MASTERS OF THE PHOTOBOOTH
TERMS AND CONDITIONS
Hereunder the following words and expressions in italics have the following meanings:
“Agreement” the documents referenced hereunder form the agreement
“Confirmation of Booking” sheet means the document (hard copy or electronic) which is completed by both Masters of the Photobooth and the Client to confirm details of booking, including Date of Hire, Venue, Start time, End time, Hirer and Named Contact on the day.
“Client”: is the contact, person or organization named in the Confirmation of Booking sheet. Should, on the event day of the booking, the Client, or in regards to a company or organization, their representative, be unavailable, then Masters of the Photobooth’s representative may elect to include within this definition the Named Contact or any person deemed to be the events coordinator or a person who is able to substantiate their authorisation to take, as further defined below, the responsibilities of the Client.
“Venue” is the address where the photo booth will be located.
“Site” is the detailed Site within the address, where the photo booth will be located.
“Date of Hire” is the date upon which the Masters of the Photobooth will deliver, install and provide the photo booth for hire, together with the presence of an Attendant.
“Start time of Hire” is the time from which the photo booth will be made available for use by the Client.
“End time of Hire” is the time after which the photo booth will cease to be available for use by the Client and is the time after which Masters of the Photobooth may dismantle and remove the photo booth from the venue
An “Attendant” is a representative of Masters of the Photobooth who will deliver, install, test and give guidance and instruction on operation of the photo booth
“Photo booth” and/or “photo booth” is the “Masters of the Photobooth” equipment together with its additional processes or systems.
“Goods & Services Received Note” means the confirmation document which is required to be completed on the Date of Hire at the Venue and which is to be signed by the Client or Named Contact to confirm delivery of the photo booth
“Guest(s)” means the person or persons that use the Photo Booth during the period of hire to the Client.
“Named Contact” means a person who is named in the Confirmation of Booking sheet or confirmed thereafter by the Client via e-mail to Masters of the Photobooth
The Agreement shall commence on the date the Confirmation of Booking sheet is signed and received (or confirmation of booking is received via e-mail) and confirmed as accepted by Masters of the Photobooth, together with deposit as per Payment Terms stated elsewhere and shall remain in place until the photo booth is removed from the Venue by Masters of the Photobooth.
Photo booth use
The Client undertakes to ensure that free and uncluttered access to the Venue and Site is provided to Masters of the Photobooth with sufficient time prior to the Start time of Hire in order that the photo booth may be installed and tested.
The Client also undertakes to ensure the sufficient and safely protected power is provided free of charge, within 10m of the Site and that free and safe access is also provided from the nearest point of delivery for the photo booth equipment to the Site.
The Client and Guests are to ensure the Photo Booth is used properly and ensure that it will be used safely and without risk to health and they shall not remove or alter or permit removal or alteration of any of the equipment provided by Masters of the Photobooth.
Masters of the Photobooth shall have no liability of whatsoever for any defects resulting from accident, improper use by the Client or Guests except in accordance with the instructions or advice provided by Masters of the Photobooth
The Client is to ensure the Photo Booth shall not be moved from the Site by anyone but the representative of Masters of the Photobooth
The Client is to obtain any and all consents or permissions necessary for the use of the photo booth at the Venue and Site and Masters of the Photobooth shall not be held responsible or liable for refusal or lack of any consent or permission.
The photo booth shall at all times remain the property of the Masters of the Photobooth
Masters of the Photobooth and/or Representative reserves the right to refuse to deliver or allow use of the photo booth if:
It is believed that the Photo Booth will not be used properly;
The Site or access to the Site is deemed a risk to Health & Safety;
The Venue or Site appears to be a risk or potential risk of damaging the photo booth;
The Venue or Site appears to be insecure;
The Named Contact or any authorized person cannot be found to sign the photo booth Goods and Services Received Note;
If the Named Contact or Client refuses to sign the photo booth Goods and Services Received Note;
The Client and or Named Contact on the day has the right to refuse to accept the delivery of the Photo Booth if:
They believe the photo booth to be unsafe or a risk to health;
The photo booth is damaged to the point of being unusable.
After initial setup the photo booth cannot be moved. Moving the photo booth will incur an additional charge.
Whilst Masters of the Photobooth employ all reasonable care and attention to ensure that all details on our website are correct, we will not be held liable for any errors, omissions or inaccuracies which may be contained within the website, nor e-mails, nor verbally with a representative.
Masters of the Photobooth will endeavor to attend the Venue prior to the Start time of the hire, however due to any unforeseen circumstances beyond our control we will not be held liable for any subsequent losses.
Where possible the Masters of the Photobooth Attendant will contact the Client or Named Contact (using the information provided on the Confirmation of Booking sheet) to give notice of any said delay. Should circumstances permit, we will endeavor to make the photo booth available for a pro-rata extended period above the delay time to make up the correct hire time if possible.
