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Terms and Conditions

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TERMS & CONDITIONS OF HIRE

 

DEFINITIONS

 

1. The “Owner” is Booth and Balloon Co ABN 59575252020

2. The “Hirer” refers to the person, firm or corporation hiring equipment from the Owner

3. The “Equipment” means all the equipment and accessories supplied to the Hirer

4. “Terms” means these Terms and Conditions of Hire

 

CONDITIONS OF HIRE

Unless otherwise agreed in writing by the Owner and the Hirer, these terms and conditions shall be the only terms and conditions on which the Owner will provide the goods and or services to the Hirer.

These Terms are deemed to be accepted by the Hirer on payment of a booking deposit, on receipt by the Owner.

The hiring of the equipment will commence from the commencement date specified on the hirer invoice and continue for the term specified. The hirer is entitled to use the equipment for the hire period. Any extension of the period must be agreed to by the owner.

The hirer shall not remove the Hire equipment or any part thereof from the situation and position of its installation without consent from the owner.

The hirer agrees not to use the equipment at locations or purposes different from the equipment’s general designated purpose and specified suitability (such as indoor versus outdoor use).

The hirer acknowledges responsibility for the equipment and is liable for any damage.

 

HIRE CHARGES & DELIVERY

All prices inclusive of GST and delivery fees are extra unless otherwise stated.

A minimum hire of $200 is required for all bookings requiring delivery.

Amount quoted is for use of equipment for the time period stated on the invoice. Unless otherwise specified, any delivery quotation assumes:

1. Delivery, and pick up of goods being provided during ordinary hours of 7 am to 10 pm;

2. Any delivery outside ordinary delivery hours will incur an extra surcharge.

3. Public Holiday surcharge applies to all bookings on public holidays.

4. Delivery being made to street level;

5. Grounds or floors being level and clear;

6. If delivery is required to a higher ground level, the Owner must be notified before the deposit is paid as an extra surcharge applies.

7. It is the responsibility of the hirer to ensure measurements of Hire Equipment supplied by the Owner is appropriate for the event space including ceiling heights, door, and stair access. If upon delivery the Hire Equipment does not fit, the Owner has the right to refuse delivery with no refund of the hire cost.

8. If additional delivery is required the Hirer is subject to redelivery charges;

 

DEPOSIT & PAYMENTS

A 50% deposit is required within 3 days of receiving your invoice. Failure to do so will result in all requested hire equipment being made available again for public hire. Full payment is to be paid no later than 7 days prior to the date of the hirer’s event. Failure to make this payment deadline will result in goods and services not being dispatched or undertaken.

Deposits are non-refundable, transferrable, and cannot be exchanged for a credit note.

Items will not be held without a deposit. Hirer has 3 days within invoice issue date to secure items with 50% deposit.

If an order is placed less than 7 days from the event date, then payment in full is required within 24 hours from the invoice issue date.

Payment must be made by bank transfer.

The Hirer agrees to pay any expenses incurred or loss suffered by the Owner as a result of a breach by the Hirer of its obligations pursuant to these Terms (including legal and debt recovery costs).

 

CANCELLATION AND VARIATIONS

In the case of cancellation by the hirer, deposits are non-refundable, transferrable, and cannot be exchanged for a credit note.

The Hirer may cancel an order but will forfeit all booking deposits. For orders canceled within 30 days of the event date, the balance of the invoice fee is due in full.

Any item removal or deductions from the invoice must be made at least 60 days prior to the hire date. Variations made within 60 days will incur the hire charge. Additions can be made at any time and are subject to availability.

The Hirer agrees and acknowledges that they will only be entitled to receive a refund if the cancellation occurs at least 60 days prior to the delivery date.

If through any circumstances the Owner is unable to provide goods, then the Owner may:

1. Make changes to the goods provided that the end performance is not materially prejudiced, or cancel any order (even if it has already been accepted) by notice in writing.

2. All cancellations and date changes are to be requested in writing for the consideration of the Owner. Approval for date changes will be subject to the Owners discretion.

COVID Cancellations

The Owner will not be issuing refunds due to events being canceled by COVID restrictions. Covid is no longer an unknown or unforeseen event.

In the event, you have to cancel due to government restrictions The Owner will reschedule The Hirer's booking or the Hirer will receive credit Notes valid for up to 12 months.

All cancellations need to be submitted in writing to boothandballoonco@gmail.com

CLEANING & PRODUCT HIRE CONDITIONS

 

Upon completion of the hiring, the equipment must be properly cleaned by the hirer. Balloons, flowers or any form of decoration that was not supplied with the Hire Equipment needs to be removed ready for pickup for the Owner.

If items are returned unclean, a cleaning fee depending on the condition will be charged.

Cake stands should be wiped down with a microfiber cloth that is a little damp and then dried with a dry towel. All dessert residue must be removed from the cake stands. Do not wash cake stands under the sink as this will damage the cake stands entirely.

If vinyl or signage is placed on any products, this must all be removed after use of product, otherwise a cleaning fee to remove will be charged to hirer.

 

 

 

 

DAMAGE OF EQUIPMENT

 

The Hirer is responsible for any loss or damage to the equipment for any reason whatsoever except loss or damage which is caused by reasonable wear and tear.

If damage or loss occurs while in the Hirers care, full replacement costs will be charged. If damage or loss is inflicted the Owner reserves the right to invoice and collect from the Hirer the remaining balance required to replace damaged or lost items.

If part of a set is damaged, stained or lost, the Customer is responsible for the full replacement of that set.

All packaging materials are to be returned with the hired goods.

