Terms and Conditions of Use

The following Terms of Hire is a legal contract between an individual user and Pixaburst Photo Booths defining the rules and acceptable behavior of your website and services.

1. Hire of photobooth and equipment

The hiring of the equipment will commence from the time stipulated by the hirer as the starting time for their event and continue for the time specified in the schedule agreed upon and paid in advance of.

The hirer is entitled to use the equipment for the hire period and for any agreed extension of the period.

The hirer agrees to use the goods as shown at the start of the hire time and not for any other purposes.

The hirer agrees to pay a non refundable deposit of $150 to secure the event date and time.

Final Payment for the hirer is no later than 14 days prior to scheduled event.

The owner will not refund any hire charge monies if the hirer elects to return the equipment prior to the end of the hire period, regardless of reason.

2. Payment for rental

The hirer agrees to pay the owner the hire fee specified in the schedule for the equipment for the hire period, which includes any applicable GST, if a hire charge is applicable.

The hire fee must be paid to the owner prior to or on the commencement date of the hire period.

The hirer agrees to pay a non refundable deposit of $150 to secure the event date and time.

Final Payment for the hirer is no later than 14 days prior to scheduled event.

3. Use, operation and maintenance

The hirer agrees that the use of the equipment carries with it that the hirer agrees to accept all responsibility for the equipment while in operation and that if the equipment is damaged the hirer is fully responsible for said damages.

The equipment shall not be used by anyone other than the hirer without the expressed permission of the owner.

3.1 The hirer agrees to operate, maintain and store the equipment strictly in accordance with any instruction provided by the owner, with due care and diligence, only for its intended use and in accordance with any manufacturer’s instructions and recommendations whether supplied by the owner or posted on the equipment as to the operations, maintenance and storage thereof.

3.2 The hirer agrees to comply with all occupational health and safety laws relating to the use of the equipment and related operations.

3.3 The hirer shall ensure the equipment is returned to the owner clean of soil or any other foreign matter. In the event that these requirements are not complied with the hirer shall pay the owner the reasonable costs of compliance with these requirements.

4. Hirer’s warranties

The hirer warrants that:
the equipment will be used in accordance with the conditions outlined in the schedule;
the particulars in the schedule are correct in every respect and are not misleading in any way including, without limitation, by omission;
the equipment will not be used for any illegal purpose;
the hirer will not, without prior written consent of the owner, modify, or permit any modification of, the equipment in any way; and
the hirer agrees that the equipment complies with its description, is in merchantable condition and is fit for the hirer’s purpose.

5. Indemnity

To the full extent permitted by law the hirer releases, discharges and indemnifies the owner from all claims and demands on the owner arising out of or consequent on the use or misuse of the equipment during the hire period.

6. Loss, damage or breakdown of equipment

The hirer will be responsible for any loss or damage to the equipment irrespective of how the loss or damage occurred (fair wear and tear excepted) during the hire period.

7. Insurance

The owner will maintain current insurance policies in respect of the equipment to its full insurable value.

8. Liability

The hirer will assume all risks and liabilities for and in respect of the equipment and for all injuries to or deaths of persons and any damage to property howsoever arising from the hirer’s possession, use, maintenance, repair or storage of the equipment.

9. Disclaimer

To the extent permitted by law the owner disclaims all liability for and does not give any warranties to the hirer as to the condition of the equipment.

10. Title to goods

The hirer acknowledges that the owner retains title to the equipment and that the hirer has rights to use the equipment as a mere bailee only. The hirer does not have any right to pledge the owner’s credit in connection with the goods and agrees not to do so.
The hirer agrees not to agree, offer or purport to sell, assign, sub-let, lend, pledge, mortgage let or hire or otherwise part with or attempt top part with personal possession or otherwise not to deal with the equipment and not to conceal or alter the goods or make any addition or alteration to, or repair of, the equipment.
Repossession
1. The owner may retake possession of the equipment if the hirer breaches any provision of this agreement, notwithstanding anything else herein contained.
2. If repossession takes place, the owner shall only charge the hire fee up to and including the time of repossession.

11. Completion of the hire period

The hire period is completed when the equipment has been returned to the owner:
1. in the same condition as when it was hired; and
2. on or by the date and time outlined in the schedule.

12. Non-merger

The covenants, agreements and obligations contained in this agreement will not merge or terminate upon the termination of this agreement and to the extent that they have not been fulfilled or satisfied or are continuing obligations they will remain in force and effect.

Severance
1. If any provision of this agreement is wholly or partly invalid, unenforceable, illegal, void or voidable, this agreement must be construed as if that provision or part of a provision had been severed from this Agreement and the parties remain bound by all of the provisions and part provisions remaining after severance.

13. Governing law

This Agreement is governed by the laws of New South Wales. Each party submits to the non-exclusive jurisdiction of the courts exercising jurisdiction there in connection with matters concerning this Agreement.
1. In this Agreement, unless the context otherwise requires:
  1. A reference to the singular includes the plural and vice versa;
  2. A reference to any party to this Agreement includes the party’s executors, administrators, successors or permitted assigns, and where applicable, its servants and agents;
  3. A reference to an individual shall include corporations and vice versa; and
  4. If a word or expression is defined, its other grammatical forms have a corresponding meaning.
2. In this Agreement, headings are for convenience only and do not affect interpretation.

I Accept