Terms & Conditions

1. Definitions

Photo Booth Hire Melbourne AU (PBHM): Photo Booth Hire Melbourne AU and its employees, contractors and authorised representatives.

The Client: The person, organisation, company or other entity booking the services and named on the Booking Form or booking confirmation.

Event: The event for which the services have been booked.

Event Date: The date of the Event confirmed by PBHM.

Booking Form: The booking form, quotation, booking confirmation or other document specifying the services booked, Event details, pricing and agreed Operating Time.

Booking: The services confirmed by PBHM following acceptance of the quotation or Booking Form and receipt of the required Booking Payment.

Booking Payment: The initial payment towards the total booking price, payable to secure the Event Date and reserve PBHM's equipment, staff and resources for the booking.

Bond: A security amount payable only where specified in the quotation or Booking Form, generally held against potential damage to PBHM equipment.

Operating Time: The period during which the photo booth is scheduled to be available for guests, as specified in the Booking Form or booking confirmation. Setup and pack-down time are not included in the Operating Time unless expressly stated.

2. Booking Confirmation

2.1

A booking is confirmed when:

• the Client has accepted the quotation or Booking Form;
• the required Booking Payment has been received by PBHM; and
• PBHM has confirmed the booking.

2.2

A quotation does not constitute a confirmed booking until the requirements above have been met.

2.3

The person making the booking confirms that they are authorised to enter into this agreement on behalf of the Client, where applicable.

2.4

The Client is responsible for checking the booking confirmation and notifying PBHM promptly of any errors or omissions, including the Event Date, venue, Operating Time, package, booth and inclusions.

3. Booking Payment and Other Payments

3.1

A Booking Payment is required to secure the Event Date and reserve PBHM's equipment, staff and resources for the booking.

3.2

The Booking Payment forms part of the total booking price and is not an additional fee.

3.3

The amount of the Booking Payment will be stated in the quotation or invoice provided to the Client.

3.4

The remaining balance is due no later than 14 days before the Event Date, unless otherwise agreed in writing by PBHM.

3.5

Where a booking is made within 14 days of the Event Date, the full booking price is payable at the time of booking unless otherwise agreed by PBHM.

3.6

A booking is not considered confirmed until the required Booking Payment has been received by PBHM and confirmation has been provided.

3.7

Additional charges may apply where requested or required services are added after the booking is confirmed, including additional operating time, travel, public holiday charges, venue access requirements, additional printing or other agreed services. Any additional charges will be communicated to the Client where practicable before they are incurred.

3.8

All prices are in Australian dollars and, unless otherwise stated, are exclusive of GST where applicable.

4. Event Details and Changes

4.1

The Client must provide PBHM with accurate Event information, including:

• Event Date;
• venue;
• venue address;
• access information;
• Operating Time;
• venue contact details;
• relevant parking or loading information; and
• any other information reasonably required by PBHM to provide the services.

4.2

Material changes to the Event, including a change of date, venue, Operating Time, booth or package, must be agreed with PBHM in writing.

4.3

A change of venue may result in additional travel, parking, access, staffing or equipment charges.

4.4

Requests for changes are subject to availability and may not be able to be accommodated, particularly where requested close to the Event Date.

5. Access, Space, Power and Venue Requirements

5.1

The Client is responsible for ensuring that PBHM has reasonable and safe access to the venue for delivery, setup, operation and pack-down of the equipment.

5.2

Unless otherwise agreed, the Client must ensure that:

• a suitable and reasonably level area of approximately 3m x 3m is available for the booth;
• suitable electrical power is accessible within approximately 5 metres of the equipment;
• doorways, corridors and access paths are wide enough to safely transport the booked equipment;
• the equipment can be transported safely from the loading/unloading area to the booth location;
• the venue permits the use of the booked equipment;
• the venue provides any required access permits, loading permissions or security clearance; and
• the booth area remains reasonably clear and accessible during setup and operation.

5.3

The Client is responsible for any venue-imposed charges associated with the booking, including parking, permits, loading fees, valet fees or other venue access charges unless expressly included in the quotation.

