Something Borrowed.
SOMETHING BORROWED RENTAL AGREEMENT
1. Business Details
Business name: Something Borrowed Camcorders
Email: somethingborrowedcamcorders@gmail.com
Location: Gold Coast, Queensland, Australia
2. Booking Details
Your booking details are set out in your order confirmation, invoice or written booking confirmation, including:
- Customer name
- Contact details
- Wedding or event date
- Delivery address
- Return address, if different
- Rental package selected
- Number of camcorders hired
- Any add-ons or extras
- Total booking amount
- Payment option selected
- Security bond amount
- Hire period and return due date
You are responsible for checking that all booking details are correct. Please notify us as soon as possible if any details need to be updated.
3. Equipment Included
Unless otherwise stated in your booking confirmation, each standard camcorder hire package includes:
- 1-2 camcorder/s
- 1 charger
- 2 batteries, with one battery loaded in the camcorder and one spare battery included
- 1 SD card loaded in the camcorder
- 1 instruction card
- 1 complimentary shot list card
- 1 carry bag
- Any additional items listed in your order confirmation
All physical items supplied by Something Borrowed Camcorders are referred to in this Agreement as the “Equipment”.
The Equipment remains the sole property of Something Borrowed Camcorders at all times. You are hiring the Equipment only and do not obtain any ownership rights in the Equipment.
4. Equipment Condition
The Equipment may be vintage, second-hand, pre-loved or cosmetically worn. Minor marks, scratches, signs of previous use or cosmetic imperfections do not mean the Equipment is faulty.
We will test, charge, clean and prepare the Equipment before sending, delivering or handing it to you. We warrant that, to the best of our knowledge, the Equipment will be in working order when provided to you.
You agree to check the Equipment as soon as you receive it. If anything appears damaged, missing or not working, you must notify us within 24 hours of receiving the Equipment and before your wedding or event, where reasonably possible.
If you do not notify us of any issue within 24 hours of receiving the Equipment, the Equipment will be deemed to have been received complete and in working condition, unless otherwise required by law.
5. Hire Period
Your hire period will be listed in your order confirmation.
Unless otherwise agreed in writing:
- The Equipment will be delivered or made available before your wedding or event date.
- The Equipment must be returned by the return due date listed in your booking confirmation.
- If your return date falls on a Sunday or public holiday, the Equipment must be lodged with the nominated courier or returned on the next available business day, unless otherwise agreed in writing.
The hire period does not extend unless we agree to an extension in writing.
6. Delivery and Shipping
We will use reasonable care to send the Equipment in time for your booking. Delivery may be made by courier, Australia Post, local delivery, collection or another method agreed between us.
You acknowledge that delivery services are operated by third parties and may be affected by circumstances outside our control, including but not limited to courier delays, public holidays, weather events, strikes, incorrect delivery details, missed deliveries or other transit issues.
You are responsible for providing a complete and accurate delivery address. If delivery is delayed or unsuccessful because incorrect or incomplete information was provided, we are not responsible for any resulting delay, loss or inability to use the Equipment.
Responsibility for the Equipment passes to you once the Equipment is delivered to your nominated address, collected by you, or otherwise comes into your possession.
7. Return of Equipment
You must return all Equipment by the return due date using the return method we provide or approve.
You agree to:
- Pack the Equipment carefully using the packaging, bag, case or instructions provided.
- Include all items supplied with your booking.
- Use the return label, courier method or return instructions provided by us.
- Keep proof of postage or courier lodgement until we confirm the Equipment has been received.
- Notify us as soon as the Equipment has been lodged for return, if requested.
If you use a return method that has not been approved by us, you are responsible for any loss, delay, misdelivery or additional cost that occurs.
Our acceptance of returned Equipment does not confirm that the Equipment has been returned complete, undamaged or in working order. We reserve the right to inspect the Equipment after return.
8. Late Returns
Time is important because late returns may affect other couples’ bookings.
If the Equipment is not returned, posted or lodged with the nominated courier by the return due date, you agree to pay a late fee of AUD $50 per day for each day the Equipment is late.
Late fees continue to accrue until the Equipment is lodged for return, returned to us, or deemed lost or unreturned.
If the Equipment is more than 5 days late and we have not received proof of return lodgement or written communication from you, we may treat the Equipment as unreturned and charge you the replacement value of the Equipment, plus any accrued late fees and reasonable recovery costs.
9. Payment Options
You may choose one of the following payment options, subject to availability at checkout:
Option 1: Pay in Full
You may pay the full booking amount at the time of booking.
