1. DEFINITIONS AND INTERPRETATION
1. In this Agreement unless the context requires otherwise the following words and expressions have the following meanings:
‘Contact’ means the contact named by the Hirer on the Booking form. Please note that if on the day the Contact is not available then happydonut.co.uk (HAPPYDONUT LTD) reserves the right to select an appropriate alternative. This may include, but not be limited to, a member of staff at the Venue, an events coordinator, a User or a close family member or friend of the Hirer or indeed the Hirer 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. ‘Hirer’ means the Main booking contact named on the Initial Booking Form. ‘Hire date’ means the date the Photo Booth is hired.
‘Photo Booth’ means the “happydonut.co.uk (HAPPYDONUT LTD)” system and related equipment. ‘Delivery note means the form completed on the Hire date which is signed by the Contact on the day and happydonut.co.uk (HAPPYDONUT LTD) representative. ‘Location’ means the Location of the Photo Booth once delivered and setup by a happydonut.co.uk (HAPPYDONUT LTD) Representative on the Hire date. ‘User’ means the people that use the Photo Booth whilst out on hire to the Hirer. ‘Venue’ means the postal address at which the Photo Booth is to be located on the Hire date. ‘happydonut.co.uk (HAPPYDONUT LTD) Representative’ means a representative, either employed directly or sub-contracted for happydonut.co.uk (HAPPYDONUT LTD).
2. 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’.
3. Reference to the singular includes the plural and vice versa.
1. 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 happydonut.co.uk (HAPPYDONUT LTD).
3. USE OF THE PHOTO BOOTH
1. The Hirer 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 happydonut.co.uk (HAPPYDONUT LTD) have any liability of whatever kind for any defects resulting from wear and tear, accident, improper use by the Hirer or Users except in accordance with the instructions or advice from happydonut.co.uk (HAPPYDONUT LTD).
2. 3The Hirer is to ensure the Photo Booth shall not be moved from both the Location and Venue other than by a happydonut.co.uk (HAPPYDONUT LTD) Representative.
3. The Hirer is to obtain any consent or permissions in the use of the Photo Booth at the Venue and happydonut.co.uk (HAPPYDONUT LTD) shall not be held liable for refusal or lack of any consent or permission.
4. The Photo Booth shall at all times remain the property of the happydonut.co.uk (HAPPYDONUT LTD).
5. The Photo Booth shall be delivered on date of Hire at which time the happydonut.co.uk (HAPPYDONUT LTD) Representative will leave the Photo Booth operational and in suitable condition for use. The Contact on the day, or, agreed alternative Contact will sign the Photo Booth Deliver Note to confirm they agree the Photo Booth is operational and not damaged.
6. happydonut.co.uk (HAPPYDONUT LTD) Representative has the right to refuse to deliver the Photo Booth if:
It believes that the Photo Booth will not be used properly;
The Venue or Location is believed to be unsafe or a risk to health;
The Venue or Location is believed to possibly cause damage to the Photo Booth;
The Venue or Location is believed to not be secure;
The Contact on the day cannot be found to sign the Photo Booth Delivery Note;
If The Contact on the day refuses to sign the Photo Booth Delivery Note;
7. The Contact on the day has the right to refuse to accept the delivery of the Photo Booth if:
They believe the Photo Booth to be unsafe or a risk to health;
The Photo Booth is damaged to the point of being unusable;
The Photo Booth arrives outside of the delivery timings listed on the Booking form.
8. Idle time requires the Booth to be securely stored.
9. After initial setup the Booth cannot be moved. Moving the booth will incur an additional charge.
10. 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.
11. 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 eneavour to run the booth over the allotedt time to make up the correct hire time if possible. We cannot give any refunds for circumstances beyond our control.
12. Extra Print Offers are for Normal/Wedding Album fills only. After the Album has been deemed to be completed by our Attendant the booth may be switched back to single print mode.
4. UPLOADS AND FACEBOOK
1. All Uploads and Facebook Uploads are subject to a stable Internet Connection.
2. 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.
3. Where a 3G Dongle is used (in the case that a WiFi connection is not available) we cannot be held responsible for the quality of the 3G connection and clients (the hirers of the Photo Booth) are required to check this beforehand 5 days before the event.
4. The Client (Hirer of the Photo Booth) is required to Log into Facebook for Facebook uploads to work and Accept the PhotoBooth Live FaceBook App.
5. FaceBook Group or Companies pages may not allow uploads to Albums pages as they do not have a Albums section. It is the responsibility of the Client (Hirer of the PhotoBooth) to check this up to 5 days before the event.