 

 

BALLOON CARE

 

We use only the highest quality balloons on all our installs and pick up orders, and these balloon arrangements can last for weeks in the right environment. Once the balloons have been handed over to the client, simply sweet events has no responsibility with balloons popping or the style changing due to unforeseen circumstances such as weather and being tampered with. Ideal environments for balloons are indoors and away for the elements.

 

FLOWERWALLS AND HEDGEWALLS

 

These are large heavy items and need to be set up against a wall and secured preferably indoors. These walls cannot be moved once set up.


 

PHOTO BOOTH AGREEMENT


 

This photo booth agreement (“Agreement”) takes place between the Provider and Client. Provider Business name: Booth and Balloon Co (59575252020)

Address: 3 Keyes Close, Kariong, New South Wales, 2250

Contact Number: 0402495734

Email Address: boothandballoonco@gmail.com

Client Business name:

Address:

Contact Number:

Email:

  1. Definitions In this Agreement: (a) Provider means the provider of photo booth services; and (b) Client: means the party who places an order for photo booth services. 2. Supply of Photo Booth Services (a) The Client hereby agrees to engage the Provider to provide the Client with the following photo booth services (“Photo Booth Services”): Booth and Balloon Co is providing a photo booth service at…….. (b) The Photo Booth Services will be provided at the following venue: (the “Location”). (c) The time for the provision of Photo Booth Services will be from……….. (d) The Client will ensure that the Provider is given access to the Location during this time and is able to enter and exit the Location. Appropriate space with a floor area of 3sqm is required; the Customer will arrange a standard power outlet at the desired booth location. d) Given the current increase in Covid cases the photo booth attendant may choose to social distance but stay on site to rectify any troubleshoot issues with the booth. 3. Duration of service (a) The Duration of Service means the number of hours requested for the Photo Booth Services plus set-up and disassembly time.

  2.  The total Duration of Service will be ………hours. (b) The Client and Provider agree that the Photo Booth Services may be interrupted for maintenance purposes during the Duration of Service. The fee paid for the Photo Booth Services and/or the Duration of Service will not be increased or decreased unless otherwise agreed to by both the Client and Provider. However, if an interruption to the Photo Booth Services occurs due to maintenance of the photo booth or a fault of the Provider for over 30 minutes, a refund of from the Service Fee will be discussed within reason. (c) A Client wanting to terminate the Photo Booth Services earlier than the agreed Duration of Service will not receive any deductions from the Service Fee. 4. Payment for Photo Booth Services (a) Calculation of Payment (i) The Provider will charge the Client a Service Fee of $.......for the provision of the Photo Booth Services. A non-refundable reservation fee in the amount of … is due upon signing of this contract. The reservation fee must be received by the Provider from the Client before a reservation date can be confirmed. The remaining balance is due 5 days prior to the Client’s event. (b) Failure to Pay- The Provider is not obligated to provide the Photo Booth Services unless the Service Fee is received in full. 5. Assignment and Subcontracting (a) The Provider will not voluntarily, or by operation of law, assign or otherwise transfer its obligations under this contract without the prior written consent of the Client. (b) If written consent is given by the Client and the Photo Booth Services are subcontracted to another party, the Provider and the subcontracted party will both be responsible for the performance of the Photo Booth Services and must adhere to the Provider’s obligations under this contract. 6. Liability and indemnity 6.1. Limitation on Provider’s liability to Client (a) The Provider’s liability to compensate the Client for any loss or damage (in the 6.2. Limitation and exclusion of liability for personal injury and death 6.3. Client’s liability for damage to equipment case of loss or damage other than death or personal injury) is limited to a reasonable amount, having regard to such factors as whether the damage was due to a negligent act or omission by the Provider. (b) The Provider’s liability for death or personal injury is also subject to the limitations set out in clause 6.2 below. 6.2. Limitation and exclusion of liability for personal injury and death (a) The Provider will compensate Client for any loss or damage Client may suffer if I fail to carry out duties imposed on Provider by law (including if Provider causes death or personal injury to Client or those who could be reasonably foreseen as being subject to the Photo Booth Services, by Provider’s negligence). (b) Clause 6.2(a) applies unless that failure is attributable to: (i) Client’s own fault; (ii) A third party unconnected with the provision of Photo Booth Services under this contract; or (iii) Events which I could not have foreseen or forestalled even if I had taken all reasonable care. 6.3. Client’s liability for damage to equipment (a) The Client is responsible for any loss or damages to the Provider’s equipment (other than fair wear and tear) caused by any misuse of the equipment by the Client, their employees or their guests. The Client will be responsible for any loss of or damage to the Provider’s equipment caused by Theft, Fire, Flood or Accidental Damage. 7.Wi-Fi access Booth and Balloon Co social media package requires Client to provide or guarantee a venue Internet connection of at least (1MB). Booth and Balloon Co is not responsible for insufficient social media features below the required Internet speed. 8. Model release Booth and Balloon Co reserves the right to use images produced with its photo booth under this Agreement to use for the purpose of promoting the Company, its services, and other good-faith business purposes. 9. Waiver The waiver by either party of a breach, default, delay, or omission of any of the provisions of this Agreement by the other party will not be construed as a waiver of any subsequent breach of the same or other provisions. 10. Children THE PHOTO BOOTH IS NOT A TOY. CHILDREN UNDER 12 NEED AN ADULT PRESENT TO USE THE BOOTH. PLEASE SUPERVISE CHILDREN WHILE NEAR THE BOOTH. 11. Jurisdiction This Agreement will be construed in accordance with and governed by the laws of New South Wales. Each party submits to the nonexclusive jurisdiction of the courts of New South Wales there in connection with matters concerning this Agreement.

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