Terms & Conditions

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SERVICE PERIOD
The Service Period (Date and Time) will be confirmed via email. Provider agrees to have the photo booth operational for a minimum of 80% during this period; occasionally, operations may need to be interrupted for maintenance of the photo booth (changing photo paper, adjusting camera, adjusting lighting, adjusting printer, etc).

PAYMENT
A non-refundable $200 AUD deposit is due upon signing of this contract via Cash, Credit Card, or PayPal unless otherwise agreed upon via email. The remaining amount is due 14 days prior to the Client’s event unless otherwise agreed upon via email. Should event be booked within 14 days of the event date, full payment is due upon signing of this contract unless otherwise agreed upon via email. The date will be reserved once a signed contract and deposit or full balance are received.

ACCESS, SPACE & POWER FOR PHOTO BOOTH
Client will arrange for an appropriate space for the photo booth at event’s venue. The photo booth requires a dry and level floor space of at least 3m x 3m x 3m. Client is responsible for ensuring power is available for the photo booth. The photo booth requires a 220V outlet from a reliable power source within 6 meters (along a wall) of the setup area. The circuit must be free of all other connected loads. Any delay in the performance or damage to the photo booth equipment due to improper power is the responsibility of the Client.

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. Bookings cancelled more than 30 days prior to the event will forfeit their deposit. Any cancellation occurring less than thirty days prior to the event date will be charged the complete booking fee.

EXTRA TIME / ADDITIONS
The event schedule and selected methodology are designed to accomplish the goals and wishes of the Client in a manner enjoyed by all parties. Client and Provider agree that cheerful cooperation and punctuality are therefore essential to that purpose. Services commence at the scheduled start time. Additional time can be requested at a per hour rate, billed upon request.

DAMAGE TO PROVIDER’S EQUIPMENT
Client acknowledges that Client shall be responsible for any damage or loss to the Provider’s Equipment caused by any misuse of the Provider’s Equipment by Client or Client’s guests (invited or uninvited) or by any theft or disaster (including acts of god, but not limited to fire, flood, or earthquake).
Client acknowledges Provider shall have the right to decline service to Client’s guests (invited or uninvited) for misuse, inappropriate photos, or unruly behavior that may or may not result in the damage of Provider’s equipment.

REFUSAL OF SERVICE/ DISRUPTION OF SERVICE
Provider and its photo booth attendants (Agents) reserve the right to immediately refuse service, pack up, and/or depart the venue without a refund due to any of the following occurrences:
(a) Provider and/or its Agents are harassed, threatened, assaulted, or abused by any guests (invited or uninvited) or patrons of the venue
(b) The equipment is damaged by guests (invited or uninvited) or patrons of the venue

OUTDOORS SERVICES
We do allow services for our guests who opt for an outdoor event. However, the additional requirements must be met:
(a) Photo booth setup must be in an area guaranteed to be totally dry, including in the event of an act of God such as storm, flood, and or in a remote area to avoid damage by fire
(b) The area must be level paved or grassy (even grass and no mud or dirt)
(c) The area must be protected from extremes of wind, heat and cold, and or direct sunlight
(d) The area must not be too dark to ensure quality of photographs
Outdoor services must meet these additional requirements to ensure the safety of Provider’s equipment as well as the quality of services for the Client and their guests. If these specifications are not met, Provider may not be able to operate. If conditions change during an event, Provider may have to pack up and leave. If such is the case, no refunds will be distributed.

CHILDREN UNDER 12
Provider and its Agents reserve the right to enforce a “Children Under 12” policy in order to insure the safety of the photo booth equipment as well as the safety of guests (invited or uninvited) and other patrons of the venue. This policy requires children under 12 to be accompanied by an adult near or in the photo booth area. The adult need not be in the photo with the child or children but must be present in a supervising capacity.

INDEMNIFICATION
Client agrees to, and understands the following:
(a) Client will indemnify the Provider against any and all liability related to Client’s event during or after Client’s event. Client will indemnify Provider from the time of service and on into the future, against any liability associated with Client or Client’s event.
(b) Client 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 Client’s event.

LIMITATION OF LIABILITY
In the unlikely event of severe medical, natural or other emergency, it could be necessary for Provider to substitute a different employee. Provider will make every effort to secure a replacement for the event. If the situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments, including initial Deposit.

RELEASE
The Client gives the Provider the right to use the photographs and videos from the Client’s event in all forms in all manners, including but not limited to the Provider’s portfolio page and or website.
We realise some clients of ours as well as others wish the photos to remain private and will not publish any photos if advised. We’d love to use your photos on our website but understand your privacy. Client agrees to, and understands the following: All guests using the photo booth hereby give The Flash Mob the right and permission to copyright and use, photographic portraits or pictures 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, Client hereby agrees to release and discharge The Flash Mob 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.

GOOD FAITH AND FAIR DEALING
In the event of any dispute, claim, question, or disagreement arising from or relating to this agreement or the breach thereof, the parties hereto shall use their best efforts to settle the dispute, claim, question, or disagreement. To this effect, they shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. If they do not reach such solution within a period of 30 days, then upon notice by either party to the other, all disputes, claims, questions, or differences shall be finally settled by arbitration administered by the Australian Disputes Centre (ADC) in accordance with the provisions of its ADC Rules for Domestic Arbitration.

ARBITRATION
Any dispute, controversy or claim arising out of, relating to or in connection with this agreement, including any questions regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration administered by the Australian Disputes Centre (ADC). The arbitration shall be conducted in Sydney in accordance with the ADC Rules for Domestic Arbitration operating at the time the dispute is referred to ADC (the Rules). The terms of the Rules are hereby deemed incorporated into this agreement. This clause shall survive termination of this agreement.

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 arbitration. For the purposes of this agreement, email will be considered writing however will not constitute a binding agreement without this agreement in place.
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 during the full duration of the event, the Provider will issue a full refund. The Provider will be allowed to give a website link to the Client where their guests can log onto to download the digital files for their own use. The Provider will print 1 set of copies of the photos from the event and provide it to the Client after the event, if the printer fails.