bThese are the Standard Terms & Conditions, which apply to bookings with Smiley Booth Ltd unless otherwise agreed in writing with the company’s directors.
1. In these terms and conditions Smiley Booth Ltd shall be referred to as “the company”.
2. These terms and conditions are applicable to all Smiley Booth Franchisees which are individual businesses but operate within the same conditions as Smiley Booth Ltd. The terms franchise and franchisee are used interchangeably.
2. The person(s) and/or company who book the equipment and/or the persons and/or company who pay for the equipment shall be deemed as the client, herein referred to as “the client”.
3. Unless otherwise stated in writing, these Terms & Conditions apply to all services provided by the company and franchisees. Therefore it is deemed that by placing a booking with the company or franchise (verbally or in writing), whether it is explicitly stated or not, whether the client signs to indicate their acceptance or not, these Terms & Conditions are binding between the two parties.
4. Unless otherwise agreed in writing, a deposit shall be required before a booking can be confirmed. This deposit shall be deducted from the balance payable. A booking isn’t confirmed until the company sends a written confirmation.
5. In these terms and conditions, the date on which the company shall provide the services booked by the client shall be referred to as “the date of the event”.
6. You agree that email and other electronic communications can be used as a long-distance means of communication and acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.
7. The inclusive amount the company charges for the services provided including all hire fees, extras, transport and VAT (where applicable) shall be referred to as the “total amount”.
8. The monetary value of the total amount shall be defined at the time of booking in writing.
9. Any extra charges incurred during the hire time on the day of the event or after the event (which are not included in the total amount) shall be herein referred to as “additional charges” and/ or ”extra charges”.
10. The total amount and any additional charges shall be paid subject to the payment terms.
11. We reserve the right, by giving notice to you at any time before delivery or performance of our obligations to you, to increase the price of the Services to reflect any increase in the cost to us due to any factor beyond our control (such as without limitation, any foreign exchange fluctuation, significant increase in the costs of labour, materials or other costs of manufacture). In the unlikely event of this occurring, you shall be entitled to cancel the order at any time before we have commenced providing the Services.
Suitable Space & Access & Parking
12. The client shall provide the company a suitable space for the equipment hired to be constructed and used properly according to any relevant health and safety legislation and/or best practice.
13. Withstanding clause 12, unless otherwise agreed in writing, for Photo Booths a suitable space shall be defined as: a clean, safe, dry, indoor space which is at least 2.5m wide, 2m deep and 2.2m high with a suitable 1kw 13amp power supply within 5 metres and enough space for staff to work freely/safely around the booth, for guests to queue and a table for guest book/social media terminal as appropriate.
14. Withstanding clause 13, the client accepts full responsibility of providing a suitable and adequate power supply for the photo booth.
15. If the space allocated is unsuitable at the time of arrival or if the space becomes unsuitable during the duration of the hire, than the company reserve the right to move to a more suitable space and if not possible then cancel the hire subject to the cancellation terms set out in the document here written.
16. The client shall be responsible for ensuring that the space for the Photo Booth is within reasonable distance of a suitable parking space for a large van. The route of access from the vehicle to the space shall be safe and level and free of steps in order to allow a heavy wheeled flight case good access. If the venue does have stairs or limited access, we must be notified of this at least 2months prior to the event to be able to accommodate this.
17. Parking shall be provided, at the client’s expense for the duration of their event and/or any period where the company is required to be on site in order to fulfil the agreement. This must be sorted in advance to the event and the company to be aware of any charges. This is particularly important but not limited to venues in London and other city centres.
Extra Hours, extra work, waiting
18. Where the client requests to extend their hire time on the date of their event a fee shall be charged. The company will quote for this service at the time of the request, the request will be granted subject to availability.
19. Where the client requests set up is completed more than 1 hour before the start time of their hire then a fee shall be charged for ‘idle hours’. The company will quote for this service at the time of the request, the request will be granted subject to availability. If the venue or the client do not allow us to set up 1 hour before start time then the setup time will be taken out of the hire time.
20. Where the company are unable to pack up their equipment at the end of the clients event at the scheduled time, free from interruption and/or where the company is unable to leave the client’s premises free from obstruction at the end of an event; then the client may be liable to pay for extra work involved. The amount charged will fairly reflect any costs incurred as a result of the delay and shall be invoiced to the client within 7 days of the booking.
21. If the company arrive late due to instances beyond our control such traffic, we will try and add extra time to compensate for this at our discretion. If the company start late due to timings at the event overrunning or the client have not provided a suitable space for the booth (see 12&13) no extra time will be added.
22. Where the client requires hire time beyond midnight additional fees will be charged at an hourly rate of £25 per hour due to increased staff costs.
23. The company reserve the right to charge additional fees for bank holiday dates such as Christmas Eve and New Year’s Eve where staff costs are increased. These fees will be agreed at the time of booking in writing.
24. Unless otherwise agreed in writing, the balance shall be paid at least 30 days prior to the date of the event. Or by any other arrangement that has been agreed with the company.
