Wedding Photo Booth Terms
& Conditions
It is mutually agreed that the
following terms and conditions form an integral part of this contract/invoice
and that no variation or modification of this contract shall be effective unless
accepted by 360 Media Studio Ltd in writing.
1. Definitions
1.1 The “Client” means the
person/s, organisation or company booking the services and equipment with the
“Company”.
1.2 The “Company”, “the
Photographer” or “the Photographers” means 360 Media Studio Ltd.
2. Bookings
2.1 All equipment and services
remains the property of the company at all times.
2.2 By placing an order with the
company either verbally or via e-mail regardless of whether a booking form has
been returned or deposit paid it is deemed that the customer has read,
understood, fully agreed to and is bound by all our terms and conditions of hire
and use.
2.3 In the event of traffic or
other uncontrollable circumstances preventing us from being able to fulfill our
contracted obligations our liability shall be limited to a refund of any monies
paid in relation to the contracted event or a pro rata reduction in the hire fee
in the event of delayed start. No further compensation will be paid irrespective
of any loss of earnings.
2.4 Force Majeure
Every effort will be made to carry out the contract but its due performance is
subject to alteration or cancellation by the Photographers owing to any cause
beyond their control (e.g. acts of God, change in legislation, floods, fire,
computer failure, etc).
2.5 If the Photographer is unable
to perform due to fire or other casualty, industrial action, road or rail
accidents or other cause beyond the control of the parties, or due to the
Photographer’s illness or injury, then the Photographer shall return the booking
fee to the Client but shall have no further liability with respect to this
agreement.
3. Prices, Deposit & Balance Payments
3.1 All hires are subject to a
non-refundable deposit of £200 or 25% of total price, which ever is larger. This
must be received immediately with a completed booking from to confirm the
booking.
3.2 The balance to be paid in full
and cleared 35 days prior to the wedding reception date unless approved account
facilities are held.
3.3 Terms for approved account
clients will be strictly 15 days from invoice date unless agreed in writing by
the company.
3.4 Advertised prices are subject
to change without prior notification.
3.5 The company reserves the right
to charge interest on all overdue accounts at 8% above its banker’s current
interest rate.
3.6 All prices are subject to VAT
at the current rate unless previously agreed or stated.
3.7 Any variations to the booking
by the client must be made in writing and may incur additional fees.
4. Cancellations
4.1 Any cancelled order is subject
to the following cancellation charges:
Within 8 weeks prior to event 25%
of order value or deposit value which ever is the greater
Within 6 weeks prior to event 50%
of order value
Within 4 weeks prior to event 100%
of order value
4.2 Should the
cancelled wedding reception turn out to be a postponement, then, subject to
availability, all money paid may be applied to the new wedding reception date.
In this case, the total fees chargeable shall be the fee which applies at that
time.
In the event of 360 Media Studio Ltd taking another booking for your cancelled
or postponed date a full unconditional refund of your monies paid minus the
deposit shall be made.
4.3 Our
Cancellation - If 360 Media Studio Ltd has to cancel this contract for reasons
beyond their control, (death, injury, sickness etc.), their liability shall be
limited to a full refund of all monies paid.
5. Equipment
5.1 The company reserves the right
to substitute hired equipment, services and staff with that of a similar type
and value without notice in the event of previous damage or loss.
5.2 All sizes quoted are
approximate
5.3 All goods remain the property
of the company at all times.
5.4 The company reserves the right
to amend or alter any product specifications without prior notice.
6. Site Location, Facilities & Conduct
6.1 Hired equipment and services
will be set up in one location only as agreed prior to arrival and will not be
moved once unloaded or set up.
6.2 The company reserves the right
to refuse service if the venue or site is deemed to be unsuitable by our
personnel or if the client has failed to notify the company of any delivery
obstructions such as stairs or excessive loading distances from our vehicle to
the installation site. In such a case no refund will be given and the full hire
fee will be due.
6.3 The client is responsible for
ensuring that suitable security and crowd control measures are in place prior to
start of event.
6.3 The company reserves the right
to cease operation and remove hired equipment from site if at any time a
representative of the company feels that guests or clients conduct endangers the
safety of the guests, clients, themselves or the safety of the equipment. In
such cases no refund will be given and full contracted fees will be due to the
company.
6.5 The company and its operators
reserve the right to refuse admission to any person using our equipment on the
grounds of safety. E.g. but not limited to excessive alcohol or drug abuse.
6.6 The client will allow suitable
time for the installation and dismantling, and removal of equipment (minimum of
one and a half hours). The client also ensures that safe and adequate power is
available, at least two 240v 13amp sockets. The company ensures that any
equipment that requires connection to a power source is electrically safe and
conforms to the HSE EAW Act 1989, and any amendments thereafter.
6.7 The client will provide at
least two 6 foot rectangle tables for use by the company. The tables will be
strong enough to hold the equipment and faulty tables will be the liability of
the client.
6.8 If the start time is delayed
due to the inability of the company to gain access to the location, or any other
delay beyond the company’s reasonable control, the company will not be liable
for any refund whatsoever
7. Liability & Insurance
7.1 The company’s liability
insurance covers use of the equipment only whilst booked and supervised by a
representative of the company. If early or late set up is required by the client
an idle time fee will be applied to protect the equipment and comply with
insurance requirements.