5.4

Where equipment must be transported via stairs, an additional equipment-handling charge may apply. The Client must advise PBHM of any stairs or restricted access before the Event.

5.5

If PBHM is not informed of stairs, restricted access, inadequate access or other material access issues before arriving at the venue, PBHM will make reasonable efforts to provide the service but cannot guarantee that the equipment can be safely installed.

5.6

PBHM may decline to transport or operate equipment where doing so would reasonably create a risk of injury, equipment damage or unsafe operation.

5.7

Where a lift is required, the Client is responsible for ensuring that the lift is available and suitable for the equipment.

6. Outdoor Events and Weather

6.1

Outdoor operation is subject to suitable weather and environmental conditions.

6.2

The Client must provide a suitable sheltered or alternative indoor location where required to protect equipment and guests from rain, excessive heat, strong winds or other unsuitable conditions.

6.3

Certain equipment, including high-tension backdrops, may not be suitable for exposed outdoor locations or areas subject to significant wind.

6.4

PBHM may determine that outdoor operation is unsafe and require the booth or equipment to be moved to a suitable sheltered location.

6.5

The Client is responsible for obtaining any venue or Event permissions required for outdoor operation.

6.6

Where an outdoor booking cannot reasonably proceed due to weather or other circumstances outside PBHM's reasonable control, PBHM will work with the Client to determine whether the service can be relocated, modified or rescheduled, subject to availability and applicable cancellation or rescheduling terms.

7. Setup, Operating Time and Delays

7.1

PBHM will determine the appropriate arrival time required to set up the booked equipment. Setup will generally commence approximately 1.5–2 hours before the scheduled Operating Time, depending on the booth and venue.

7.2

Setup and pack-down time are separate from the contracted Operating Time unless otherwise stated.

7.3

PBHM is not responsible for lost Operating Time caused by circumstances outside its reasonable control, including delayed venue access, venue staff, security, lack of suitable space, unavailable power, parking or loading delays, or the Client or venue not being ready for setup.

7.4

Where PBHM staff and equipment are required to remain onsite beyond the agreed period due to Client or venue delays, additional charges may apply.

7.5

If the Client chooses to finish using the booth before the agreed Operating Time, the booking price will not ordinarily be reduced or refunded solely because the Client elects not to use the remaining time, subject always to any rights the Client may have under the Australian Consumer Law.

8. Additional Hours

8.1

Additional Operating Time may be requested during the Event but is subject to availability and approval by PBHM.

8.2

Additional time will be charged at the applicable rate advised by PBHM.

8.3

PBHM is not required to provide additional Operating Time where staff, equipment, venue restrictions or other circumstances prevent it.

9. Equipment and Equipment Substitution

9.1

PBHM will take reasonable steps to ensure that equipment supplied for the Event is operational and suitable for the booked service.

9.2

Equipment shown in promotional material, website photographs or examples may vary from the equipment, props, backdrops or accessories ultimately supplied.

9.3

Where reasonably necessary due to equipment failure, damage, availability or circumstances outside PBHM's reasonable control, PBHM may substitute equipment with equipment of equivalent or reasonably comparable functionality.

9.4

Where a proposed substitution would materially change the services included in the booking, PBHM will discuss the available options with the Client where reasonably practicable.

10. Equipment Failure or Technical Problems

10.1

PBHM will take reasonable steps to rectify technical problems that occur during the Event.

10.2

Where practical, PBHM may repair, restart, replace or substitute equipment to restore the service.

10.3

Temporary interruptions may occur due to equipment, power, internet connectivity, third-party services or other technical issues.

10.4

Nothing in these Terms & Conditions limits or excludes any remedy available to the Client under the Australian Consumer Law.

11. Printing and Digital Images

11.1

Print quantities, sizes and formats are determined by the package selected and specified in the Booking Form or quotation.

11.2

Minor variations in colour, brightness, cropping or appearance may occur between digital images, screens and printed photographs.

11.3

PBHM does not guarantee that every photograph taken will be technically perfect or that every guest will appear in every photograph.

