TERMS AND CONDITIONS OF BOOKING:
- The Provider – Photo Booth Guys (Pty) Ltd
- The Customer – The person(s) and/or entity booking and/or enquiring about services provided by Photo Booth Guys (Pty) Ltd
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.
- A 50% deposit secures the event date and the balance is required within 7 days after your event.
- If the operator has to use the equipment for a time period in excess of the hire period agreed, the additional time will be billed to the customer at the following rates:
- R 950.00 per additional hour of use.
- R 350.00 per hour Idle hours. (Idle hours – package hire runs as consecutive hours. Should you require a break in between hours the idle hour fee of R350 per hour will apply.)
- R 350.00 per hour for pre or site meetings.
- The photo booth takes approximately 45 minutes to setup.
- We will arrive approximately 60 minutes before the start time of hire to set up. Should you require earlier setup the idle hour fee of R350 per hour will apply. Should the photobooth location be within the area where formalities will be taking place, we cannot be held responsible should there be a slight disturbance during this time due to setting up. Although we endeavour to setup and breakdown without causing a disruption, this isn’t always possible. In this case we urge you to book idle time to ensure the photobooth is setup before formalities begin, or alternatively allocate an area near an entrance/exit of the venue.
- The Provider is not liable for any delays in service that may be caused by, but not limited to;
- Traffic delays
- Power outages / loadshedding
- Unsuitable setup location
REFUNDS & CANCELLATIONS:
In the unlikely event that the Provider is unable to supply a working photo booth for at least 80% (including occasional maintenance time) of the agreed service time, depending on the conditions we will stay for a longer time period to compensate for the lost time.
If the printer fails to print out the photos on site, the Provider will print all photos saved from the event and delivered it to the Customer free of charge.
- Deposits received are non-refundable.
- Any cancellation will incur a 50% cancellation fee if cancelled more than 7 calendar day prior to the event date. This fee is calculated on the total value of the booking and not just deposits and/or payments that were received prior to cancellation.
- Any cancellation will incur a 80% cancellation fee if cancelled between 1 – 7 calendar days prior to the event date. This fee is calculated on the total value of the booking and not just deposits and/or payments that were received prior to cancellation.
- Any cancellation will incur a 100% cancellation fee if cancelled on the day of your event date. This fee is calculated on the total value of the booking and not just deposits and/or payments that were received prior to cancellation.
- No refunds will be made if there is load shedding and/or unscheduled electricity power cuts and/or due to events beyond the Provider’s control.
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 (e.g restocking photo paper and ink, minor repairs, minor malfunctions of equimpent and/or hardware).
LOSS OR DAMAGE TO PROVIDER’S EQUIPMENT:
- The Customer assumes complete responsibility for any loss of or damage to the Provider’s equipment (other than fair wear and tear) caused by any misuse of the equipment by the Customer, their employees or their guests.
- The Customer shall be responsible for any loss of or damage to the Provider’s equipment caused by Theft, Fire, Flood or Accidental Damage.
- Any request to alter the agreed date of the rental of the Photo Booth must be made in writing and at least thirty (30) days prior to the Customer’s event.
- Any change of date is subject to the availability of the Provider on the alternative date and receipt of a new booking confirmation.
LOGO / TRADEMARKS:
The Provider’s logo and/or details will be shown by default on the printed out strip/image. Should the Client wish to have this removed, it has to be requested in writing at least 24 hours prior to the booking. Removal is not guaranteed and requests may be denied.
The Client acknowledges that the Provider is not obligated to inform and/or request approval to have details displayed on any equipment, screen graphics, printed photos, social media uploads, email sharing stations or any other medium that the Provider may use.
ACCESS, SPACE, POWER FOR THE PHOTO BOOTH & MISCELLANEOUS TERMS:
- The Customer will arrange for an appropriate sized space for the Photo Booth at the event venue. Photo Booth Specs are: 3m x 3m x 3m. Approx. a 4 x 3m area, along with a regular power outlet is needed.
- We will also require access to the venue 1 hour prior to the event.
- Should the Client not sign and take possession of any deliverable such as USB, Guest Books, Additional Prints, Speciality Props etc. The deliverable will be returned to the Providers offices. The Provider may their discretion provide alternative arrangements such as, but not limited to; online gallery for images, arrange for couriers to deliver (any courier related costs will be for the account of the Client), allow collection from the nearest office (if possible)
- We also require a table for the Props to be layout.
- The photobooth needs to be situated indoors, or in a covered area which is wind and rainproof. An alternative indoor location must be pre-arranged should an outdoor area no longer be suitable.
- Should you choose the Guest Book Service, we would also require a small table and a chair, so your guests can sit and write their personal messages.
- The Customer is responsible for providing adequate power within 15m from the Photo Booth to run the laptop, printer, lighting etc. We do not have battery backup for the photo booth so please confirm with your venue that they do.
- We also need good lighting: So, if the venue is dark please add in a few lights. We provide 3 LED lights.