7.2 The client agrees to indemnify
the company for any damage or theft of the company’s equipment whilst on hire.
7.3 The company accepts no
liability for any damage or loss of personal property and or any injury arising
from the use of the hired equipment.
7.4 This limitation on liability
shall also apply in the event that images are lost through equipment
malfunction, lost in the mail or otherwise lost or damaged without fault on the
part of the Photographer.
7.5 In the event that the
Photographer fails to perform for any other reason, the Photographer shall not
be liable for any amount in excess of the Photographer’s fee.
8. Copyright
8.1 The 1988 Copyright Act assigns
the copyright to the Photographer. It is contrary to the Act to copy, publish,
reproduce or store images electronically, unless the express permission of 360
Media Studio Ltd has been purchased. If permission is granted, then transfer of
the copyright commences only once payment for the copyright has been made in
full.
8.2 The Client may not (either
personally or via a third party) alter or add to or manipulate a picture by
means of computer or any other technique or reproduce a picture in whole or in
part as an element within, or as a montage with, another picture.
9. Display
9.1 The Photographer reserves the
right for any photograph created during event to be displayed in the studio,
portfolio, or in any other advertising directly associated with 360 Media Studio
Ltd.
10. Law
10.1 Law
These Terms and Conditions shall be governed and construed in accordance with
the Laws of England.
11. License
11.1 The Photographers shall be
granted artistic license in relation to the poses photographed, the location
used and digital retouching. The Photographers’ judgment regarding the
locations, poses and number of photographs taken shall deemed to be correct.
11.2 Clients or anyone else are
not permitted to use their own cameras or image capturing devices to capture
images of clients/guests on the set or posed by the photographer.
12. Photographs
12.1 All photograph sizes are
nominal. The Photographer will provide a pleasing colour balance but cannot
guarantee exact colour matching. In the case of part mono/part colour images,
the colours used will be subject to the
photographer’s
artistic interpretation and will be deemed to be correct. All photographs
supplied by 360 Media Studio Ltd are produced to the highest standards using the
best quality materials and latest processing techniques. However, all
Photographs will, in time, fade. This is particularly true if they are left in
bright sunlight and are not behind glass. 360 Media Studio Ltd cannot accept any
responsibility for this gradual image deterioration. Cropping will occur on
various size images, it is the photographer’s discretion that will determine the
crop unless previously agreed with the client.
12.2 All pictures purchased are
presumed to have been received in good condition unless the Client notifies 360
Media Studio Ltd in writing of any discrepancy or error within 14 days of
receipt.
12.3 The Photographer(s) will
document the events in a candid manner and take formal portraits as necessary.
The final content of the images is at the discretion of the Photographer.
12.4 The Photographer cannot be
held responsible for weather conditions that do not permit outdoor photography.
13. Reprint Orders
13.1 All re-orders shall be
treated as an extension of this contract. No responsibility for error will be
accepted unless orders are given in writing or via direct sale from the on-line
gallery. Any
errors/mistakes made by the client via PayPal will be subject to a 10% handling
charge. It is the responsibility of the client to ensure that they have made the
right choice/decision before any payment occurs.
13.2 As all our
products are essentially 'made to order’; payment is required before work is
commenced. Payment is accepted by bank transfer or via PayPal on our website.
14. Special
Offers
14.1
Our special Offers are not subject to any further discounts or promotions. All
offers are subject to availability and are time limited. We reserve the right to
withdraw any and all special offers at any time without notice.
15. Refund Policy
15.1
We will not refund, nor accept the return of/refusal to pay charges for, any
technically acceptable photograph supplied either in print or in electronic
format. No exception can be made as we cannot be held responsible for individual
tastes or exceptions and all photographs are previewed on screen prior to sale.
16. Retouching
16.1Retouching and artist
finishing is available as an optional extra after the event.
17. Storage of Images
17.1
Original digital images are kept on an active file for
three months, after which time they will be archived unless expressly stated
otherwise by the Photographer.
18. Data Protection
18.1 In compliance with the Data
Protection Act 1998, personal data supplied to the Photographer may be stored
for future use. This data will only be used to inform you of future
opportunities and to be kept up to date and will only be held as long as is
necessary. The Photographer will take all necessary steps to ensure the
information is held and used in accordance with the above Act. However, should
you not wish the data to be stored and/or removed please contact the Data Base
Manager at the address listed on this contract/invoice.
19. Exclusivity
19.1 360 Media Studio Ltd shall be
the sole professional (still) photographers at the venues specified. Failure to
comply will incur full loss of monies paid and invoke instant cancellation.
20.
Travelling costs
20.1 Travelling
cost are applicable when the distance to the event is 30 miles or more from our
studio. Overnight accommodation and sustenance costs must also be met by the
client should the event take place at a distance that makes travelling to and
from the event unreasonable within a normal working day. Please contact us for
further clarification.
Complaints
Procedure -
Please address any complaints to 360 Media Studio Ltd either by e-mail or
telephone 0118 9272 435 09.00hrs - 17.00hrs Mon - Fri. 24hrs Standard UK call rates
apply. We will endeavour to respond to any complaint within 48 hours.
The Photographer reserves the right to amend these Terms and Conditions without
prior notice.
Please
contact us if you have any question about the above information.
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