Bendigo Photo Booths – Terms & Conditions

Last updated: 8 August 2024

This website is owned and operated by Photos of Bendigo (ABN 16 995 453 534) trading as Bendigo Photo Booths (“we”, “us”, “our”).

These Terms and Conditions apply to:

Your use of this website, and
Any enquiry, booking or hire of our photo booth services.

By accessing this website, placing a booking, paying a deposit, or using our services, you agree to be bound by these Terms and Conditions.

Nothing in these Terms limits your rights under the Australian Consumer Law (ACL).

1. Definitions

Client / You – the person or organisation using this website or hiring our photo booth.
Photo Booth / Booth – any booth, camera, tripod, stand, lighting, printer, props, backdrop, or related equipment supplied by us.
Event – the function, wedding, party or gathering for which the booth is hired.
Hire Period – the agreed operating time for the booth (excludes setup and pack-down).

2. Website Use & Binding Agreement

2.1 By using this website, submitting an enquiry, registering, or making a booking, you agree to these Terms and Conditions.

2.2 You may also enter additional agreements with us (e.g. booking form, invoice, written quote). If there is any conflict, the specific booking agreement will prevail over these general Terms.

2.3 If you do not agree to these Terms, you must not use this website or our services.

3. Electronic Communication

3.1 When you use this website or email us, you consent to receive communications from us electronically.

3.2 You agree that all agreements, notices, invoices and other communications that we provide electronically satisfy any legal requirement that such communications be in writing.

4. Intellectual Property (Website Content)

4.1 We (or our licensors) own all copyright and intellectual property rights in this website and its content, including text, images, logos, photos, graphics, and design.

4.2 You must not, without our prior written permission:

Copy, reproduce, adapt, publish or distribute website content;
Use any content for commercial purposes;
Reverse engineer, decompile or otherwise attempt to access the website source code, except as allowed by law.

4.3 You may share our public pages or posts by link, and may forward our newsletter to others who may be interested.

5. Third-Party Websites & Links

5.1 Our website may contain links to third-party websites or services. We do not control, endorse, or monitor these sites.

5.2 You access third-party websites at your own risk. We are not responsible for any loss or damage arising from your use of those sites or services.

6. Acceptable & Responsible Use of the Website

By using this website, you agree that you will not:

Use it for any unlawful, fraudulent or malicious purpose;
Upload or distribute malware or harmful code;
Conduct automated data collection (scraping, harvesting, etc.) without our written consent;
Do anything that could damage, overload, or interfere with the performance or accessibility of the website.

We may suspend or restrict access if we reasonably believe you have breached these Terms.

7. Photo Booth Hire – Bookings & Payments

7.1 Quotes & availability
All bookings are subject to availability and confirmation by us in writing (usually by email).

7.2 Non-refundable payments

Deposits are strictly non-refundable.
Any amounts paid towards the booking are non-refundable, except where required by the ACL or at our discretion in writing.

7.3 Confirming a booking
A booking is confirmed only when:

We have issued written confirmation; and
You have paid the required non-refundable deposit by the due date stated on your invoice.

7.4 Balance payments

The remaining balance is due no later than 7 days before the event, unless otherwise stated on your invoice.
If the balance is not paid by the due date, we may cancel the booking and retain all amounts paid.

7.5 Pricing
Unless otherwise stated, all prices are in AUD and GST-inclusive.

8. Cancellations & Change of Date

8.1 Client cancellations

To the maximum extent permitted by law:

If you cancel your booking for any reason, all amounts already paid (including deposit and any progress payments) are non-refundable.
We may, at our absolute discretion, offer a credit towards a future booking, but we are not obliged to do so.

8.2 Change of date (rescheduling)

You may request a change of date at no extra administrative charge, subject to availability.
A new date is not guaranteed. If the new date is not available and you choose to cancel, our standard non-refund policy applies.
If our prices have changed by the time of rescheduling, the current rates may apply to the new date.

8.3 Our cancellations

If we must cancel due to circumstances within our control (e.g. equipment failure before the event, staff illness with no replacement available), we will:

Offer to reschedule where possible; or
Provide a refund or credit of the amounts paid for the booth hire.

This does not include any indirect or consequential losses (see Liability section).

If we must cancel due to circumstances beyond our reasonable control (see Force Majeure), we will work with you in good faith to reschedule or provide a credit.

9. Access, Venue & Power Requirements

9.1 The Client is responsible for ensuring the venue:

Allows sufficient space for the booth, backdrop, props and cables;
Provides safe, level and dry floor space;
Provides a standard 240V power outlet within 10 metres of the booth location, unless otherwise agreed;
Has adequate access for us to deliver and set up equipment (vehicle access, loading areas, stairs/lifts, etc.).

9.2 If access is delayed (e.g. previous event over-running, venue not ready), the hire period will still run as scheduled. Any extension is subject to availability and may incur additional charges.

9.3 If we cannot safely set up or operate the booth due to venue issues (no access, unsafe conditions, no power, etc.), no refund will be provided.

10. Use of the Photo Booth & Behaviour

10.1 You are responsible for the behaviour of your guests and anyone who uses the booth at your event.

10.2 Guests must:

Follow any instructions given by our staff or written on the booth;
Use props and equipment responsibly;
Not move, lift, hit, tilt or climb on the booth, tripod, stands, or cables.

10.3 We may temporarily pause or fully shut down the booth if:

Guests are acting in a way that risks damage to the booth or injury;
There is abuse, harassment or unsafe behaviour directed at our staff or equipment;
The environment becomes unsafe (liquids near power, overcrowding, etc.).

