GOPARTY PHOTO BOOTHS SERVICE CONTRACT – TERMS OF SERVICE
This contract sets forth the agreement between 85 Business Solutions Limited, trading as GOPARTY PHOTO BOOTHS (“the Provider”), and you, the CLIENT, for photo booth services. This written contract constitutes the entire understanding between the parties and supersedes all other agreements, whether written or oral.
SERVICE
The Provider will arrive approximately 30-60 minutes before your requested start time on the date of your rental. If the Client requires the Provider to arrive earlier, a fee of $75 per hour (non-operational rate) will apply. The Provider agrees to have the photo booth operational for at least 85% of the rental period. Occasional interruptions may occur for maintenance (e.g., adjusting the camera, printer, or lighting) to ensure quality service.
ACCESS, SPACE, AND POWER
The Client is responsible for arranging access to the event space and providing any necessary tickets, badges, or other items required for entry at their own expense. The Client must also provide an appropriate space for the photo booth at the venue. The required space is 3m deep x 3m wide x 2m high. The Client is responsible for ensuring power is available for the photo booth and lights. If the booth is outdoors, the Client must provide complete overhead coverage for the booth and backdrop for the event’s duration.
PAYMENT TERMS
The service fee is outlined in the Client’s invoice and covers only the items and services listed. No additional services will be provided outside of what is detailed in the invoice. The Provider is not obligated to perform services until the Client has paid the service fee in full, along with any applicable deposit. Payment confirms acceptance of this agreement. The deposit will be returned to the Client within 5 working days after the event.
DEPOSIT AND PAYMENT TERMS
Service Fee: The service fee for the photo booth services will be specified in the Client’s invoice. The service fee covers only the items and services outlined in the invoice. No additional services will be provided outside of those detailed in the invoice.
Deposit:
Amount: To secure the booking, a non-refundable deposit is required. The deposit amount will be specified in the invoice and is due upon signing the contract.
Payment: The deposit must be paid as per the payment instructions provided in the invoice. This confirms the Client’s agreement to the terms and conditions of the contract and secures the Provider’s services for the event date.
Refund: The deposit is non-refundable in all cases, including but not limited to cancellation, change of date, or any other alterations to the original booking.
Post-Event: The deposit, less any applicable deductions for damages or additional charges incurred, will be returned to the Client within 5 working days after the event, provided that all terms of this agreement have been met and no further charges are outstanding.
Full Payment:
Due Date: The full service fee, minus the deposit, must be paid in full before the event date as specified in the invoice. The Provider is not obligated to perform any services until the total payment is received.
Non-Refundable: All payments made, including the deposit, are non-refundable once the booking is confirmed, regardless of changes to or cancellation of the event.
Late Payment:
Penalties: If full payment is not received by the due date, the Provider reserves the right to cancel the booking and retain the deposit. The Provider may also charge additional fees for late payment, as specified in the invoice.
Additional Charges:
Extra Costs: Any additional costs incurred during the event, including but not limited to extra time, additional equipment, or damages, will be billed to the Client. These charges will be deducted from the deposit if applicable, or invoiced separately.
CHANGE OF DATE
If the Client changes the event date after this Agreement is signed, the Provider will make reasonable efforts to accommodate the new date. If the Provider is unavailable on the new date, the Provider is entitled to retain the deposit or 25% of the total service fee (whichever is higher), and neither party will have further obligations under this Agreement. If the event is rescheduled to the following calendar year, the pricing in effect at that time will apply.
CANCELLATION
If the Client cancels the event or this Agreement, they must notify the Provider in writing at least 72 hours before the scheduled event date. All payments made under this contract, including the deposit, are non-refundable.
DAMAGE TO PROVIDER’S EQUIPMENT
Client Responsibility:
The Client is responsible for any damage or loss to the Provider’s equipment caused by:
a) Misuse by the Client or their guests: Any damage or loss resulting from misuse or mishandling of the equipment by the Client or their guests is the responsibility of the Client.
b) Theft, fire, or other unforeseen disasters: The Client is responsible for damages resulting from theft, fire, or other unforeseen events that are beyond the control of the Provider.