11.4

Digital files will be supplied in the format and method applicable to the selected package.

11.5

Raw or unedited files are not included unless specifically stated in the quotation or Booking Form.

11.6

Where GIFs, boomerangs, videos, AI-generated effects or other digital features are included, results may vary depending on lighting, movement, image quality, processing and other technical factors.

12. Galleries and Digital File Storage

12.1

Where a digital gallery is included, PBHM will provide access to the gallery following the Event.

12.2

PBHM will generally retain event galleries for a minimum of three months, unless otherwise stated.

12.3

The Client is responsible for downloading and retaining copies of photographs and other digital files they wish to keep.

12.4

PBHM does not guarantee that files will remain available after the stated retention period.

12.5

PBHM is not responsible for permanent loss of files caused by circumstances outside its reasonable control, including hardware failure, third-party hosting failure, data corruption or other technical failures, subject to any rights available to the Client under the Australian Consumer Law.

13. Internet and Social Media Sharing

13.1

Where internet connectivity is required for digital sharing, PBHM may use its own internet connection or another available connection where suitable.

13.2

Venue Wi-Fi may be used as a backup where available, but PBHM does not guarantee venue Wi-Fi performance.

13.3

Social media sharing and other third-party digital services are subject to the availability and functionality of those services.

13.4

PBHM is not responsible for outages, restrictions, changes or failures of third-party social media or online services outside PBHM's reasonable control.

13.5

Guests are responsible for the content they choose to share through their own social media accounts.

14. Client Artwork, Logos and Branding

14.1

Where customised artwork, branding or templates are included, the Client is responsible for providing accurate information and artwork by the deadline specified by PBHM.

14.2

The Client is responsible for checking and approving spelling, names, dates, logos, colours and other information supplied for customised designs.

14.3

Once artwork has been approved by the Client, PBHM is not responsible for errors that were contained in the approved artwork.

14.4

PBHM may use standard artwork or templates where required information or artwork is not supplied by the applicable deadline.

14.5

The Client warrants that it has the necessary rights and permissions to provide PBHM with any photographs, logos, trademarks, artwork, music or other material supplied for use in connection with the Event.

14.6

PBHM retains ownership of its own templates, designs, layouts, artwork, branding and other materials developed by or for PBHM, except for materials owned by the Client or another third party.

15. Guest Behaviour and Safety

15.1

PBHM reserves the right to temporarily suspend or cease operation where a person's behaviour creates a reasonable risk to guests, PBHM staff, equipment or the venue.

15.2

This may include threatening, aggressive, abusive, intoxicated or unsafe behaviour, deliberate misuse of equipment, climbing on equipment, excessive force, spilling liquids onto equipment or other conduct that creates a safety risk.

15.3

Children must be appropriately supervised by a responsible adult when using the photo booth or interacting with equipment and props.

15.4

PBHM staff are not responsible for supervising children or managing general guest behaviour at the Event.

16. Damage to Equipment

16.1

The Client is responsible for taking reasonable steps to ensure that guests and other persons attending the Event do not deliberately or negligently damage PBHM equipment.

16.2

Where equipment is damaged as a result of deliberate, reckless or negligent conduct by the Client or a person under the Client's responsibility or control, the Client may be responsible for the reasonable cost of repair or replacement to the extent permitted by law.

16.3

Where a Bond has been paid, PBHM may apply an appropriate amount of the Bond towards reasonable repair or replacement costs.

16.4

If the reasonable repair or replacement cost exceeds the Bond, the Client may be responsible for the remaining reasonable cost, to the extent permitted by law.

16.5

PBHM will provide reasonable details of any damage and associated repair or replacement costs upon request.

17. Accessibility

17.1

The Client is encouraged to advise PBHM of any accessibility requirements before the Event so that reasonable arrangements can be discussed.

17.2

Accessibility arrangements may depend on the venue, available equipment and the selected booth.

17.3

Where a particular booth or setup is unsuitable for accessibility requirements, PBHM will discuss available alternatives where reasonably practicable.