If we stop the booth for these reasons, no refund or credit will be given.

11. Damage, Loss & Insurance Excess

11.1 Client responsibility for damage

You, as the event organiser / hirer, are fully responsible for any damage, theft or loss to the booth and related equipment arising from:

Misuse, rough handling or improper operation;
Guests knocking, pushing, kicking, tipping or moving the booth or tripod;
Any behaviour beyond normal, careful use of the booth.

This specifically includes structural damage to the tripod legs, brackets and frame where a lateral impact or force is applied (for example, pushing the booth sideways, trying to move it, or knocking it over).

11.2 Insurance & excess

We maintain event insurance for major incidents. However:

Where a claim is made under our policy due to damage caused during your event, you agree to pay our insurance excess.
Our current excess is AUD $799 (GST exclusive), but this amount may change. The amount payable will be the excess that applies at the time of the incident.

11.3 Non-negotiable excess & payment

The insurance excess is not negotiable and is payable by the Client if our equipment is damaged at their event due to misuse, rough handling or negligence.
We will issue an invoice for the excess, which must be paid within 30 days.
We may offer a payment plan, at our discretion, but the full amount remains payable.

11.4 Further recovery & additional costs

If payment is not received within 30 days, or you refuse to engage in resolving the matter, we may:

Lodge a civil claim or other legal action in your name at your residential or business address;
Engage debt recovery services and seek recovery of all reasonable costs, including legal fees and collection agency fees;
Pursue compensation for the full cost of damage and loss of income, not just the insurance excess (for example, if the booth is unavailable for future paid bookings).

11.5 Cosmetic vs structural damage

Cosmetic damage (minor scratches, small marks) will be assessed by us and may still incur a repair or replacement fee.
Structural damage (e.g. broken legs, brackets, frame, severe cracking or warping) will be treated as major damage and may require full rebuild or replacement. In these cases, the excess and any further loss may be claimed from you.

12. Photos, Prints & Digital Files

12.1 During the hire period, guests may take photos and prints as included in your chosen package.

12.2 We are not responsible for:

Guests’ appearance in the photos (eyes closed, movement, clothing, etc.);
Content created by guests (e.g. rude gestures, inappropriate props).

12.3 Digital copies (if included) will be provided by online gallery, download link or USB within a reasonable timeframe after the event.

12.4 Once digital files are delivered, you are responsible for backing them up. We cannot guarantee archival storage beyond a reasonable period.

13. Use of Images for Promotion & Privacy

13.1 Unless you request otherwise in writing before the event, you grant us permission to:

Use a selection of event images (including booth photos) on our website, social media, and printed marketing material;
Show future clients examples of your event to demonstrate our services.

13.2 If you do not want us to use identifiable images from your event:

You must notify us in writing (email is fine) before the event or at the time of booking.
We will make reasonable efforts to respect your request and avoid using those images.

13.3 We will not sell individual guest photos to third parties without specific consent, and we handle personal information in line with our Privacy Policy.

14. Refunds & Australian Consumer Law

14.1 To the extent permitted by law, all deposits and other payments are non-refundable, except where we choose to offer a refund or credit.

14.2 Nothing in these Terms is intended to exclude or limit your rights under the Australian Consumer Law. If the ACL applies, you may be entitled to remedies such as repair, replacement or refund in the case of a major failure.

14.3 Where a refund is required under law, we will process it using the same payment method originally used, unless otherwise agreed.

15. Limitation of Liability

15.1 To the fullest extent permitted by law, we are not liable for:

Any indirect, special or consequential loss or damage;
Loss of profits, revenue, goodwill, or anticipated savings;
Any loss or damage arising from the use or inability to use the website or booth, except where caused by our negligence or a major failure under the ACL.

15.2 Our total aggregate liability for any claim in connection with the website, booth hire, or services will not exceed the total amount you paid us for the relevant booking or service, except where the ACL or other applicable law requires otherwise.

16. Indemnity

You agree to indemnify and hold us harmless from any claims, losses, damages, costs and expenses (including reasonable legal fees) arising from:

Your breach of these Terms;
Any damage caused to the booth, venue or third-party property by you or your guests;
Any misuse of the website or services.

17. Privacy

17.1 We collect and handle personal information in accordance with our Privacy Policy, which is available on this website.

17.2 By providing your details, you consent to us using your information to:

Manage your enquiry or booking;
Send invoices and booking confirmations;
Send relevant updates about your event or our services.

We will not use your email address for unrelated unsolicited marketing without your consent.

18. Termination & Refusal of Service

18.1 We may, at our discretion:

Refuse or cancel a booking if invoices are unpaid, if there is a history of non-payment, or if we reasonably believe our staff or equipment may be put at risk;
Suspend or terminate your access to the website if you breach these Terms.

18.2 You will not be entitled to any compensation if access to the website is modified or restricted, except where required by law.

19. Updates to These Terms

19.1 We may update these Terms and Conditions from time to time. The date at the top of this page shows the latest revision.

19.2 Changes take effect when they are posted on this website. Your continued use of the website or our services after changes are published constitutes acceptance of the updated Terms.

20. Governing Law & Jurisdiction

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

20.2 Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Victoria, Australia.

21. Contact Information

This website is owned and operated by:

Photos of Bendigo (ABN 16 995 453 534)
Trading as Bendigo Photo Booths

For any questions about these Terms and Conditions, please contact us via the contact form or email listed on our website.