Terms & Conditions
Terms & Conditions
This Contract for Services (the “Contract”) is made effective as of the date where a booking is placed (the “Effective Date”), by and between the “Client” and the “Company", GD Photo Booths.
Now, therefore, for and in consideration of the mutual promises and agreements contained herein, Client hires GD Photo Booths, and GD Photo Booths agrees to provide entertainment services to Client under the terms and conditions hereby agreed upon by the parties:
1.0 DESCRIPTION OF SERVICES.
Client hereby agrees to engage GD Photo Booths to provide Client with the services included in the booking confirmation.
2.0 TERM.
Client and GD Photo Booths agree that this Contract between the Parties is for Services that shall commence on the above date and complete on the event date. The Contract may be extended and/or renewed by agreement of all the Parties in writing thereafter.
3.0 PAYMENT.
Client agrees to pay GD Photo Booths, in consideration of the Services contracted for, the sum of included within the above confirmation, with a non-refundable retainer fee, and the remaining balance shall be paid in full on or before the event, plus all applicable taxes. Payment shall be made to GD Photo Booths. If Client are booking Client’s event within 7 days of the event date, full payment will be due at the time of booking and is non-refundable except under the circumstances set forth below in the Cancelations section.
GD Photo Booths. reserves the equipment, time and date for Client’s event once Client accepts this Agreement and pays the initial retainer. Any Services requested that exceed the contracted time period and which are granted by GD Photo Booths will be charged at the going rate per hour.
3.1 Service Fee Summary. The Service Fee shall be found in the above confirmation. The Service Fee encompasses only those items included in the Description of Services section above. Payments are not transferable, not assignable, nor refundable except as explicitly described in this contract. Once the Agreement has been agreed to, no reduction in services are allowed unless otherwise permitted by GD Photo Booths at their discretion. Any added services, confirmed in writing (email suffices) after the Agreement has been accepted do not require an additional contract, but will be charged for accordingly.
3.2 Returned Cheques & Defaulted Accounts. Returned cheques shall be subject to a fifty-pound (£50.00) fee, and all subsequent payments shall be made via cashier’s check/money order. The Client shall be responsible for any attorneys’ fees, court costs, or other costs incurred in the collection of delinquent accounts. In the event that Client fails to remit any payments as specified, Company shall be entitled to terminate this Agreement immediately, retain the non-refundable deposit fee, and shall have no obligation to render Client Services for Client’s Event.
3.3 Initial Payment/Retainer, Fees and Cancellation Charges. An initial retainer payment of £50 is required to secure Client’s booking unless otherwise agreed upon or indicated during a special. The initial retainer fee may be paid automatically through our online booking system, by bank transfer, or PayPal if agreed upon by Company. The retainer Client pays to secure Client’s event is non-refundable in exchange for consideration of the work we put into events prior to attending, and the bookings we will have missed by securing Client’s date.
3.4 Regional Travel Fee. If the event location is within 20 miles of GD Photo Booths' base, there is no travel fee. If the event location is greater than 20 miles from GD Photo Booths’ offices, Client will pay a travel fee equal to £0.50 per mile, round trip, past the 20-mile radius of GD Photo Booths' offices in West Lothian, Scotland.
3.5 Long Distance Travel & Parking. Client is responsible for the following additional expenses, as applicable: airline, hotel, car rental and any other expenses including but not limited to parking, or fines for parking in a place allocated by client, and £50 per diem. Client agrees to pay these charges within 10 days of the Client's receipt of GD Photo Booths' invoice for travel expenses if provided.
4.0 MODIFICATIONS
4.1 Postponements/Date Change. In the event of a postponement, GD Photo Booths. will retain all funds received until a new date is established. Once a mutually beneficial date is agreed upon, the contract will be updated to reflect the new date and all received funds will be applied to the rescheduled event.
If Client changes the date of the event, Client will immediately notify GD Photo Booths. in writing (email suffices). GD Photo Booths will make best efforts to accommodate Client and provide its services on the changed date. If GD Photo Booths is not available on the new event date, GD Photo Booths shall be entitled to keep the retainer and neither party shall have any further liability or obligation under this Agreement. If Client reschedules the event and the new event date is more than six months in the future, the Service Fee will be adjusted to reflect changes in pricing, if any. If the new date chosen by client is unavailable, the booking will be treated as a cancellation and follow the cancellation policy timeline.
