be suitable for us or might incur additional costs such as formal tuxedos, specialty costumes, etc. We will do our best to accommodate these requests and each request will be dealt with on a case-by-case basis.
08. REFUSAL/DISRUPTION OF SERVICE
The client shall provide crowd control if required or when requested. We reserve the right to refuse service and/or depart from the venue before the agreed time of completion if:
a. The attendants are harassed, threatened, or physically/verbally abused by Client or any guests; and/or,
b. The equipment is damaged by Client/guests.
If service is disrupted due to any of the above situations, NO refund will be given.
09. AREAS OF COVER
We provide service within the Adelaide metropolitan areas and neighbouring suburbs. However, we may charge a fee of $1.00 per kilometre beyond the 70-kilometer cover if the venue is outside of this radius. We may charge also for accommodation if we need to stay for the night after the event. Please contact us for arrangement if this will be your case.
10. MEALS
Client also agrees to provide supplier meals for both of our attendant and roadie assisting the setup and teardown of the booth, when necessary.
11. PAYMENTS: Deposits and Final Payments
A non-refundable booking fee of $200.00 is due upon signing of this contract. The event is only reserved once the booking fee is received. The remaining balance is due no later than 1 week before the event date. If the balance has not been collected by this due date, Provider reserves the right to cancel the event upon 2 notices to the client. If payment is through bank transfer, please contact us for the details. If payment is via check, please make your check payable to: LORETO TROCIO
12. 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 “Client” 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, Client agrees to solve any arguments via settlement. In the event Provider is unable to supply a working Photo Booth for at least 80% of the Service Period, Client shall be refunded a prorated amount based on the amount of service received. If the printer fails to print out photos on site, Client can order prints of photos free of charge with free shipping. Provider will also give electronic copy of all the photos taken in a USB thumb drive free as part of the package.