Terms & Condition’s

Pixel Entertainment Pty Ltd ABN 87 664 680 951 trading as Pixel Booth

These Terms & Conditions apply to bookings made with Pixel Entertainment Pty Ltd trading as Pixel Booth.

1. Definitions

In these Terms:

Attended Service means a Service where the Booking expressly states that a Pixel Booth attendant or operator will remain at the Event during the contracted operating period.

Booking means the accepted quotation, proposal, booking confirmation, invoice or other written document describing the Services.

Booking Deposit means any amount identified in the Booking as payable to secure the Event date.

Booking Price means the total amount payable for the Services described in the Booking.

Business Client means a Client acquiring the Services wholly or predominantly for the purposes of a business, company, organisation, agency, school, university, government body, campaign or brand.

Client, you or your means the person or entity identified in the Booking.

Custom Products means custom-made or personalised items including booth wraps, backdrops, floor graphics, signage, props, guest books, photo-strip designs, printed materials and similar items produced specifically for a Booking.

Event means the event, activation, function or occasion for which the Services are supplied.

On-Call Service means a Service where Pixel Booth sets up and removes the equipment but is not required to have a staff member continuously stationed beside the equipment while it operates.

Pixel Booth, we, us or our means Pixel Entertainment Pty Ltd trading as Pixel Booth.

Private Client means a Client acquiring the Services wholly or predominantly for private, domestic or household purposes, including a wedding, birthday or private celebration.

Services means the services, equipment and products described in the Booking.

2. Contract formation

2.1 A quotation or proposal does not reserve an Event date unless Pixel Booth expressly states otherwise.

2.2 A Booking becomes binding when:

(a) you accept the quotation or proposal;

(b) any required Booking Deposit is paid; and

2.3 Acceptance may occur by:

(a) electronic signature;

(b) completing an online booking form;

(d) payment of the Booking Deposit where the Booking states that payment constitutes acceptance; or

(e) another electronic method accepted by Pixel Booth.

2.4 By entering into the Booking, you confirm that:

(a) you are at least 18 years old; and

(b) if you are booking on behalf of a company, organisation, agency, brand or another person, you have authority to enter into the Booking on their behalf.

2.5 The Booking and these Terms together form the agreement between you and Pixel Booth.

2.6 If there is an inconsistency between these Terms and a specific written term in the Booking, the specific term in the Booking prevails.

2.7 The version of these Terms provided or linked to you when the Booking is made applies to that Booking. Later changes to Pixel Booth's website Terms do not retrospectively alter an existing Booking unless agreed in writing.

3. Prices and payment

3.1 The Booking Price and payment schedule are stated in the Booking.

3.2 Unless otherwise stated:

(a) prices quoted to Private Clients include GST where applicable; and

(b) Business Client quotations will state whether GST is included or additional.

3.3 Booking Deposit

Unless the Booking states otherwise, a $150 Booking Deposit is required to secure the Event date.

The Event date is not reserved until the Booking Deposit has been received and Pixel Booth has confirmed the Booking.

3.4 Application of Booking Deposit

The Booking Deposit forms part of, and is credited towards, the total Booking Price.

If the Event proceeds, the Booking Deposit is deducted from the balance otherwise payable.

If the Client cancels the Booking, the Booking Deposit will be applied towards any cancellation amount properly payable under clause 5.

The Booking Deposit is not automatically forfeited merely because a Booking is cancelled. If the Booking Deposit exceeds the amount Pixel Booth is entitled to retain under clause 5, the excess will be refunded to the Client.

If the amount payable under clause 5 exceeds the Booking Deposit, the Client must pay the remaining cancellation amount.

3.5 Unless the Booking states otherwise, the remaining balance must be paid no later than seven days before the Event.

3.6 If an amount remains unpaid when due, Pixel Booth may give written notice requiring payment.

3.7 If payment is still not received after that notice, Pixel Booth may:

(a) suspend preparation;

(b) withhold Services or deliverables to the extent permitted by law; or

(c) where the failure to pay amounts to a material failure to proceed with the Booking, treat the Booking as cancelled by the Client under clause 5.

3.8 Additional charges may apply where stated in the Booking or subsequently agreed in writing for matters including:

(a) additional operating time;

(b) idle or waiting time;

(d) parking;

(e) tolls;

(f) CBD or venue logistics;

(g) compulsory venue inductions;

(h) security requirements;

(i) stairs or difficult access;

(j) additional staff;

(k) Client-requested changes;

(l) additional travel; and

(m) venue-imposed charges.