If you choose to pay in full, you are not paying a separate deposit. However, you acknowledge that 50% of the total booking amount is treated as the non-refundable portion of your booking if you cancel, as explained in section 12 of this Agreement.
Option 2: 50% Deposit + Final Balance
You may pay a 50% non-refundable deposit at the time of booking to secure your date.
The remaining 50% balance is due 1 month before your wedding or event date.
If your booking is made less than 1 month before your wedding or event date, the full booking amount is due at the time of booking unless otherwise agreed in writing.
Your booking is not fully confirmed until the required deposit or full payment has been received and you have received written confirmation from us.
10. Security Bond
A refundable security bond is required for all bookings.
The security bond amount will be listed at checkout, on your invoice or in your booking confirmation.
The security bond is separate from the hire fee. It is not part of the booking payment and cannot be used by you to pay the final balance, late fees, replacement costs or any other amount owing unless we agree in writing.
The security bond must be paid before the Equipment is released, shipped, delivered or collected. We are not required to send, deliver or release Equipment until the full booking amount and security bond have been paid.
The security bond may be used to cover amounts owing under this Agreement, including but not limited to:
- Late fees
- Missing items
- Cleaning
- Repair
- Replacement
- Damage
- Loss
- Theft
- Non-return
- Additional shipping or recovery costs
If the amount owing exceeds the security bond, you remain responsible for the balance.
If the Equipment is returned on time, complete, undamaged and in proper working order, the security bond will be refunded within a reasonable time after inspection.
11. Final Balance
If you select the 50% deposit payment option, the final balance must be paid in full no later than 1 month before your wedding or event date.
If the final balance is not paid by the due date, we may:
- Send a payment reminder.
- Pause preparation of your booking.
- Cancel your booking.
- Retain the non-refundable deposit.
- Release the Equipment and date for other customers.
We are not required to send, deliver or release Equipment until the full booking amount and security bond have been paid.
12. Cancellations by You
You may cancel your booking by providing written notice by email.
If you cancel your booking more than 30 days before your wedding or event date:
- Your 50% deposit is non-refundable.
- If you paid in full, 50% of the total booking amount will be treated as the non-refundable portion of your booking.
- Any amount paid above the non-refundable 50% may be refunded, less any costs already incurred by us, except where otherwise required by Australian Consumer Law.
You may not cancel your booking within 30 days of your wedding or event date for a refund.
If you cancel within 30 days of your wedding or event date, or after the Equipment has been shipped, delivered, collected or otherwise released for your booking, the full booking amount is payable and non-refundable, except where required under Australian Consumer Law or where you are eligible for a refund under section 21 of this Agreement.
The security bond will be refunded if the Equipment has not been released to you and there are no amounts owing under this Agreement.
13. Rescheduling
We understand that wedding and event dates can change.
If you need to reschedule, please contact us as soon as possible. We may, at our discretion, transfer your booking to a new date if:
- The new date is available.
- The same or suitable replacement Equipment is available.
- Any additional shipping, administration, price difference or other reasonable costs are paid.
- The request is made before the Equipment has been shipped, delivered, collected or otherwise released.
Rescheduling is not guaranteed. If your new date is unavailable and you choose not to proceed with the original date, this will be treated as a cancellation by you.
14. Cancellations by Us
We reserve the right to cancel a booking at our discretion, including but not limited to where:
- The Equipment becomes unavailable due to loss, damage, late return, courier issue, technical fault or another reason outside our reasonable control.
- You do not pay the final balance or security bond on time.
- You provide incomplete, inaccurate or misleading booking or delivery information.
- We reasonably believe the Equipment may be misused, damaged, lost or not returned.
- We are unable to provide the service due to events beyond our control.
If we cancel your booking through no fault of yours and cannot provide a suitable replacement or alternative solution, we will refund the amount you have paid for the affected booking.
If we cancel your booking because you have breached this Agreement, failed to pay an amount owing, provided incorrect information, or created a reasonable risk that the Equipment may be lost, damaged, misused or not returned, we may retain any non-refundable amounts and recover any costs, losses or expenses we have incurred.
15. Equipment Availability and Substitutions
We will make reasonable efforts to provide the Equipment listed in your order confirmation.
However, because the Equipment may be vintage, limited in quantity or affected by previous bookings, we reserve the right to provide a comparable replacement camcorder or accessory if the original item becomes unavailable.
A replacement may differ in appearance, model or minor features, but will be intended to provide a similar camcorder hire experience.
If a suitable replacement is available and you accept it, your booking will proceed as normal. If no suitable replacement is available, we will offer a refund for the affected portion of your booking.