5.0 CANCELLATION POLICY.
All cancellations must be made by contacting GD Photo Booths and must be in writing. Once Client’s event has been cancelled, Client’s event date will immediately be available for other bookings. Should the Client cancel and there are no legally binding reasons to restrict the event from taking place, all monies received will remain on file as a credit for 1 year. (Situations not recognised as legally binding reasons include, but are not limited to, mandatory mask orders, mandatory social distancing orders or reduced attendance orders.) In addition, Client will owe any outstanding payments under the following schedule:
Cancellation 90 days or more before the event - No refund of the initial retainer/deposit. Any other amounts paid and/or other monies paid excluding transaction fees are refundable unless a special order item has been ordered.
Cancellation between 89 - 15 days of the event - No refund of any monies paid up to 50% of the total. Anything beyond 50% of total booking fee will be refunded. 50% of the package is still due if not already paid.
Cancellation within 14 days of the event - There is no refund available and the entire amount of the booking price is due. The single exception to the “14 days” policy is for death or Military Deployment with verifiable death certificate or deployment papers. If a death or military situation is activated, all but the retainer and transaction fees will be refunded. In the case of Military Deployment the total can be placed against another date, as long as the date is available. The above exception is only valid for deaths or deployments of the organiser of the event, or the person or persons that the event is being held for.
6.0 LATE PAYMENT.
Please contact us if you will not be able to make payment and we will try to come up with a solution. In the event that payments are not received by GD Photo Booths within 5 calendar days after becoming due, Company may, unless otherwise agreed upon:
Charge a late fee in the amount of £100;
Charge a late fee in the amount of £250 if such payment is more than 14 calendar days late
Begin court proceedings after 30 calendar days late, with an additional fee of £500 + all legal expenses
7.0 HIRED PERIOD SPECIFICATIONS
7.1 Set-up of Services. The hire period will be for a set period, as specified as agreed by both parties. Use will commence at the agreed time and finish at the agreed time in the booking form unless due to technical difficulties on our behalf, when we provide the service for the set period once rectified. Company will arrive to set up approximately 40-90 minutes before the hire period is due to commence unless otherwise stated and agreed upon. If Client requires any manned service to be set up earlier an idle time charge will apply. 1 idle hour is provided for free, any additional hours is charged at £25 per hour, per staff member. It is the Client's responsibility to ensure that the venue allows the Company in their venue to perform services and at the agreed time. This also includes ensuring that there is access to enter the venue and enough space with a power socket. If there is insufficient space for us to set up we will attempt to setup in a manner that may reduce the overall size of the service, if this is still not possible, or Client does not want the smaller-sized service, Client will still be charged the full hire amount. Our photo booths require a space of 2.5m height x 2.5m width x 2.5m length minimum. Please contact us for sizes of any other products/services.
It is Client’s responsibility to inform us of any circumstances that may make setting up take longer, these may include but are not exhaustive to; going upstairs, a long distance from unloading area to set-up area, restricted access. If we are not aware of these and the set-up takes longer than normal Client’s hire period may be intruded into.
If Client's event starts late or runs late, our period of hire will still be for the previously agreed period and times unless we agree to provide additional hours as per our additions.
7.2 Downtime. GD Photo Booths takes the utmost care regarding equipment function. However, due to the nature of technology, some downtime may occur. GD Photo Booths guarantees its equipment to be operational at least 80% of the scheduled rental time, and will refund a prorated amount of the rental price for any downtime beyond this caused by equipment malfunction. This is not to include equipment malfunction resulting from abuse of equipment by guests. We will add extra time onto the end of the hire to makeup for the downtime if possible with both your and our schedules.
7.3 Termination of Hire for Damages. GD Photo Booths retains the right to terminate a hire if they feel that any equipment or property belonging to GD Photo Booths is in danger of being damaged or has been damaged due to unruly behaviour from Client. We also reserve the right to refuse guests to participate in the activities if we feel they are too unruly.