3.9 Pixel Booth will not increase the price of an existing Booking merely because its general prices later increase.

3.10 For Business Clients, Pixel Booth may charge reasonable interest on overdue undisputed amounts where an interest rate has been disclosed in the Booking or invoice.

4. Changes requested by the Client

4.1 You must notify Pixel Booth promptly of any material change to the Event.

4.2 Changes may include:

(a) venue;

(b) Event date;

(d) guest numbers;

(e) Event type;

(f) access;

(g) Service type;

(h) branding;

(i) custom artwork; or

(j) other matters affecting delivery of the Services.

4.3 Requested changes are subject to availability.

4.4 Where a requested change increases the cost or scope of the Services, Pixel Booth may provide a revised price for approval before proceeding.

5. Client cancellation

5.1 You may cancel a Booking by giving Pixel Booth written notice.

5.2 Where you cancel for convenience and do not otherwise have a statutory or contractual right to cancel without charge, the following are the maximum cancellation amounts ordinarily applicable:

More than 90 days before the Event: up to 10% of the Booking Price.

31–90 days before the Event: up to 25% of the Booking Price.

16–30 days before the Event: up to 50% of the Booking Price.

15 days or less before the Event, or failure to proceed without notice: up to 100% of the Booking Price.

5.3 These amounts recognise that Pixel Booth reserves equipment, staff and capacity for an Event and that the ability to obtain a replacement Booking generally reduces as the Event approaches.

5.4 Pixel Booth will not retain or recover more than its reasonable loss resulting from the cancellation.

5.5 When determining its reasonable loss, Pixel Booth may take into account:

(a) administration and booking costs;

(b) work already carried out;

(d) commitments made to third parties;

(e) reasonable loss resulting from having declined another Booking for the date;

(f) proximity of the cancellation to the Event;

(g) Custom Products already designed, ordered or produced;

(h) costs avoided because the Event will no longer proceed; and

(i) any replacement Booking obtained.

5.6 Where Pixel Booth secures a replacement Booking for substantially the same date and resources, revenue reasonably attributable to that replacement Booking will be taken into account in determining Pixel Booth's cancellation loss.

5.7 Non-refundable Custom Product or third-party costs may be charged in addition to the applicable cancellation amount only to the extent those costs have not already been included and there is no double recovery.

5.8 Any money paid above the amount properly payable under this clause will be refunded.

5.9 Nothing in this clause limits any statutory cancellation or refund right.

6. Postponements and date changes

6.1 Requests to postpone or change the Event date must be made in writing.

6.2 A replacement date is subject to Pixel Booth's availability.

6.3 Unless otherwise agreed, a transferred Booking must take place within 12 months of the original Event date.

6.4 Where Pixel Booth can accommodate a first postponement, amounts already paid will ordinarily be transferred to the replacement Booking, subject to:

(a) Custom Product costs already incurred;

(b) non-recoverable third-party charges;

(d) additional travel or venue costs; and

(e) reasonable changes in pricing where the replacement date falls within a materially different pricing period.

6.5 A Booking moved into a later calendar year or to a materially different high-demand date may be subject to the pricing applicable to that date.

6.6 Peak periods may include:

(a) Saturdays;

(b) public holidays;

(d) major-event dates; and

(e) other dates expressly identified as peak dates in the Booking.

6.7 A second or subsequent postponement may be treated as cancellation of the existing Booking and creation of a new Booking.

6.8 A Booking cannot be postponed indefinitely.

6.9 Nothing in this clause limits rights arising under applicable law.

7. Venue, access and operating requirements

7.1 Unless Pixel Booth expressly agrees otherwise, you are responsible for ensuring that the venue permits the Services.

7.2 You are responsible for obtaining venue approvals and permits unless Pixel Booth has expressly agreed to obtain them.

7.3 You must provide accurate information about:

(a) loading and unloading access;

(b) parking;

(d) lifts;

(e) bump-in restrictions;

(f) access times;

(g) security requirements;

(h) contractor inductions;

(i) operating space;

(j) power;

(k) internet access where required;

(l) sound limits;

(m) venue curfews; and

(n) other venue restrictions.

7.4 You must provide an operating area that is reasonably:

(a) safe;

(b) level;

(d) dry; and

(e) suitable for the booked equipment.

