The Luxe 360 Booth (Trading As) The Luxe 360 Booths and The Luxe 360 Photography
Legal Application
These Terms and Conditions will apply to the purchase of the services and goods by you (The Customer or you).
We are The Luxe 360 Booth company registered in England and Wales as a sole traders business whose registered office is at Sherwood Parade Business Offices, NG21 0JP and 45A Derby Road, Kirkby in Ashfield, Nottingham, NG17 4BX with email address cs@theluxe360.co.uk ; telephone number 07377389937; (The Supplier or us or we).
Interpretation
The Supplier
The Luxe 360 Booth trading as The Luxe 360 and The Luxe 360 Photo & Video Booth
The Customer
The person booking The Luxe 360 Booth for their event.
The following contract and its terms comprise an agreement between the Supplier and the Customer for the hire of the 360 Photo Booth supplied by The Luxe 360 Booth.
This written contract sets out the full, intentions of the parties and supersedes any previous written or oral agreements made between the parties.
Service Period
The Supplier agrees to provide a Photo Booth operational and available for use for a minimum of the agreed service period of hire , to permit maintenance of the Photo Booth should any be necessary the supplier will arrive early at your hire event by 1 hour to 2 hours before hire time dependent on package of hire purchased.
Payment & Deposits
A partial non-returnable deposit of an agreed percentage of the total agreed rental charge is required to secure a reservation for the Photo Booth, the remaining balance of the agreed rental charge is due 28 (twenty eight) days before the Customer’s event, unless exceptional terms have been agreed between the Customer and the Supplier.
The deposit is only returnable if we cannot do the event.
If the operator uses the equipment for a period in excess of the agreed service period additional rental charges will be payable by the Customer to the Supplier, calculated on a pro rata basis.
Virtual events – full payment is required on receipt of invoice.
Payment of all additional rental charges must be made by the Customer before any additional service period commences.
Payments on Event Date
Please be aware that if you choose to pay a deposit and payment on the event date- we will come and set up and once a test spin is done we will require full payment. If payment is not made or delayed this will go into your hire time at your liability.
Design Work, Forms & Your Response Timeframes
Please be aware when we send you a video to watch or form to sign, it is your duty to read (or have someone read it to you if for any reason you cannot read) the forms or transcribe the videos we send to ensure you understand and acknowledge them.
The deposit for your booking must be paid unless agreed prior for any design work to commence for any hire/use of our designs and if any event/hire is cancelled it will be minus any admin fees for design work to cover time and admin.
Any design work done as goodwill is subject to our availability and workload.
If you fail to respond to our requests to fill in our required forms within 7 working days after booking with us we will make your video design, music and set up based on our conversation and judgement and no refund will be given or complaint accepted.
If during our requests for music to go with your 360 videos you change or make any revisions after this period it needs to be agreed in writing by us first or for any element of any photo booth hire we provide and to any designs requests – no design will be put on the video and a generic song of our choice selected for the videos if no conversation or design work is feasible from you.
It is not our job to chase you to fill in forms – the forms are there to help you you have a great event and hire with us- making it more efficient for you to provide us information.
Provisional Hire Hold Requests-
During the circumstances of quoting if any of The Luxe 360 Photobooth staff- referred to as the supplier under this document agree to provisionally hold a hire date/time/venue for a customer without any deposit monies paid- it will only be held for 72 hours unless agreed in writing with ourselves.
Access, space, location & power requirements:
The Customer will arrange for an appropriate space to be made available for the Photo Booth at the event venue and it is their responibility to sort this out with their respected venue/location. A minimum floor area of 12ft x 12ft is required if it is just the 360 photo booth being hired with NOTHING ELSE.
If you are hiring the 360 Photo Booth with carpets, rails, props, lights etc – which most packages are you will be required to ensure that a 14 ft by 14 ft space is available to us.
The flooring must be straight, dirt free and if outside concrete and waterproof alongside safe for operation of the photobooth. If the floor is not straight your videos will be bent and we will not refund you or be held liable or do any additional editing to fix the videos without charging a surcharge.
