The Provider – Capture That Moment Limited
The Customer – The person booking Capture That Moment for their event
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.
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.
A £100 deposit is required at the time of booking a photo booth, the remaining balance is due 90 days prior to your event. If the operator uses the equipment for a time period in excess of the service period agreed to overleaf, the overage in rental time will be billed to the operator at the following rates: £75 per hour. Idle hours are charged at £20 per hour.
Payment for any overage in time must be paid before additional hours are provided.
ACCESS, SPACE & POWER FOR PHOTO BOOTH
Customer will arrange for an appropriate space for the Photo Booth at event’s venue. (2m x 1.5m’ wide x 2m high).
Customer is responsible for providing power for the Photo Booth.
DATE CHANGES & CANCELLATIONS
Any request for a date change must be made in writing at least ninety days in advance of the original event date. Change is subject to photo booth availability and receipt of a new booking contract.
If there is no availability for the alternate date, the deposit shall be forfeited and event cancelled.
Any cancellation will forfeit any deposit payment made (£100) or if no deposit made then 20% of the invoice is due if outside the cooling off period (7 days)
In the event that the Customer cancels the event without prior request to the provider, the customer agrees that they are liable for the full payment of the invoice.
Your deposit (£100) is non refundable however we will move your hire date if required.
Your final payment is non refundable unless Capture That Moment do not provide a photo booth hire for you.
In the case of adverse weather conditions and the provider is unable to reach the event then any payment will be hold on account and can be used for an alternative event only. No refund can be given in this case.
DAMAGE TO PROVIDER’S EQUIPMENT
Customer acknowledges that it shall be responsible for any damage or loss to the Provider’s Equipment caused by any misuse of the Provider’s Equipment by Customer or its guests.
Customer agrees to, and understands the following:
a) Customer will indemnify provider against any and all liability related to Customer’s Event during or after Customer’s event. Customer will indemnify Provider from the time of service and on into the future, against any liability associated with Customer.
b) Customer will indemnify Provider against any and all liability associated with the use of pictures taken within the Photo Booth its representatives, employees or affiliates at Customer’s event.
c) The video messaging, email, facebook upload, and props are a free addition to the photo booth hire and if for any reason the free additions are not working or unavailable the customer is not entitled to a refund and accepts this. The same applies for hiring the Magic Mirror if for any reason the props, red carpet, rope barriers, sign feature and touch screen if for any reason the free additions are not working or unavailable the customer is not entitled to a refund and accepts this.
d) In the unlikely event of your digital images being corrupt, lost or stolen Capture That Moment will compensate up to the total value of £100.
e) In the unlikely event that either Led letters or Led Dancefloor malfunction before or during an event you agree that the maximum refund will be the amount paid for the item.
Customer agrees to, and understands the following: All guests using the photo booth hereby give to Capture That Moment : The right and permission to copyright and use, photographic portraits or pictures and email addresses of any photo booth user who may be included intact or in part, made through any and all media now or hereafter known for illustration, art, promotion, advertising, trade, or any other purpose. In addition I, hereby release, discharge and agree to save harmless Capture That Moment from any liability, that may occur or be produced in the taking of said picture or in any subsequent processing thereof, as well as any publication thereof, including without limitation any claims for libel or invasion of privacy.
We will not store any credit or debit card details.
[For the purpose of the Data Protection Act of 1998, Capture That Moment is the data handler.]
1. Information Collection
Operation of this site may require collection and processing of the following data:
1.1 Visit details to our site or any resources used on our site are not limited to just location and traffic data, weblogs or other communication information.
1.2 Information given to us when you contact us for any reason.
1.3 Data offered by filled out forms on our site, like a registration or purchase.
Our advertisers and us may have the occasion to collect information in regards to your computer for our services. The information is gained in a statistical manner for our use or advertisers on our site.
Data gathered will not identify you personally. It is strictly aggregate statistical data about our visitors and how they used our resources on the site. No identifying personal information will be shared at any time via cookies.
