Terms and Conditions

1.1 We provide the following Services: (a) DJ Hire Services; (b) Photobooth Hire Services; (c) Mirror Booth Hire Services; (d) GIF Booth Hire Services; (e) Marquee and LED Letter Hire Services; (f) GOBO Projector Hire Services; (g) Bartender Hire Services; (h) Audio Visual Hire Services; and (i) Any other services made available in the future listed on our Website. 1.2 Details and inclusions of our Services are provided on our Website and any further information required can be obtained by contacting info@charliesparx.com.au or 0415 920 053. 1.3 For all photobooth hire services setting up and dismantling the booth is included in the Fee. 1.4 In the unlikely event that our photobooth is unavailable for more than 20% of the hire period, we agree to provide a discount proportionate to the amount of time the photobooth is unavailable.

2.1 Any requested amendments, extensions or additions to our Services, made after you have received and accepted our Quote (Additional Service) is subject to availability at our sole discretion. If we are able to provide the Additional Service, this will incur additional charges or fees and we will provide a revised or further quote in writing for the Additional Service (Revised/Further Quote). 2.2 You agree that the Fee for Additional Services shall be as stated in the Further Quote and payable in accordance with clause 4. 2.3 All Additional Services must be approved by both parties in writing.

3.1 The fees for our Services are as indicated in the Quote provided to you (Fee). 3.2 All Fees for our Services are in Australian Dollars (AUD). 3.3 All Fees include GST (if applicable) unless indicated otherwise. 3.4 Events outside of the Sydney metropolitan area may be subject to an additional travel charge, which we will quote in advance. For events within the Sydney CBD, you are responsible for arranging loading and parking access for our equipment with the venue. If you cannot arrange it, we will park as close to the venue as we can and add the actual parking cost to the Fee, as set out in the Quote. 3.5 Events held upstairs where there is no access to lifts, an additional cost of $150 (including GST) will apply. 3.6 Certain dates may be subject to an additional charge.

4.1 A non-refundable deposit of $250 including GST (Deposit) is required to confirm your booking and counts towards the Fee. Your booking is not confirmed until unless your Deposit has been paid. 4.2 The remainder of the Fee is payable at least 7 days before your event. 4.3 All invoices must be paid in full, in accordance with this clause 4, using the method of payment indicated on the invoice or provided by us in writing. 4.4 If you fail to pay our fees when due, as stated in this clause 4, you acknowledge that we reserve the right to suspend or terminate the delivery of our Services. We will not be liable for any loss suffered by you as a result of such suspension or termination.

5.1 We reserve the right to update and change these Terms from time to time without notice. 5.2 You will be subject to the Terms in force at the time when you engage our Services, unless agreed otherwise by both parties in writing.

6.1 You agree you must: (a) provide us with all information requested by us in a timely manner; (b) ensure there is a means of unloading the equipment at the venue and delivering it to the specific location hired within the venue; (c) provide us with the details for unloading and delivering the equipment prior to the event date; (d) ensure your event is held in a safe location and environment for us to provide our Services in; (e) ensure you and all attendees at your event follow our staff's instructions on how to use the services, including the photobooth; (f) ensure you and all attendees at your event do not misuse, damage, tamper with or steal any equipment or props provided as part of the Services; (g) ensure you and all attendees at your event are kind and respectful towards our staff and act in a safe manner around our equipment and staff; (h) regarding the event venue, ensure that: (i) there is sufficient space of at least 2m x 2m or more; (ii) access to one (1) powerpoint within 5 metres of our equipment; (iii) all doorways and paths are at least 80cm wide; and (iv) the chosen location for the Services is not in the path of a high traffic walkway, including but not limited to a bathroom, an exit, a buffet area; (i) if you or the attendees at your event damage our equipment, you indemnify us of the cost of the loss or damage in accordance with clause 10(b); (j) where the Services are provided for 3 or more hours, if meals are provided to guests at the event, you agree that our designated staff member carrying out the Services is provided with a meal to the same standard as the guests of the event; (k) when booking our Services, advise us if there are stairs or lifts to access the event space, lift access is preferred.

