1. Definitions
For the purpose of this Agreement, the following words shall have the following meanings: “Booking Fee” means the booking fee specified on the Booking Form and Quote; “Booking Form” refers to the form you are detailing the Retro Photo Booth and/or products which you wish to hire and the Hire Period and shall include the Online Booking Form contained on our website or any signed and printed version of this form.
“Retro Photo Booth”, “us”, “we”, “our” means “Wise Up Events Limited. Wise Up Events Limited is a limited liability company registered in New Zealand. Our NZBN is 9429049576962 and our address is 12C Bellcroft Place, Belmont, Auckland 0622.
“Force Majeure” means any event which is beyond the reasonable control of Provider which shall include, without limitation, acts of God, governmental actions, fire, death, illness or other capacity certified by a properly qualified medical practitioner, war or national emergency, acts of terrorism, protests, riot, civil commotion, explosion, extreme weather conditions, flood, epidemic, lockdowns, strikes or other labour disputes or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials.
“Photo Album” means the photo album that we compile at the event for the Client. “Client”, “you”, “your” and “yours” are references to you the person or organisation hiring Retro Photo Booth.
“Hire Agreement” is a reference to these Terms and Conditions, any Booking Form and payment instructions provided to you. “Hire Charge” is a reference to the charge we make for the hire of the Retro Photo Booth and/or Products to you and which is detailed in any quote we may provide to you. “Hire Period” is a reference to the period which you have agreed to hire the Retro Photo Booth and/or Products and which is specified on the Online Booking Form or a Quote. “Retro Photo Booth” means the Retro Photo Booth which we have agreed to hire to you in accordance with these Terms and Conditions.
“Products” refers to all products shown on our website or communications
“Quote” means the quotation document for Corporate and Private events issued to the Client which details the Retro Photo Booth and/or Products to be hired and the Hire Period. “Terms and Conditions” means the terms and conditions of hire of the Retro Photo Booth and/or Products as set out in this document.
2. Agreement to Online Terms and Conditions
2.1 When hiring a Retro Photo Booth or any of our Products from us you do so in accordance with this Hire Agreement you are deemed to have accepted the Hire Charge for the hire of the Retro Photo Booth, and other terms such as delivery, which have been quoted to you at the time of placing your order.
2.2 All Products shown on our website are subject to availability according to embedded calendar which shows availability of booking. The images of the Products on our website are for illustrative purposes only and may vary slightly from
those images.
2.3 Any contract for the hire of the Retro Photo Booth is between you and Retro Photo Booth.
2.4 These Terms and Conditions will remain in place on the website and can be accessed by you at any time. The Terms and Conditions displayed on the website
at the time of booking your event shall apply to your booking. We reserve the right to amend or update our Terms and Conditions at any time and any subsequent
bookings made by you shall be governed by such terms. We reserve the right to alter our pricing on our literature and website at any time without prior warning but
this will not affect bookings which have been confirmed by us.
3. Making a Booking
3.1 Booking Form
3.1.1 Once you have filled out the Booking Form with respect to your hire requirements, you will receive an email from us acknowledging that we have agreed
your details. This will include the final full cost or it will be featured on your email. A contract between us will only be formed once we confirm receipt of
your Booking Fee for hire of the Product on the requested date. If a Product is no longer available for hire we will inform you of this by email and your order will not be processed, or if a payment was taken you will be refunded for the full amount.
3.1.2 All bookings must be confirmed using our Booking Form and payments made online. Particular care must be taken when completing the Online Booking Form as
changes may only be made in writing and with our consent. All details stated on the Booking Form will be accepted by us as correct including spelling, punctuation and grammar, unless you notify us otherwise in writing. Any costs that we incur as a result of relying on incorrect information supplied by you must be reimbursed by
you.