Close to the above, data gathering can be about general online use through a cookie file. When used, cookies are automatically placed in your hard drive where information transferred to your computer can be found. These cookies are designed to help us correct and improve our site’s services or products for you.
You may elect to decline all cookies via your computer. Every computer has the ability to decline file downloads like cookies. Your browser has an option to enable the declining of cookies. If you do decline cookie downloads you may be limited to certain areas of our site, as there are parts of our site that require cookies.
Any of our advertisers may also have a use for cookies. We are not responsible, nor do we have control of the cookies downloaded from advertisements. They are downloaded only if you click on the advertisement.
3. Your Information and how it is Used
Primarily, we collect and store data about you to help us provide better service and products to you. The following are purposes we may use your information for:
3.1 At anytime you request information from us via a form or other electronic transmission we may use your information to fulfil that request relating to our services and products. We may also communicate with you on other products or services you may find of interest, only when consent has been provided.
3.2 Contracts we make with you create a commitment, which may require contact or use of your information.
3.3 We have the right to notify you of changes to our website, products or services that could affect our service to you.
3.4 Information on products or services similar to those of an existing consumer purchase may be communicated to you. The information sent to you in a communication will be similar to the subject of a recent sale.
3.5 We may also use your information or allow a third party use of this data, to offer you information about unrelated products or services you may be interested in. We or third parties can only communicate if you have consented to such communication and data use.
3.6 New consumers can be contacted by our website or third parties only if consent has been granted, and only for those communications you have granted.
3.7 An opportunity for declining your consent is provided on our site. Use this opportunity to withhold your details from us or third parties, regarding data we may collect.
3.8 Be aware we do not reveal identifiable information about you to our advertisers, though we may at times share statistical visitor information with our advertisers.
4. Storage of Personal Data
4.2 Information submitted by you is stored on secure servers we have. Any payment or transaction details will be encrypted for full safety measures to be in use.
4.3 As you know, transmission of data on the internet is never guaranteed regarding safety. It is impossible to guarantee your safety with electronic data and transmission. You are therefore at your own risk if you elect to transmit any data. When offered you may create a password, but you are responsible for keeping it confidential.
5. Information Sharing
5.1 If necessary, we may share personal information to our group members including such entities as subsidiaries, holding companies and their subsidiaries. Information is shared only when applicable.
5.2 Third party disclosure may be necessary in regards to personal information:
5.2.1 A sale of our business or its assets, in full or part, to a third party may require personal data sharing.
5.2.2 Legally, we may be asked to share and disclose data details.
5.2.3 To assist in reducing credit risk and fraud protection.
6. Third Party Links
7. Accessing Information
The Data Protection Act 1998 provides you with the right to access the information that we collect about you. Please note any demand for access may be subject to a fee of £10 which covers our costs in providing you with the data requested. The contact information below needs to be used to request access about details we collect and store on you.
8. Contacting Us
If any provision of these terms shall be unlawful, void, or for any reason unenforceable under Contract Law, then that provision, or portion thereof, shall be deemed separate from the rest of this contract and shall not affect the validity and enforceability of any remaining provisions, or portions thereof. This is the entire agreement between Provider and Customer relating to the subject matter herein and shall not be modified except in writing, signed by both parties. In the event of a conflict between parties, Customer agrees to solve any arguments via arbitration. In the event Provider is unable to supply a working photo booth for at least 80% of the Service Period, Customer shall be refunded a prorated amount based on the amount of service received (this is £100 per an hour, or the percentage of, using this figure). Spare equipment will be supplied with the booth subject to availability. If the printer fails to print out photos on site the Provider will be allowed to give a web site to the customer where their guests can log onto and order prints free of charge with free postage. The Free Guest Book offer does not apply to Corporate Christmas Parties. Capture That Moment reserves the right to change the booth type without prior acknowledgment and may also out source your event to another company.
If no service is received, Provider’s maximum liability will be the return of all payments received from Customer.
Provider is not responsible for any consequential damages or lost opportunities upon breach of this agreement. We hold the right to edit these terms and conditions at any time.