1. Interpretation
1.1 In the following Terms and Conditions:
“Provider” shall mean Everybody Smile Photo Booth;
“Client(s)” shall mean “You” the Parties to the Contract;
“Event” shall mean the Event date as per the booking form;
1.2 It is agreed that the following terms and the Contract set out the entire agreement made between the parties, and that no variation or modification of the contract shall be effective unless agreed by both parties in writing. Each party acknowledges that, in entering into the contract, it has not relied on any statement, representation, assurance or warranty (whether made negligently or innocently) other than those expressly set out in the Contract and these Terms & Conditions.
Payment
2. Payment Terms
2.1. The acceptance of the booking outlined on the booking form, once completed, is based on agreement by the Client (s) of the terms and conditions stated herein.
2.2. The total cost payable by the Client (s) for Everybody Smile Photo Booth package is guaranteed at the time of booking to the Client (s). The total cost payable by the Client (s) as stated on the booking form.
2.3. The Client (s) has secured the booking with a £50 deposit and this is a non-refundable retainer which will secure Everybody Smile Photo Booth services for the date of the booking in the time framed agreed on the booking form. Bookings cannot be confirmed until the deposit has been received.
2.4. The balance outstanding will be paid the latest one month prior to the event date.
2.5. The Client (s) will be entitled to vary the package provided that the package is to the same value or greater. The variation in package will be dependent on availability.
2.6. Where payment is to be made by a third party, the Parties acknowledge that they shall remain responsible for any balance outstanding in respect of the Contract.
2.7. If the provider has to use the equipment for a time period in excess of the hire period agreed, the additional time will be billed to the Client at the following rates of £90 per hour of use. Idle hours are charged at £40 per hour. Payment for any additional time required must be paid before any additional hours are provided.
2.8. Any request for a date change must be made in writing at least thirty days 40 days in advance of the original event date. Change is subject to photo booth availability and receipt of a new booking agreement. If there is no availability for the alternate date, the deposit shall be forfeited and the event cancelled. If the client cancels the services less than 30 days prior to the event date the client will be responsible for paying the total outstanding balance.
2.9. Any cancellation will forfeit any deposit payment made. Your deposit is non -refundable however the provider will move the clients hire date if possible. The final payment is non -refundable unless Everybody Smile Photo Booth do not provide a photo booth hire for the client due on the event date due to the fault of the provider.
3. Service Period
3.1. Provider agrees to have a Photo Booth operational for a minimum of 90% during this period; operations may need to be interrupted for maintenance of the photo booth (e.g. restocking photo paper).
4. Venue and Conduct Requirements
4.1. Everybody Smile Photo Booths are not responsible for mistakes made in the venue location due to the client’s error. Clients are responsible for ensuring the full venue address and postcode is included on the booking form.
4.2. The Client will arrange for an appropriate sized space for the Photo Booth at the event venue. The provider also requires a space for the Props Box. The provider also requires a small table and a chair if the client (s) chooses the Photo Album option.
4.3. Where there is no adequate space for our booth setup and safe operation, the provider has the right to refuse the entire hire at the full cost of hire with no refund. The provider is providing photo booths for indoor use only and in a suitable location which is a flat and level surface.
4.4. The Client is responsible for providing adequate power for the Photo Booth. Everybody Smile Photo Booth is not responsible for arranging venue furniture, fixings or fittings to accommodate the booth.
4.5. The client is responsible for ensuring there is clear access to load and unload at the venue. The client will inform Everybody Smile Photo Booths of any circumstances that would make setting the booth up more demanding, including going upstairs, long distances from unloading area to venue etc. The provider allocates a set period of time for setting up the equipment at the venue which is included within the price. If there are any complications that are not made known to the provider beforehand then this will come out of the run time.
4.6. In the event that the Photo Booth is not ready to commence at the agreed time due to the fault on the providers behalf, then the provider will extend the finishing time of the hire to provide the full time allowance of the hire. In the event that the hire does not start at the agreed time, as setup has been delayed due to any unforeseen circumstance that is not the fault of the provider, then the hire will end as per the hire period agreed on booking form. In the event that the provider has to set up in 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.
4.7. It is the responsibility of the client to ensure the co-operative behaviour of subjects at an event. Should the Booth attendant feel unsafe at the contracted event or be subject to abuse and the client cannot control or prevent the situation then the photographer is entitled to advise the client of that situation and leave without forfeit on this contract (e.g. drunk / abusive guests at an event)
4.8. The provider will terminate a hire if they feel that any equipment or property belonging to Everybody Smile Photo booth is in danger of getting damaged or has been damaged due to the behaviour from guests.
4.9. The provider reserves the right to refuse guests permission to use the photo booth if they feel they are at risk of damaging equipment or if there is a health and safety risk.
4.10. The Client (s) acknowledges that it shall be responsible for any damage or loss to the Provider's Equipment caused by any misuse of the Provider's Equipment by the Customer or its guests.
5. Indemnification
5.1. The Client will indemnify the Provider against any and all liability related to the Client 's Event during or after Client 's event. The Client will indemnify the Provider from the time of service and on into the future, against any liability associated with the Client.
5.2. The Client will indemnify the Provider against any and all liability associated with the use of any pictures taken within the Photo Booth, by its representatives, employees or affiliates at the Client 's event.
6. Limitation of Liability
6.1. In the unlikely event of a total photographic failure or cancellation of this Contract by either party or in any other circumstance, the liability of one party to the other shall be limited to the total value of the Contract.
7. Consent
7.1. Everybody Smile Photo Booths reserves the right to use any photographs for promotional or any other uses of public display. This includes imagery of the Client (s) and the Client (s)’s guests.
7.2. We (the Client (s)) give permission to Everybody Smile Photo Booths to use any photographs from the Photo Booth or Photo Booth activities and the attending guests as required subsequent usage and for general promotional advertising for Everybody Smile Photo Booth on platforms.
7.4. The Client (s) agrees to indemnify Everybody Smile Photo Booths and its’ employees and agents from and against all losses, damages, claims, or liability of any kind whatsoever, including legal expenses, arising from the engagement and production of Everybody Smile Photo Booth Services. Everybody Smile Photo Booths is not responsible for accident, injury, loss or damage caused directly or indirectly in the process of gaining photographs or using the Photo Booth.
7.5. It is the Client (s)’s responsibility to make their guests aware that photographic images are being obtained of them. Everybody Smile Photo Booth reserves the right to use photographs of the Client (s)’s and their guests for promotional purposes or any other uses of public display such as photographic competitions. The Client (s) and/or their guest(s) have the right to withdraw this consent at any point.
8. Force Majeure
8.1. The due performance of this contract is subject to alteration or cancellation due to a Force Majeure Event. A Force Majeure Event means an event beyond the control of a party, which by its nature could not have been foreseen or, if it could have been foreseen, was unavoidable. For the avoidance of doubt, it does not include circumstances where the provider attends an event to perform the services and any of the parties fail to attend.
9. Governing law and jurisdiction
9.1. The parties irrevocably agree any dispute arising out of this contract shall be governed and construed in accordance with English Law and that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim.
By signing below the Client (s) agrees that they have read, fully understood and accept the terms and conditions of this Contract.