1. Terms and conditions
It is mutually agreed that the following terms of agreement form an integral part of this contract and that no variation or modification of this contract shall be effective unless in writing and signed by both parties.
Unless expressly stated by the Owner in writing, all quotations, orders made, and images supplied are provided and offered on the following terms and conditions.
These conditions constitute the entire understanding between the parties and shall apply to the contract to the exclusion of any other contractual terms and conditions. The Hirer agrees that it has not entered into this Agreement in reliance upon any representation, covenant, warranty or undertaking made or given on behalf of the Owner except as expressly set out in this Agreement. The conditions of this Agreement may not be varied or waived except with the express written agreement of the Owner. No contractual terms and conditions sent by the Hirer to the Owner shall be of any effect with respect to the contract unless expressly accepted by the Owner in writing. The holding, banking, negotiation or other use of any deposit shall not constitute acceptance by the Owner of an order.
In these conditions the following words and expressions shall have the following meanings:
“Agreement” means these Terms and Conditions.
“Booking Order Form” means the form submitted by (or on behalf of) the Hirer specifying the details of the booking.
“Contract” means any agreement made subject to these conditions.
“Deposit” means $500 or an amount agreed by the Hirer and Owner.
“Force Majeure” means in, relation to the Owner, any circumstance beyond the reasonable control of the Owner including without limitation any act of God, war, riot, explosion, abnormal weather conditions, loss of utilities, fire, flood, strike, illness, lock out or industrial dispute and governmental or regulatory authority action.
“Goods” means an Epic Exposure photobooth/s.
“Hirer” means any person, organization or entity with whom the Owner enters into an agreement subject to these conditions.
“Hire Fee” means the fee quoted to a Hirer in respect of the hire of the Goods.
“Hire Term” means the time period specified on the Booking Order Form
“Intellectual Property Rights” means patents, trade marks, service marks, trade names, registered and unregistered designs, trade or business names, copyright (including, but not limited to, rights in software), database rights, design rights, rights in confidential information and any other intellectual property rights whatsoever irrespective of whether such intellectual property rights have been registered or not which may subsist in any part of the world.
“Owner” means “Guerin Pty Ltd trading as Epic Exposure”. a company registered in Queensland.
“Services” means the supply of an Epic Exposure attendant who will set the booth up
“Venue” means the location at which the Goods are to be hired
3. Supply of Goods
The Owner shall provide the Goods and Services to the Hirer for the Hire Term in accordance with the terms of this Agreement.
4. Intellectual Property Rights
The Intellectual Property Rights of all images produced by the Owner, including but not restricted to photographs, design, stationery, graphics and the selection and arrangement thereof, is retained by the Owner. Original data files are and remain the property of the Owner.
Prices are determined in accordance with the prevailing prices quoted at the time an enquiry is received by the Owner or otherwise as agreed in writing between the Hirer and the Owner.
Any quotations (regarding the Hire Fee or otherwise) provided to the Hirer are valid for 21 days.
6. Confirmation of Booking
No booking is confirmed until any required deposit and signed contract has been received in full cleared funds by the Owner. Upon receipt of these items an invoice will be issued by the Owner for the deposit.
If the Hirer cancels the booking, clause 12 hereof will apply.
7. Terms of Payment
When making a booking, $500 is payable as a deposit or a sum specified by the Owner. The balance of the Hire Fee and Security Deposit is payable by the Hirer in full at least 21 days before the Hire Term commences or an earlier date as specified by the Owner.
8. Payment Security
For all Hire’s the Owner accepts payment via direct debit or cash only.
In relation to this Agreement payment (of the Hire Fee or otherwise) shall be of the essence.
The Owner reserves the right to charge interest on overdue payments under the contract, at the rate of 2% above the base rate of the total invoiced amount, per month or any part thereof.
Any time or date quoted by the Owner for delivery or performance by the Owner is a reasonable estimate only and the Owner shall not be liable for any loss or damage whatsoever arising from a failure to deliver within such time or date quoted for delivery or performance.
10. Hirer’s Obligations
The Hirer shall:
10.1 ensure there is an appropriate space for the Goods at the Venue with access to a powerpoint; and
10.2 ensure the Venue is easily accessible, including confirming the Owner whether the venue has stairs.
