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TERMS AND CONDITIONS OF BOOKING |
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By completing our booking you are agreeing to and have accepted the following terms and conditions of hire: The Provider – Magic Moments Photobooth. The Customer - The person booking Magic Moments Photobooth for their event. The following contract and its terms will set forth an agreement between the provider and the customer for the hire of the photo booth. This written contract sets forth the full, written intention of both parties and supersedes all other written and/or oral agreements between the parties. HIRE PERIOD Magic Moments Photobooth will arrive to set up approximately 2 hours before the hire period is due to commence. If the customer requires the booth to be set up earlier an idle time charge applies. It is up to the customer to ensure that the venue agrees to Magic Moments Photobooth being in attendance at the agreed time. Magic Moments Photobooth will be happy to liaise with the venue to assist, if requested. The hire period will be for a set period, typically 3 hours, but as specified on the booking form and as agreed by both parties. The hire period will commence at the agreed time and finish at the agreed time. If we cannot start on time due to poor access, or not being allowed access as required due to the venue or other circumstances we will keep to the agreed end time for the hire. Any idle time will be charged at £25 per hour. Provider agrees to have a Photo Booth operational for a minimum of 80% during this period; operations may need to be interrupted for maintenance of the Photo Booth. If the printer fails to print out photos on site the Provider will be allowed to give a web site to the customer where their guests can log onto and order prints free of charge with free postage. If the Photobooth is out of use for more than 20% of the hire period due to technical difficulties, we shall refund to the customer accordingly to the amount of time that the Photobooth is not in operation and in proportion to the amount paid for the 3 hours of hire or more. If no service is received, Provider's maximum liability will be the return of all payments received from Customer. Provider is not responsible for any consequential damages or lost opportunities upon breach of this agreement. If the operator uses the equipment in excess of the service period agreed to on the booking form, the additional rental time will be charged at the rate of £100 per hour for each hour or part of. DEPOSIT A £100 deposit is required at the time of booking a photo booth to confirm Magic Moments Photobooth services. The £100 deposit covers any administration costs and secures the services of Magic Moments Photobooth. This deposit is NON-REFUNDABLE. PAYMENT TERMS Following payment of the £100 deposit, the remaining balance of all fees due are to be paid 30 days prior to the event. Payment for additional images. services and products are to be made at the time of ordering. ACCESS, SPACE & POWER FOR PHOTO BOOTH The customer will ensure and arrange for an appropriate space for the Photo Booth at event's venue. (2.3m long x 1.5m' wide x 2m high). The customer is responsible for providing power for the Photo Booth. The customer is responsible for providing the correct address for the venue and that the venue allows reasonable access for loading and suitable parking once the booth and equipment has been unloaded if possible. SUPPLIED PRINTS, ALBUMS & OTHER MERCHANDISE Magic Moments Photobooth takes the utmost care whilst producing supplied prints, albums and other merchandise. Our products are subject to rigorous quality inspections and are dispatched in perfect condition. On receiving our product[s] the customer will have 7 working days to report any fault or problem due to shipping or handling to Magic Moments Photobooth. Magic Moments Photobooth will rectify any fault free of charge during this time period. Faults reported outside 7 working days will be subject to costs. CANCELLATION OF SERVICES The customer may cancel their contract with Magic Moments Photobooth at any given time up to 30 days before the date of the event by sending written notice to Magic Moments Photobooth. Magic Moments Photobooth will reimburse any monies paid less the booking fee which remains non- refundable. Cancellation less than 30 days before the event date will result in the payment in full. Any request for a date change must be made in writing by the customer at least 30 days in advance of the original event date. Change is subject to Photo Booth availability and receipt of a new booking contract. If there is no availability for the alternate date, the booking fee shall be forfeited and event cancelled. Any cancellation will forfeit any booking fee payment made. DAMAGE TO PROVIDER'S EQUIPMENT Customer 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 Customer or its guests. COPYRIGHT The 1988 Copyright Design & Patents Act- section 77 & 80 assigns copyright of photographs/digital images to Magic Moments Photobooth. It is contrary to the act to copy or allow to be copied photographs captured by Magic Moments Photobooth by any means. DIGITAL FILES All digital files remain the property of Magic Moments Photobooth unless copyright has been purchased by the client for personal use only. USE OF PHOTOS The customer agrees that all pictures taken in the Photo Booth can be uploaded to a web gallery, unless otherwise stated and exempt Magic Moments Photobooth from responsibility of publishing the pictures. Photos taken during the event may be used by us to assist with advertising and promotion of Magic Moments Photobooth. This may include printed matter as well as online images. We will not use any pictures that we think may cause offence or embarrassment to the people in the picture. We will remove any picture from our website if requested to do so. If