Terms and Conditions
Terms and Conditions of Booking – Melbourne Moments (ABN 77 303 851 458)
Thank you for choosing MELBOURNE MOMENTS (ABN 77 303 851 458) (hereafter “our, we, us”) for your Booking.
This is an Agreement under which you (hereafter “the Client, you, or your”) agree to use the Goods and Services (the “Terms”) supplied by us. Please read these terms carefully upon booking with us or using our Goods and Services. These Terms are important because they set out your rights and obligations as the Client, including details of your Booking Date, and your use of our Goods and Services at your designated event (the “Booking”, “Booking Date”).
1. Confirmation of Booking
• Your Booking is confirmed once agreed down payment has been received, and you have agreed to these Terms in writing either by signing this document or responding to our email.
• If you do not sign the Terms but proceed to use our Goods and Services or direct us on how the Goods and Services are to be provided, you agree to be bound by these Terms.
• This agreement supersedes any prior arrangements or agreements.
2. Scope of Services
We provide entertainment goods and services, including but not limited to:
• 360 video booths;
• Print and digital photo booths, backdrops, red carpets;
• Coordination, planning, and setup/pack down of the above.
(Collectively referred to as “Goods and Services”)
3. Supply of Photo Booth Services
a. The Client hereby agrees to engage us to provide the Client with the photo booth services (“Photo Booth Services”) as confirmed by both parties.
These details include:
– The Booth(s)
– Event Date
– Time (setup, session, pack up)
– Duration (the total duration including setup through to disassembly – 1 hr before & after for each equipment hire)
– Event Location (the “Location”)
– Package Inclusions
– Total Cost
b. The Client will ensure that we are given access to the location during this time and is able to enter and exit the location in a safe and easily accessible manner.
• Appropriate space with a floor area of at least 3×3 meters is required for all photo booths and a minimum of 4×4 meters is required for the 360-video booth.
• Space must be flat and stable.
• A dedicated 3-prong power outlet must be within 15 metres of the setup for each equipment hire.
• For outdoor events, full weather protection must be provided by the client. E.g.: Tent
There will be no refunds issued where a location is deemed to be inadequate, unsafe, unusable or inaccessible.
4. Hire Period
• We will arrive to set up 1 hour prior to the agreed commence time unless otherwise stated.
• The hire period will commence from the agreed time as per the booking confirmation and finish at the agreed time.
• In the event that we are not ready to commence at the agreed time due to our fault, we will still give you the agreed hire period by extending the finishing time of the hire.
• In the event that the hire does not start at the agreed time as setup has been delayed due to either the venue not allowing access on time or your events are over running the hire, will still end as per the agreed time on booking form.
• In the event that we have set up in time, but the hire does not start at the agreed time due to over running of previous activities by yourselves or venue the hire will still end as per the agreed booking time.
• If you wish to have the photo booth set up prior our standard arrival (1 hour prior to the hire start time) and/or wish to have the photo booth removed at a later time than the hire period ending, there will be an hourly rate charged for our staff to be on standby for the additional time.
5. Non-Refundable Deposit
• A non-refundable deposit of 25% of the booking is required to confirm your Booking Date.
• By paying the deposit, you agree and accept its non-refundable nature, which covers:
• Securing the date,
• Client consultations and admin,
• Research, quoting, licensing, rent, and insurance,
• Ongoing client management.
• You acknowledge that we may decline other work for that date once your booking is confirmed.
6. Payments
• Final Payment is due 14 days prior to the Booking Date.
• All parties signing this agreement are jointly and severally liable for payments.
• Payments are made via direct deposit.
• We are not obligated to provide the Photo Booth Services unless the Service Fee is received in full.
• Overdue payments will incur collection costs, including legal and debt recovery fees.
• All prices are GST exclusive, unless stated otherwise. GST will be added where applicable.
7. Changes to Prices and Packages
Price adjustments may occur if:
• The scope of work exceeds what was originally agreed upon.
• The scale or nature of the event changes.