The Customer will provide a mains electricity supply comprising a single 13amp socket which is PAT tested and located within the space designated by the Customer for the Photo Booth.
This must not be near busy areas and exits to avoid the 360 Photo Booth arm hitting people.
The 360 Photo Booth or any booth must not be next to a high voltage sound system/speaker system for safety and guidance reasons.
The selfie pods require alot less space at 3 ft by 3ft.
The photo booth machines must be covered from rain/water and or snow and cannot be on wet ground .
If the customer cannot supply the above power socket- they will agree to pay a surcharge to the supplier- The Luxe 360 Booth to cover the cost of a generator for their hire time/and or relevant spacing movement.
If the customer cannot supply any of the above- both space and generator and/or electrical socket then the supplier – The Luxe 360 Booth reserve the right to protect their equipment from damage and to not do any event. In an instance such as this, no refund will be given unless at the discretion of the company’s directors.
If the 360 Photo Booth arm does hit anyone during spinning due to them not listening, being intoxicated, angry, distracted, under the influence of drugs or for any reason not at the fault of the supplier- during any event after a safety spin and when/if/after a warning is done by the booth attendant– the supplier- The Luxe 360 Booth reserve the right to protect their photo booth and equipment by ending the event and no refund shall be given.
Set up & Take down
The company require access to the venue/location 90 minutes before and after your hire time to set up and take down the photo booth and any accessories.
It is the customers responsbility to ensure access is given by the venue and not the companies (Luxe 360 Booth).
If we arrive 90 minutes before and we have no access or the venue/organisor does not know about the hire of the photo booth which delays set up time then this will be taken from your hire time at your own liability and no refund or negative feedback can be left.
Additional time of hire will only be compensated if agreed with us at our discretion.
No refunds will be given in instances such as this.
Parking/Unloading-
The customer might provide a sufficient unloading area and free parking due to the weight of the booth and accessories and to ensure the health and safety of members of the team and the public at the event- specifically for clubs/venues/pubs etc.
This unloading area must be as close as possible to the hire space.
If the unloading area is unsafe and unsuitable or not available or agreed for a venue/location/with the venue this will add on set up time- we will not charge additionally for this like other companies but ask you to ensure we are given additional set up time with your venue- this is for you to sort out as your agreement is with the venue, not us.
If we get to the venue and the area you want your 360 Photo Booth to be put is not ready or available this will come out of your hire time if set up can not be made in time due to this and no monies will be returned.
If we get to the venue and there is not an electrical socket or anything we have pre-warned prior that is required- you will lose event hire time while you sort this out and we are waiting- no refunds or extra time is to be given unless agreed by us.
If there is no parking at the venue or unloading area/venue and it is deemed insufficient by us and we have to pay to park and unload then this cost will fall on you as the customer- we will provide you with parking receipts for this but this will need to be paid before your hire will start.
Alcohol and Drugs
If any guests shows any signs of alcohol or drug intoxication due to recent incidents of people falling off the machine, not being able to stand up or leaning on each other and pushing each off the machine which poses a health and safety risk to themselves, others and our equipment to avoid any collisions and damages being billed to you we reserve the right to assess on a case by case basis at our discretion if any guests are intoxicated.
If we feel any guest is intoxicated from drugs or alcohol we reserve the right to ask them to do a breathalyser test which we carry with us.
If they fail the test or refuse to do it they will be asked to leave and not able to use the photo booth machine(s) for the portion of hire for their safety and to avoid damages/bills to you the hirer.
Under no circumstances will aggression, arguments or abuse about this be tolerated or accepted and no refunds will be given.
In line with UK Law all guests should DrinkAware as per the UK’s DrinkAware website.
Our Insurance & Terms-
The Luxe 360 is fully insured with Hencilla Canworth GI Ltd & Sharrocks directly but is not liable for any illness, loss, damages or injuries contracted/suffered/experienced during set up or use of the 360 Photo Booth experience by what we deem at our discretion as negligence or malicious damage.