3.2 Payment
3.2.1 In order to secure your booking a Booking Fee of NZD100 must be paid. The Booking Fee covers any administration costs and secures the services of
Retro Photo Booth. The Booking Fee is non-refundable. Reservations are made on a strictly first come, first served basis. Dates will only be secured upon receipt of the
Booking Fee and Booking Form.
3.2.2 Following payment of the Booking Fee, the balance of the Hire Charge must be paid in advance of the Hire Term (7 days prior to the event). Failure to pay the balance by the due date could result in the cancellation of your order. Payment for additional services and products are to be made at the time of ordering.
3.2.3 You are not entitled to a refund of any part of the Hire Charge where the Hire Period has ended early due to the Photo Booth being damaged, lost or stolen
during the Hire Period or any breach by you of these Terms and Conditions.
3.3 Cancellation
3.3.1 In the event that you decide to cancel your booking you must notify us immediately in writing. A cancellation fee will be payable calculated based on the
period of notice you have given us. These are detailed below:
Cancellation Fees
More than 30 days before the Hire Period commences: Full deposit will be retained
Less than 30 days (but more than 14 days) before the Hire Period commences:
50% of the total Hire Charge. Less than 14 days (but more than 7 days) before the Hire Period commences: 75% of the total Hire Charge
Less than 7 days before the Hire Period commences: 100% of the total Hire Charge
3.3.2 The applicable cancellation fee will be deducted from the total amount of fees already paid and the balance shall be refunded to you within 30 days of receipt of your cancellation notice.
3.3.3 At your option and provided you give us more than 30 days’ notice of cancellation, you may cancel the booking and request that the Booking Fee is
transferred to an alternative booking, providing we are available. In such cases the cancellation fee shall be reduced to NZD$50.
3.3.4 We reserve the right to cancel your booking without liability to you and without any obligation to refund your Booking Fee if:
• You do not pay us the balance of your Hire Charge by the date due for such payment
• We have reasonable grounds to believe that you may not pay us the balance of your Hire Charge by the due date and we have requested you to explain the
position and you have not done so satisfactorily
• We discover, before you have paid the balance of your Hire Charge, that you have deliberately concealed information, or deliberately given us incorrect
information, about your booking in circumstances where (if you had not done so) it would have been reasonably foreseeable that we would not have accepted your
booking
3.3.5 If we cancel your booking under any of the circumstances above, the cancellation fees set out in the table above shall apply.
4. Basis of Hire
4.1 Retro Photo Booths or Products hired from us are not intended for your commercial use (apart from promotions) and must only be used in accordance with these Terms and Conditions.
4.2 The Hire Period for the Photo Booth and our Products is for the period specified on the Booking Form only. This Hire Agreement is not covered by any other Acts.
4.3 The Hire Period shall commence and end on the dates specified on the Booking Form. No extension to the Hire Period is permitted without our express written
consent and receipt by us of the appropriate charge.
4.4 Wise Up Events Limited will recover with prior agreement the cost of accommodation expenses and petrol where the event is out of Auckland region from our
business address 3/12 Bellcroft Place, Belmont, Auckland 0622. Travel will be charged at NZD$1 per kilometre. It may be necessary with prior agreement to travel on the evening prior to the event to avoid traffic and other problems. Also it may be necessary to stay overnight where an event runs late. The cost of accommodation and any other additional charges incurred shall be recovered from the customer with regards to late and distant events.
4.5 Wise Up Events Limited will arrive to set up approximately 1.5 hours before the hire period is due to commence. If you require the Photo Booth to be set up earlier than
this, an idle time charge applies in agreed by both sides cases. The idle time charge is NZD$50 per hour. It is up to you to ensure that the venue agrees to Retro Photo Booth being in attendance at the agreed time. We will be happy to liaise with the venue to assist, if requested.
4.6 If we are unable to install the Retro Photo Booth on time due to access restrictions the Hire Period will remain unchanged. If your event simply starts late or runs late, the Hire Period will remain unchanged unless we agree to provide additional hours or to simply delay our planned start.
