Terms of Business
What you can expect from us and what we request from you
Terms of Business
1. In these terms and conditions, Funky Photo Booth shall be referred to as “the company”.
2. The person(s) and/or the company who book the equipment shall be deemed as the client, herein referred to as “the client”.
3. Unless otherwise stated in writing, these Terms and Conditions apply to all services provided by the company. Therefore it is deemed that by placing a booking with the company (verbally or in writing), whether it is explicitly stated or not, whether the client signs to indicate their acceptance or not, these Terms and Conditions are binding between the two parties.
4. Unless otherwise agreed in writing, a deposit or retainer fee shall be required before a booking can be confirmed. This deposit shall be deducted from the balance payable. A booking is not confirmed until the company sends a written confirmation.
5. In these Terms and Conditions, the date on which the company shall provide the services booked by the client shall be referred to as “the date of the event”.
6. You agree that email and other electronic communications can be used as a long-distance means of communication and acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.
7. The inclusive amount the company charges for the services provided including all hire fees, extras, transport and VAT (where applicable) shall be referred to as the “total amount”.
8. The monetary value of the total amount shall be defined at the time of booking in writing.
9. Any extra charges incurred during the event or after the event (which are not included in the total amount) shall be herein referred to as “additional charges” and/or “extra charges”.
10. The total amount and any additional charges shall be paid subject to the payment terms.
11. We reserve the right, by giving notice to you at any time before delivery or performance of our obligations to you, to increase the price of the Services to reflect any increases in the cost to us due to any factor beyond our control (such as without limitation, any foreign exchange fluctuation, significant increase in the costs of labour, materials or other costs of manufacture). In the unlikely event of this occurring, you shall be entitled to cancel the order at any time before we have commenced providing the services.
Suitable Space, Access & Parking
12. The client shall provide the company a suitable space for the equipment hired to be erected and used properly according to any relevant health and safety legislation and/or best practise.
13. Withstanding clause 12, unless otherwise agreed in writing, for photo booths a suitable space shall be defined as: a clean, safe, dry, indoor space which is at least 9ft wide, 6ft deep and 7ft high with a suitable 1kw 13A Power Supply within 2 metres and enough space for staff to work freely and safely around the booth and for guests to queue.
14. If the space allocated is unsuitable at the time of arrival or if the space becomes unsuitable during the duration of the hire, then the company can reserve the right to cancel the hire subject to the cancellation terms set out in the document here written.
15. The client shall be responsible for ensuring that the space for the Photo Booth is within 50 metres of a loading bay or parking facility for the vehicle delivering the Photo Booth. The rout of access from the vehicle to the space shall be safe and level and free of steps in order to allow the components of the Photo Booth to be delivered.
16. Parking for the Photo Booth delivery vehicle shall be provided, at the client’s expense for the duration of their event and/or any period where the company is required to be on site in order to fulfil the agreement.
Extra Hours, Extra Work and Waiting
17. Where the client request to extend their hire time on the date of their event a fee shall be charged. The company will quote for this service at the time of the request, the request will be granted subject to availability.
18. Where the client requests set up as completed more than 1 hour before the start time of their hire then a fee shall be charged for the ‘idle hours’ the booth is in situation but not being used. The company will quote for this service at the time of the request, the request will be granted subject to availability.
19. Where the company are unable to pack up their equipment at the end of the clients event at the scheduled time, free from interruption and/or where the company is unable to leave the clients premises free from obstruction at the end of an event; then the client may be liable to pay for extra work involved. The amount charged will fairly reflect any costs incurred as a result of the delay and shall be invoiced to the client within 7 days of the booking.
20. Unless otherwise agreed in writing, the balance should be paid at least 28-days prior to the date of the event.
21. Unless otherwise agreed in writing, if the client’s event is 28-days or less from the date/time of booking then the full balance should be due at the time of booking.
