PhotoboothIOM Terms of Use

DEFINITIONS AND INTERPRETATION

In this Agreement unless the context requires otherwise the following words and expressions have the following meanings:

'Contact' means the contact named on the Booking form. Please note that if on the day the Contact is not available then Photobooth reserves the right to select an appropriate alternative. This may include, but not be limited to, a member of staff at the event venue, an events coordinator or a close family member or friend of the Contact or indeed the Contact themselves.

‘Booking form' means the form completed to confirm details of booking including Contact on the day. This may also be in the form of an e-mail.

'Hire date' means the date the Photo Booth is hired.
'Photobooth' means the system and related equipment.
'Location' means the location of the Photo Booth once delivered and setup by a Photobooth Representative on the Hire date.
'User' means the people that use the Photo Booth whilst out on hire to the Contact.
'Venue' means the postal address at which the Photo Booth is to be located on the Hire date.
'Photobooth Representative' means a representative, either employed directly or sub-contracted for Photobooth.

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.

COMMENCEMENT

The Agreement shall commence on the date the Booking form is signed or confirmation of booking is received via e-mail and shall remain in place until the Photo Booth is either collected or returned to the satisfaction of Photobooth.

USE OF THE PHOTO BOOTH

The Contact is to ensure the Photo Booth is used properly and ensure that it will be used safely and without risk to health, shall not remove or alter or permit removal or alteration of identification numbers or marks of the Photo Booth, and shall keep the Photo Booth properly protected and safe. Under no circumstances shall Photobooth have any liability of whatever kind for any defects resulting from wear and tear, accident, improper use by the Contact or Users except in accordance with the instructions or advice from Photobooth.
The Contact is to ensure the Photo Booth shall not be moved from both the Location and Venue other than by a Photobooth Representative.
The Contact is to obtain any consent or permissions in the use of the Photo Booth at the Venue and Photobooth shall not be held liable for refusal or lack of any consent or permission.
The Photo Booth shall at all times remain the property of Photobooth.
The Photo Booth shall be delivered on date of Hire at which time Photobooth Representative will leave the Photo Booth in suitable condition for use.
Photobooth Representative has the right to refuse to deliver the Photo Booth if:
1. It believes that the Photo Booth will not be used properly;
2. The Venue or Location is believed to be unsafe or a risk to health;
3. The Venue or Location is believed to possibly cause damage to the Photo Booth;
4. The Venue or Location is believed to not be secure;
The Contact on the day has the right to refuse to accept the delivery of the Photo Booth if:
1. They believe the Photo Booth to be unsafe or a risk to health;
2. The Photo Booth is damaged to the point of being unusable;
Idle time requires the Photo Booth to be securely stored.
After initial setup the Booth cannot be moved. Moving the booth will incur an additional charge.
We have taken every care to ensure that all items on our website are correct. We will not be held liable for any errors or inaccuracies which may occur through the website, email or verbally with a representative and will not be obliged to supply goods at any inaccurate price.
We endeavour to be timely for setup and the start of the event, however due to certain circumstances beyond our control we may be delayed. Where possible an attendant will contact the persons responsible to notify them. We will endeavour to run the booth over the allotted time to make up the correct hire time if possible. We cannot give any refunds for circumstances beyond our control.

UPLOADS AND FACEBOOK OPTION (if required)

All Uploads and Facebook Uploads are subject to a stable Internet Connection.
Where possible a WiFi connection needs to be made available for uploads. We cannot be held responsible for the quality of the WiFi connection or disconnections or re-connections required by the WiFi connection.
The Contact is required to Log into Facebook for Facebook uploads to work and Accept the PhotoBooth Live FaceBook App.
FaceBook Group or Companies pages may not allow uploads to Albums pages as they do not have an Albums section. It is the responsibility of the Contact to check this up to 5 days before the event.