7.1 Requests for changes to the event date must be made in writing at least 30 days before the original event date. A date change is subject to availability. 7.2 Your cancellation of our Services is subject to the following conditions: (a) all cancellations must be made in writing to info@charliesparx.com.au; (b) for cancellations providing more than 30 days' notice before the event date, you will receive a refund of the deposit; (c) for cancellations providing 30 to 7 days' notice before the event date, the deposit is forfeited; and (d) for cancellations providing less than 7 days' notice before the event date, the full fee is payable. 7.3 We reserve the right to suspend or terminate our Services if you breach these Terms, as determined by us in our sole discretion. 7.4 If we cancel the Services we will provide you with a refund of all payments made as at the date of cancellation, unless cancellation is due to a Force Majeure Event or your breach of your obligations set out in these Terms, as determined by us in our sole discretion. 7.5 Unless stated otherwise in these Terms, refunds are not provided for our Services, other than in accordance with the Australian Consumer Law, as set out in Schedule 2 to the Australian and Competition Act, 2010 (Cth).

8.1 You acknowledge that during the hire period there may be a brief shutdown period of the photobooth for the purpose of replacing printer ink and paper. 8.2 You acknowledge that it is your responsibility to obtain a confirmation from the event venue that the event date and venue is confirmed and you are permitted to bring a photo booth or other service provided by us to the venue. 8.3 You acknowledge that if unloading the equipment to the venue poses a risk of injury to our staff or damage to our equipment, we have the right to terminate the services and you forfeit the full fee. 8.4 You agree that all children under the age of 12 must be supervised by an adult or parent/guardian and we are not responsible for supervising any children attending the event. 8.5 We are in no way responsible for any loss, damage or injury suffered by you or a third party in connection with your or any guest or child's use of a chair, stool or anything else to enhance the height of that person or child while using our equipment.

9.1 Subject to the other terms of this clause, we exclude all rights, representations, conditions and warranties in relation to the Services that are not expressly set out in these Terms to the maximum extent permitted by law. 9.2 Without limiting any other terms of this clause, we expressly exclude any liability in contract, tort (including negligence) or otherwise for any injury, damage, loss, delay or inconvenience caused directly or indirectly by your use of our Services. 9.3 Subject to the other terms of this clause, our maximum aggregate liability owed to you in contract, tort (including negligence) or under any law, for any Loss or Claim arising out of or in connection with the supply of our Services under these Terms, is limited to the actual fees paid by you under these Terms in the 1 month period preceding the matter or the event giving rise to the claim. 9.4 The disclaimers, limitations of liability and indemnities within these Terms do not exclude rights that may not be excluded by law, including but not limited to, those rights under the Australian Consumer Law. 9.5 If we are liable to you in relation to a failure to comply with a guarantee that applies under Division 1 of Part 3-2 of the Australian Consumer Law that cannot be excluded, our total liability to you for that failure is limited to, at our option: (a) in the case of goods, the replacement of the goods or re-supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or acquiring equivalent goods or the payment of the cost of having the goods repaired; and (b) in the case of services, the supply of the services again or the payment of the reasonable cost of having the services supplied again. 9.6 Neither party will be liable to the other for Consequential Loss. 9.7 The amount of either party's liability in respect of any Claim made by the other will be reduced by the extent, if any, to which the other party (including attendees of your event) contributed to the Loss arising from the Claim. 9.8 The parties will each take all reasonable steps to mitigate any Losses incurred under or in relation to this Agreement. 9.9 This clause applies to the fullest extent permitted by law and shall survive termination of these Terms. 9.10 In this clause 9: Claim means all claims, suits, actions, proceedings, damages, Losses or liabilities, costs or expenses (including reasonable lawyers' fees, expenses and amounts paid in settlement). Loss means all liabilities, loss, damages, costs and expenses, including: (a) legal costs and disbursements, whether incurred or awarded against a party, including costs of investigation, litigation, settlement and compliance with judgements; and (b) interest, fines and penalties, suffered or incurred by any person, including where arising under tort (including negligence), contract, equity or under any statute. Consequential Loss means any loss or damage that does not naturally or directly result in the ordinary course of events from the breach, action or inaction in question, and includes loss of profit or anticipated profit, economic loss, loss of data, goodwill or business, loss arising from interruption to business, or failure to realise anticipated savings.

10.1 You agree to indemnify and hold us harmless and each of our directors, employees and subcontractors, from, against or for: (a) any Loss incurred by us or any Claim made against us, which is caused or contributed by your breach of these Terms, except to the extent the Loss or Claim is caused by us; (b) any Loss incurred by us arising from acts by you or attendees of your event which damages any of our equipment or props. 10.2 You must make payments under this clause in full without set-off or counterclaim, and without any deduction in respect of taxes unless prohibited by law. 10.3 This clause survives the termination of this Agreement.