16. Customer Responsibilities
You are responsible for the Equipment from the time it is delivered, collected or received by you until it is returned to us and inspected.
We understand that weddings and events are busy. You do not need to personally hold the Equipment at all times. However, you are responsible for making sure the Equipment is treated carefully and returned safely.
You agree to:
- Use the Equipment carefully, safely and responsibly.
- Follow all instructions provided.
- Make sure anyone using the Equipment is given the instructions or understands how to use it properly.
- Nominate a responsible person, where possible, to help look after the Equipment during your wedding or event.
- Keep the Equipment dry, clean and protected.
- Store the Equipment in a safe place when it is not being used.
- Keep the Equipment away from water, drinks, sand, mud, food, extreme heat and unsafe conditions.
- Charge batteries only with the charger supplied.
- Use only the SD card or accessories supplied or approved by us.
- Return all Equipment in the same condition it was received, except for reasonable wear and tear.
You are responsible for anyone who uses, handles, moves, stores or transports the Equipment during your hire period, including guests, bridal party members, vendors, venue staff, family members or friends.
17. Prohibited Use
You must not:
- Submerge the Equipment in water.
- Expose the Equipment to rain, pools, baths, showers, sprinklers, drinks, sea water, sand, mud or excessive dust.
- Leave the Equipment outside overnight.
- Leave the Equipment unattended in a public place.
- Use the Equipment while swimming, boating or in any unsafe environment.
- Use the Equipment in extreme heat, humidity, storms or unsafe weather.
- Open, disassemble, modify, repair or attempt to repair the Equipment.
- Remove, cover or tamper with serial numbers, labels or identification.
- Use third-party chargers, cables, batteries, SD cards or accessories unless approved by us.
- Use the Equipment for unlawful, unsafe or inappropriate purposes.
- Sell, loan, sub-hire or transfer the Equipment to another person.
- Use the Equipment in a way that risks damage or loss.
18. Damage, Loss or Theft
You are responsible for loss, theft, damage or non-return of the Equipment during your hire period, except to the extent caused by us or otherwise required by law.
If Equipment is lost, stolen, damaged, not returned, returned incomplete or returned in a condition that is not reasonably usable, you agree to pay the reasonable cost of repair, cleaning, replacement or recovery.
This may include, but is not limited to:
- Camcorder replacement
- Battery replacement
- Charger replacement
- SD card replacement
- Carry bag replacement
- Accessory replacement
- Cleaning fees
- Repair costs
- Data recovery costs, if applicable
- Loss of use fees if the Equipment cannot be hired to another customer
- Courier, administration or recovery costs
Replacement cost will be based on the reasonable market cost of replacing the item with the same or comparable item, taking into account availability, age, condition and model.
If an item is no longer available, we may charge the reasonable cost of an equivalent replacement.
We may deduct any amounts owing from your security bond. If the security bond does not cover the full amount owing, you remain responsible for the balance.
19. Equipment Issues and Notification
If the Equipment appears damaged, faulty, incomplete or not working, you must notify us as soon as possible.
Where reasonably possible, you must notify us:
- Within 24 hours of receiving the Equipment; and
- Before your wedding or event begins.
This gives us the opportunity to troubleshoot the issue, provide instructions, arrange a replacement where possible, or otherwise assist before your wedding or event.
If you do not notify us of an issue before your wedding or event where it would have been reasonable to do so, this may affect your eligibility for a refund, replacement or other remedy.
If an issue occurs during your wedding or event, you must notify us as soon as reasonably possible and provide details of what happened.
We may request photos, videos, screenshots, error messages, a description of the issue, confirmation of the steps taken, and the returned Equipment and SD card for inspection before assessing whether you are eligible for a refund, replacement or other remedy.
20. Footage and SD Cards
The SD card supplied with the camcorder is part of the Equipment and must be returned unless otherwise agreed in writing.
You are responsible for ensuring the camcorder is used, charged and handled correctly throughout your event.
You acknowledge that the footage captured depends on many factors outside our control, including but not limited to:
- Whether the camcorder is turned on and recording
- Whether the camcorder is used by you, your guests or your nominated person
- Battery charging and swapping
- SD card capacity
- Lighting and audio conditions
- Guest handling
- User error
- Accidental deletion or formatting
- Environmental conditions
- Whether the lens is covered, blocked or dirty
- Whether the Equipment is exposed to damage or interference
We do not guarantee that specific moments, people, vows, speeches, songs, audio, dances, reactions, angles or parts of your day will be captured.