• You change your mind on agreed elements, requiring us to perform additional work.
8. Cancellation or Postponement
Cancellation Schedule:
More than 6 months notice: Deposit forfeited
Less than 4 weeks notice: 50% of total package price forfeited
Less than 2 weeks notice: All payments forfeited
Postponement Schedule:
More than 6 months notice: Deposit transferred to new date
Less than 4 weeks notice: Deposit forfeited
• Postponement allowed only once and within 12 months of the original date.
• No refund is provided for weather-related disruptions. Indoor backup plans are the client’s responsibility.
9. Hire Time
• Extra hours charged at:
• $100/hour for Digital/Print Photo Booths
• $150/hour for 360 Video Booths
• Overage fees must be paid before extra hours are provided.
10. Service Delivery
• We aim to have services operational for at least 85% of the agreed time.
• If less than 85% of service is provided, a pro-rated refund applies.
• If no service is delivered, our liability is limited to a full refund of payments received.
• No liability for consequential damages or lost opportunities.
• 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.
• Photos will be delivered within 7 business days post-event via email.
• Images are watermark-free and can be shared for personal use.
11. Damage to Equipment
The client is responsible for any damage due to:
• Misuse by the Client or guests,
• Theft, weather exposure (rain, wind, heat, hail),
• Failure to provide proper cover for outdoor use.
12. Intellectual Property
• We may use event images for marketing purposes.
• You grant us a royalty-free licence to use event images.
• Commercial use of images by clients/guests without consent is prohibited.
• Copyright laws protect the use of website content.
13. Model Release
• You grant us full rights to use and edit images for any editorial or promotional purpose.
• You must obtain consent from guests appearing in photos.
• Notify us in writing if you do not want names or images published.
14. Cooperation and House Rules
• You agree to follow all reasonable instructions from our team.
• You are responsible for obtaining venue permissions.
• We are not liable if the venue refuses the Services.
15. Safety
• Illegal or dangerous activity during the event will void the agreement.
• If staff safety is compromised, we may exit the event without refund.
16. Subcontracting of Services
• In emergencies (e.g. illness, accident), we will try to find a suitable replacement.
• If no replacement is available, a full refund will be provided.
17. Warranty, Liability & Indemnity
• Services are provided “as-is” to the extent allowed under Australian Consumer Law.
• No liability for:
-Indirect or consequential loss,
-Business loss or reputational damage.
• You indemnify us against:
-Your acts or omissions,
-Breach of these Terms,
-Third-party claims (unless caused by our negligence).
18. Force Majeure
• We are not liable for delays or failures due to events outside our control (e.g., floods, fires, government restrictions).
• We will notify you of such events and attempt to reschedule.
• Cancellation due to mere inconvenience or restrictions does not qualify as force majeure.
19. Entire Agreement
• This Agreement contains the entire understanding between parties and overrides prior terms.
20. Disputes
• Both parties agree to attempt to resolve disputes through negotiation before pursuing legal action.
21. Termination
We may terminate the agreement if:
• Guests, patrons, clients or users are misusing the booth in any way, including but not limited to dangerous or intoxicated behaviour;
• Client fails to cooperate or provide necessary instructions;
• Payments remain outstanding;
• A safety hazard is identified that will pose as a health or safety risk to us, staff, guests, patrons or the venue.
• You breach a non-remediable term;
• 14 days’ notice of termination is provided.
You may terminate the agreement if we substantially breach the contract and do not rectify it within 30 days of written notice.
22. Governing Law
• This Agreement is governed by the laws of Victoria, Australia.
• Both parties submit to the non-exclusive jurisdiction of Victorian courts.
23. Severability
• If any clause is unenforceable, it will be severed or read down without affecting the rest of the Agreement.
24. Miscellaneous
• We may assign rights or obligations to third parties.
• You may not assign without our written consent.
• Waiving a term once does not waive future breaches.
25. Execution by Parties
• Where one person signs on behalf of others, they warrant authority to bind all parties involved.
• Corporate bookings must be authorised by an officer of the entity.