In any instances where Company may have a need to terminate the hire, Company will attempt to speak with the Client or the hosting venue first if possible to try to resolve the matter before termination. Client will be fully responsible for any damages caused by Client or any other attendees at the event to any equipment however caused, with the sole exclusion of GD Photo Booths staff. In the event of any damages caused by those present to property or equipment in use by GD Photo Booths, Client will be charged the full replacement cost and are liable to cost involved in termination of future events due to sourcing replacements.
Any damages must be reported to a member of GD Photo Booths staff immediately upon discovery.
8.0 LIMITATIONS OF LIABILITY
8.1 Entire Liability and Uniqueness of the Event. GD Photo Booths' entire liability to Client for any claim for damages, reimbursement or loss suffered, relating to or in any way arising out of GD Photo Booths' performance, is limited to a refund of the Service Fee. Due to the uniqueness of each event, GD Photo Booths cannot guarantee delivery of any specifically requested product(s) and Client further recognises and agrees that an entire event cannot be replicated, reenacted or repeated for the purpose of a reshoot and that GD Photo Booths has no obligation under this Agreement to do so.
8.2 Explicit Liabilities.
Company shall not accept liability under any circumstances for:
Loss of or damage to property belonging to or travelling with the members of any group. (For example, watches, jewelry, cameras or clothing.)
Personal injury or death of any participants however caused unless by proven negligence of GD Photo Booths.
Client emotional distress, mental anguish, punitive damages, consequential damages, lost profits, loss of enjoyment, lost revenues and/or replacement costs.
8.3 Attendant’s Illness or Injury/acts of God.
If, for whatever reason including injury, illness, acts of God, GD Photo Booths' attendants or specialised staff are unable to attend the event, GD Photo Booths will make best efforts to find a substitute attendant or company for the event. If a substitute attendant or company cannot be found, GD Photo Booths will promptly reimburse Client any and all Service Fee and deposit amounts Client previously paid to GD Photo Booths, and neither party will have any further obligations or additional liability under this Agreement
9.0 INDEMNIFICATION.
Client agrees to indemnify and hold GD Photo Booths harmless from all claims, demands, actions or damage of every kind and description, including reasonable attorney fees and all other costs and expenses necessarily incurred, which may accrue to, or be suffered by such party as a result of a third party’s act and/or omission and not as a result of such party’s act and/or omission, including but not limited to the following occurrences: photographic materials being damaged in processing, loss of photographic materials due to camera malfunction, loss of photographic materials in the mail, and photographic materials being stolen while outside the control of GD Photo Booths.
10.0 FORCE MAJEURE.
If Company cannot perform or believes it may not be able to perform this Agreement in whole or in part due to a fire, natural disaster, act of war or terrorism (domestic or foreign), epidemic or pandemic (including COVID-19), action of any governmental authority (including a Government Order), national or regional emergency, other casualty, act of God, or other cause beyond the control of the parties or due to Company’s illness or injury, whether or not foreseeable (“Force Majeure Event”), then Company will give notice to the Client as soon as reasonably practicable after Company determines that a Force Majeure Event will or may prevent Company from performing under this Agreement. Company shall have no obligation to perform under this Agreement and no liability for delays or failures to perform due to a Force Majeure Event, but Company may, in Company’s discretion, work with the Client to find an alternative date for the Event that is suitable to both Client and Company. To the extent the Parties cannot agree on a suitable replacement date consistent with Company’s availability, Company may also, in its sole discretion, refund fees paid under the Agreement, less any amounts necessary to cover expenses and work (based on time spent by Company) already performed by Company related to the Event, including, but not limited to, pre-wedding communications, development of timelines, and preparation of gear for the Event (the “Refund Amount”). In the case of a Force Majeure Event, Company shall have no additional liability to Client with respect to this Agreement beyond that described in this Section and below.