21. Refund Eligibility for Equipment or Delivery Issues
We want you to receive working Equipment and usable video memories from your wedding or event. If something goes wrong, you may be eligible for a full or partial refund depending on the circumstances, the package booked, the extent to which the service was affected, and your rights under Australian Consumer Law.
You may be eligible for a refund if:
- The camcorder Equipment supplied by us is determined by us, or by a qualified repairer or technician where required, to have malfunctioned due to a fault that was not caused or contributed to by user error, misuse, damage, environmental factors, failure to follow instructions, or anything outside our reasonable control.
- The camcorder is used at your wedding or event, all setup and usage instructions are properly followed, and no usable video is able to be recorded because of an Equipment fault that was not caused or contributed to by user error, misuse, damage, environmental factors, failure to follow instructions, or anything outside our reasonable control.
- The package is lost in transit before delivery to you and, as a result, you are unable to receive or use the Equipment for your wedding or event, provided that you supplied correct delivery information and followed all instructions reasonably required of you.
You will not be eligible for a refund if the issue was caused by, contributed to, or related to a matter outside our control, including but not limited to:
- User error, misuse, mishandling or failure to follow instructions.
- The camcorder not being used, not being turned on, not being charged, or not recording because of user operation.
- Guests, family members, vendors or nominated users choosing not to film, forgetting to film, or failing to capture particular moments.
- Poor footage quality caused by lighting, audio conditions, shaky handling, framing, guest behaviour, environmental factors, or the nature of guest-operated footage.
- Accidental deletion, formatting, full SD card, flat batteries, or failure to use the supplied accessories correctly.
- Damage, loss, theft, late return or non-return of the Equipment.
- Incorrect or incomplete delivery information provided by you.
- Courier delay where the package still arrives in time for your wedding or event.
- Cancellation, change of mind, postponement, rescheduling, or your wedding or event not going ahead.
A refund will not be provided simply because you are unhappy with the style, quantity, angle, quality, sound, lighting, guest participation or content of the footage, provided the Equipment and editing services were supplied with reasonable care and skill.
Any refund, replacement, repair or remedy under this section is provided in addition to, and does not limit, your rights under Australian Consumer Law.
22. Australian Consumer Law
Nothing in this Agreement excludes, restricts or modifies any rights or remedies you may have under the Australian Consumer Law or any other applicable law.
Our goods and services come with guarantees that cannot be excluded under Australian Consumer Law.
Where a failure with goods or services amounts to a major failure, you may be entitled to the remedies available under Australian Consumer Law. Where a failure is minor, we may be entitled to provide an appropriate remedy.
Any refunds, replacements, repairs or remedies under this Agreement are subject to your rights under Australian Consumer Law.
23. No Guarantee of Specific Results
Something Borrowed Camcorders provides a guest-operated camcorder hire and editing service. We do not provide professional videography, event coverage, filming direction, guest management or guaranteed capture of specific moments.
You acknowledge that this is a DIY-style camcorder hire service. The outcome depends heavily on how the Equipment is used during your wedding or event.
We are not responsible for missed moments, missed audio, poor lighting, poor framing, shaky footage, guest behaviour, lack of guest participation or footage that does not meet your personal expectations, except where required by law or where you are eligible for a refund under section 21 of this Agreement.
24. Editing
Every standard booking includes a professionally edited wedding or event video of approximately 2–3 minutes, unless otherwise stated in your booking confirmation.
The final edited video will be created using the footage captured on the camcorder during your hire period.
You acknowledge that the final edit depends on the quality, quantity and content of the footage captured. Because this is a guest-operated camcorder service, we cannot guarantee that particular people, moments, speeches, vows, audio, reactions, songs, angles or parts of your day will appear in the final video.
We will use reasonable care and skill when editing your video. Creative decisions, including music, pacing, clip selection, colour, structure and overall style, are made at our discretion unless we have agreed otherwise in writing.
Editing revisions are not included, except where a name, date or other factual detail included by us in the final video is incorrect.
If your name, wedding or event date, or another factual detail has been included incorrectly, you must notify us within 7 days of receiving the edited video. We will correct the error within a reasonable timeframe.
Revision requests for creative preference, music choice, clip selection, colour, pacing, structure, footage quantity, footage quality, guest participation, or overall editing style are not included and may be refused or quoted as additional editing work at our discretion.
We will deliver your edited video and footage within 2 weeks of receiving the returned Equipment, provided the Equipment has passed our inspection checks and all footage is accessible.
Public holidays may add additional time to this 2-week delivery timeframe.
Delivery timeframes may also be affected by footage volume, technical issues, file transfer issues, corrupted files, inaccessible footage, customer delay, or events beyond our reasonable control.