We cannot give any refunds for circumstances beyond our control.
Upon receipt of written notification of cancellation four weeks prior to Date of Hire the Masters of the Photobooth shall refund any monies paid less the Deposit.
Upon receipt of written notification within four weeks prior to Date of Hire no refund will be provided.
Terms of Payment
A deposit as specified upon the Confirmation of Booking sheet shall be paid by the Client to Masters of the Photobooth at the time of making the booking. On receipt of said deposit a receipt in the form of an e-mail shall be sent to the Client. The receipt is the proof of booking that the Client shall receive.
An invoice in respect of the hire for the event will be issued 6 weeks prior to the date of the event and FULL payment must be made no later than 28 days prior to the Date of Hire.
If the Client fails to pay the invoice price by the date due then the Masters of the Photobooth reserve the right to cancel the booking. In such circumstances the deposit will be non-refundable.
Refunds will not be given where the fault lies with the Client’s failure to operate the photo booth, or in the Client’s failure to obtain the appropriate access, consents or permissions from the Venue.
The Client shall be responsible for the loss, theft or destruction of, or for any damage to, the photo booth sustained by whatsoever cause and by whomsoever while the photo booth is at the Client’s risk, i.e. set up and operating at the Site (other than as a result of fair wear and tear).
The Client fully and effectually indemnifies Masters of the Photobooth in respect of all claims, proceedings, costs, expenses, loss, damage and liabilities incurred by Masters of the Photobooth arising directly or indirectly from any such loss, theft, destruction or damage.
Masters of the Photobooth shall not be responsible for any losses or equipment failure which is beyond its control.
Should the photo booth may have technical problems between the Start time of Hire and End time of Hire every effort will be made to rectify the problem. If the problem is rectified every endeavor will be made to extend the period of hire, where practical and agreed with the Client.
If the problem is related to the printer device then photos may still be able to taken and stored. As such hard copy photos will be printed out on the next working day and sent to the Client. No Refund shall be given unless the photo booth cannot take photos as a result of a camera failure or hard drive failure, not caused by damage under the above mentioned Client’s risks.
If the Client fails to comply with any of its obligations contained within these Terms & Conditions then without prejudice to these Terms and Conditions, Masters of the Photobooth may, by written notice (in addition to any other rights) terminate this Agreement or suspend its performance of all or any of its obligations under the same immediately and whether for compensation or damages or otherwise if the Client fails to comply with any of its obligations under the terms of this Agreement.
This Agreement expresses the entire agreement between of the Parties in respect of the matters contained or referred to in it and there are no promises, terms, conditions or obligations oral or written express or implied other than those contained herein.
No warranties, representations or other matters are to be relied upon by the Client that would give reason for the Client to enter into this Agreement other than those expressly set out herein.
This Agreement shall not otherwise be modified in any way except through the agreement by both Parties, being The Client and Masters of the Photobooth.
Except in the case of purposeful fraudulent misrepresentation the only remedy available to the Client in respect of any misrepresentation or untrue statement made to the Client shall be a claim for breach of contract.
If, in the event that the photo booth cannot be delivered due to mechanical failure or transportation, or the photo booth malfunctions to a point of being unusable to record photos or videos, Masters of the Photobooth will be liable for a full refund of the booking amount. The provision of this refund will discharge Masters of the Photobooth of all their responsibilities and liabilities
Masters of the Photobooth shall not be liable for any failure in the performance of any of its obligations under this Agreement caused by factors outside its control including but not limited to, disorder and natural disasters and in any such occurrence may suspend performance of the same.
The Parties do not intend that any term of this Agreement may be enforced by a third party as defined in the Contracts (Rights of Third Parties) Act 1999 under the provisions of that Act.
Any Notice required to be given for the purposes of this Agreement must be given by registered or recorded delivery mail.
The Client’s address for the serving of a Notice shall be the address stated on
the Confirmation of Booking sheet. Any changes of address must be notified and acknowledged by Masters of the Photobooth to be deemed as valid.
A Notice shall be deemed to have been serviced if a notification of completed recorded delivery notice is provided via royal mail.
The Client acknowledges and accepts all materials (video, photo and text messages) recorded on the day can be used by Masters of the Photobooth for the purpose of promoting and advertising its products and services. In addition the Client will not hold Masters of the Photobooth liable for any issues arising through the use of such material and indemnifies Masters of the Photobooth from any other such charge by any other party.
All inclusive terms. In this Agreement the words ‘include’, ‘includes’, ‘including’ and ‘such as’ are to be construed as if they were immediately followed by the words ‘without limitation’.
Reference to the singular includes the plural and vice versa.
Law and Jurisdiction
This contract shall be governed by English law and subject to the exclusive jurisdiction of courts of England and Wales in all matters regarding it.