When hiring from us, you give permission for the images taken at your event to be used on our website or social media platforms for marketing purposes, unless you advise us otherwise prior to the event. Feel free to email us at info@charliesparx.com.au if you don't wish for your images to appear in our marketing materials.

12.1 Each party (Recipient) must keep confidential and not disclose any Confidential Information (which is or has been disclosed to the recipient by the other party, its representatives or advisers), or these Terms, except: (a) where the information is in the public domain; (b) where the Recipient is required to disclose the information by applicable law; (c) where disclosure is made to the Recipient's personnel to the extent necessary to enable the Recipient to properly perform its obligations under these Terms and Conditions or to conduct their business generally; (d) if the party to whom the information relates has consented in writing before the disclosure. 12.2 Each Recipient must ensure that its personnel comply in all respects with the Recipient's obligations under this clause. 12.3 Definitions. Confidential Information of a party means all information (in any form): (a) relating to or arising from the Services and Fees; (b) that concerns that party's business operations and which any reasonable person would consider to be of a confidential nature (such as trade secrets, methods, strategies, client lists, pricing, and other business processes); but does not include information that: (c) is or becomes independently developed or known by a party through no breach of these Terms by that party; or (d) becomes publicly available, without breach of these Terms. 12.4 This clause survives termination or expiry of these Terms.

13.1 The trade marks, logos and service marks (Trade Marks) appearing on our Website, Quotes, documents and other promotional material are owned by us and protected by the Trade Marks Act 1995, and whether registered or unregistered, they must not be used alongside any product or service that is not ours. Our Trade Marks must also not be used in any manner that is likely to cause confusion with customers. 13.2 You do not have consent to use our Trade Marks in any manner, without our prior written consent. 13.3 If you breach this clause 13, you agree that damages are an inadequate remedy and we will be entitled to seek injunctive relief to prevent violations of our intellectual property rights. 13.4 This clause survives termination of these Terms.

14.1 From time to time, we may offer the opportunity to purchase our Services at a discounted or promotional price, subject to these Terms. 14.2 Any discounts, promotions and offers will be confined to the time period and additional terms of sale in accordance with the details of that respective discount and/or promotion as communicated to you by us.

At all times, you must not make any public or private statement or comment, whether oral or in writing, which in our reasonable opinion is a disparaging remark or representation about us and/or any of our Services, which may damage our reputation.

16.1 Despite anything in this clause 16 or elsewhere in these Terms or any other agreement between the parties, if a Force Majeure Event occurs (or is anticipated to occur) resulting in your event having to be cancelled or us being prohibited from, or incapable of, attending the event or performing the Services, either party may terminate the Services by providing the other party at least 7 days' written notice. 16.2 Subject to clause 16.3, neither party will, by reason of termination of the Services under clause 16.1, be liable to the other for any kind of compensation, reimbursement or damages. 16.3 If either party terminate this Agreement under clause 16.1 and as at the date of termination the Services have not been performed, we agree to refund you Fees paid under these Terms, but the Deposit is non-refundable. 16.4 References to a Force Majeure Event in this clause means: events, circumstances or causes beyond a party's reasonable control including (but not limited to): (a) strikes, lock-outs or other industrial action; (b) civil commotion, riot, invasion, cyber-attack, service attack, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; (c) fire, explosion, storm, flood, earthquake, subsidence or other natural disaster; (d) epidemic, pandemic, health emergencies, disease; (e) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; (f) interruption or failure of utility services (including power outages, the inability to use public, private telecommunications networks, servers or third party hosting platforms); and (g) the acts, decrees, legislation, regulations or restrictions of any Government Agency; however does not include a lack of funds.

17.1 Where a dispute arises in connection with these Terms or the Services, the parties agree to resolve the dispute by entering good faith negotiations. 17.2 If within 10 business days of notification of the dispute, the dispute is not resolved, then the parties agree to attend mediation to resolve the dispute. 17.3 This clause will survive termination of these Terms.

18.1 The Quote and these Terms form the entire agreement between the parties in respect of the Services. 18.2 Neither party can transfer or assign their rights or obligations under these Terms without our prior written consent of the other party. 18.3 An amendment or variation of any term of these Terms must be in writing and signed by each party. 18.4 These Terms are governed by and construed in accordance with the laws of the State of New South Wales, Australia. The parties submit to the non-exclusive jurisdiction of the courts of the State of New South Wales, Australia. 18.5 These Terms replace all previous agreements in respect of its subject matter and is the entire agreement between the parties.