7.5 Outdoor equipment must be appropriately protected from:

(a) rain;

(b) excessive wind;

(d) unstable surfaces;

(e) excessive heat; and

(f) other conditions that could reasonably damage equipment or create a safety risk.

7.6 Pixel Booth may refuse, pause or relocate equipment where continuing operation would create an unreasonable safety or equipment risk.

7.7 Pixel Booth is not responsible for delay or inability to perform to the extent directly caused by:

(a) inaccurate information supplied by the Client;

(b) failure to provide required access;

(d) failure to provide conditions reasonably necessary for the Services.

8. Event delays and operating time

8.1 Services operate during the times stated in the Booking.

8.2 The contracted finish time will not automatically be extended where setup or operation starts late because of:

(a) delayed venue access;

(b) delayed speeches;

(d) venue management;

(e) Client instructions;

(f) guest delays; or

(g) another circumstance outside Pixel Booth's reasonable control.

8.3 Pixel Booth will attempt to accommodate changes where reasonably practicable.

8.4 Additional time is subject to:

(a) staff availability;

(b) equipment availability;

(d) additional charges.

8.5 Where operating time is lost because of a failure for which Pixel Booth is responsible, clause 11 applies.

9. Attended and On-Call Services

Attended Services

9.1 Where an Attended Service is booked, Pixel Booth will provide an attendant or operator during the operating period stated in the Booking.

9.2 Pixel Booth may substitute personnel where reasonably required due to illness, emergency, availability or similar circumstances.

9.3 Pixel Booth will use reasonable efforts to provide a suitably skilled substitute.

On-Call Services

9.4 Where an On-Call Service is booked:

(a) Pixel Booth will deliver, install and test the equipment before operation where venue access permits;

(b) the equipment operates without a Pixel Booth employee being continuously stationed beside it;

(d) technical support may initially be provided remotely by telephone, messaging or remote troubleshooting;

(e) Pixel Booth will use reasonable efforts to commence remote troubleshooting promptly after being notified of a material issue; and

(f) where remote troubleshooting cannot resolve a material problem and physical attendance is reasonably required, Pixel Booth will arrange attendance as soon as reasonably practicable.

9.5 Physical attendance time depends on factors including:

(a) distance;

(b) traffic;

(d) venue access;

(e) safety; and

(f) the nature of the technical issue.

9.6 Unless expressly stated in the Booking, On-Call Service does not guarantee immediate physical attendance.

9.7 The Client must promptly notify Pixel Booth after becoming aware of a material equipment fault.

9.8 Pixel Booth is not responsible for operating time that could reasonably have been restored earlier but for an unreasonable delay in reporting the problem.

9.9 The Client is not required to:

(a) dismantle equipment;

(b) open equipment;

(d) undertake technical repairs.

10. Internet and third-party platforms

10.1 Some Services rely on internet connectivity or third-party systems.

10.2 These may include:

(a) social sharing;

(b) QR delivery;

(d) email delivery;

(e) AI functionality; and

(f) cloud processing.

10.3 Where venue internet access is required, the Client must provide suitable access unless another arrangement is stated in the Booking.

10.4 Pixel Booth is not responsible for interruption caused solely by:

(a) venue internet;

(b) telecommunications outages;

(d) third-party platforms outside Pixel Booth's reasonable control.

10.5 Where possible, Pixel Booth may continue the core Service locally and complete digital delivery once connectivity is restored.

10.6 Nothing in this clause limits statutory rights.

11. Equipment failure and service interruptions

11.1 Pixel Booth prepares and maintains its equipment with reasonable care.

11.2 Electronic, mechanical, printing and network systems can occasionally experience faults.

11.3 If a fault occurs, Pixel Booth may take steps including:

(a) remote troubleshooting;

(b) restarting equipment;

(d) switching to backup equipment;

(e) continuing photography while printing is temporarily unavailable;

(f) storing images locally;

(g) delivering images after the Event;

(h) completing uploads after internet connectivity returns; or

(i) extending operation where reasonably practicable.

11.4 A temporary interruption that is rectified and does not materially reduce the overall value of the Service does not automatically constitute failure of the entire Booking.

11.5 Where Pixel Booth is responsible for material operating time being lost and the lost time cannot reasonably be restored or extended, an appropriate remedy will be determined having regard to:

(a) duration of the interruption;

(b) the affected Service;

(d) the total Booking duration; and

(e) any rights available under applicable law.

