Contract Terms and Conditions
In the following Terms and Conditions “the provider(s)” shall mean “event-photobooth” trading as “Boocock Media” or any third party appointed by them due to illness or inability to attend your event as per section 8. “The Client(s)” shall be those whose name appears on the contract. If the Client(s) arrange for a third party to meet the costs of this contract the contract and ultimate responsibility for payment remains with the Client(s). The due performance of the contract is subject to the conditions below. The Client(s) cannot vary these in any way unless such conditions are expressly agreed by the provider(s) in writing. Agreement to Terms and Conditions When hiring a Photo Booth from the provider(s) you the client(s) do so in accordance with this Hire Agreement. You the client(s) are deemed to have accepted the hire charge for the hire of a Photo Booth, which you the Client(s) have been quoted to you at the time of placing your order. The Terms and Conditions you agree to at the time of booking your event shall apply to your booking. The provider(s) reserve the right to amend or update the Terms and Conditions at any time and any subsequent bookings made by the client shall be governed by such terms.
1. Payments: a) Prices for hire are clearly stated on our website (www.event-photobooth.com) in pounds sterling. Prices may change from time to time, but price changes will not affect any booking, which we have confirmed by email. b) A non-refundable booking retainer of 30% (paid by cash, cheque, or BACs) along with a completed booking form and contract will confirm your booking. The retainer fee forms part of the total cost of your package (i.e. it is NOT in addition to the cost of the package) and is deducted when calculating the final balance due. c) Payment for the hire is due in full NO LATER THAN Twenty-Eight days prior to the contracted date. You MUST allow sufficient time for your payment to clear. d) Non-receipt of the full balance by the due date will be deemed cancellation of the contract by the Client(s). e) If the Client uses the equipment for a period in excess of the agreed service period additional rental charges will be payable by the Client to the Provider, calculated at £100 per hour. The Client must pay for all additional rental charges before any additional service period commences. f) Title to all goods remains with the provider(s) until paid for in full by the client(s) g) We will arrive approx. 90 minutes prior to the event any idle time needed prior to the event will be charged at £25 per hour. All these timings need to be arranged by you with the venue.
2. Cancellation Fees: a) If the Client(s) should have to cancel a booking the following cancellation fees will become due immediately upon said cancellation. All cancellations must be sent to event-photobooth in writing and using Royal Mail Special delivery. b) Client(s) cancellation with less than three months to go until the hire date, full price for the complete photo booth package booked will be applied. c) If the Client(s) cancel more than three months before their hire date then no additional fees shall be payable. Note the 30% retainer fee is non refundable. d) Where the Provider(s) are able to rebook the date with an equivalent booking, then the cancellation fee will be reduced to the non-refundable retainer only and any additional cancellation fees already paid will be refunded accordingly. e) Client(s) are advised to purchase insurance to cover short notice cancellation of their hire due to an act of God (eg, flood/storm/snow). The provider(s) will try to rebook on an available date, but this is not guaranteed. No refund will be payed to the client(s)
3. Copyright: a) The Copyright Designs and Patents Acts assign the copyright of the images to the provider(s) b) The Provider(s) agree to allow the Client(s) to reproduce unlimited prints and copies for personal use only. c) Should you wish to use any of our photographs or imagery for public / corporate use, please email us to obtain express agreement.
4. Installation a) It is the client(s) responsibility to ensure the provider(s) is given the correct venue address, postcode and contact details. The provider cannot be held responsible for delays due to incorrect information. b) The provider(s) requires a minimum of ninety minutes to set up and test the Photo Booth correctly. If you require the Photo Booth to be set up in a shorter period, then we cannot be held responsible if it is not setup correctly or ready for your start time. c) It is the client(s) responsibilities to inform us of any circumstances that may make setting up take longer; these may include going upstairs, a long distance from unloading area to set-up area, room turn around timings etc. If we are not aware of these and the set-up takes longer than usual your hire period may be used as part of the set-up period. d) It is up to the client(s) to ensure that all appropriate consents and approvals have been obtained to ensure that the provider(s) are permitted access to install the Photo Booth at the requested location. e) The client(s) must ensure that the space provided for the Photo Booth is suitable (at least 2m width x 3m length, 2.1m height) and access to mains supply electricity within 10 metres of the booth location. If using a generator, please advise the provider(s) in advance to ensure it is suitable. f) The Provider(s) are covered by Public Liability Insurance up to £5 million and all our equipment is PAT tested. It is your responsibility to check this is acceptable by the venue. We are not responsible if the venue refuses to allow the provider(s) to operate. g) The Photo booth is for indoor use only or in a totally waterproof marquee with a flat floor surface. h) Hired equipment will be set up in one location agreed on arrival and once unloaded cannot be moved.
5. Hire Period a) The provider(s) will arrive to set approximately 90 minutes before the agreed start time depending on what service has been hired. b) The hire period will commence from the agreed period of time as per the booking form and finish at the agreed time. c) In the event that the provider(s) are not ready to commence at the agreed time due to our fault we will still give you the agreed hire period by extending the finishing time of the hire. d) In the event that the hire does not start at the agreed time as setup has been delayed due to either the venue not allowing access on time or your events are over running the hire will still end as per the agreed time on the booking form. e) In the event that the provider(s) have set up on time, but the hire does not start at the agreed time due to over running of previous activities by the client(s) or venue the hire will still end as per the agreed time on the booking form.
