Terms and Conditions

1. Liability and Limitation of Liability:
   
   1. The Company shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages arising from the use of the Photobooth, including but not limited to personal injury, property damage, or loss of data.
   2. The Hirer assumes all risks associated with the use of the Photobooth and shall be responsible for the behaviour and safety of all individuals using the booth.
   3. The Company shall not be responsible for any loss or damage to personal belongings or property of the Hirer or their guests during the use of the Photobooth.
2. Indemnification:
   
   1. The Hirer agrees to indemnify and hold the Company harmless from any claims, damages, liabilities, or expenses (including legal fees) arising out of or related to the use of the Photobooth, including but not limited to any breach of this Agreement or any negligent or intentional acts or omissions by the Hirer or their guests.
3. Maintenance and Care:
   
   1. The Hirer shall be responsible for the proper care, maintenance, and safekeeping of the Photobooth during the rental period.
   2. Any damage caused to the Photobooth due to misuse, negligence, or intentional acts by the Hirer or their guests may result in additional charges or fees, as determined by the Company.
4. Force Majeure:
   
   1. The Company shall not be liable for any failure or delay in performing its obligations under this Agreement due to circumstances beyond its reasonable control, including but not limited to acts of nature, acts of terrorism, fire, flood, or government regulations.
   2. In the event of a force majeure event, the Company may, at its sole discretion, choose to reschedule the Photobooth hire or provide a refund of any fees paid by the Hirer.
5. Intellectual Property:
   
   1. All intellectual property rights related to the Photobooth, including any custom designs or software, remain the exclusive property of the Company.
   2. The Hirer shall not reproduce, modify, distribute, or use any of the Company's intellectual property without prior written consent.
6. Termination and Cancellation:
   
   1. Either party may terminate this Agreement by providing written notice to the other party in the event of a material breach of the terms outlined herein.
   2. In the event of cancellation by the Hirer, any fees paid shall be subject to the Company's cancellation policy, as outlined in a separate document or as agreed upon between the parties.

Termination and Cancellation:

1. Either party may terminate this Agreement by providing written notice to the other party in the event of a material breach of the terms outlined herein.
2. In the event of cancellation by the Hirer, any fees paid shall be subject to the Company's cancellation policy, as outlined below:
   A. The Hirer acknowledges that a non-refundable deposit of 20% of the total agreed-upon fee is required to secure the booking of the Photobooth. In the event of cancellation by the Hirer, the Company reserves the right to withhold this deposit.
   B. The Company reserves the right to retain the deposit to compensate for the time, effort, and resources invested in preparing for the Hirer's event. This includes administrative costs, the reservation of the Photobooth for the specific date and time, and the potential loss of other potential bookings for the same period.
   C. The retention of the deposit is in accordance with Australian consumer laws. The Hirer acknowledges that, as per the Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law, the deposit serves as a reasonable pre-estimate of the Company's loss in the event of cancellation, given the limited availability of the Photobooth and the associated costs involved in reserving and preparing it for the Hirer's event.
   D. In cases where the Hirer cancels the booking within a certain timeframe before the scheduled event, in addition to the non-refundable deposit, the Company may also retain a percentage of the remaining balance as a cancellation fee. The specific percentage and timeframe for cancellation will be outlined in a separate document or as agreed upon between the parties.
   E. The Company may, at its sole discretion, consider waiving or reducing the cancellation fee in exceptional circumstances, subject to the Company's internal policies and the nature of the cancellation.