11.6 Where there is a major failure under the Australian Consumer Law, the Client retains all remedies available under that law.

12. Damage to Pixel Booth equipment

12.1 The Client is responsible for the conduct of guests, attendees, invitees, employees, contractors and other persons attending or participating in the Event in relation to Pixel Booth equipment.

12.2 For a Business Client conducting a public or commercial activation, references in this clause to guests or attendees include members of the public permitted to interact with the equipment as part of the activation.

12.3 The Client must take reasonable steps to ensure Pixel Booth equipment is not:

(a) moved;

(b) lifted;

(d) struck;

(e) climbed on;

(f) leaned on;

(g) knocked over;

(h) exposed to drinks or liquids;

(i) deliberately or recklessly mishandled;

(j) tampered with;

(k) opened;

(l) disconnected;

(m) altered; or

(n) otherwise physically damaged.

12.4 If Pixel Booth equipment suffers physical damage during the Event as a direct result of deliberate, reckless or negligent handling, misuse, interference or damage by:

(a) the Client;

(b) a guest;

(d) an invitee;

(e) an employee;

(f) a contractor;

(g) a member of the public participating in the Event; or

(h) another third party present at the Event,

the Client is responsible for 100% of Pixel Booth's reasonable loss resulting from that physical damage, regardless of whether the Booking is an Attended Service or an On-Call Service.

12.5 The reasonable loss recoverable may include:

(a) replacement parts;

(b) materials;

(d) assessment fees;

(e) inspection fees;

(f) freight;

(g) transport;

(h) removal and reinstallation;

(i) replacement of damaged components;

(j) replacement of an enclosure, shell or structure where repair is not reasonably practicable;

(k) substitute-equipment hire reasonably required while equipment is being repaired; and

(l) other reasonable direct costs necessarily incurred in restoring the equipment.

12.6 Where equipment cannot reasonably or economically be repaired and replacement is required, Pixel Booth may recover the reasonable replacement loss.

12.7 Where an entire asset is replaced, the replacement claim will take into account the age, condition and reasonable value of the damaged equipment immediately before the incident where appropriate.

12.8 Pixel Booth is entitled to the full reasonable replacement cost of a damaged component where that component reasonably needs to be replaced with a new equivalent component in order to restore the equipment.

12.9 The Client remains responsible under this clause even if:

(a) the person who caused the damage cannot later be identified;

(b) the person who caused the damage refuses to pay;

(d) the Client intends to recover the amount through its own insurance,

provided Pixel Booth can reasonably establish that the physical damage occurred during the Event and resulted from third-party misuse or interference.

12.10 The presence of a Pixel Booth attendant does not make Pixel Booth responsible for physical damage caused by a guest or third party merely because the attendant was present.

12.11 Pixel Booth personnel may:

(a) intervene;

(b) pause operation;

(d) remove equipment from service; or

(e) terminate the affected Service

where they reasonably believe continued operation creates a material risk of injury or physical damage.

12.12 During an On-Call Service, the Client must take reasonable steps to supervise the equipment and promptly contact Pixel Booth if:

(a) guests are mishandling the equipment;

(b) equipment has been moved;

(d) continued operation appears unsafe.

12.13 The Client is not responsible under this clause to the extent that physical damage:

(a) was caused or contributed to by Pixel Booth's negligence or deliberate misconduct;

(b) resulted from an inherent or pre-existing equipment defect;

(d) occurred before Pixel Booth made the equipment available for the Event; or

(e) occurred after Pixel Booth resumed exclusive possession of the equipment.

12.14 Pixel Booth will provide reasonable supporting evidence of material repair or replacement costs claimed, which may include:

(a) photographs;

(b) incident reports;

(d) repair quotations;

(e) invoices; or

(f) replacement invoices.

12.15 Amounts properly payable under this clause must be paid within seven days after Pixel Booth provides an invoice and reasonable supporting evidence, unless another arrangement is agreed.

12.16 Where appropriate, the Client may refer the claim to its insurer.

12.17 Pixel Booth is not required to delay reasonable repairs while the Client or its insurer investigates a claim where delay would materially affect Pixel Booth's ability to service other Bookings.