Agreed Arrangements for Hire-
You- the customer hiring the Photo Booth- must ensure adequate space is made available for the booth with the venue/location you want the 360 Photo Booth Experience at and unless agreed to have a electrical power generator with us before hand – and then the following rules apply-
(1) At least one electrical point is made available for us for the 360 Photo Booth unless agreed otherwise. If this is not done but has been mentioned/or agreed and you cannot find a electrical point without notifying us in advance and we get to the event and have to use our own generator a surcharge will apply to cover the extra set up and admin time or you will lose the time out of your own hire time.
(2) If this or any of our terms is not complied with and we arrive at the venue we reserve the right to refuse to do the event to protect the safety and operation of our 360 photo booth and any monies paid will not be refunded.
We will always try and work things out with you as the hirer/customer first but if not feasible we will not be able to do the event.
(3) You must ensure that the 360 Photo Booth experience is not on purpose or due to poor planning from you the customer- put into a location where fire exits/main bars -where queues occur/entrances where the 360 arm could hit people and any other busy areas- this is just to avoid the 360 booth hitting people on rotation and damaging the 360 Photo Booth. This is also to ensure that any 360 photo experience queues are safe and not in breach of any health and safety rules. This is also to potentially avoid any injury to any guests at your events.
If at any event we arrive and despite you signing this agreement this is not complied with or made appropriately available in the space given we reserve the right to refuse to do the event to protect the safety and operation of our 360 Photo Booth Experience. In instances this occurs no refund of any monies will be given due to the loss of time suffered by us.
(4) If you do not listen/your guests/your children or your guest’s children on hire or you and they do not follow the rules we advise when using the 360 Photo Booth we will not accept liability in any manner if injury occurs or damage to the venue/loss and no claim can be made on our insurance. We also reserve the right to stop the event or pause the time at your loss with no refund being given to protect our equipment without refunding any monies.
(5) If any of your guests including children during hire do not listen to our safety instructions and the 360 Photo Booth arm hits them – we will stop the event to protect our machine from damage, protect any member of the public from further injury/issues and you will not be refunded any monies in this instance.
(6) If a child or adult or guest at your event is unsupervised or supervised by you and causes damage to any equipment or accessories or property you are liable to pay for any damages.
(7) If we arrive at an event and you have not sorted out the space for us to use with the venue and venue’s consent-we reserve the right to make this go into your hire time while we wait for the go ahead on where to unload due us asking in this form that you have space required sorted and planned. In this instance no complaints/refunds will be accepted and we are not liable.
(8) If any of your guests or you or unsupervised children damage any part of the 360 Photobooth and/or accessories belonging to us – the event will be stopped until any damages are paid for. In this instance no refund or liability falls with us.
All edits and photos as mentioned later in our terms remain property of The Luxe 360 Photography/Videos are permitted to be used for advertisement purposes such as (but not limited to) Facebook, Instagram, private party messaging, business cards and brochures unless specifically requested by yourselves with us into of which you will need to contact us to pay a surcharge for full copyright ownership. This includes images of children under 18 years old.
No images taken by The Luxe 360 will be edited in any way by you the client without our authorisation.
All bookings are non-refundable once booked due to the time slot being blocked off our availability calendar and you will only be refunded if we cannot make the event/or there is a 360 photo booth technical issue which stops the event from going ahead. Any other refund requests will be considered individually at our discretion. In the instance of a technical issue with the booth a re-book date will be agreed with you on another 360 photo booth as our insurance cover this- this will be agreed before any refund.
Any damages/losses/thefts caused to the 360 photo booth, the props or equipment will be charged to you if it happens at fault of your guests or you. If you fail to pay us any monies owed for damages we reserve the right to take further legal action against you including small claims court.
For all weddings and large events of over 50 guests- a £150 refundable damage deposit is required. This damage deposit will be returned to you within 24-48 hours once the event is over and we can check no props have been stolen/lost/damaged and 360 Photo Booth equipment is also not stolen/lost/damaged.
Stairs/2nd Floor and higher floor Venues for Hire-
If the space you want to put our photobooth for hire in is outside or on a 2nd floor or higher -due to the Photobooths weight being an excessively heavy amount of kilograms – therefore if there are any excessive amount of stairs at your event which do not have a lift or will require 2-3 staff members to lift the 360 Photo Booth then applicable charges for additional staff to cover this will apply.