The Hirer acknowledges that it is responsible for any damage or loss to the Goods caused by any misuse of the Goods by the Hirer, its guests, or Venue staff.
The Hirer fully indemnifies the Owner against the loss of or damage to the Goods, whether by fire, theft, accident, seizure, confiscation, malicious damage or otherwise, and will indemnity and hold harmless the Owner from all other losses, damages, claims, penalties, liabilities and expenses however arising incurred as a result of the hire of the Goods.
12. Security Deposit
The Hirer agrees to pay to the Owner a Security Deposit in the amount of $200 to be held by the Owner until the Goods are collected and it is confirmed by the Owner that the Goods are not damaged. If the Goods are damaged, the Security Deposit will be used by the Owner to remedy the damage. If the cost of remedying the damage is less than $200, the balance will be returned to the Hirer. If the cost of remedying the damage is more than £200, the Hirer is required to pay any further costs as per clause 11 above.
13. Cancellation of Bookings
If a booking is cancelled by the Hirer, then the Hire Fee and/or Deposit will be returned to the Hirer in part as follows, based upon the number of days before the cancellation notification is received:
More than 28 100% of the Deposit
21-28 days 50% of the Deposit
7-21 days 50% of the Hire Fee
Less than 7 0%
Should the cancellation of the booking turn out to be a postponement, then, at the sole discretion of the Owner and subject to availability, all money paid may be applied to the new booking. In this case the total fees chargeable shall be the fee which applies at that time of the new booking.
14. Failure to Perform
Subject to Clause 15, if the Owner cannot perform this Agreement due to a Force Majeure event then the Owner shall return the deposit to the Hirer but shall have no further liability with respect to the Agreement.
This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera malfunction, or otherwise lost or damaged without fault on the part of the Owner.
In the event that the Owner fails to perform for any other reason, the Owner shall not be liable for any amount in excess of the retail value of the Hirer’s order.
15. Usage of Images
The Owner reserves the rights to use the photographs taken to promote the Owner’s business in advertising, brochures, magazine articles, on the internet or otherwise. The use of such photographs shall be without payment or liability to the Hirer.
The Owner limits its liability under this Agreement, whether such liability arises in contract, tort (including
without limitation negligence) or otherwise, as follows:
16.1 the maximum liability of the Owner for damage to or loss of physical property of the Hirer shall be limited to the value of the Hire Fee for each claim or series of related claims and shall not in aggregate exceed the level of insurance in place;
16.2 except for liabilities under sub-clause 15.1 above and, the maximum liability of the Owner for all claims under this Agreement shall be limited to the value of the Hire Fee for each claim or series of related claims and shall not in aggregate exceed the level of insurance in place; and
16.3 the Owner shall not be liable for:
(i) loss of business, use, profit, anticipated profit, contracts, revenues, goodwill or anticipated savings;
(ii) loss of data or use of data;
(iii) damage to the Hirer’s reputation; or
(iv) consequential, special or indirect loss or damage.
even if the Owner has been advised of the possibility of such loss or damage.
Although the Owner strives for the highest quality in everything it does, there are occasions when things can go wrong. If the Hirer has a complaint they should contact the Owner by email at email@example.com. The Hirer can also telephone the Owner on 0450 601 411.
18. Waiver, modification and Governing Law
This Agreement incorporates the entire understanding of the parties and supersedes any previous agreement or arrangement between the parties relating to the subject matter of this Agreement. Any modifications of this Agreement must be in writing and signed by both parties. Any waiver of a breach or default hereunder shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this Agreement. This Agreement shall be governed by the laws of Queensland and each party submits to the exclusive jurisdiction of the courts of Queensland in relation to any claim or matter arising under or in connection with these conditions.
19. Further Assurance
Each party shall from time to time (both during the term of this Agreement and after) do all such acts and execute all such documents as may be reasonably necessary in order to give effect to the provisions of this Agreement.
20. Changes to Terms and Conditions
These terms and conditions may be changed by us at any time.
If any provision of these terms and conditions is held to be invalid by a court of competent jurisdiction, such invalidity shall not affect the validity of the remaining provisions, which shall remain in full force and effect.