4.7 We will endeavour to attend any event that you have hired our Product for. Where circumstances make this impossible due to, but not limited to adverse
weather conditions, we will contact you as early as possible and a full refund will be made. We reserve the right to cancel any Booking because of adverse weather
conditions.
4.8 We will always try to arrive at the venue location which you provide for the agreed time. Where circumstances make this difficult due to severe traffic delays or vehicle breakdowns, we will extend the time of the hire so that the hire period is the same with respect to the Booking made by you. If this is not possible we will refund you accordingly the amount of time delayed by and in proportion to the amount paid.
5. Installation and Use of the Retro Photo Booth
5.1 Wise Up Events Limited requires a minimum of 1.5 hours to set up and test the Photo Booth correctly. If you require the Photo Booth to be set up in a shorter period then
we cannot be held responsible if it is not set up correctly or ready on time. It is up to you to ensure that all appropriate consents and approvals have been obtained to ensure that Retro Photo Booth are permitted access to install the Retro Photo Booth at the requested location. Retro Photo Booth cannot be held responsible if for any of the above reasons, we cannot deliver the Retro Photo Booth on time for your event.
5.2 You are responsible for providing the correct address for the venue and checking that the venue allows reasonable access for loading and unloading, as well as suitable parking once the Photo Booth and equipment have been unloaded.
5.3 You will acquire permission from the event venue and arrange for an appropriate space for the Retro Photo Booth. You must ensure that the space provided
for the Retro Photo Booth is suitable. Retro Photo Booth requires a space at least 2.5 metre width x 3 metres length, 2.5m height. If you are unsure about space restrictions at your venue for any of our Products, please contact us and we will be happy to advise you.
5.4 You are responsible for ensuring a mains electricity supply comprising of a single 240V, 3 prong outlet is located within the space designated for the Retro Photo Booth.
5.5 All technical issues or other problems concerning the Retro Photo Booth which cannot be resolved by the Client must be reported to Retro Photo Booth as soon as possible in order to provide us with an opportunity to remedy the problem.
5.6 Wise Up Events Limited agrees to have a Retro Photo Booth operational for a minimum of 80% during the Hire Period as operations may need to be interrupted for servicing
of the Retro Photo Booth.
5.7 If the Retro Photo Booth is out of use for more than 20% of the Hire Period due to technical difficulties, we shall refund the customer accordingly to the amount of time
that the booth is not in operation and in proportion to the amount paid for the hours of hire.
5.8 Some features require an internet connection which it shall be your responsibility to provide. A minimum upload speed of 1Mbps is required. Where we supply a 3G connection the speed of connection will be dependent upon the ultimate service provider and we cannot be held liable for any delays in connection or connection failures as a result of using a 3G.
5.9 Where you have purchased a Guest Book as part of your package or as an additional add-on, it is not our responsibility if any pictures are not placed in the
Guest Book. Any damage to the Guest Book during the event is not our responsibility.
5.10 All prop boxes purchased as part of your package or as add-ons are set and themed but items may vary.
5.11 We cannot be held responsible for the number of times the Photo Booth, the social features are used or prints made. In this instance no financial reimbursement
shall be given.
6. Risk and Ownership of the Retro Photo Booth
6.1 Full ownership in the Retro Photo Booth shall remain fully vested in us at all times. You have no right, title or interest in the Photo Booth other than that you are entitled to hire the Photo Booth for the Hire Period.
6.2 You hereby indemnify us against any losses, costs, damages or expenses that we may reasonably incur as a result of your breach of any of these Terms and
Conditions and any loss or damage caused to the Retro Photo Booth.
