It is agreed that this contract will govern terms and conditions on which PhotoPrime will provide Services at the Client’s Event and it is agreed that this contract sets out the total contract made between the parties and that no variation or modification of this contract shall be effective unless agreed by both parties in writing. The following contract supersedes all other written and/or oral agreements between the parties and its terms will set forth an agreement between PhotoPrime (the Provider) and the parties named on the Booking Form (the Client), for a Photo Booth or PhotoPod or as stated on the Booking Form.
SERVICE PERIOD
The Service Period will be outlined on the booking form. Provider will arrive approximately 30-40 minutes before the Service period begins for setup.
RENT
Client has agreed to rent a Service from the Provider for their Event; a non-refundable deposit of £50 (the ‘Booking Fee’) per Service is required upon submission of the contract. Following payment of the Booking Fee the remaining balance is due 1 week prior to the Event unless otherwise agreed in writing by PhotoPrime. Payment of additional Services is to be made when they are ordered for the prices stated upon order. Client agrees that in addition to any and all other legal rights and remedies the Provider may have, the Client will pay a £25 fee for any and all returned cheques which the Client may write to the Provider as payment for any Service by the Provider or rental of the Provider’s equipment.
POWER SUPPLY & SPACE
The Client must ensure that a 13amp power supply is available and the Client must ensure that it is within 10 meters from the main power source. Should no power supply be available, or the power supply not be adequate to fulfil this contract, then the full fee shown on this contract shall still be payable by the Client. The Client will arrange for an appropriate level space at the Event’s venue and in the event of an outdoor Event a suitable roof, awning, or canopy for potential inclement weather.
SCOPE OF WORK
The Client is aware that on rare occasions onsite maintenance &/or servicing of Equipment may be required & acknowledges that, as a result, minor delays &/or interruptions in Service may be experienced. However, the Provider will seek to fulfil the full duration of time contracted herein even in the event of delays/interruptions. Should the Equipment fail for any reason and cannot be repaired within a reasonable time, the Provider will reimburse the Client on a pro rata basis the basic Hire fee less the Booking Fee
In some cases, some of the Services are provided by Third-Party suppliers. In those instances, the Provider shall not be held liable for any damage, loss or liability arising from the Third-Party supplier not fulfilling their part of the Service.
DIGITAL FILES FROM PHOTO EXPERIENCES
Digital Files from Photo Booth or Photo Pod experiences remain the property of PhotoPrime.
DRY HIRE ITEMS
All items collected and returned to our depot require a £50 cash returnable deposit. Once the items are returned back to us in the same condition then the £50 cash deposit will be returned. Please note this returnable deposit is in addition to, and separate from the actual hire costs. Loss, neglect or damage to the equipment beyond reasonable usage will be charged for at the discretion of PhotoPrime to cover costs incurred and replacements required. The Client’s name stated on the invoice is the individual held liable for the equipment during the hire period.
SAFETY
It is the responsibility of the Client named on this contract to provide a safe working environment for the Event. If this is not available, the full amount will remain payable. This includes:
- The venue has the required access and area required to allow the equipment to be set up safely.
- The area where the equipment is to be set up is clean and clear from anything that may cause injury or damage to the equipment or participators.
- We reserve the right to refuse to perform or operate the equipment if we believe the venue is unsuitable or unsafe.
- We will not be held responsible for any obstruction, nuisance or interference.
Safety is of paramount importance! Participants must take responsibility for using our products in a safe manner, as PhotoPrime cannot be held liable in the event of damages or incidents. The Client will, during the period of the hiring, be responsible for the supervision of the equipment (unless it is stated that PhotoPrime will staff the equipment), its care, safety from damage however slight or change of any sort, and the behaviour of all persons of all ages using the equipment whatever their capacity. You should ensure that you hold the necessary insurance to cover yourself or staff in this instance. PhotoPrime excludes any liability for injury loss or damage caused to any person using the equipment contrary to the terms and conditions of this Contract.
The Client shall not use the equipment for any purpose other than that described in the Booking Form, and shall not sub hire or use the equipment or allow the equipment to be used for any unlawful purpose or in any unlawful way which could cause damage to others or the equipment.
DAMAGES AND INDEMNIFICATION
The Client 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 Client or its guests, both invited and uninvited. In the unlikely event of photographic failure or cancellation of this contract by either party or in any other circumstances the liability of one party to the other shall be limited to the “Price”. Neither party shall be liable to indirect or consequential loss. The Client will indemnify the Provider against any and all liability related to the Client’s Event during or after the 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. The Client will indemnify the Provider against any and all liability associated with the use of pictures taken within the PhotoPrime Photo Booths, its representatives, employees or affiliates at the Client’s Event.
REFUSAL
The Client acknowledges the Provider shall have the right to decline Service to the Client’s guest (invited or uninvited), for misuse, inappropriate photos or unruly behaviour. We welcome the use of our Services by guests of all ages, however for insurance reasons, under 16s must be accompanied and supervised by a responsible adult at all times.
PUBLIC LIABILITY INSURANCE
We carry public liability insurance for £10 million pounds and it is subject to the terms and conditions of this contract being complied with. Public Liability Insurance is excluded in its entirety following any claim or injury to any third party or employee whether directly or indirectly related to the use of drugs and/or alcohol.
FORCE MAJEURE OR ACT OF GOD
The due performance or alteration of this contract is subject to alteration of cancellation by either party owing to any cause beyond their reasonable control.
DATE CHANGES & CANCELLATIONS
Any request for a date change must be made in writing at least thirty days in advance of the original Event date. Change is subject to availability and receipt of a new Service Contract. If there is no availability for the alternate date, the deposit shall be forfeited and Event cancelled. Any cancellation occurring less than thirty days prior to the Event date shall forfeit all payments received.
CANCELLATION
The Client may cancel this contract at any time after it has been signed by sending a written notice to PhotoPrime. If the Client notifies PhotoPrime more than 120 days before the date of the Event is due to take place then PhotoPrime shall reimburse the Client the whole of the price as is more particularly defined below.
If the Client notifies PhotoPrime that they wish to cancel the contract at any time within three months of the date of the Event then the amount of compensation that they shall receive shall be calculated as a proportion of the difference between the “Price” and “Booking Fee” in accordance with the table below: (detailing the amount refunded to the Client).
[0-30] days 0% [30-60] days 50% [60-120] days 70% [more than 120] days 100%In the Event of cancellation of this contract all Booking Fees paid are non-refundable.
Bookings made within 7 days of your event date are excluded from the 7-day cooling off period and the above cancellation charges apply. Please note that nonpayment does cancel your booking
- If sub-contractors have been booked for your Event the terms will be in accordance with their own policy.
ELECTRONIC FORMS
Electronic Form Submission Forms may be submitted via email and form a binding agreement equivalent to a signed hardcopy.
DATA PROTECTION
Any personal data you give to us will be processed in accordance with the law. By entering into this Agreement, you agree we may use the information for any purpose related to this Agreement, including providing you with information about us. To help us do this, we may share it with an associated business or with third parties if they do work for us or if the law requires us to do so or if they provide services that may be required to meet your obligations under this agreement. We will not supply the data to third parties for them to use in their marketing without your permission. We will only retain your data whilst we still need it. This is usually for the period that you are a customer and for seven years afterwards.
COMPLAINTS
The Client shall notify PhotoPrime in writing within 21 days of receipt of the Event if they have a complaint setting out the nature of the complaint in sufficient detail so as to make it clear to PhotoPrime the nature and reason for the complaint.
THIS CONTRACT DOES NOT REQUIRE SIGNATURE