11.0 VENUE EXCLUSION & ACCESS.
Client shall be obligated to obtain any and all necessary authorization from the property owner/representative of any location(s) where GD Photo Booths will be providing its services under this Agreement. The Client is responsible for confirming that the event venue or location allows the services being provided, listed under Description of Services. If the event venue or location will not allow the listed services, and GD Photo Booths is informed of this more than 72 hours in advance of the event, GD Photo Booths shall be entitled to keep the retainer and neither party shall have any further liability or obligation under this Agreement. If the event venue or location will not allow the listed services, and GD Photo Booths is notified less than 72 hours in advance of the event or arrives on the day of the event to find that the services are not approved by the venue, then the Client will receive no refund or partial refund, if there is still a balance due, this must still be paid. The Company may be limited by the rules and restrictions of the Event venue. Client understands and agrees that Company will abide by such rules and restrictions and that they are outside the control of Company. Negotiation with the venue with respect to modifying the rules and restrictions is the sole responsibility of the Client or Client’s representative, such as a wedding planner or event coordinator. Client agrees to hold Company harmless for the impact such rules and restrictions may have on performance of the Services. If the venue requires GD Photo Booths or any of it's partners to pay for any utility that is required to perform their duties, such as electricity usage or parking, client agrees to pay this amount.
Client must ensure that all event attendees understand these terms and conditions, and are responsible for the acts of their attendees, including damaging of equipment.
Attendees utilising the photo booth must wear fully enclosed shoes with no toes viewable, if proper shoes are not worn, the attendee using the photo booth must ensure that plenty of space is made between other guests, and accepts responsibility for injuries caused by other guests stepping on their feet. GD Photo Booths accepts no liability for injuries to users of our services, except for negligence on GD Photo Booths' side. Equipment must be utilised responsibly at all times. No equipment, including our photo booth, giant letters, candy cart, or anything else, should be leaned on.
If there is a buffet, Client agrees that GD Photo Booths staff may take and consume something from the buffet if there is any food left, only after all guests have first had the chance to take something.
It is the Client’s responsibility to ensure the proper venues contact information, address, name, and postcode for our attendants has been provided. We also require that the venue allows reasonable access for loading, and suitable parking once the booth and equipment has been unloaded. If parking for loading is restricted Client will be liable for any fines that occur as a result and or time used seeking a suitable location. We cannot be held responsible for any errors or delays resulting from incorrect or missing address details.
GD Photo Booths staff are expected to manage equipment and ensure that the service(s) is/are carried out with as little problem as possible. Staff are not required to be on sight at all time, and may leave and attend as necessary. If a problem occurs, staff will attempt to correct the problem as quickly as possible as soon as they are aware. Where possible, extra service time may be added to remedy the time lost.
The information provided by the client in regards to event location, rental time, etc. at the time of the booking is the final information GD Photo Booths will reference when servicing the event. If any changes need to be made, it is the client's responsibility to notify GD Photo Booths in writing of such changes. GD Photo Booths is not responsible for any information that is inaccurately provided by the Client.
It is up to Client to ensure that enough space is in the venue for all services hired, and that anything in that space (for example chairs and tables), is moved prior to GD Photo Booths arriving. If service time is cut into due to staff members of GD Photo Booths needing to make space in the venue, no extra time will be given at the end of the event to compensate, unless otherwise agreed.
Children and the acts of children, including the damaging of equipment or injury, are the responsibility of Client. GD Photo Booths is not responsible for supervising children, thus children must be supervised by an adult at all time whilst using the photo booth.
12.0 HARASSMENT DURING PERFORMANCE.
If at any point during the event GD Photo Booths' attendant feels physically unsafe or is sexually harassed by an event guest or guests, preventing attendant from safely completing performance, then GD Photo Booths' attendant can immediately end the services and leave. If a guest or guests are rude, the attendant will notify the Client or Client’s representative and if the rude behaviour doesn’t stop then GD Photo Booths' attendant will end the services and leave. GD Photo Booths will provide the products described above using the footage or images obtained before the incident and Client will receive no refund or partial refund; at Company’s sole discretion.
13.0 VENDOR EXCLUSIVITY.
Client agrees that GD Photo Booths is the exclusive provider of our specific services. No additional company can work at the event providing the same services as contracted in this agreement without the prior written consent of GD Photo Booths.