GUEST BOOK

Where Guest Books are provided these are for guests to put their photo in the book with a message. We do actively encourage this but cannot be held responsible for guests not leaving the photo or leaving a message. The guest book is left mainly for guest to use throughout the night and cannot be manned by the attendant all night.

PAYMENT

A deposit as specified upon the Booking form shall be paid by the Contact to Photobooth at the time of booking the Photo Booth. An invoice (by post or email) in respect of hire will be issued.
An invoice (by post or email) in respect of hire will be issued 28 days prior to the date of the event and the balance must be made no later than 2 weeks prior to the Hire date.
If the Contact fails to pay the invoice price by the date due then Photoboot has the right to cancel the booking with no deposit being returned to the Contact.
No refunds are to be given due to fault of the Contact in operation of, or use of, the Photo Booth, or in lack of obtaining, or in the refusal of the appropriate consents or permissions. No refund will be made for low usage of the facility.

CANCELLATION

Upon receipt of written notification of cancellation 28 days prior to Hire date Photobooth shall refund any monies paid less the Deposit.
Upon receipt of written notification within 28 days prior to Hire date no refund will be provided.

ACCESS SPACE

Photobooth requires a working space of 9ft (W) x 6ft (D) x 7ft (H) for the Photo Booth. The Contact will be responsible for providing a suitable space as well as a standard working plug socket for power to the hired booth.
It is also recommended appropriate space for a table and people queuing for the Photo Booth is considered to avoid disappointment on the night.

USE OF IMAGES

When hiring from Photobooth, the Contact gives permission for images taken at the event to be used on Photobooth.co.im website, social media pages, and for advertising purposes.
If the Contact does not wish for images taken at the event to be used on Photobooth.co.im website, social media pages, or for advertising purposes, they must contact Photobooth prior to the Hire date.
Photobooth will not use images which are deemed unsuitable on their website or for advertising and will not use any content that may be personally damaging to the person(s).

DAMAGE LOSS AND REPAIR

The Contact shall be responsible for the loss, theft or destruction of or for any damage to the Photo Booth or it’s accessories (including props) occasioned in any manner or by whosoever or by any cause whatsoever while the Photo Booth is at the Contact’s risk (other than as a result of fair wear and tear) and fully and effectually indemnify Photobooth in respect of all claims, proceedings, costs, expenses, loss, damage and liabilities incurred by Photobooth arising directly or indirectly form any such loss, theft, destruction or damage.
Photobooth shall not be responsible for any losses or equipment failure which is beyond its control.

MECHANICAL PROBLEMS

On the rare occasion the Photo Booth may have technical problems every effort will be made to rectify the problem. If the problem is rectified the Photo Booth will made available for use over the time provided, if the problem is a printer problem photos will still be taken and photos will be printed out either later at the event or the next working day and sent to the Contact. No Refund shall be given unless the Photo booth cannot take photos from a camera failure or hard drive failure.

TERMINATION ON DEFAULT, ETC

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 Contact fails to comply with any of its obligations under the terms of this Agreement.

ENTIRE 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 were relied upon by the Contact causing it 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 the Parties.
Except in the case of fraudulent misrepresentation the only remedy available to the Contact in respect of any misrepresentation or untrue statement made to it 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 Photobooth will be liable for a full refund of the booking amount only.

FORCE MAJEURE

Photobooth shall not be liable for any failure in the performance of any of its obligations under this Agreement caused by, and may suspend performance of the same during, factors outside its control including, but not limited to, disorder, weather and natural disasters.

NOTICES

Any notice required to be given for the purposes of this Agreement must be given by registered or recorded delivery mail.
The Contact’s address for the service of notice shall be the address stated on the Booking Form. Any changes of address must be notified and acknowledged 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 Contact acknowledges and accepts all materials (video, photo and text messages) recorded on the day can be used by Photobooth for the purpose of promoting and advertising its products and services. Furthermore the Contact does not hold Photobooth liable for any issues arising through the use of such material.

Agree to Terms