12.18 Nothing in this clause limits a right or liability that cannot lawfully be excluded.

13. Client and guest conduct

13.1 Guests must not:

(a) abuse Pixel Booth personnel;

(b) threaten personnel;

(d) interfere with equipment;

(e) behave dangerously around the equipment; or

(f) deliberately misuse the Services.

13.2 Pixel Booth may temporarily suspend operation where guest conduct creates a safety risk.

13.3 If serious unsafe behaviour continues after the Client or venue is asked to address it, Pixel Booth may terminate the affected Service where reasonably necessary to protect people or property.

13.4 Where operation is suspended or terminated because of conduct for which the Client is responsible, there is no automatic entitlement to replacement operating time.

14. Children and child-related work

14.1 Where children attend an Event, their general supervision remains the responsibility of:

(a) their parent;

(b) guardian;

(d) venue; or

(e) Event organiser,

as applicable.

14.2 Pixel Booth personnel do not become responsible for supervising children merely because children use the equipment.

14.3 Where applicable law requires a Working with Children Clearance or other child-safety requirement for particular work or personnel, Pixel Booth will comply with that requirement.

14.4 Pixel Booth will comply with applicable employer verification and record-keeping obligations relating to child-related work.

15. Custom artwork, designs and printing

15.1 Where the Booking includes Custom Products, Pixel Booth may provide a proof for approval.

15.2 You are responsible for checking:

(a) names;

(b) spelling;

(d) logos;

(e) wording;

(f) colours;

(g) layout;

(h) dimensions; and

(i) other Client-supplied content.

15.3 Unless another deadline is stated, Pixel Booth may require final material and approval at least 14 days before the Event where production is required.

15.4 Once a final proof has been approved and production has commenced, later changes may incur additional:

(a) design;

(b) printing;

(d) supplier;

(e) freight; or

(f) installation costs.

15.5 Where Pixel Booth accurately reproduces the approved proof, Pixel Booth is not responsible for an error that was clearly visible in the approved proof.

15.6 Pixel Booth remains responsible where the final product materially differs from the approved proof because of Pixel Booth's error.

15.7 The Client acknowledges that reasonable colour differences may occur between:

(a) screens;

(b) printers;

(d) physical products;

(e) lighting conditions; and

(f) display calibration.

16. Client-supplied material

16.1 You warrant that you have permission to provide any:

(a) logo;

(b) trade mark;

(d) artwork;

(e) music file;

(f) copy;

(g) design; or

(h) other material

supplied to Pixel Booth for use in the Booking.

16.2 You grant Pixel Booth a licence to reproduce and adapt that material only to the extent reasonably necessary to perform the Booking.

16.3 You indemnify Pixel Booth against a third-party intellectual-property claim to the extent the claim arises directly from Client-supplied material for which you did not have the required rights.

16.4 This indemnity does not apply to the extent Pixel Booth caused the claim by unauthorised modification or use.

17. Copyright in Pixel Booth content

17.1 For the purposes of section 35 of the Copyright Act 1968 (Cth), including section 35(5) where applicable, the parties expressly agree, to the extent permitted by law, that copyright in photographs, videos, layouts, graphics and other original material created by or for Pixel Booth in performing the Services is owned by Pixel Booth or its relevant licensor.

17.2 A Private Client receives a perpetual, worldwide, royalty-free, non-exclusive licence to:

(a) download;

(b) reproduce;

(d) share; and

(e) publish

delivered event material for private and non-commercial purposes, including personal social media use.

17.3 Unless the Booking states otherwise, a Business Client receives a perpetual, non-exclusive licence to use delivered photographs and videos for its own:

(a) internal use;

(b) marketing;

(d) social media;

(e) campaign purposes; and

(f) promotional purposes.

17.4 Third-party intellectual property remains subject to the rights of its respective owner.

17.5 A Client must not sell, sublicense or commercially exploit Pixel Booth's:

(a) proprietary templates;

(b) underlying design files;

(d) systems; or

(e) production assets,

unless expressly agreed.

18. Pixel Booth marketing and portfolio use

18.1 Permission to photograph an Event for delivery to the Client does not automatically authorise Pixel Booth to use every identifiable photograph for unrelated advertising.

18.2 During the booking process, Pixel Booth may ask the Client whether selected event images or videos may be used in Pixel Booth's:

(a) website;

(b) social media;

(d) case studies; and

(e) advertising.

18.3 The Client will be given a clear opportunity to accept or decline that permission.

18.4 Pixel Booth may also display reasonable notices at Events or activations explaining how photographs are being captured and used.

