Hire Terms & Conditions
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The Provider: Flicksbox, us, we, our, means the company trading as Flicksbox.
Customer: The hirer, you, your, yours, refers to the person hiring the Photo-Booth from us.
This written contract and its terms comprise an agreement between the Provider and the Customer for the hire of the Photo Booth.
The following contract sets out the full intentions of the parties and supersedes any previous written or oral agreements made between the parties.
Our Terms & Conditions
When hiring a Photo Booth from us you do so in accordance with these Terms & Conditions. You are deemed to have accepted the hire charge for the hire of the Photo Booth, and other terms, which have been quoted to you at the time of placing your order.
Any agreement for the hire of the Photo Booth is between you and Flicksbox.
We reserve the right to amend or update our Terms and Conditions at any time and any subsequent reservations made by you shall be governed by such terms. We reserve the right to alter our pricing at any time without prior warning but this will not affect bookings which have been confirmed by 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 the Provider and the Hirer relating to the subject matter herein and shall not be modified except as agreed in writing by both parties. In the event of any conflict between the hire agreement and any other term or provision this hire agreement shall prevail.
If no service is received, the Provider’s maximum liability will be the return of all payments received from the Customer. The Provider is not responsible for any consequential damages or lost opportunities upon breach of this agreement.
These Terms & Conditions of hire shall be governed by and construed in accordance with the laws of England and Wales. The parties hereto submit to the exclusive jurisdiction of the courts of England and Wales.
No delay or failure on our part to enforce our rights or remedies under the Hire Agreement shall constitute a waiver on our part of such rights or remedies unless such waiver is confirmed in writing.
A non-refundable deposit of 50% of the agreed rental charge is required to secure a reservation for the Photo Booth, the balance of the agreed rental charge is due 30 days before the Customer’s event.
Once we receive the completed booking request and the hire charge deposit, we will notify you to confirm that your order has been accepted for the dates specified on the booking form. Should the dates not be available then we will notify you and a full refund of the deposit shall be made.
By paying the hire charge deposit & balance to us, you agree to these Terms & Conditions, accessible on www.flicksbox.co.uk.
Flicksbox reserves the right to cancel the booking if the deposit and balance has not been paid by due date (at our discretion).
Any costs that we incur as a result of incorrect information given by you must be reimbursed by you.
Date changes & cancellations
Any request for a date change must be made in writing at least thirty 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.
If the Customer cancels an agreed rental of the Photo Booth within thirty days before the rental date the full amount will be forfeit.
Access, space & installation requirements
The Customer agrees to arrange for an appropriate space to be made available for the Photo Booth at the event venue. A minimum floor area of 3m depth x 3m width x 2.20m height is required.
The Customer will provide a reliable mains electricity supply comprising a single 13amp socket with 3 prong outlet (220-240V), located within the space designated by the customer for the Photo-Booth.
Flicksbox requires approximately one hour to set up and test the Photo Booth properly. If you require the Photo Booth to be set up in a shorter period then we cannot be held responsible if it is not setup correctly or ready on time. It is your responsibility to ensure that all appropriate consents and approvals have been obtained to ensure that Flicksbox are permitted access to install the Photo-Booth at the agreed event location. Flicksbox cannot be held responsible if for any of the above reasons we cannot deliver the Photo Booth on time for your event.
If you require the Photo-Booth to be moved away from its allocated position after set-up, we cannot be held responsible if it is not setup correctly or fully operational at the agreed time.
It shall be your responsibility to provide an internet connection in order to make use of some of our online features. A minimum upload speed of 1Mbps is required.
Where you have elected to transport the Photo Booth, you will be responsible for any damage to the Photo Booth or related equipment howsoever caused including any damage caused by third parties and you agree to indemnify us against loss, damage, cost or expense that we may incur as a result.
We cannot be held responsible for the number of times the Photo Booth & the social features are used. In this instance no financial reimbursement shall be given.
We will arrive approximately 30 to 60 minutes before the service period begins. If you should (for organisational or other reasons) request us to arrive & set up earlier this may incur additional charges.
Provider agrees to have a Photo Booth operational for a minimum of 80% of the agreed service period.
During this period; operations may need to be interrupted for maintenance of the Photo Booth. In the unlikely event that it is not possible, other than for reasons beyond the Provider’s control, to provide an operational Photo Booth for at least 80% of the agreed service period, the Provider shall make a refund to the Customer calculated pro rata from the total charge made for the agreed service period.
The hire period shall start and end on the dates and times specified within the written booking request. No extension to the hire period is permitted without our written consent.
Damage or loss to providers equipment
You will be fully responsible for any loss or damages caused by you, your guests or other attendees at the event to the Photo Booth and or equipment howsoever caused, with the sole exclusion of damage caused by Flicksbox staff. You will be invoiced for the replacement of any damaged or broken parts including the cost of labour.
The Customer shall be responsible for any loss of or damage to the Provider’s equipment caused by Theft, Fire, Flood or Accidental Damage.
A refund of the hire charge shall not be given to the customer where the hire period has been terminated early due to the Photo-Booth being damaged, lost or stolen during the hire period or any breach by you of these Terms & Conditions.
