Terms & Conditions
The “Customer” agrees to the following terms & conditions of hire when hiring our photo booth “Equipment” from Flash Mob Entertainment (“Company”).
1.0 Hire Period The hire period commences at the time stated in the booking form. The hire period shall terminate at the time and date stated in the booking form. If the hire period needs to be extended then an additional hourly charge will be applicable unless previously discussed. An invoice will be sent following the hire which will need to be paid in full within 7 days.
2.0 Hire Charges Equipment is normally hired on an hourly basis. In the absence of special rates to the contrary, the equipment is hired for a standard 2 hour period or as agreed. The minimum charge for any hire will be as per the rates outlined in the company’s price list. The hire period, and corresponding rate, applies from the operational start time of the equipment until the operational end time.
3.0 Deposit A deposit is required to secure a booking with balance being payable one week prior to the hire period. The deposit payment forms part of the total payment due for the hire and is different from the bond payment (if a bond is applicable). Refund and cancellation terms outlined in section 10 of this document. IMPORTANT: Your booking date is NOT secured unless you pay within the 7 days of the invoice being issued. Your date may be offered to another customer after this time.
4.0 Refundable Bond A refundable bond may be payable for Equipment hire, as outlined in the quote, and will be refunded if the Equipment is returned in good order and working condition. If the Equipment is returned with damage, or missing items, the bond will be retained by the company.
5.0 Payment 5.1 Full payment must be made prior to operation of the hire Equipment. 5.2 Incomplete payments (unless arranged prior) will result in the cancellation of equipment being hired with any non-refundable deposits being retained by Flash Mob Entertainment.
5.3 Outstanding payments falling outside specified due dates will be referred to our debt recovery agency. The customer will be liable for any fees or charges incurred.
6.0 Delivery and Removal of Equipment 6.1 The Customer authorises the Company to bring its vehicles onto their property to deliver and collect the Equipment. The Company shall not be responsible to the Customer or any third parties for any damage that may be done to driveways, grass areas, underground services, or anything else. 6.2 The Customer, or a nominated responsible person, shall be present at the delivery address to acknowledge receipt of Equipment hired.
7.0 Customers Responsibilities 7.1 The Customer shall take proper care of the Equipment and shall indemnify the Company against any damage or loss or theft. The Customer must reimburse the company in full for any damage or loss immediately upon termination of the hire. 7.2 The Equipment does not purport to be new or equal to new but when sent out all items are understood to be good condition and fit for normal purposes. 7.3 The Customer is aware of the booking times and should not allow for any person other than the Company’s staff to move, turn on or operate the Equipment without the express permission of the Company. Doing so may cause your booking to be cancelled with no refund and removal of the Equipment from the premises immediately.
8.0 Damage to Property and/or Person Upon hiring, the Customer hereby accepts responsibility for the loss or damage to property and/or injury to any person/s resulting from the installation, dismantling, use or operation of the Equipment and hereby indemnifies the Company against any claims which may arise from any person/s. 8.1 Abuse and harassment of the Company’s staff may result in the booking being cancelled and the Equipment being removed immediately and no refund on fees offered. Poor behaviour towards the Company’s sub-contractors, owners, staff and representatives will not be tolerated.
9.0 Loss or Damage of Equipment Upon hiring the Customer hereby accepts full responsibility in the event that the Equipment is lost or damaged beyond repair and will be liable for the full replacement cost plus any additional costs that the company may incur in replacing the product. 9.1 Repeated misuse or the threat of danger to the Equipment may result in the booking being cancelled and the Equipment being removed immediately and no refund on fees offered.
10.0 Cancellation of Hire If the Customer, for any reason, terminates a booked hire, irrespective of whether a bond has been paid or not, then the following fees will apply: If cancelled within 28-14 days of delivery and/or event date – 100% of deposit. If cancelled within 14-2 days of delivery and/or event date – 25% of total invoice value. If cancelled within 36 hours of delivery and/or event date – 25% of total invoice value. In any circumstances where cancellation occurs and the Company has incurred additional costs such as loading of vehicles, transportation of Equipment, hireage of additional props or costumes, or utilisation of labour, then additional fees may also be incurred by the Customer.
11.0 Company’s Right to Terminate Hire 11.1 The Company may terminate the hire at any time without providing any reason for so doing, either verbally or in writing. The Company will not be responsible to the Customer for any loss they may claim to have suffered in respect of such termination aside from refund of monies paid by Customer should T&Cs have not been breached.
12.0 No Warranties by Company 12.1 Flash Mob Entertainment makes no warranty or representations to the state, quality, or fitness of any Equipment for any particular purpose and no such warranty shall be implied from the description of the equipment on the quote. All implied warranties and conditions as to the state, quality or fitness of the Equipment for any purpose are hereby excluded. 12.2 The Customer shall, forthwith on request by the Company advise the Company the whereabouts of the Equipment and allow the Company, its agents, or employees reasonable time to inspect and test the Equipment and for such purposes the Customer hereby gives irrevocable leave and license to the Company and its employees and agents to take possession of and remove the same and to enter upon any premises where the Equipment of any of the same or any part thereof may be.
13.0 No assignment of equipment or agreement The Customer shall not sublet the Equipment to any other person.
14.0 Copyright of Images Images (including photographs) created by the Equipment are the joint property of the Company and the Customer and may be used for promotional purposes on print, video and digital medias by Flash Mob Entertainment.
15.0 Branding of Photo Strips The resulting photo strips produced by the Equipment, both digital and physical, shall display the Company’s details unless arrangement is made for customised branding in which case full credit must be made to “Flash Mob Entertainment” when the Customer reproduces or publishes any image from the Equipment and a fee of $100 shall be incurred for each booking where Flash Mob branding is removed from our products.
16.0 Fundraising/Contra/Sponsored Bookings Any bookings where we have offered our services at discounted, free, bartered or cost for commercial, charity or fundraising purposes will be deemed as “sponsorship” and any advertising or marketing material for the event will include a Flash Mob logo supplied to you by us upon booking confirmation. All use of our images with also follow the copyright and branding requirements as above.
17.0 Acceptance of Terms & Conditions Once the deposit is paid to the Company, the Customer is deemed to have accepted these terms and conditions of hire.