18.5 Event signage does not itself replace individual consent where individual consent is legally required.

18.6 Pixel Booth will obtain appropriate permission before using an identifiable guest as a prominent subject of Pixel Booth advertising where such permission is legally required or reasonably expected.

18.7 Appropriate parent or guardian permission will be obtained for identifiable minors where required.

19. Photography services

19.1 Photography involves professional and artistic judgment.

19.2 Unless the Booking specifies otherwise, Pixel Booth retains reasonable professional discretion regarding:

(a) composition;

(b) lighting;

(d) editing;

(e) colour treatment;

(f) cropping; and

(g) photographic style.

19.3 Pixel Booth does not guarantee that every:

(a) guest;

(b) moment;

(d) requested image

will be captured.

19.4 The Client should provide advance notice of:

(a) essential photographs;

(b) key people;

(d) ceremonies; and

(e) time-sensitive moments.

19.5 Pixel Booth is not responsible for missed images to the extent they result from:

(a) lack of reasonable notice;

(b) guest non-cooperation;

(d) obstruction;

(e) insufficient lighting outside Pixel Booth's control; or

(f) circumstances outside Pixel Booth's reasonable control.

19.6 Delivery times will be stated in the Booking where relevant.

20. DJ services

20.1 Music briefs and material restrictions must be supplied within any deadline stated in the Booking.

20.2 Requests made during the Event remain subject to:

(a) the DJ's reasonable discretion;

(b) availability of music;

(d) sound restrictions; and

(e) venue rules.

20.3 The Client must disclose known:

(a) sound limits;

(b) curfews;

(d) special microphone requirements.

20.4 Pixel Booth is not responsible for reduced volume or shortened performance resulting solely from mandatory venue restrictions outside Pixel Booth's control.

20.5 Microphones, ceremony audio and additional sound equipment are included only where stated in the Booking.

21. Online galleries and digital files

21.1 Unless stated otherwise, an online gallery will ordinarily remain available for at least 90 days after delivery.

21.2 The Client is responsible for downloading and maintaining its own copy of final delivered files before the gallery expires.

21.3 Pixel Booth does not guarantee indefinite archival storage.

21.4 Gallery links may be accessible to anyone who receives the link or access credentials.

21.5 The Client should take appropriate care when sharing private gallery links.

21.6 Pixel Booth may remove content earlier where reasonably necessary for:

(a) legal reasons;

(b) privacy;

(d) platform compliance,

and will provide notice where reasonably practicable.

22. AI Photo Booth Services

22.1 AI-generated and AI-assisted systems can produce varied or unexpected outputs.

22.2 Pixel Booth may use:

(a) predefined styles;

(b) approved prompts;

(d) filtering; and

(e) moderation controls.

22.3 Pixel Booth may refuse or filter prompts or outputs that it reasonably considers:

(a) unlawful;

(b) sexually explicit;

(d) seriously offensive;

(e) threatening;

(f) defamatory;

(g) infringing;

(h) inappropriate involving a real person;

(i) sexualised involving a minor; or

(j) unsuitable for the Event.

22.4 Pixel Booth does not guarantee that every AI output will be:

(a) aesthetically satisfactory;

(b) factually accurate; or

22.5 For corporate activations, the Client should approve the principal style or creative direction before the Event where Pixel Booth supplies sample outputs.

22.6 AI functionality may depend on third-party systems and internet connectivity.

23. Corporate activations and data capture

23.1 The Booking will specify any agreed:

(a) QR downloads;

(b) email capture;

(d) social sharing;

(e) digital gallery;

(f) campaign reporting; or

(g) other data functionality.

23.2 Where Pixel Booth processes personal information on behalf of a Business Client, Pixel Booth will handle that information in accordance with:

(a) the agreed campaign requirements;

(b) applicable law; and

23.3 The Business Client is responsible for ensuring that Client-directed:

(a) marketing consent wording;

(b) competition terms;

(d) privacy notices; and

(e) data instructions

are lawful.

23.4 Providing an email address to receive an Event photograph does not automatically constitute consent to receive unrelated marketing communications.

24. Agency and white-label work

24.1 An agency booking on behalf of another brand or client warrants that it has authority to approve:

(a) scope;

(b) creative;

(d) data requirements;

(e) Event logistics; and

(f) other instructions.