- The Provider cannot be held responsible in the event of mechanical failure of equipment. The provider will take all necessary steps to rectify such situation with backup equipment.
- Children – please note unaccompanied children, will be limited to a maximum of 3 photos each (not applicable to children’s parties)
- The Client acknowledges and accepts the following:
- They shall not provide an positive and/or negative feedback either prior and/or post event regarding services received on any social media platform and/or any affiliate platforms and/or services (such including but not limited to; Facebook, Twitter, Instagram, LinkedIn, HelloPeter.com, Google, Yahoo, Bing etc) without prior written consent by the Provider.
- Should the Client post any such reviews and/or social media post prior to the agreed upon service date, the Client forfeits any and all monies paid to the Provider. The Provider also reserves the right to cancel any and all services without reimbursement to the client.
- Should the Client post any such reviews and/or social media post after the agreed upon service date, the Provider reserves the right to take appropriate legal action. The Client will also be held liable for any and all legal expenses, damages and any other amounts seen fit by the South Africa Court of Law.
CONTINUATION, SUBSTITUTION & REPLACEMENT OF SERVICE:
In the unlikely event that the Provider is unable to supply the originally booked equipment and/or service due to unforeseen circumstances such as, but not limited to, equipment theft, failure/damage, staff shortage etc. The Provider will try and make alternate arrangements by either subsituting equipment and setups in order to still accommodate the booked service or the Provider will outsource to a trusted third party who will render a similar service on behalf of the Provider. If the Provider is unable to substitute, replace or make any alternative arrangements for your booking, only then will a refund be issued to the Client. Should any additional costs be incurred due to substitutions and/or replacements, the Provider will carry the costs that are within reason.
TERMINATION OF HIRE/ABUSE/THREATENING BEHAVIOR:
The Provider will not tolerate any abuse or threatening behaviour to any of our staff or abuse of the booth or booth equipment. If this occurs the Provider retains the right to terminate the hire immediately. This applies equally to you and your guests. the Provider may terminate the hire in cases where our staff feel the equipment belonging to the Provider or the 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.
The Provider will not accept or deem acceptable any forms of intimidation, harrasment, hate speech or discrimination of any sort towards any person or entity associated with The Provider either currently or in the past.
The Client may not use any documentation, images or communication of any sorts between The Client and The Provider in order to leverage a better price from any competitors. The Client may also not disclose any of the information exchanged between the two parties (Provider and Client) as this is deemed privellaged at all times, before, during and after any booking.
The Provider reserves the right to cancel any booking and at any time prior and / or during the booking should any of the terms in this document be broken and / or not upheld by The Client.
EVENTS BEYOND OUR CONTROL:
The Provider cannot be held responsible for any circumstances that may prevent us from attending your event; these may include, but are not limited to severe weather conditions, traffic delays, breakdown of our vehicles, sickness or equipment failure. In the case that we cannot attend or fulfil your hire due to events beyond our control we will contact you or the venue as soon as possible. In these instances, our liability will be limited to the refunding of all of monies paid.
The Customer agrees to, and understands the following:
- The Customer will indemnify the Provider against any and all liability related to the Customer’s Event and use of the Provider’s equipment.
- The Customer will indemnify the Provider against any and all liability associated with the use of any pictures taken at the Customer’s event by the Photo Booth or by its operatives, employees or affiliates.
- All persons using the Photo Booth at the Customer’s Event hereby gives to the Provider the right and permission to copyright and to reproduce or otherwise use any photographic portraits or pictures of any Photo Booth user who may be included in whole or in part, via any or all media now or hereafter known for illustration, art, promotion, advertising, trade, or for any other purpose.
- In addition, the Customer, hereby releases, discharges and agrees to maintain the Provider free from any liability arising out of the taking of said picture or any subsequent processing or publication thereof including, without limitation, any claims for libel or invasion of privacy.
- The Standard Props are a free addition to the photo booth hire and if for any reason the free additions are not working or available, the Customer is not entitled to a refund.
- The Customer understands and acknowledges that the Provider reserves the right to withhold any digital images in any form (physical prints, USB, online gallery etc) until all outstanding balances are settled.
- The Customer understands and acknowledges that the Provider reserves the right to refuse service until any outstanding balances are settled.
- The Customer hereby acknowledges and understands that the Provider has no obligation to correspond by means of telephone, social media platforms or in person. The Customer understands and acknowledges that the formal form of communication is via email and that the Provider will respond to any request, queries and communications when the Provider is able. The Provider is under no obligation to respond to any correspondence immediately and / or within any time period demanded, requested and / or stated by the Customer.
- The Customer understands and acknowledges that design work of any Photo Booth related matters are only done between seven (7) and fourteen (14) calendar days prior to the Customer’s event. The Provider is under no obligation to provide design work at any time prior to the aforementioned days.
- The Customer acknowledges and accepts that the Provider reserves the right to refuse, deny, withhold any deliverables, service and/or refunds in the event that any clause in these Terms and Conditions are breached, until such breaches are rectified.
Terms and Conditions last updated on 01 November 2017