Terms and Conditions of Booking – Melbourne 360 Booths Pty Ltd (ABN 94 591 553 518)

Thank you for choosing MELBOURNE 360 BOOTHS PTY LTD (ABN 94 591 553 518) (hereafter “our, we, us”) for your Booking.

This is an Agreement under which you (hereafter “the Client, you, or your”) agree to use the Goods and Services (the “Terms”) supplied by us. Please read these terms carefully upon booking with us or using our Goods and Services. These Terms are important because they set out your rights and obligations as the Client, including details of your Booking Date, and your use of our Goods and Services at your designated event (the “Booking”, “Booking Date”).

1. Confirmation of Booking

• Your Booking is confirmed once you have agreed to these Terms by signing them via our online booking system.
• If you do not sign the Terms but proceed to use our Goods and Services or direct us on how the Goods and Services are to be provided, you agree to be bound by these Terms.
• This agreement supersedes any prior arrangements or agreements.

2. Scope of Services

We provide entertainment goods and services, including but not limited to:

• 360 video booths;
• Print and digital photo booths, backdrops, red carpets;
• Coordination, planning, and setup/pack down of the above.

(Collectively referred to as “Goods and Services”)

3. Non-Refundable Deposit

• A non-refundable deposit of $100 is required to confirm your Booking Date.
• By paying the deposit, you agree and accept its non-refundable nature, which covers:
  • Securing the date,
  • Client consultations and admin,
  • Research, quoting, licensing, rent, and insurance,
  • Ongoing client management.
• You acknowledge that we may decline other work for that date once your booking is confirmed.

4. Payments

• Final Payment is due 7 days prior to the Booking Date.
• All parties signing this agreement are jointly and severally liable for payments.
• Payments are made via direct deposit or credit card.
• Overdue payments will incur collection costs, including legal and debt recovery fees.
• All prices are GST exclusive, unless stated otherwise. GST will be added where applicable.

5. Changes to Prices and Packages

Price adjustments may occur if:

• The scope of work exceeds what was originally agreed upon.
• The scale or nature of the event changes.
• You change your mind on agreed elements, requiring us to perform additional work.

6. Cancellation or Postponement

Cancellation Schedule:

Postponement Schedule:

• Postponement allowed only once and within 12 months of the original date.
• No refund is provided for weather-related disruptions unless they fall under Clause 17 (Force Majeure).
• Indoor backup plans are the client’s responsibility.

7. Additional Hire Time

• Extra hours charged at:
  • $150/hour (Digital/Print Photo Booths)
  • $250/hour (360 Video Booths)
• Overage fees must be paid before extra hours are provided.

8. Service Delivery

• We aim to have services operational for at least 85% of the agreed time.
• If less than 85% of service is provided, a pro-rated refund applies.
• If no service is delivered, our liability is limited to a full refund of payments received.
• No liability for consequential damages or lost opportunities.

9. Access, Space, and Power Requirements

• Space must be flat and stable.
• For outdoor events, full weather protection must be provided.
• A dedicated 3-prong power outlet must be within 15 metres of the setup.

10. Image Delivery

• Photos will be delivered within 7 business days post-event via online gallery.
• Images are watermark-free and can be shared for personal use.

11. Damage to Equipment

Client is responsible for any damage due to:

• Misuse by the Client or guests,
• Theft, weather exposure (rain, wind, heat, hail),
• Failure to provide proper cover for outdoor use.

12. Intellectual Property

• We may use event images for marketing purposes.
• You grant us a royalty-free licence to use event images.
• Commercial use of images by clients/guests without consent is prohibited.
• Use of website content is protected by copyright laws.

13. Model Release

• You grant us full rights to use and edit images for any editorial or promotional purpose.
• You must obtain consent from guests appearing in photos.
• Notify us in writing if you do not want names or images published.

14. Cooperation and House Rules

• You agree to follow all reasonable instructions from our team.
• You are responsible for obtaining venue permissions.
• We are not liable if the venue refuses the Services.

15. Safety

• Illegal or dangerous activity during the event will void the agreement.
• If staff safety is compromised, we may exit the event without refund.

16. Subcontracting of Services

• In emergencies (e.g. illness, accident), we will try to find a suitable replacement.
• If no replacement is available, a full refund will be provided.

17. Warranty, Liability & Indemnity

• Services are provided “as-is” to the extent allowed under Australian Consumer Law.
• No liability for:
  • Indirect or consequential loss,
  • Business loss or reputational damage.
• You indemnify us against:
  • Your acts or omissions,
  • Breach of these Terms,
  • Third-party claims (unless caused by our negligence).

18. Force Majeure

• We are not liable for delays or failures due to events outside our control (e.g., floods, fires, government restrictions).
• We will notify you of such events and attempt to reschedule.
• Cancellation due to mere inconvenience or restrictions does not qualify as force majeure.

19. Entire Agreement

• This Agreement contains the entire understanding between parties and overrides prior terms.

20. Disputes

• Both parties agree to attempt to resolve disputes through negotiation before pursuing legal action.

21. Termination

We may terminate the agreement if:

• You behave in a threatening or harmful manner;
• You fail to cooperate or provide necessary instructions;
• Payments remain outstanding;
• You breach a non-remediable term;
• 14 days’ notice of termination is provided.

You may terminate the agreement if we substantially breach the contract and do not rectify it within 30 days of written notice.

22. Governing Law

• This Agreement is governed by the laws of Victoria, Australia.
• Both parties submit to the non-exclusive jurisdiction of Victorian courts.

23. Severability

• If any clause is unenforceable, it will be severed or read down without affecting the rest of the Agreement.

24. Miscellaneous

• We may assign rights or obligations to third parties.
• You may not assign without our written consent.
• Waiving a term once does not waive future breaches.

25. Execution by Parties

• Where one person signs on behalf of others, they warrant authority to bind all parties involved.
• Corporate bookings must be authorised by an officer of the entity.