18. Changes, Postponements and Cancellations by the Client

18.1

Any request to cancel or change a booking must be made in writing.

18.2

The Client may request to transfer their booking to another Event Date. Any date change is subject to PBHM's availability of equipment and staff and is not guaranteed.

18.3

The Client should notify PBHM of any requested date change as soon as possible and, where practicable, at least 30 days before the original Event Date.

18.4

Any approved change of Event Date will be confirmed by PBHM in writing. Changes may result in a change to the booking price or additional costs where applicable.

18.5

The Booking Payment secures the Event Date and enables PBHM to reserve equipment, staff and other resources for the booking.

18.6

If the Client cancels a booking because they change their mind, no longer require the service, engage another supplier, or otherwise choose not to proceed, PBHM may retain the Booking Payment to the extent reasonably required to cover costs, commitments and losses arising from the cancellation, subject to the Australian Consumer Law.

18.7

Where the Booking Payment exceeds the reasonable costs, commitments and losses incurred by PBHM as a result of the cancellation, PBHM may refund the unused portion.

18.8

Where the Booking Payment does not cover reasonable costs, commitments and losses arising from the cancellation, PBHM may seek payment of any additional amount reasonably attributable to the cancellation, subject to applicable law.

18.9

In determining any amount retained or payable following cancellation, PBHM may take into account factors including the amount of notice provided, staff and equipment reserved for the booking, work already undertaken, non-refundable expenses or commitments, preparation completed for the Event, and the reasonable opportunity to rebook the Event Date.

18.10

If PBHM is able to rebook the Event Date with another client, any income received from the replacement booking will be taken into account when determining the amount reasonably retained or payable in relation to the original cancellation.

18.11

If the Client has paid more than the amount reasonably retained by PBHM following cancellation, the remaining amount will be refunded.

18.12

If the Client elects to finish the Event early on the Event Date, this will not ordinarily entitle the Client to a reduction or refund of the booking price.

18.13

Nothing in these Terms & Conditions excludes, restricts or modifies any rights or remedies available to the Client under the Australian Consumer Law or other applicable legislation.

19. Cancellation or Inability to Provide Services by PBHM

19.1

PBHM will make reasonable efforts to provide the services as booked.

19.2

PBHM may cancel or be unable to provide some or all of the services where reasonably necessary due to circumstances including:

• serious equipment failure that cannot reasonably be rectified or replaced;
• serious illness or unavailability of staff where a suitable replacement cannot reasonably be arranged;
• unsafe venue or operating conditions;
• severe weather or other environmental conditions;
• venue closure or denial of access;
• fire, flood or other emergency;
• government action or restrictions;
• significant transport or access disruption; or
• other circumstances beyond PBHM's reasonable control.

19.3

Where PBHM cannot provide the booked service, PBHM will, where reasonably practicable, offer an appropriate alternative, replacement service, rescheduled booking or refund having regard to the circumstances and the Client's rights under the Australian Consumer Law.

19.4

Where appropriate, PBHM may attempt to source a suitably qualified replacement provider to maintain the booking.

19.5

Nothing in this clause limits any rights or remedies available to the Client under the Australian Consumer Law.

20. Force Majeure

20.1

PBHM will not be responsible for delay or inability to perform services caused by circumstances beyond its reasonable control.

20.2

Such circumstances may include natural disasters, severe weather, fire, flood, government restrictions, venue closure, civil disturbance, major transport disruption, widespread power or telecommunications failure, or other events that could not reasonably have been prevented or overcome.

20.3

Where such circumstances occur, PBHM and the Client will, where reasonably practicable, attempt to reschedule or modify the services before considering cancellation.

21. Photography and Use of Images

21.1

Photographs and other digital media are produced as part of the Event service for the Client and Event guests.

21.2

The Client acknowledges that guests attending the Event may be photographed as part of the normal operation of the photo booth.

21.3

The Client is responsible for communicating to Event guests that photography and digital image collection will take place and for making any Event-specific notices available where appropriate.