Wifi for sharing 360 photo and videos
We will have our own wifi – via mobile hotspot and wifi hotspot box that is portable. If your venue has Wifi please let us know as well as this will make the sharing faster.
If however your venue has a signal blackspot or very weak internet/data signal or does not gain a strong signal it will mean that we can do the event but the videos will need to be sent to a dropbox/google drive/fotoshare link or relevant file sharing website the next day to you or when internet is available to us.
Date changes & cancellations
Any change of date is subject to the availability of a Photo Booth on the alternative date requested and is at the discretion of The Luxe 360 Booth.
Any request to alter the agreed date of a Photo Booth booking must be made in writing and at least thirty days prior to the Customer’s event.
No refunds are given after booking if you wish to cancel unless agreed with us as we pay for a designer, staff, insurance and close off the date from other bookings so suffer a loss avoiding and rejecting other bookings we take on this date.
Loss or damage to the Supplier’s equipment
The Customer assumes complete responsibility for any loss of or damage to the Supplier’s equipment (other than fair wear and tear which will be defined by the supplier and/or their insurer) caused by any misuse of the equipment by the Customer, their employees or their guests.
The Customer shall be responsible for any loss of or damage to the Supplier’s equipment caused by Theft , Fire, Flood or Accidental Damage.
If the customer’s guests damage any of our equipment or accessories or staff equipment/accessories or company vehicles the customer will be liable – even for their guests. It is the customers duty to retrieve any monies from ther guests and they take lead responsibiity for the booking.
If any photobooths or accessories such as lighting or other equipment are damaged by your guest not following our rules, terms and conditions and this rental agreement we will send you a bill after the event for damages for you to pay.
You will have 14 days to pay and your footage will be held until payment is made.
If you fail to make payment we will issue legal proceedings against you.
Indemnification
The Customer agrees to, and understands the following:
a) The Customer will indemnify the Supplier against any and all liability related to the Customer’s Event and use of the Supplier’s equipment .
b) The Customer will indemnify the Supplier 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 .
The Customer agrees to, and understands the following in regards to Photo & Video usage/copyright:
All persons using the Photo Booth at the Customer’s Event hereby give to The Luxe 360 Booth the right and permission to copyright and to reproduce or otherwise use any photographic portraits or pictures 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, social media, website usage, trade, or for any other purpose.
In addition, the Customer, hereby releases, discharges and agrees to maintain The Luxe 360 Photobooths free from any liability arising out of the taking of said picture or any subsequent processing or publication thereof including, without limitation, any claims for libel or invasion of privacy.
Staff Treatment –
We will not tolerate any abuse or threatening behaviour to any of our team or staff or abuse of our Equipment. If this occurs, We retain the right to terminate our services immediately.
This applies equally to You, the Client, and your guests.
We may also terminate our services where our staff or team feel any Equipment belonging to Us is in danger or has been damaged due to the actions or unruly behaviour by You or your guests.
Wherever possible and reasonable to do so- we will speak with You or the venue first to try to resolve the matter before any termination is enacted.
If We do terminate our services, for any reason, the full cost of our services and the full cost of hire of our Equipment will remain due and we will not issue any refunds for any period that our service or hire of Equipment was not provided.
Moreover, You the Client will be responsible for any damages caused by you or your guests or other attendees at the event to Us for any damage to our Equipment, howsoever caused.
Weather Conditions
If on the day of your booking there is extreme or poor wet/snow/storm weather conditions as judged by us and we can not do the event for the safety and protection of ourselves and our staff we reserve the right to cancel the event and not offer a refund but an alternative date instead or an alternative machine if agreed/where applicable.
We also reserve the right to ask you to move us indoors and if this cannot be done then the event will be cancelled with no refund given unless at our discretion.
The indoor area you move us to must be suitable in line with this rental agreement.
Outside Requests of usage of our Photo Booths or accessories
The usage of our photo booths or accessories outside must be agreed with us prior to any booking and must NOT be assumed.
The area must be level, water free, covered from rain/snow/adverse weather conditions and not cause any harm/damage or issues to our machinery or equipment including on the ground (ie if it has rained 24 hours before).