Guest Conduct:
Misuse and Inappropriate Behaviour: The Client must ensure that their guests use the equipment appropriately. The Provider reserves the right to refuse service to any guest displaying inappropriate behaviour or misusing the equipment.
Damage Caused by Guests: If any guest causes damage to the photo booths, the Client will be held responsible for the cost of repairs or replacement. The Provider will assess the extent of the damage and provide a report detailing the necessary repairs. The Client will be invoiced for these costs.
Repair and Replacement Costs:
Assessment: The Provider will inspect and assess theTerms of Service damage caused by guests. If the damage is significant, the Provider may decide to halt the event to prevent further damage.
Charges: The Client will be charged for the cost of repair or replacement of damaged equipment. The Provider reserves the right to deduct these costs from the deposit or invoice the Client separately if the deposit is insufficient to cover the damages.
No Refunds for Damages:
Event Continuation: If significant damage occurs, the Provider may choose to discontinue the service for the remainder of the event. In such cases, no refunds will be issued, and all payments made will be retained for the value of the service provided up to that point.
Liability:
Indemnification: The Client agrees to indemnify the Provider against any claims, damages, or liabilities arising from damage caused by guests to the equipment.
FORCE MAJEURE
Neither party shall be liable for delays or non-performance due to causes beyond their control, including but not limited to wars, pandemics, natural disasters, or other acts of God. In such cases, the Provider retains the option to rebook when the situation normalises.
INDEMNIFICATION
The Client agrees to indemnify the Provider against any liability arising from the Client’s negligence or wilful misconduct related to the event. The Provider agrees to indemnify the Client against any loss or damages arising from the Provider’s negligence or wilful misconduct.
MODEL RELEASE
The Client agrees that all guests using the photo booth grant the Provider permission to use their photos and videos for promotional purposes. The Provider is released from any liability related to the use of these images.
INTERNET ACCESS
If applicable, the Provider’s photo booth requires reliable internet access to send images and videos instantly. If internet access is unavailable, files will be queued and sent once a connection is restored. The Provider is not responsible for internet reliability and will send all digital copies to the Client within seven days of the event if coverage is unavailable.
LIABILITY AND INDEMNITY
The Provider’s maximum liability for any claims is limited to the amount paid by the Client under this Agreement. The Provider shall not be liable for emotional distress, lost profits, or any indirect or consequential damages. The Client agrees to indemnify the Provider against any claims related to the Provider’s events, including damages caused by the actions of the Provider or third parties.
ENTIRE AGREEMENT AND MODIFICATION
This Agreement represents the entire understanding between the parties. Any modifications must be in writing and signed by both parties. This Agreement replaces any prior agreements.
WARRANTY
The Provider warrants that the equipment is in good working condition but makes no further warranties, express or implied.
RIGHTS ON DEFAULT
If the Client defaults under this Agreement, the Provider may take possession of the equipment and hold the Client responsible for any associated costs, including legal fees. The Provider’s rights under this Agreement are cumulative.
RIGHT TO SAFE WORK ENVIRONMENT
The Client is responsible for ensuring a safe work environment for the Provider’s staff, free from hazards, violence, or harassment. If the Provider feels unsafe, they may terminate services and retain all payments.
DISPUTE RESOLUTION
Any disputes arising from this Agreement will be resolved through binding arbitration in New Zealand.
GOVERNING LAW
This Agreement is governed by the laws of New Zealand.
SEVERABILITY
If any part of this Agreement is found invalid or unenforceable, the remaining provisions will remain in effect.
WAIVER
Failure to enforce any part of this Agreement does not waive the right to enforce other provisions.
CONFIDENTIALITY AND DATA PROTECTION
Both parties agree to safeguard any personal data shared under this Agreement and protect it from unauthorized access, loss, or disclosure.
360 PHOTO BOOTH SERVICE CONTRACT SUMMARY
For detailed terms specific to 360 Photo Booth services, including setup, photo sessions, and more, please refer to the full terms of service at https://gopartyphotobooths.co.nz.
By signing, you acknowledge and agree to these terms. The full agreement can be found at https://gopartyphotobooths.co.nz/terms-of-service.