6. Termination of Hire a) The Provider(s) will not tolerate any abuse or threatening behavior to our staff, if this occurs the booth staff retains the right to terminate the hire immediately. This applies equally to you and your guests. b) The provider(s) are also within their right to terminate a hire if they feel that any equipment or property belonging to the Provider(s) is in danger of getting damaged or has been damaged due to unruly behavior from clients and/or their guests. c) Wherever possible and reasonable to do so the provider(s) will speak with you or the venue first to try to resolve the matter before any termination is enacted. d) If the provider(s) do terminate, for any reason, the full Hire Charge will remain due and we will not issue any refunds for any period of hire not provided. e) The Provider(s) reserve the right to refuse guests to participate in the activities if we feel they are too unruly or too intoxicated. f) Children under 10 are to be supervised at all times by an adult over 16 years when using the photo booths. The Provider reserves the right to not allow children to use the services if they are not accompanied and under the control of a responsible adult or if we feel they are hampering the enjoyment of our services for other guests.
7. Damages to the Equipment a) If for any reason the provider(s) equipment gets damaged during the hire period by the client or their guests the client will be responsible for the cost of repairing/replacing the part(s). If any equipment does get damaged and this affects the service(s) the hire will be terminated as per termination of hire section above. b) The client(s) are strongly advised to purchase adequate insurance to cover the Photo Booth against, theft, loss or damage to equipment at all times during the Hire Period, this includes props.
8. Force Majeure: a) The due performance of the contract is subject to alteration or cancellation by the Provider(s) owing to any cause beyond their reasonable control (e.g act of God/sudden illness/injury/damage/victim of crime). b) In the event of cancellation by the provider(s), or in the unlikely event of total equipment failure, the Provider(s) liability shall be limited to a full refund of any deposits and fees paid. c) In the unlikely event that it is not possible, other than for reasons beyond the Provider’s control, to provide an operational Photo Booth for at least 80% of the agreed service period, the Provider shall make a refund to the Customer calculated on pro rata from the total charge made for the agreed service period. d) Where the rental includes a photographic printer and for any reason printed photographs cannot be provided on site at the time of the event, the Provider will place the photographs on a web site which the client and guests can access the photos. Photographs will be printed and delivered by post, free of charge to the client(s) post hire. e) If no service is received, the Provider(s) maximum liability will be the return of all payments received from the client(s). The Provider(s) is not responsible for any consequential damages or lost opportunities upon breach of this agreement.
9. Limitation of Liability a) The provider(s) disclaim any and all liability to the client(s) for the supply of the Photo Booth to the fullest extent permissible under applicable law. This does not affect the client(s) statutory rights as a consumer. If the provider(s) are found liable for any loss or damage to the client(s) such liability is limited to the Hire Charge the Client(s) have paid. b) The Provider(s) cannot accept any liability for any loss, damage or expense, including any direct or indirect loss such as loss of profits, to the Clients(s) howsoever arising. c) The Provider(s) shall not be held liable for any failure or delay in performing the service and hiring the Photo Booth where such failure arises as a result of a Force Majeure event. In such circumstances our liability shall be limited to a pro rata refund of the deposit where applicable. d) The Provider(s) do not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the hire of the Photo Booth. We do not make any representation or guarantee that use of the Photo Booth in any promotional context will generate revenue or customers for you or your business.
10. Limitation of equipment a) The Photo booths Karaoke feature has a limited ability to record the sound of singers in noisy environments, the client(s) are advised to consider the placement of the photo booth away from other high volume equipment or background noises. If the photo booth fails to sufficiently pick up the voice of the singers the provider(s) will only be able to produce the video clip without sound, (Voice Sync) b) The photo booths Green Screen feature converts any green item into the selected digital background; any item or person wearing green will be affected. c) The provider(s) will try to color match the photo templates as requested by the client(s) on the order form but cannot guarantee a perfect color match. d) The provider(s) hires two type of photo booth frame, oval backed, and square backed, these are continuously updated, and their outer covers are change from time to time. If the client(s) have a preferred style of photo booth you are advised to comment on the remarks part of the booking form, Photo booths are allocated on a first come basis, so your preferred photo booth might not be available.
11. Photograph/Video Usage a) The client(s) allow the Provider(s) to display any photograph and video covered by this contract and to generally promote the business in advertising, brochures, magazine articles, websites and other such material, providing that the images used are used lawfully and without damage to the Client(s). b) When Photo Uploads have been requested during the booking process you the client(s) agree that all pictures taken in the Photo Booth may be uploaded to our web gallery and Facebook page, the provider(s) will not take any responsibility of publishing the pictures from the photo booth. By attending the client(s) event the provide(s) are of the understanding that permission has been granted to do so by the client(s) and your guests unless stated on the booking form. It is strongly advised client(s) to ensure all guests are aware of your intent for the photographs taken in the photo booth are uploaded to social media and our website. d) We will delete any images deemed to be offensive or could cause embarrassment to individuals and will remove any picture from our website if requested. e) Updates to social media company use of photos, maybe beyond our control for future events and could affect publishing your photos on their sites.
12. Digital Files: a) The digital files shall remain the property of the provider(s) and shall be kept for not less than 6 months from the hire date. b) Should digital files be lost, damaged or destroyed the Provider(s) liability shall be limited to a Pro Rata refund of fees paid, but shall not include a refund for any goods already supplied. No refund will be due for any digital files lost, damaged, or destroyed after 6 months from the date of the hire. c) Images placed in password protected galleries within the website are not available to the general public in the normal course of events. However, it is impossible to prevent determined skilled persons from accessing these galleries.
13. Privacy: The Provider(s) may store your data on a private internal database. This data will not be made available to outside companies or individuals. Should you wish to have your data removed from the database, please advise in writing and retain your confirmation.
14. Complaints: any complaints must be received in writing within seven days of receipt of the hire date. This includes photographs and services that have been agreed.
15. Governing Law: Any contract made between the Provider(s) and the Client(s) shall in all respects be governed by and construed in accordance with English Law and the parties hereto submit to the exclusive jurisdiction of the English courts.