24.2 Unless agreed otherwise, the agency remains responsible for payment regardless of whether its own client has paid the agency.

24.3 Where a Booking is expressly agreed to be white-label, Pixel Booth will use reasonable efforts to communicate through the agency regarding material commercial matters.

24.4 Pixel Booth may communicate directly with:

(a) venue staff;

(b) suppliers;

(d) technical staff; or

(e) the end client

where reasonably required to safely and effectively deliver the Event.

24.5 Material changes requested after agreed approval deadlines are subject to availability and additional charges.

25. Confidentiality

25.1 Each party must keep confidential non-public commercial information received from the other party.

25.2 Confidential information may include:

(a) unreleased campaigns;

(b) embargoed products;

(d) non-public pricing;

(e) creative concepts;

(f) customer data;

(g) attendee data; and

(h) business plans.

25.3 Confidential information may be disclosed:

(a) to staff and contractors who reasonably need it to perform the Booking;

(b) to professional advisers;

(d) with consent.

25.4 Confidentiality obligations continue after the Booking ends.

26. Privacy

26.1 Pixel Booth handles personal information in accordance with its Privacy Policy and applicable law.

26.2 The Privacy Policy deals with matters including:

(a) collection;

(b) use;

(d) third-party platforms;

(e) storage;

(f) security;

(g) retention;

(h) access;

(i) correction; and

(j) privacy enquiries.

26.3 Additional corporate privacy or data-processing requirements must be agreed in writing.

27. Events outside reasonable control

27.1 Neither party is responsible for failure to perform to the extent performance is prevented by an event genuinely outside that party's reasonable control.

27.2 Such circumstances may include:

(a) major fire;

(b) flood;

(d) venue closure;

(e) government restriction;

(f) civil emergency;

(g) widespread utility failure;

(h) major transport disruption; or

(i) another event making performance legally or practically impossible.

27.3 The affected party must notify the other party as soon as reasonably practicable.

27.4 The parties will first attempt to transfer the Booking to a mutually acceptable replacement date within 12 months.

27.5 A replacement date remains subject to Pixel Booth's availability.

27.6 Non-recoverable Custom Product and third-party costs already incurred remain payable to the extent permitted by law.

27.7 If the Booking cannot reasonably be rescheduled, or the contract is legally frustrated, refunds and amounts recoverable will be determined in accordance with applicable law.

27.8 Mere inconvenience, reduced attendance, ordinary bad weather or increased cost does not automatically mean performance has become impossible.

28. Pixel Booth cancellation

28.1 Pixel Booth may cancel or refuse to perform a Booking where performance cannot lawfully or safely occur and no reasonable alternative is available.

28.2 Where Pixel Booth cancels for reasons within its reasonable control and the Client is not in breach, Pixel Booth will:

(a) refund amounts paid for Services not supplied; and

(b) provide any further remedy required by law.

28.3 Pixel Booth may suspend or terminate Services where the Client commits a serious breach, including:

(a) material non-payment;

(b) serious unsafe conduct;

(d) deliberate equipment interference; or

(e) another material breach that is not remedied after reasonable notice where notice is practicable.

29. Australian Consumer Law

29.1 Pixel Booth's Services come with guarantees that cannot be excluded under the Australian Consumer Law where the Australian Consumer Law applies.

29.2 Nothing in these Terms excludes, restricts or modifies:

(a) a statutory consumer guarantee;

(b) a statutory remedy; or

that cannot lawfully be excluded or modified.

29.3 Remedies for failure to comply with a consumer guarantee will be determined in accordance with applicable law.

30. Limitation of liability

30.1 This clause applies only to the maximum extent permitted by law.

30.2 Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited.

30.3 Pixel Booth is not responsible for loss to the extent caused or increased by:

(a) inaccurate Client information;

(b) the Client's breach;

(d) venue failures outside Pixel Booth's control;

(e) third-party telecommunications or platform failures outside Pixel Booth's control; or

(f) another person's acts or omissions for whom Pixel Booth is not legally responsible.

30.4 Clause 30.3 does not apply to the extent Pixel Booth caused or contributed to the loss.

30.5 Where section 64A of the Australian Consumer Law lawfully permits a limitation for a particular Service, Pixel Booth's liability may be limited, where fair and reasonable, to:

(a) supplying the Services again; or

(b) paying the reasonable cost of having the Services supplied again.

