Terms and Conditions are the standard conditions by which Magical Moments, PO Box 74475, E7 7FF. (the “Supplier”) agrees with the Client (the “Client”) to supply the Service specified in this Agreement. These Terms and Conditions constitute the whole Agreement and the confirmation e-mail (the “Agreement”) between the Client and Supplier. This Agreement supersedes all prior Agreements. These Terms and Conditions can only be varied if expressed in writing by the Supplier.
In these Terms and Conditions the words below will bear the meaning indicated..
AgreementTerms and Conditions and the confirmation e-mail
ServiceSupply of the photo booth hire at the Event outlined in the confirmation e-mail
Booking FeeFee agreed in the confirmation e-mail for the Service
EventEvent date, location and hire period specified in the confirmation e-mail
Once the non-refundable deposit of £50 has been received and the confirmation e-mail has been issued to the Client, this Agreement will be binding.
3. CLIENT OBLIGATIONS
The Client must provide a solid flat empty cubic space of 2.5M (L) x 1.5M (W) x 2.1M (H) and access to a 240V mains socket within 6 feet. If the photo booth is to be located in the middle of an open area, extension leads may be required. The Client agrees to supply the extension leads and tape to the floor. The Supplier accepts no responsibility for accidents.
The Client must provide the Supplier access to the venue 1 hour prior to the photo booth hire start time.
The Client must provide the Supplier a suitable parking space. The Client must pay for any parking or congestion charges.
The Client is responsible for any damage caused to the Supplier’s equipment. The Client will be charged the full cost of any repair or replacement required should the damage be due to the negligence of the Client or their guests.
If the Supplier’s performance of any of its obligations under the Agreement is prevented or delayed by an act or omission by the Client, the Client shall reimburse the Supplier for any costs or losses sustained or incurred by the Supplier, arising directly or indirectly from the act or omission by the Client.
4. SUPPLIER OBLIGATIONS
The Supplier will provide the Service.
If the Supplier cannot honour the Agreement, the Client is due a full refund including deposit and subsequent claims for incidental damages will not be accepted.
The full balance of the Booking Fee must be received by the Supplier 14 days prior to the Event.
In the event of any or all of the Booking Fee not being received by the Supplier 14 days prior to the Event, the Supplier shall be entitled to treat non payment as a cancellation and no refund will be payable.
Cash payment at the Event is accepted however must be paid prior to the attendant setting up the photo booth. Failure to do so will result in the photo booth not being set up.
All deposits are non-refundable.
Cancellations must be made in writing to the Supplier.
If the Client cancels 7 days prior to the Event, the full Booking Fee will be refunded less the deposit amount.
If the Client cancels within 7 days of the Event, the full Booking Fee will be due.
Claims for refunds will not be accepted.
The photo booth attendant will not tolerate violent, aggressive or abusive behaviour under any circumstances. He/she reserves the right to terminate the Service at any time if they feel their personal safety is at risk or the equipment supplied is in danger of getting damaged or has been damaged due to unruly behaviour by the Client or their guests. No refund will be provided.
The equipment supplied remains the property of the Supplier at all times.
All digital images remain the property of the Supplier at all times.
The Client’s rights as a statutory consumer are not affected.
The Client agrees to have the photo booth operational for a minimum of 90% of the time during the hire period, as operations may need to be interrupted for servicing and maintenance of the photo booth. In the event of the photo booth failing to operate as a photo booth, the Supplier will refund the Client 25% of the Booking Fee. In the event of the printer failing to print photos, the Supplier will reprint all photos off-site and send via Royal Mail Special Delivery Guaranteed Mail within 7 days of the Event to an address specified by the Client. In the event of the camera failing to take photos the Supplier will refund the Client 25% of the Booking Fee.
The 1988 Copyright Design & Patents Act – section 77 & 80 assigns copyright of all digital images to the Supplier. It is contrary to the act to copy or allow to be copied photographs captured by the Supplier by any means.
Unless otherwise agreed in writing prior to the Event, the Client grants the Supplier full rights to use any digital images taken at the Event (inside or outside of the photo booth) on the Supplier’s website, social media platforms and other marketing material without limitation. All digital images will be discarded by the Supplier after 14 days of the Event unless otherwise agreed in writing by the Client before the Event.
No liability is accepted by the Supplier for any loss, damage, cost, charge or expense whether occasioned by negligence or caused in any other way whatsoever and whether arising directly or consequentially by reason of or for or in respect of or in anyway in connection with the Service provided unless the loss or damage arises as a result of death or personal injury. The Supplier’s total liability to the Client in respect of any loss, damage or distress arising under or in connection with the Agreement shall in no circumstances exceed the Booking Fee. The Supplier will endeavour to ensure an on time photo booth hire start time; however will accept no liability or responsibility for delays in arriving to the venue.
9. FORCE MAJEURE
Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.
10. THIRD PARTY RIGHT
The Contracts (Rights of Third Parties) Act 1999 does not apply to this Agreement.
These Terms and Conditions are governed by English Law and are subject to the exclusive jurisdiction of the English Court.