25. Unless otherwise agreed in writing, if the client’s event is 30 days or less from the date/time of booking then the full balance shall be due at the time of booking.
26. If the client fails to pay on time subject to either of the terms listed above or subject to any other payment terms stated in writing at the time of booking; the company may cancel the booking subject to the company’s cancellation terms set out elsewhere in this document.
27. Unless otherwise agreed in writing, invoices for extra charges will be paid no later than 7 days from the date of the invoice.
28. The company / franchise may charge a late payment penalty for balances which are not paid on time: £30, £60 or £150 depending on the size of the debt (under £500, under £1000, and higher than £1000).
29. In addition to the aforementioned penalty the company / franchise may charge interest at a daily rate on overdue balances equal to 8% above the bank of England base rate per annum.
30. Where the client pays any sum by credit or debit card, the card details may be saved securely in order for the company / franchise to charge that card if any outstanding balances become overdue.
31. All cancellations must be made by contacting Smiley Booth 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 180 days or more before the event – No refund of the initial retainer. Any other amounts paid and/or other monies paid excluding transaction fees are refundable unless a special order item has been ordered.
- Cancellation between 90 – 30 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 29 days of the event – There is no refund available and the entire amount of the booking fee is due. The single exception to the “29 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.
31. Should the Client cancel due to a city/county/national “shut down” or “stay at home” order, or mandatory closure of event venues, and the event cannot legally take place, a refund will be issued for any payments received, less the retainer. The retainer will remain on file as a credit and credit may be transferred to another event, service or person/Client. Any additional monies or payments owed will be waived in this scenario.
32. The company / franchise will try to accommodate rescheduling where possible. The more notice given then the more likelihood of the company being able to do this. The company / franchise has the full right to not allow rescheduling if the date of the event has changed peaks e.g. low prices may be given due to low season/midweek. This cannot be transferred to high season/weekends
33. Change of venue is allowed up to 30days prior to the date of the event. If the new venue is at a greater distance then a travel fee may be applied at the company’s discretion.
Use of Images
34. Unless otherwise agreed in writing the client grants the company full rights to use any images taken at the event (inside or outside of the Photo Booth) on the company’s website, in social media and in other marketing material without limitation.
35. Similarly, the company agrees to provide the client with a copy of all images captured at their event via an online gallery, in both clauses images deemed as inappropriate will be automatically removed. The online gallery will be made available within one week of the date of the event and if a disc is included, then that will be sent within two weeks of the date of the event. Please note that this will be sent to the address on the booking form.
36. All ‘services’ provided on an unlimited basis are subject to a ‘fair use’ policy whereby the company may exercise it’s right to limit usage of the service should it feel that the service is being abused or being used for purposes not stated at the time of booking.
Damage to our Equipment / Conduct of your guests
37. Our staff are present to safeguard the equipment and your guests and to ensure you receive the best from the photo booth experience. To this end company / franchise staff will not tolerate abusive behaviour. If staff feel they or the equipment is at risk at any point they reserve the right to close the booth down and advise the client of the situation.
38. The cost of any repairs following damages and/or losses to our equipment shall be charged as an “additional charge” to the client in the event that any part of our equipment is lost or damaged during the client’s event.
Photo Designs and requests
39. Photo design requests will be sent out at time of booking and at least 1 month prior to the date of the event. If this has not been received within 2 weeks then the client will receive plain which strips with no text. Photo designs cannot be received over the telephone as spelling mistakes may occur and the company will not be liable to pay any refund. Although the company will be as accommodating as possible only 2 amendments to the original proof can be guaranteed especially at busy times. Any additional changes may result in the client being charged £10.
40.The company / franchise will endeavour to accommodate any requests for specific booth choice, backdrop, props or members of staff but cannot make any guarantee where no additional fee has been paid to secure these items.
41. We shall have no liability for delays or failures in delivery or performance of our obligations to you resulting from any act, events, omissions, failures or accidents that are outside of our control (‘Force Majeure’), which, without limitation, include:
- a. Strikes, lock-outs or other industrial action
- b. Shortages of labour, fuel, power, raw materials
- c. Late, defective performance or non-performance by suppliers
- d. Private or public telecommunication, computer network failures or breakdown of equipment.
- e. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
- f. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster or extreme weather conditions.
- g. Impossibility of the planned use of roadways or vehicle or other means of public or private transport.
- h. Acts, decrees, legislation, regulations or restrictions of any government
- i. Accident damage or injury to either our vehicle(s), staff or equipment on route to the event
- j. Any other causes beyond our reasonable control email@example.com www.smileybooth.co.uk
42. In the event the company fails to deliver services ordered as per the confirmation the company / franchise will endeavour to offer a suitable replacement where possible. If refused by the client the company’s liability shall extend no further than a refund or pro-rata refund for any lost hire time.
Governing Law & Jurisdiction
43. These Terms & Conditions shall be governed by the laws of England and Wales and you irrevocably agree to submit to the exclusive jurisdiction of the courts of England and Wales. Thank you for taking the time to read our Terms and Conditions. If you have any questions before booking please contact your local event manager or head office at firstname.lastname@example.org