the customer chooses to have the Facebook upload option. The customer takes responsibility of allowing all users to upload any picture to their own Facebook page and the designated fan page. EXPENSES Magic Moments Photobooth will recover with prior agreement the cost of accommodation expenses and petrol where the event is at a distance of 50 miles or greater. Travel beyond this will be charged at 50p per mile thereafter. It may be necessary with prior agreement to travel on the evening prior to the event to avoid traffic and other problems. Also it may be necessary to stay overnight where an event runs late. The cost of accommodation shall be reimbursed from the customer with regards to late and distant events. Food and beverages must be provided to all booth attendants at all events. Any additional charges incurred will be recovered from the customer. No additional travelling expenses will be incurred unless previously stated. EVENTS BEYOND OUR CONTROL Magic Moments Photobooth will make all reasonable endeavours to attend all events .Where circumstances make this impossible due to, but not limited to adverse weather, Magic Moments Photobooth will contact the customer or the venue as early as possible and a full refund will be made. Magic Moments Photobooth will always try to arrive at the venue at the agreed time. Where circumstances make this difficult due to severe traffic delays or vehicle breakdowns, Magic Moments Photobooth will be happy to extend the end time of hire to make up for the late start. If this is not possible we will refund the customer accordingly to the amount of time delayed by and in proportion to the amount paid for the 3 hours of hire or more. We will however try our up most to get to your event as soon as we can and always be in contact with you. LIMITATION OF LIABILITY Magic Moments Photobooth will in all instances act in what it considers to be the best interests of the customer and to take steps when required to act to protect the health and safety of booth users. Where such actions lead to an early closure of the Photo Booth, removal from service of the booth or other such action likely to cause dissatisfaction, Magic Moments Photobooth limits any refunds to the amount of the original booking less the deposit. This applies in all cases. It in no way affects general public liabilities or employers liability insurance matters, which are covered separately. 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. Neither party shall be liable for indirect or consequential loss. INDEMNIFICATION Customer agrees to, and understands the following: Customer will indemnify Provider against any and all liability related to Customer's Event during or after Customer's event. Customer will indemnify Provider from the time of service and on into the future, against any liability associated with Customer. Customer will indemnify Provider against any and all liability associated with the use of pictures taken within the Photo Booth its representatives, employees or affiliates at Customer's event. In the unlikely event of your digital images being corrupt, lost or stolen Magic Moments Photobooth will compensate up to the total value of £100. Customer agrees to, and understands the following. All guests using the photo booth hereby give to Magic Moments Photobooth: The right and permission to copyright and use, photographic portraits or pictures and email addresses of any photo booth user who may be included intact or in part, made through any and all media now or hereafter known for illustration, art, promotion, advertising, trade, or any other purpose. In addition I, hereby release, discharge and agree to save harmless Magic Moments Photobooth, from any liability, that may occur or be produced in the taking of said picture or in any subsequent processing thereof, as well as any publication thereof, including without limitation any claims for libel or invasion of privacy. TERMINATION OF HIRE Magic Moments Photobooth will not tolerate any abuse or threatening behaviour to any of our staff or abuse of the Photo Booth or Photo Booth equipment. If this occurs, Magic Moments Photobooth retains the right to terminate the hire immediately. This applies equally to you the customer and your guests. Magic Moments Photobooth may terminate the hire in cases where our staff feel the equipment belonging to Magic Moments Photobooth or the Photo Booth itself is in danger of being damaged or has been damaged due to the actions or unruly behaviour of you or your guests. Wherever possible and reasonable to do so we will speak with you or the venue first to try to resolve the matter before any termination is enacted. If we do terminate, for any reason, the full cost of hire will remain due and we will not issue any refunds for any period of hire not provided. Moreover. you the customer will be fully responsible for any damages caused by you or your guests or other attendees at the event to the Photo Booth or Photo Booth equipment howsoever caused, with the sole exclusion of Magic Moments Photobooth. MISCELLANEOUS TERMS If any provision of these terms shall be unlawful, void, or for any reason unenforceable under Contract Law, then that provision, or portion thereof, shall be deemed separate from the rest of this contract and shall not affect the validity and enforceability of any remaining provisions, or portions thereof. This is the entire agreement between Provider and Customer relating to the subject matter herein and shall not be modified except in writing, signed by both parties. In the event of a conflict between parties, Customer agrees to solve any arguments via arbitration. If no service is received, Provider's maximum liability will be the return of all payments received from Customer. Provider is not responsible for any consequential damages or lost opportunities upon breach of this agreement.
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