Definitions

For the purpose of this agreement, the following words shall have the following corresponding meaning:

 

1. ‘The Owner’ means SNAP/SNAP (ABN: 79 580 769 564)

2. 'SNAP/SNAP' refers to the sole trader NGUYEN, DANNY TAI.

3. ‘The Hirer’ means the person, firm, partnership, company or other body which is hiring the Goods, as specified in the booking order form.

4. ‘The Goods’ means a SNAP/SNAP photo-booth or SNAP/SNAP photo-booths

5. ‘Claims’ means any legal assertions or demands

 

Hiring 

1. By paying any part of the invoice the Hirer is also agreeing to the Terms & Conditions.

2. Deposits for securing the Hirer's date are non-refundable.

3. Fancy dress props (if used) must be in good order at the end of the event, otherwise a cleaning/replacement charge may apply.

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Space and Power Requirements 

1. GIFBOOTH – 1m x 1m minimum floor space

2. OPENBOOTH – 2m x 2m minimum floor space 

3.  GLAMBOOTH – 2.4m x 2m minimum floor space 2.7m minimum ceiling space 

4.  360BOOTH – 3m x 3m minimum floor space

5. Access to 240v 10A power source within 3m of the setup location. 

Privacy

1. SNAP/SNAP will not sell the Hirer’s details to any third party and will take reasonable measures to ensure client details remain confidential.

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Hiring, Delivery, Service and Extra costs 

1. Delivery, set up and removal of the photo-booth are free of charge within a 25km radius of the suburb of Mawson Lakes, SA. A travel surcharge will apply to events outside of this radius.

2. Delivery, set up and dismantling of the Photo-booth will be outside the rental period. Confirmation of the venue's approval and its placement within the venue is the responsibility of the Hirer.

3. SNAP/SNAP Agrees to have a photo-booth operational for a minimum of 80% of the hire period or a discount will apply. A shutdown period may or may not be necessary for maintenance or replenishing of ink and paper.

4. Outdoor photos can differ greatly in quality depending on outdoor conditions, as lighting conditions cannot be controlled.  SNAP/SNAP will take all measures to provide but cannot guarantee a consistent image quality throughout the duration of hire for an outdoor event.

5. The Photo-booth will be in operation for a maximum of 6 hours, however the usage of the booth must seize before midnight of day of the event.

6. Delivery, set up will be included in the hire price so long as the specified time of delivery and setup is no longer than 1 hour prior to the start of hire. If the specified time of delivery of setup and hire exceeds an hour prior to the event, the cost of delivery and setup will be charged $30 for every early hour unless otherwise agreed upon by SNAP/SNAP.

7. If the equipment must be carried up the stairs, SNAP/SNAP support staff will require physical assistance. If assistance cannot be provided an inconvenient setup fee of $30 may apply.

8. Free venue parking is assumed in the quoted pricing structure, if a free park is unavailable and paid parking is the only reasonable option for proper setup, an invoice for parking will be forwarded after the event.

Use of Images

1. Unless otherwise mutually agreed by the parties in writing, the Hirer grants SNAP/SNAP 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 Goods during the hiring period for the purpose of the Owner’s marketing and advertising. 

2. SNAP/SNAP 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.

Indemnification 

1. SNAP/SNAP 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, power outage or interruption of service, communication outage, failure by a service provided to us to perform, fire, theft of equipment, threatened or actual act of terrorism, natural disaster, or war. 

2. The Hirer agrees that in all circumstances, the liability of SNAP/SNAP is limited to an amount equal to the booking cost. SNAP/SNAP will not be liable for indirect or consequential damages.

3. SNAP/SNAP will not be held liable for any failure to provide service caused by a technical issue that was not reported to the Owner within a reasonable time. The Hirer/or their guests are expected to promptly report any technical issues to SNAP/SNAP, and failure to do so may result in the Hirer assuming liability for any damages or losses that result from such technical issues. The determination of what constitutes a reasonable time for reporting technical issues shall be at the sole discretion of SNAP/SNAP. By using the Owner's service, the Hirer agrees to be bound by this term/condition and acknowledges that the Owner shall not be held responsible for any losses or damages resulting from failure to report technical issues in a timely manner 

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Risk and Insurance

1. The Hirer 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 Hirer 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 the Owner as a result of not being able to hire the Goods after the Hire Period.

The Hirer acknowledges that:

1. the Goods are at the sole risk of the Hirer and the Owner is not liable for any Claim the Hirer may incur or that may arise from any cause including any fault or other defect in the Goods: and

2. the Owner is not responsible for, and is released from all liability in respect of all such Claims.

Indemnity

1. The Hirer accepts full responsibility for, and indemnifies the Owner against all Claims:

2. in regards to any injury to persons, or damage to property, arising from the use of the Goods and the provision of the Additional Services during the Hire Period however arising; 

3. As a result of, or in conjunction with, a breach or non-conformance to this Agreement or any of the Hirer’s obligations under this Agreement; or

4. As a result of, or in conjunction with, the Owner exercising its rights under clause 3. 

5. The Hirer 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

Miscellaneous

1. SNAP/SNAP 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.

2. Although an attendant is not required for the use of the Photo-booth due to its simple interface, at minimum an approved operator will be on standby nearby during the hire period.

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