14.0 INTELLECTUAL PROPERTY
14.1 Copyright. All products created by GD Photo Booths are copyright protected. It is a violation of Copyright Law to copy, scan or allow products to be reprinted, duplicated, digitally reproduced, copied, scanned or altered (digitally or otherwise), without GD Photo Booths express written permission. Client agrees to purchase additional products/rights directly from GD Photo Booths that are not included in the Description of Services in a separate Agreement. GD Photo Booths may use any and all products for purposes of advertising, display, stock, use in contests, or for any other reasonable purpose without notification of, release by, or compensation to Client. We provide a creative commons license for all photo booth photos to the client who booked the service.
14.2 Digital Files. Client who purchase digital files may create duplicates and use products received for personal use only. Any other use of the digital files is prohibited and requires the prior written consent of GD Photo Booths. Digital files are subject to natural degradation and data corruption over time and it is Client’s sole responsibility to backup such files to prevent loss of data. As a courtesy, GD Photo Booths stores digital files for as long as possible after the event, however it is Client's responsibility to backup any photos from their event.
14.3 Product Delivery. GD Photo Booths strives to deliver digital files within 1 month after a client's event, but during times of high business levels, delivery may take longer.
15.0 INSURANCE.
GD Photo Booths agrees that business will keep the set-up area under his/her direct control safe and will maintain a general liability insurance policy. Any additionally required insurance by the local council or venue will be the responsibility of the client.
16.0 DEFAULT.
The occurrence of any of the following shall constitute a material default under this Contract:
The failure to make a required payment when due.
The insolvency or bankruptcy of either party.
The subjection of any of either party’s property to any levy, seizure, general assignment for the benefit of creditors, application or sale for or by any creditor or government agency.
The failure to make available or deliver the Service in the time and manner provided for in this Contract.
17.0 REMEDIES.
Unless otherwise stated in this agreement and in addition to any and all other rights a party may have available according to law, if a party defaults by failing to substantially perform any provision, term or condition of this Contract (including without limitation the failure to make a monetary payment when due), the other party may terminate the Contract by providing written notice to the defaulting party. This notice shall describe with sufficient detail the nature of the default. The party receiving such notice shall have 5 days from the effective date of such notice to cure the default(s). Unless waived by a party providing notice, the failure to cure the default(s) within such a time period shall result in the automatic termination of this Contract.
18.0 DISPUTE RESOLUTION.
Both parties agree to handle any dispute arising from this contract by submitting said dispute to mediation. If mediation does not successfully resolve the dispute, the parties may proceed to seek an alternative form of resolution in accordance with any other rights and remedies afforded to them by law.
19.0 ENTIRE AGREEMENT.
This Contract contains the entire agreement of the parties, and there are no other promises or conditions in any other agreement whether oral or written concerning the subject matter of this Contract. This Contract supersedes any prior written or oral agreements between the parties. (This includes attached service term addendums).
20.0 SEVERABILITY.
If any provision of this Contract will be held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If a court finds that any provision of this Contract is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be deemed to be written, construed and enforced as so limited.
21.0 GOVERNING LAW.
This Contract shall be construed in accordance with the laws of the United Kingdom.
22.0 NOTICE.
All notices and other communications hereunder (each, a "Notice") shall be in writing and addressed to the parties at the addresses set forth in the Order Confirmation or to such other address that may be designated by the receiving party in writing. All Notices shall be delivered by email, personal delivery, nationally recognized overnight courier, or certified or registered mail. Except as otherwise provided in this Agreement, a Notice is effective only (a) upon receipt of the receiving party, and (b) if the party giving the Notice has complied with the requirements of this Section.
23.0 WAIVER OF CONTRACTUAL RIGHT.
The failure of either party to enforce any provision of this Contract shall not be construed as a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of this Contract.
24.0 SURVIVAL.
Provisions of these Terms, which by their nature should apply beyond their terms, will remain in force after any termination or expiration of this Agreement.
24.0 SIGNATORIES.
This Agreement shall be binding on behalf of Client & GD Photo Booths and effective as of the date first above written.