The ground must have suitable protection for our machine and the machine’s arm/lighting and accessories with a minimum 7 foot by 7 foot space.
If you agree to sort out a venue but we go there and the outside area is not suitable we reserve the right to protect our equipment and not do the event (cancel) – in instances such as this liability will fall with yourselves and no refund will be given.
If during the outside usage of our machinery weather conditions get worse or are un-protected or become un-protected we reserve the right to cancel the event.
If bad weather such as rain is predicted outside or it appears to look like it will rain the same terms above will apply and we will not do the event until the machine can be safely protected. A open protection or gazebo is not acceptable protection – it must be a closed area/gazebo where no water can get in from rain or snow or any other weather on the machine.
If you fail to honour this or meet this term or we are met with resistance and arguments we reserve the right to cancel the event with no refund and/or any delay will go into your hire time.
Unforeseeable Circumstances
The company – Luxe 360 Booth cannot be held responsible for any unforeseen circumstances that may stop them from attending your event. These include but are not limited to severe weather conditions, traffic delays, breakdown of company vehicles, sickness and/or equipment failure. If the company cannot attend or fulfil the client’s hire due to events beyond the companies control they will contact you or the venue as soon as possible. In instances such as this no refund will be given but an alternative date of hire maybe offered.
Outside Photography/Videography
If you hire a Photographer/Videographer at your event and they are not one of our in house photographers or videographers- we will kindly ask them to stop recording as they do not have our permission to do so at our discretion and they must respect this. This is to protect the image of our business from any disrepute damages, negligence, personal disputes copyright and/or illegal use from other photo booth companies who may intercept the footage/view the footage and as we do not know in what context the footage will be used in. This is also as some of our photo booth machines are copyrighted patented and manufactured by us with unique elements as well.
If we allow such photography/videography to be agreed we require copies of any such footage within 24 hours and reserve the right to use the footage as our own on social media or our website/adverts.
If no footage is sent to us a £200 protection claus payment needs to be sent to us to cover additional photography and damages which may arise.
Miscellaneous terms
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 Supplier and the Customer relating to the subject matter herein and shall not be modified except as agreed in writing by both parties.
In the unlikely event that it is not possible, other than for reasons beyond the Supplier’s control, to provide an operational Photo Booth for at least 80% of the agreed service period, the Supplier shall make a refund to the Customer calculated pro rata from the total charge made for the agreed service period.
If no service is received, the Supplier’s maximum liability will be the return of all payments received from the Customer. The Supplier is not responsible for any consequential damages or lost opportunities upon breach of this agreement.
Digital Copies Storage Times
Digital copies of the images taken on the date of your event will be stored on our system for a maximum of 2 weeks after the event. You have the opportunity within this timeframe to request the digital copies at an additional charge. After these 2 weeks, all digital copies will be deleted and destroyed. This is not subject to any images posted on social media previously.
Behind the scenes photos/videos/montage videos
Photographs and/or videos may be taken during the operation of the company for use in event publicity and promotional materials for The Luxe 360 Booth.
The company retains all copyright of photographs taken at the photobooth and videos and creates videos at our discretion.
Audio Guestbook
The Audio Guestbook must not be put in water or put to a powerbank to power the unit itself.
The guestbook needs to be put in a quiet location to ensure there is no feedback on recordings and guests must follow the instructions provided.
If your guests slam the phone receiver down or mess around with the phone during recordings we will edit out any recordings for you but cannot be liable for interference on recordings.
The same applicable terms apply to the guestbook with set up.
LCD Video Selfie Pod
The LCD Video Selfie Pod requires a minimum of 6 foot by 6 foot space and you must provide music, lcd screen video, 3 photo collage design and GIF design alongside welcome screen instructions.
The LCD must not get wet or be put in conditions at risk of rain/snow/damage to the machine and the same terms apply as per above.
The LCD video selfie pod must be put in a level floor where it is free of risk of damage.
Corporate Events
We reserve the right to use corporate entities logos on our corporate client page on our homepage of our website/social media to help build our portfolio up.
Limitations
In no event shall the company or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on the company website.