25. Footage Delivery, Downloading and Storage
After your booking, we will provide access to your raw footage and edited video by digital link.
We will deliver your footage and edited video within 2 weeks of receiving the returned Equipment, provided the Equipment has passed our inspection checks and all footage is accessible.
Public holidays may add additional time to this 2-week delivery timeframe.
You are responsible for downloading your footage and edited video and making your own copies.
We do not provide permanent footage storage. Once your footage and edited video have been made available to you, it is your responsibility to download, save and back up the files.
We may delete your raw footage, edited video, project files and any related files 30 days after delivery of the digital link.
We are not responsible for files that are lost, deleted or unavailable after the 30-day period where you have failed to download or back up the files.
You acknowledge that video files, SD cards, links, drives, downloads and digital storage can be affected by corruption, accidental deletion, technical faults, upload issues, download issues, user error, internet issues or physical damage.
We will not publish, share or use your private footage for marketing purposes without your consent, unless otherwise agreed in writing.
If you provide consent for us to use footage, screenshots or clips for marketing, you may withdraw that consent in writing. Withdrawal will not affect any use that has already occurred before consent was withdrawn.
26. Cleaning
The Equipment must be returned in a reasonably clean condition.
If Equipment is returned with excessive dirt, sand, makeup, food, drink residue, confetti, glitter, mud, moisture, smoke odour or any other substance requiring additional cleaning, we may charge a reasonable cleaning fee.
Cleaning fees may be deducted from your security bond.
27. Communication
All official communication must be made by email to:
somethingborrowedcamcorders@gmail.com
You are responsible for checking your email, including junk or spam folders, for booking confirmations, invoices, instructions, shipping updates, reminders, footage delivery links and return information.
28. Customer Information
You agree to provide accurate, complete and up-to-date information, including:
- Full name
- Email address
- Phone number
- Delivery address
- Wedding or event date
- Return details
- Any other information reasonably required for your booking
We are not responsible for delays, failed delivery or booking issues caused by incorrect, incomplete or outdated information provided by you.
29. Limitation of Liability
To the maximum extent permitted by law, Something Borrowed Camcorders is not liable for indirect, incidental, special or consequential loss, including but not limited to emotional distress, loss of enjoyment, loss of memories, lost footage, missed moments, lost profits, lost opportunities or event disruption.
To the maximum extent permitted by law, our total liability in connection with your booking is limited to the amount paid by you for the affected booking, except where a higher amount is required under Australian Consumer Law or another applicable law.
30. Indemnity
You agree to indemnify and hold harmless Something Borrowed Camcorders from claims, costs, expenses, losses, damage or liability arising from:
- Your use, possession, storage or transport of the Equipment.
- Use of the Equipment by your guests, family, vendors or other third parties.
- Damage, loss or theft of the Equipment during your hire period.
- Injury, property damage or loss caused by use or misuse of the Equipment.
- Breach of this Agreement.
This indemnity does not apply to the extent the claim, cost, expense, loss, damage or liability was caused by our negligence, breach of law or breach of this Agreement.
31. Force Majeure
We are not liable for failure or delay in performing our obligations where that failure or delay is caused by events outside our reasonable control, including but not limited to natural disasters, severe weather, courier or postal disruptions, government restrictions, technical failures, supplier issues, previous customer late returns, damage to Equipment from a previous booking, or other events beyond our control.
Where possible, we will take reasonable steps to minimise the impact on your booking.
32. Agreement Changes
We may update this Agreement from time to time.
The version that applies to your booking is the version available or provided to you at the time your booking is made, unless we both agree otherwise in writing.
Any changes to your individual booking must be confirmed in writing.
33. Severability
If any part of this Agreement is found to be invalid, unlawful or unenforceable, the remaining parts will continue to apply.
34. Governing Law
This Agreement is governed by the laws of Queensland, Australia.
The parties submit to the jurisdiction of the courts and tribunals of Queensland, Australia.
35. Acceptance
By placing a booking, paying a deposit, paying in full, signing this Agreement, or ticking an agreement checkbox at checkout, you acknowledge and agree that:
- You have read and understood this Agreement.
- You agree to be bound by this Agreement.
- You are responsible for the Equipment during your hire period.
- You understand the payment, cancellation, late return, security bond, damage and refund eligibility terms.
- You understand the editing terms, including that revisions are not included except where a name, date or other factual detail included by us is incorrect.
- You understand that this is a guest-operated camcorder hire and editing service, not a professional videography service.
- You understand that you are responsible for downloading and backing up your footage and edited video once provided.