Terms and Conditions

Terms and Conditions

Definitions
For the purpose of this agreement, the following words shall have the following corresponding meaning:


  1. ‘The Owner’ means INSTANTLY CAPTURED (ABN: 62 711 934 732)
  2. 'INSTANTLY CAPTURED' refers to the sole trader of the company, Sharina and Dustin Gibbons.
  3. ‘The Hirer’ means the person, firm, partnership, company or other body which is hiring the Goods, as specified in the booking order form.
  4. ‘The Goods’ means a INSTANTLY CAPTURED photo-booth or INSTANTLY CAPTURED photo-booths
  5. ‘Claims’ means any legal assertions or demands

Hiring 

  1. By paying any part of the invoice the Hirer is also agreeing to the Terms & Conditions.
  2. Deposits for securing the Hirer's date are refundable 14 days prior to event.
  3. Full payment of package and bond to be paid 7 days prior to event.
  4. A deposit of 25% is required to secure your booking.
  5. A refundable bond of $250 is required to cover any damages or theft during hire period.
  6. Fancy dress props (if used) must be in good order at the end of the event, otherwise a cleaning/replacement charge may apply.
  7. Bank deposit (EFT) or Cash are our only acceptable methods of payment.

GST

  1. INSTANTLY CAPTURED is not registered for GST. All prices specified in the booking order form are total price payable.

​Space and Power Requirements 

  1. Minimum space required to set-up the photo-booth is 1.5m x 1.5m x 3m high. 
  2. Access to 240v power (wall socket) within 5m of the setup location. 
  3. Our photo-booth may be used outside under the conditions that it is completely enclosed from all weather conditions. Subject to our approval.

Privacy

  1. INSTANTLY CAPTURED will not sell the Hirer’s details to any third party and will take reasonable measures to ensure client details remain confidential.

​  

Hiring, Delivery, Service and Extra costs 

1. Delivery, set up and removal of the photo-booth are free of charge within Port Pirie, SA. A travel surcharge may apply to events outside of this radius.

2. Delivery, set up and dismantling of the Photo-booth will be outside the rental period. Confirmation of the venue's approval and its placement within the venue is the responsibility of the Hirer.

3. INSTANTLY CAPTURED Agrees to have a photo-booth operational for a minimum of 80% of the hire period or a discount will apply. A shutdown period may or may not be necessary for maintenance or replenishing of ink and paper.

4. Outdoor photos can differ greatly in quality depending on outdoor conditions, as lighting conditions cannot be controlled. INSTANTLY CAPTURED will take all measures to provide but cannot guarantee a consistent image quality throughout the duration of hire for an outdoor event.

5. Booth will be in operation for a maximum of 6 hours, however the usage of the booth must seize before midnight of day of the event.

6. If the equipment must be carried up the stairs, INSTANTLY CAPTURED support staff will require physical assistance. If assistance cannot be provided an inconvenient setup fee of $30 may apply.


Use of Images

  1. Unless otherwise mutually agreed by the parties in writing, the Hirer grants INSTANTLY CAPTURED an irrevocable right and license (including, without limitation, an intellectual property license) to use and publish in any and all media all images produced by the Goods during the hiring period for the purpose of the Owner’s marketing and advertising. 
  2. INSTANTLY CAPTURED will not use images which are deemed unsuitable on their website or for advertising and will not use any content that may be personally damaging to any person/s.

Indemnification 

  1. INSTANTLY CAPTURED will not be liable for failing to perform under the Agreement by the occurrence of any event beyond our reasonable control, including a labour disturbance, power outage or interruption of service, communication outage, failure by a service provided to us to perform, fire, theft of equipment, threatened or actual act of terrorism, natural disaster, or war. 
  2. The Hirer agrees that in all circumstances, the liability of INSTANTLY CAPTURED is limited to an amount equal to the booking cost. INSTANTLY CAPTURED will not be liable for indirect or consequential damages. 
  3. In order to protect our clients and INSTANTLY CAPTURED we require a written and signed agreement from the hirer as part of the booking process. This assists INSTANTLY CAPTURED and our clients in having a memorable experience with no room for miscommunication and includes all of the Terms and Conditions which are binding. This ensures all parties are well-informed on the service they have booked with INSTANTLY CAPTURED and how each client is protected to ensure INSTANTLY CAPTURED services are carried out seamlessly and proactively. 

Risk and Insurance

  1. The Hirer is liable for all excess, premiums and other costs associated with any insurance claim in relation to the Goods that arises from use by the Hirer or its employees, agents or subcontractors during the Hire Period and must meet any shortfall in repair or replacement of the Goods following payment of any amount received under insurance, including any loss suffered by the Owner as a result of not being able to hire the Goods after the Hire Period.

The Hirer acknowledges that:

  1. the Goods are at the sole risk of the Hirer and the Owner is not liable for any Claim the Hirer may incur or that may arise from any cause including any fault or other defect in the Goods: and
  2. the Owner is not responsible for, and is released from all liability in respect of all such Claims.

Indemnity

  1. The Hirer accepts full responsibility for, and indemnifies the Owner against all Claims:
  2. in regards to any injury to persons, or damage to property, arising from the use of the Goods and the provision of the Additional Services during the Hire Period however arising; 
  3. As a result of, or in conjunction with, a breach or non-conformance to this Agreement or any of the Hirer’s obligations under this Agreement
  4. The Hirer remains liable for any Hiring Fees during the period of repair or unavailability of the Goods due to loss, damage or theft while in the possession or control of the Hirer

Miscellaneous

  1. INSTANTLY CAPTURED may stop usage of the Photo-booth at any time during the event if they feel that the Photo-booth is being misused in a way that is dangerous to any persons or potentially damaging to the product.
  2. Although an attendant is not required for the use of the Photo-booth due to its simple interface, at minimum an approved operator will be on standby nearby during the hire period.