Terms and Conditions
TERMS AND CONDITIONS AGREEMENT
Please read the terms and conditions of this Hiring Agreement carefully before signing. By the signing as Customer you confirm your acceptance of the terms and conditions of this Hiring Agreement. If you do not agree with the terms and conditions of this Hiring Agreement you should not sign as Customer.
1. Payment and Deposit
The Customer upon signing this Agreement must pay the booking fee deposit of 20% in order to secure the delivery date to the Venue on the nominated date.
All quotes are valid for only 30 days
Set up and dismantling are included in the quote
At least sixty (60) days prior to the date and time required the Customer shall pay to the Hirer the balance of the hiring fee to the Hirer.
If such payment is not made within the stipulated time, the Customer forfeits the Deposit and the Hirer shall not be obliged to deliver the PHOTO STICKER BOOTH to the Venue.
In the event of the Customer having made payment and desiring to make an alternate booking, the Hirer at its sole discretion may credit the balance of any payment made less the deposit to the Customer.
2. Risk and Insurance
The Customer warrants to the Hirer that the Customer has taken out insurance including public liability insurance for $10 Million for and in respect of the use of possession and use of the injuries to or death of persons and damage to property arising from the use of the PHOTO STICKER BOOTH.
The Customer shall indemnify and hold harmless the Hirer for any losses, damages and claims howsoever arising or incurred in connection with the use of the PHOTO STICKER BOOTH.
3. Operation, Maintenance and Storage of PHOTO STICKER BOOTH
The Customer agrees undertakes that the PHOTO STICKER BOOTH will remain under the Hirer’s control and may only be used in accordance with instructions provided by the Staff Member of Short On Looks and that the PHOTO STICKER BOOTH will remain at the Venue and the Customer further undertakes that the PHOTO STICKER BOOTH will not be removed from the Venue.
In the event of the Customer or any person at the Venue apart from the Supervisor causing damage to the Photo Booth at the Premises either deliberately or accidentally the Customer shall indemnify and pay to the Hirer the costs for any repair losses, damages including consequential loss and damages and related claims howsoever arising or incurred in connection with such damage caused to the Photo Booth at the Premises.
4. Reliance and Warranties
The Customer acknowledges that, in deciding to enter into this agreement, the Customer is satisfied as to the condition and suitability of the PHOTO STICKER BOOTH its fitness for the Customer’s purposes.
Subject to any applicable legislation which prohibits the following exclusions, the Hirer MAKES NO OTHER WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE as to the PHOTO STICKER BOOTH and the Customer acknowledges that the Hirer has not given any such warranty or condition
5. Jurisdiction and Choice of Law
This Agreement is governed by the laws of the State of Victoria and by entering into this Agreement the Customer acknowledges and submit to the exclusive jurisdiction of the Victorian Courts including the Federal Court of Australia and Federal Magistrates’ Court of Australia in the said State of Victoria.
6. Mediation Prior to Commencement of Legal Proceedings
The parties agree that prior to any party instituting legal proceedings there shall be a Referral to Mediation to an independent expert with expertise in the settlement of disputes, and if the parties are unable to agree on the appointment of an expert, that expert is to be nominated by the President for the time being of the Law Institute of Victoria (or its successor).
In attempting to Mediate and determine the dispute:
(a) The expert will act as a Mediator;
(b) The expert may proceed in any manner the expert thinks fit in accordance with usual Mediation principles;
(c) The expert in Mediating will take into consideration all documents, information and other written and oral material that the parties place before the expert including documents, information and material relating to the facts in dispute and to arguments and submissions upon the matters in dispute.