5. GUEST BOOK
1. The Guests books provided maybe leather or an alternative for the event. Guest books are provided for guests to put their second 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 or leaving the photo and message in a funny position. The guest book is left mainly for guest to use throughout the night and cannot be manned by the attendant all night.
6. VIDEO OPTION
1. It is usual to receive video messages from the guests however we cannot control or make people leave these messages. The button is clearly visible for the video message option.
1. A deposit as specified upon the Booking form shall be paid by the Hirer to happydonut.co.uk (HAPPYDONUT LTD). A receipt in the form of an e-mail shall be sent to the Hirer. The receipt is the only proof of booking that the Hirer shall receive. 4.2. An invoice in respect of hire will be issued 4 weeks prior to the date of the event and FULL payment must be made no later than 2 weeks prior to the Hire date.
2. If the Hirer fails to pay the invoice price by the date due then happydonut.co.uk (HAPPYDONUT LTD) has the right to cancel the booking with no deposit being returned to the Hirer.
3. No refunds are to be given due to fault of the Hirer 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.
1. Upon receipt of written notification of cancellation four weeks prior to Hire date happydonut.co.uk (HAPPYDONUT LTD) shall refund any monies paid less the Deposit.
2. Upon receipt of written notification within four weeks prior to Hire date no refund will be provided.
9. DAMAGE LOSS AND REPAIR
1. The Hirer shall be responsible for the loss, theft or destruction of or for any damage to the Photo Booth occasioned in any manner or by whosoever or by any cause whatsoever while the Photo Booth is at the Hirer’s risk (other than as a result of fair wear and tear) and fully and effectually indemnify happydonut.co.uk (HAPPYDONUT LTD) in respect of all claims, proceedings, costs, expenses, loss, damage and liabilities incurred by happydonut.co.uk (HAPPYDONUT LTD) arising directly or indirectly form any such loss, theft, destruction or damage.
2. happydonut.co.uk (HAPPYDONUT LTD) shall not be responsible for any losses or equipment failure which is beyond its control.
10. MECHANICAL PROBLEMS
1. 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 the next working day and sent to the client. No Refund shall be given unless the Photo booth cannot take photos from a camera failure or hard drive failure.
11. TERMINATION ON DEFAULT, ETC
1. Without prejudice to the provision of clause 4.4 happydonut.co.uk (HAPPYDONUT LTD) 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 Hirer fails to comply with any of its obligations under the terms of this Agreement.
12. ENTIRE AGREEMENT
1. 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.
2. No warranties, representations or other matters were relied upon by the Hirer causing it to enter into this Agreement other than those expressly set out herein.
3. This Agreement shall not otherwise be modified in any way except through the agreement by the Parties.
4. Except in the case of fraudulent misrepresentation the only remedy available to the Hirer in respect of any misrepresentation or untrue statement made to it shall be a claim for breach of contract.
5. 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 happydonut.co.uk (HAPPYDONUT LTD) will be liable for a full refund of the booking amount only.
13. FORCE MAJEURE
1. happydonut.co.uk (HAPPYDONUT LTD) 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 and natural disasters.
14. THIRD PARTIES
1. The Parties do not intend that any term of this Agreement may be enforced by a third party as defined in the Contracts (Rights of Third Parties) Act 1999 under the provisions of that Act.
1. Any notice required to be given for the purposes of this Agreement must be given by registered or recorded delivery mail.
2. The Hirer’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.
3. A notice shall be deemed to have been serviced if a notification of completed recorded delivery notice is provided via royal mail.
4. The Hirer acknowledges and accepts all materials (video, photo and text messages) recorded on the day can be used by happydonut.co.uk (HAPPYDONUT LTD) for the purpose of promoting and advertising its products and services. Furthermore the Hirer does not hold happydonut.co.uk (HAPPYDONUT LTD) liable for any issues arising through the use of such material.
16. COPYRIGHT PHOTOS & VIDEOS
1. happydonut.co.uk (HAPPYDONUT LTD) will own the copyright of all images and videos taken using the Photo booth. We reserve the right to send images to third parties if requested. Photos will be stored via server and online. USBs are sometimes sent to customers via postal service, happydonut.co.uk (HAPPYDONUT LTD) cannot be held responsible for Photo graphs/Video being given or sent to customer for loss or damage to the USBs in transit or at the event.
17. CHOICE OF LAW AND JURISDICTION
1. This contract shall be governed by English law and subject to the exclusive jurisdiction of courts of England and Wales in all matters regarding it except to the extent that happydonut.co.uk (HAPPYDONUT LTD) invokes the jurisdiction of the courts of any other country.