Business Clients

30.6 Subject to clause 30.2, each party's aggregate contractual liability arising from a Business Client Booking is limited to the Booking Price.

30.7 The cap in clause 30.6 does not apply to:

(a) fraud;

(b) wilful misconduct;

(d) intellectual-property infringement;

(e) breach of confidentiality;

(f) damage to Pixel Booth equipment recoverable under clause 12;

(g) liability that cannot lawfully be limited; or

(h) properly payable Booking fees.

30.8 Subject to applicable law, neither party is liable to the other for:

(a) loss of profit;

(b) loss of revenue;

(d) loss of opportunity;

(e) loss of goodwill;

(f) loss of reputation; or

(g) business interruption,

whether characterised as direct, indirect, special or consequential loss.

30.9 Clause 30.8 does not limit any right or remedy that cannot lawfully be excluded.

31. Indemnities

31.1 A party indemnifies the other party against third-party claims and direct loss only to the extent caused by that party's:

(a) breach;

(b) negligence;

(d) infringement of third-party rights.

31.2 An indemnity is reduced to the extent the person seeking the indemnity caused or contributed to the loss.

31.3 Clause 12 separately governs physical damage to Pixel Booth equipment.

31.4 Clause 16 separately governs Client-supplied intellectual property.

32. Complaints and disputes

32.1 If a dispute arises, the parties should first attempt to resolve it directly.

32.2 A party raising a dispute should provide sufficient information to allow the other party to understand and respond to the issue.

32.3 The parties may agree to mediation where appropriate.

32.4 Nothing prevents either party from:

(a) seeking urgent relief;

(b) using VCAT where it has jurisdiction;

(d) contacting another regulator; or

(e) exercising a statutory right.

33. Notices

33.1 Notices relating to:

(a) cancellation;

(b) postponement;

(d) disputes

must be in writing.

33.2 A notice may be sent to the email address used for the Booking or another address nominated in writing.

33.3 An email is treated as received when it enters the recipient's information system unless the sender receives notice that delivery failed.

33.4 Where timing depends on business days, a notice received after 5:00 pm or on a weekend or Victorian public holiday may be treated as received on the next business day.

34. Assignment and subcontracting

34.1 Neither party may transfer its rights and obligations under a Booking to another person without the other party's consent, which must not be unreasonably withheld where the transfer would not materially prejudice the other party.

34.2 Pixel Booth may engage appropriately skilled:

(a) employees;

(b) contractors;

(d) photographers;

(e) DJs;

(f) attendants; and

(g) suppliers

to assist in providing the Services.

35. Insurance, venue documents and compliance

35.1 Pixel Booth will maintain any insurance required by law and any insurance expressly represented in the Booking as being maintained.

35.2 Where reasonably required by a venue, Pixel Booth may provide current documentation that it actually holds, including:

(a) public liability insurance evidence;

(b) electrical testing records;

(d) compliance information.

35.3 Nothing in this clause represents that a particular licence, clearance or certificate is legally required for every Booking.

36. Survival

The following clauses continue after completion or termination of a Booking to the extent necessary:

(a) unpaid amounts;

(b) damage to equipment;

(d) confidentiality;

(e) privacy;

(f) indemnities;

(g) limitations of liability;

(h) dispute resolution; and

(i) any other clause intended by its nature to continue.

37. General

37.1 The Booking and these Terms contain the agreement between the parties concerning the Services, subject to statutory rights and representations that cannot lawfully be excluded.

37.2 Changes to a confirmed Booking must be agreed in writing.

37.3 If part of these Terms is invalid or unenforceable, that part is severed to the minimum extent necessary and the remainder continues.

37.4 Failure or delay in exercising a contractual right does not by itself waive that right.

37.5 Electronic communications and electronic signatures may be used to form and administer a Booking to the extent permitted by law.

37.6 Headings are for convenience only.

37.7 Where these Terms require something to be reasonable, that requirement means objectively reasonable having regard to the circumstances and is not determined solely by one party.

38. Governing law

38.1 These Terms and each Booking are governed by the laws applicable in Victoria, Australia and applicable Commonwealth law.

38.2 Subject to statutory jurisdictional rights, the parties submit to the non-exclusive jurisdiction of the courts and tribunals of Victoria.

39. Contact

Pixel Entertainment Pty Ltd trading as Pixel Booth
ABN 87 664 680 951
Email: info@pixelbooth.com.au