21.4

PBHM may use photographs or other media from the Event for its own portfolio, website, social media or promotional purposes only where the Client has provided the applicable marketing consent, or where another lawful basis for the use applies.

21.5

Where the Client does not provide marketing consent, PBHM will not intentionally use Event photographs for its own promotional purposes, except where otherwise permitted or required by law.

21.6

The Client may contact PBHM regarding a particular image or promotional use and PBHM will consider reasonable requests for removal.

22. Privacy

22.1

PBHM may collect and use personal information reasonably necessary to provide the booking and related services.

22.2

Personal information may include the Client's name, contact details, Event details, payment information and photographs or other digital media created during the Event.

22.3

Personal information may be processed or stored using third-party service providers used by PBHM for booking, payment, communication, image processing, hosting, gallery delivery or related services.

22.4

Further information about the collection, use, storage and handling of personal information is contained in PBHM's Privacy Policy.

23. Venue and Third-Party Services

23.1

The Client is responsible for obtaining any venue approvals, permits or permissions required for PBHM to operate at the Event.

23.2

PBHM may use third-party service providers and technology platforms in connection with the delivery of the services.

23.3

PBHM is not responsible for failures of third-party services that are outside PBHM's reasonable control, subject to the Client's rights under the Australian Consumer Law.

24. Liability

24.1

PBHM will provide its services with due care and skill and in accordance with applicable consumer guarantees.

24.2

To the maximum extent permitted by law, PBHM will not be liable for loss or damage caused by circumstances outside PBHM's reasonable control.

24.3

Nothing in these Terms & Conditions excludes, restricts or modifies any right, guarantee, remedy, liability or obligation that cannot lawfully be excluded, restricted or modified under the Australian Consumer Law or other applicable legislation.

24.4

Subject to clause 24.3 and to the maximum extent permitted by law, where PBHM is legally entitled to limit its liability, PBHM's liability will be limited to the remedies permitted under the applicable consumer guarantees or, where legally permissible, the amount paid by the Client for the affected services.

24.5

PBHM will not be responsible for loss caused by the Client, venue or Event attendees where that loss results from circumstances outside PBHM's reasonable control, subject to any rights available under applicable law.

25. Complaints and Problems with the Service

25.1

If the Client has a concern about the services, the Client should contact PBHM as soon as reasonably practicable so that PBHM has an opportunity to investigate and, where appropriate, rectify the issue. For general questions about bookings, equipment and event requirements, please see our FAQs.

25.2

Where a problem occurs during an Event, the Client should notify the PBHM staff member present at the Event where reasonably possible so that the issue can be addressed promptly.

25.3

Nothing in this clause limits the Client's rights under the Australian Consumer Law.

26. Australian Consumer Law

Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:

• to cancel your service contract with us; and
• to a refund for the unused portion, or to compensation for its reduced value.

You are also entitled to be compensated for any other reasonably foreseeable loss or damage.

If the failure does not amount to a major failure, you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract.

Nothing in these Terms & Conditions is intended to exclude or limit those rights.

27. Governing Law

27.1

These Terms & Conditions are governed by the laws of Victoria, Australia.

27.2

Any dispute arising in connection with these Terms & Conditions will be subject to the applicable laws and courts of Victoria, Australia, subject to any rights the Client may have under applicable consumer protection legislation.

28. General

28.1

The quotation, Booking Form, booking confirmation and these Terms & Conditions form the agreement between PBHM and the Client regarding the booking.

28.2

Where there is an inconsistency between these Terms & Conditions and a specific written term in the Client's accepted quotation or booking confirmation, the specific written term will prevail to the extent of the inconsistency.

28.3

If any provision of these Terms & Conditions is found to be invalid or unenforceable, that provision will be read down or removed to the extent necessary without affecting the remaining provisions.

28.4

These Terms & Conditions may be updated from time to time. The version accepted by the Client at the time of booking will apply to that booking, unless otherwise agreed in writing or required by law.

28.5

Acceptance of these Terms & Conditions may occur by signing a Booking Form, accepting a quotation, clicking an acceptance box, making payment or otherwise confirming the booking.