Terms & Conditions
THIS AGREEMENT (hereafter “Agreement) is made and entered into by Unreal360 (hereafter “Hiring Client”) on Wednesday 1st of March 2023 10:27am .
General Terms and Conditions
1.1 These Terms and Conditions apply to the exclusion of any other conditions proposed by the Hiring Client unless otherwise agreed by Unreal 360 and the Hiring Client in writing.
1.2 Unreal 360 agrees to hire the Booth, to the Hiring Client on terms set out in this document. If the Hiring Client wishes to hire the Booth the Hiring Client must complete and sign (or otherwise accept in the manner required by Unreal 360) a Hire Order Form and such other documents as Unreal 360 may require. Each Hire Form is not a separate contract but forms a part of this hire agreement between Unreal 360 and the Hiring Client.
1.3 Unreal 360 may in its absolute discretion decline to hire the Booth to the Hiring Client at any time if it has reasonable cause to do so.
1.4 Our Booth is designed for both Indoor/Outdoor use, though it can be used outside in fine conditions. If an outdoor setting is planned but weather conditions are not suitable for the booth (e.g. wet weather, strong wind etc) then an alternative location needs to be arranged for set-up.
1.5 It is necessary for the Hiring Client to consult with the venue to obtain permission for Unreal 360 to set-up on their premises and that sufficient space and power provisions have been organised. Minimum space required to set-up the Booth is 5m x 5m x 3m high. Access to 240v power (wall socket).
Payment
2.1 Prices are subject to change. Please check before booking for current rates.
2.2 By paying any part of the invoice the Hiring Client is also agreeing to the Terms & Conditions. All costs are payable to Unreal 360 Bank deposit (EFT) or Cash is our only accepted method of payment.
2.3 25% of the total is required to secure the event time & date. The initial 25% is a non-refundable booking fee. Until a non-refundable booking fee is received, the date cannot be confirmed. The outstanding 75% must be paid by the Hiring Client to Unreal 360 at least 1 month prior to the event. Failure to pay by these dates may result in cancellation of hire.
2.4 If booked within 7 days of the event, non-refundable full payment must be received within 48 hours of booking.
2.5 All props (if used) must be in good order at the end of the event, otherwise, a charge may apply.
Loss & Damages
3.1 The Hiring Client accepts full responsibility for the condition of all hired items during the event period or until returned to Unreal 360 and will be liable for any damage incurred, or loss of said items. The Hiring Client is responsible for any damage caused by them or any of their guests, invitees or other people attending the event.
3.2 All goods lost, damaged or stolen (howsoever caused) during the event must be paid for by the Hiring Client.
3.3 If the damage is caused to the Equipment/Booth, regardless of the degree of damage, all costs associated with the repair or replacement will be paid for by the Hiring Client. The Hiring Client shall pay Unreal 360 the actual cost to replace or, at the sole choice of Unreal 360 repairing the equipment irrespective of the age or condition of the equipment at the current replacement cost. Photographs will be taken at set-up in the case of any disputes.
Cancellation
4.1 Cancellations must be made in writing to [email protected]
4.2 Refunds will be given in accordance with the following;
- If the Hiring Client cancels within 7 days of making the booking, the deposit will be returned in full, minus any fee’s for online payments
- Cancellation up to 30 days prior to the event – Any balance paid off over the initial 25% will be refunded
- Cancellation 7 days prior to the event – NO REFUND
4.3 Postponements and change of dates can be done free of charge subject to availability
4.4 A 14-day notice is required of changes to the time & date of the event. A date or time change is subject to availability. Unreal 360 cannot be held responsible for unforeseen delays at the venue.
Hiring, delivery and service
5.1 Delivery, set up and removal of the Booth is free of charge within a 40km radius of the Gold Coast. Delivery charges will be determined based upon the specific event location and confirmed upon booking confirmation.
5.2 Delivery, set up and break down of the Booth will be outside the rental period. Confirmation of the venue’s approval and its placement within the venue is the responsibility of the Hiring Client.
Use of Images
6.1 Unless otherwise mutually agreed by the parties in writing, the Hiring Client grants Unreal 360 an irrevocable right and license (including, without limitation, an intellectual property license) to use and publish in any and all media all images produced by the Goods during the Hiring Period for the purpose of the Owner’s marketing and advertising.
6.2 Unreal 360 will not use images which are deemed unsuitable on their website or for advertising and will not use any content that may be personally damaging to any persons/s.
Liability to Perform
7.1 Unreal 360 will not be liable for failing to perform under the Agreement by the occurrence of any event beyond our reasonable control, including a labour disturbance, power outage or interruption of service, communication outage, failure by a service provided to us to perform, fire, threatened or actual act of terrorism, natural disaster, or war.
Indemnity
8.1 The Hiring Client shall indemnify and keep indemnified Unreal 360 from any loss, damage or injury however caused from any negligent act, omission or breach of this contract by the Hiring Client or its agents, which occurs during the event.
8.2 The Hiring Client remains liable for any Hiring Fees during the period of repair or unavailability of the Goods due to loss, damage or theft while in the possession or control of the Hiring Client
Insurance
9.1 Unreal 360 carries public liability insurance to the value of $10,000,000. However, we recommend that separate “event” insurance be considered to cover against such eventualities as inclement weather, theft, equipment failure and any other unforeseen incidents.
9.2 The Hiring Client is liable for all excess, premiums and other costs associated with any insurance claim in relation to the Goods that arises from the use by the Hiring Client or its employees, agents or subcontractors during the Hire Period and must meet any shortfall in repair or replacement of the Goods following payment of any amount received under insurance, including any loss suffered by the Owner as a result of not being able to hire the Goods after the Hire Period.
Miscellaneous
10.1 Unreal 360 may stop the usage of the Booth at any time during the event if they feel that the Booth is being misused in a way that is dangerous to any persons or potentially damaging to the product.
10.2 Although an attendant is not required for the use of our Booth due to its extremely simple interface, at a minimum our operator will be in attendance during the setup and commencement of the hire period.
DISCLAIMER
11.1 The Hiring Client agrees and fully indemnifies Unreal 360 for and against all claims. The Hiring Client hereby acknowledges and agrees that Unreal 360 will in no way accept responsibility or be held accountable for any injury, death or loss of income caused to the Hiring Client, any third parties or properties due to the hire of equipment or provided services by Unreal 360.
11.2 The Hiring Client hereby acknowledges that it has read & understood the above Terms and Conditions and unconditionally accepts all the above by signing this copy and returning the original to Unreal 360 on or prior to payment of their deposit evidencing their acceptance of these Terms and Conditions.