The Email, Facebook & Pinterest upload, speaker 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 hirer is not entitled to a refund and accepts this.
The Customer agrees to, and understands the following:
The Customer will indemnify the Provider against any and all liability related to the Customer’s event and use of the Provider’s equipment.
The Customer will indemnify the Provider against any and all liability associated with the use of any pictures taken at the Customer’s event by the Photo Booth or by its operatives, employees or affiliates.
Copyright & Photograph Usage
The Customer agrees to, and understands the following:
All persons using Flicksbox at the hirer’s event hereby give to the provider the right and permission to copyright or otherwise use any photographic portraits, pictures or audio-visual material of any Photo-Booth user who may be included in whole or in part, via any or all media now or hereafter known for illustration, art, promotion, advertising, trade, or for any other purpose.
The customer shall have licence to use any such photographs for their own purposes.
Additionally the hirer hereby releases, discharges and agrees to maintain Flicksbox free from any liability arising out of the taking of said pictures or any subsequent processing or publication thereof including, without limitation, any claims for libel or invasion of privacy.
Where the hirer has agreed to set up Email, Facebook, Twitter or Pinterest upload functionality, any customer who uploads their photo accepts that there may be a reference to Flicksbox as this is the name of the Photo-Booth. If you choose to use a social media upload option you take responsibility for permitting all customers to upload any picture or video to their own facebook page. Flicksbox cannot be held responsible for the content of these pictures.
All photos taken by the Photo-Booth will be uploaded to a photo gallery and shall be available to the customer and users of the Photo-Booth via URL-link. If the hirer states that they would like photos to be password protected, we will do so on our online photo gallery at Smugmug.com.
Risk and Ownership of the Photo Booth
Full ownership in the Photo-Booth shall remain fully vested in us at all times. The hirer has no right, title or interest in the Photo-Booth other than that you are entitled to hire the Photo Booth for the Hire Period.
You are responsible for the Photo-Booth from the time we deliver the Photo-Booth until the time you return the Photo-Booth to us. Full risk in the Photo-Booth shall lie with you during this time.
The hirer is not permitted to hire, sub-let, sell, lend, or part with possession of the Photo-Booth at any time during the Hire Period.
Termination of Hire
Flicksbox does not accept any abuse or threatening behaviour to any of our team members or abuse of the Photo Booth or other equipment. If this happens Flicksbox retains the right to terminate the hire imminently. This applies equally to you and your guests. We may terminate the hire in cases where our staff are of the reasonable view that the equipment belonging to Flicksbox or the Photo-Booth itself is in danger of being damaged or has been damaged due to the actions or unruly behaviour of the people using the Photo Booth(s). Wherever possible and reasonable to do so we will address you or the venue first to with the intention to resolve any issues before any termination is performed. If we do terminate, for any reason, the full hire charge will be forfeit and we will not issue any refunds for any period of hire not provided.
We shall also be entitled to terminate the hire agreement at any time if you are declared bankrupt, enter into any arrangement with your creditors, or being a company, go into liquidation or are wound-up, or being a partnership, is dissolved or if, in our reasonable opinion, one of the aforementioned events is likely to occur.
We also reserve the right to terminate the hire immediately where we have reasonable grounds to believe that you have acted in breach of these Terms & Conditions.
Limitation of Liability
We disclaim any and all liability to you for the supply of the Photo Booth to the fullest extent permissible under applicable law. This does not affect your statutory rights as a consumer. If we are found liable for any loss or damage to you such liability is limited to the hire charge you have paid. We cannot accept any liability for any loss, damage or expense, including any direct or indirect loss such as loss of profits, to you howsoever arising.
We shall not be held liable for any failure or delay in performing the service and hiring the Photo-Booth where such failure arises as a result of a ‘Force Majeure’ event (meaning an event that no human foresight could anticipate or which, if anticipated, is too strong to be controlled, and shall include governmental actions, acts of God, fire, extreme weather conditions, death, illness, national emergency, war, protests, acts of terrorism, riot, civil commotion, explosion, epidemic, flood, lock-outs, strikes). In such circumstances any payments remain non-refundable.
We do not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the hire of Flicksbox. We do not make any representation or guarantee that use of the Photo-Booth in any promotional context will generate revenue or customers for you or your business.
We shall not be liable for any misrepresentations other than fraudulent misrepresentations.
Nothing in these Terms & Conditions shall limit our liability for personal injury or death arising as a direct result of our negligence.
Flicksbox will provide telephone support to you the hirer during the agreed hire period.
All technical issues or other problems concerning the Photo-Booth and additional equipment that cannot be resolved by the hirer must be reported to Flicksbox (at the provided support numbers) as soon as possible in order to give us the opportunity to solve the problem. It shall be your responsibility to leave a voicemail if not answered. If no message is left, we cannot guarantee that your call will be returned.
Flicksbox will assign technical assistance on site within 60 minutes of any issue being answered to in person by us or a member of staff and where it cannot be resolved via telephone support.
Flicksbox does not take responsibility for any technical issues that have not been reported to us during the hire period, in which case reimbursement of fees will not be given.