22. If the Client fails to pay on time subject to either of the terms listed above or subject to any other payment terms stated in writing at the time of booking; the company may cancel the booking subject to the company’s cancellation terms set out elsewhere in this document.
23. Unless otherwise agreed in writing, invoices for extra charges will be paid no later than 7 days from the date of the invoice.
Cancellation Terms & “Cooling-off Period”
24. The company operates a tiered cancellation policy as followed:
a) Cancellations within 7 days of booking: free of charge. (This is sometimes also referred as a cooling-off period). Any deposit paid shall be refunded. The only exception to this clause is when the event date is 7 or fewer days from the date/time of the booking. In this instance the client shall be liable to make full payment and shall not be entitled to any refunds of deposits already made.
b) Cancellation after 7 days of the date/time of booking and more than 6 months until the date of the event: the client shall be liable to pay 0% of the outstanding balance.
c) Cancellation after 7 days of the date/time of booking and between 90-180 days before the event date: the client shall be liable to pay 30% of the total payable.
d) Cancellation after 7 days of the date/time of booking and between 31-90 days before the event date: the client shall be liable to pay 60% of the total payable.
e) Cancellation less than 30 days before the event date (including but not limited to cancellations on the date of the event): the client shall be liable to pay 100% of the total payable. *This clause does not apply to bookings where the event date is 7 or fewer days from the date/time of booking. In this instance clause a. applies.
25. The client should notify their wish to cancel a booking at the first instance available by telephone. This request should also be followed up in writing.
26. A booking shall only be deemed as cancelled once the company has sent confirmation of the cancellation in writing.
27. It is not possible to amend the event date of a booking.
28. Therefore; unless otherwise agreed in writing, where a client wishes to change their event date from the one originally booked then this shall be treated as a cancellation of the original booking subject to the cancellation terms. Once the original booking has been cancelled, the client is then able to make a new booking for the new booking date (subject to the pricing at the time the new booking is made, availability and acceptance of the new booking date by the company).
Use of Images
29. Unless otherwise agreed in writing the client grants the company full rights to use images taken at the event (inside or outside of the photo booth) on the company’s website, in social media and in other marketing material without limitation.
30. Similarly, the company agrees to provide the client with a copy of all the images captured at their event via an Online Gallery hosted by the company which will allow the client unlimited and unrestricted use of those images for whichever purpose they see fit.
31. The photo booth will be operated by a member of our staff. The staff member will ensure the booth is used safely. Should the staff member feel there is a risk to our equipment, their person or persons using the booth then the operation of the booth may stop without notice.
32. All ‘services’ provided on an unlimited basis are subject to a ‘fair usage’ policy whereby the company may exercise its rights to limit the usage of the service should it feel that the service is being abused or being used for purposes not stated at the time of booking.
Damage to our Equipment
33. The cost of any repairs following damages and/or losses to our equipment shall be charged as an ‘additional charge’ to the client in the event that any part of our equipment is lost or damaged during the client’s event.
34. We shall have no liability for delays of failures in delivery or performance of our obligations to you resulting from any act, events, omissions, failures or accidents that are outside of our control (‘Force Majeure’), which, without limitation, include;
a) Strikes, lockouts or other industrial action.
b) Shortages of labour, fuel, power, raw materials.
c) Late, defective performance or non-performance by suppliers.
d) Private or public telecommunication, computer network failures or breakdown of equipment.
e) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
f) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster or extreme weather conditions.
g) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
h) Acts, decrees, legislation, regulations or restrictions of any government.
i) Other causes, beyond our reasonable control.
35. Without prejudice to clause 32, in the event the company fails to deliver services ordered as per the confirmation the company’s liability shall extend no further than a refund or pro-rata refund for any lost hire time.
Governing Law & Jurisdiction
36. These Terms and Conditions shall be governed by the laws of England and Wales and you irrevocably agree to submit to the exclusive jurisdiction of the courts of England and Wales.
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Funky Photo Booth
10 Brook Close
Tel: 07734 700887