7. Staff
7.1 Staff supplied by Wise Up Events Limited are for the sole purpose of providing technical support, hosting (which shall include management of operating the Retro Photo Booth and people using the Photo Booth and management of the Guest Book) and on-site picture editing assistance. As agreed with the Hirer prior to the start of the Hire Term, where staff are supplied by Wise Up Events Limited you must ensure that a minimum 30 minute break (taken at a mutually convenient point) is given to the operator for Hire Periods longer than 4 hours. Retro Photo Booth staff should not be requested to undertake any additional function without first obtaining our consent.
7.2 Food and beverages must be provided to all Retro Photo Booth staff where attendance is over 3 hrs.
8. Termination of Hire
8.1 Wise Up Events Limited will not tolerate any abuse or threatening behaviour to any of our staff or abuse of the Retro Photo Booth or equipment. If this occurs Wise Up Events Limited retain the right to terminate the hire immediately. This applies equally to you and your guests. Wise Up Events Limited may terminate the hire in cases where our staff are of the reasonable view that the equipment belonging to Wise Up Events Limited is in danger of being damaged or has been damaged due to the actions or unruly behaviour of the people using the Retro Photo Booth. 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, for any reason, the full Hire Charge will remain due and we will not issue any refunds for any period of hire not provided. Moreover, you will be fully responsible for any damages caused by you or your guests or other attendees at the event to the Retro Photo Booth and or equipment howsoever caused, with the sole exclusion of damage caused by Wise Up Events Limited staff. You will be invoiced for the replacement of any damaged or broken parts including the cost of labour.
8.2 We also reserve the right 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.
8.3 We shall also be entitled to terminate the hire immediately where we have reasonable grounds to believe that you have acted in breach of this Hire Agreement.
9. Photograph Usage and Ownership
9.1 Copyright
The Copyright Design & Patents Act assigns copyright of photographs/digital images to Retro Photo Booth. It is contrary to the act to copy or allow to be copied photographs captured by Retro Photo Booth by any means.
9.2 Digital Files
All digital files remain the property of Retro Photo Booth unless copyright has been purchased by the client for personal use only.
9.3 Use of Photos
You agree that all pictures taken in by Retro Photo Booth may be uploaded to a digital cloud for you to view and download post event, unless otherwise stated by you. Photos taken in the Retro Photo Booth during the event will only be used by us to assist with promotion of Retro Photo Booth if agreed with you. This may include printed matter as well as online images. If you choose to have the Facebook or Twitter upload option, you take responsibility for permitting all users to upload any picture to their own Facebook or Twitter page. Retro Photo Booth cannot be held responsible for the content of these pictures. We will not use any pictures that we think may cause offence or embarrassment to the people in the picture. We will remove any picture from our website/social media if requested to do so.
9.4 Supplied Prints, Albums and Merchandise
Retro Photo Booth takes the utmost care whilst producing supplied prints, albums and other merchandise purchased through our website. Our Products are subject to
rigorous quality inspections and are dispatched in perfect condition. On receiving our Product(s) the customer will have 7 working days to report any fault or problem
due to shipping or handling to Retro Photo Booth. Retro Photo Booth will rectify any fault free of charge during this time period. Faults reported outside 7 working days
will be subject to costs.
10. Limitation of Liability
10.1 We disclaim any and all liability to you for the supply of the Retro 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.
10.2 We shall not be held liable for any failure or delay in performing the service and hiring the Retro Photo Photo Booth where such failure arises as a result of a Force Majeure event. In such circumstances our liability shall be limited to a pro rata refund of the deposit where applicable.
10.3 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 the Retro Photo Booth. We do not make any representation or guarantee that use of the Retro Photo Booth in any promotional context will generate revenue or customers for you or your business.
10.4 Our total liability to you in respect of all other losses arising under or in connection with this Agreement, whether in contract, negligence, breach of
statutory duty, or otherwise, shall in no circumstances exceed the hire price of the Products. Except as expressly stated in these Terms, we do not give any
representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into
these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the
Products are suitable for your purposes.
10.5 We shall not be liable for any misrepresentations other than fraudulent misrepresentations.
10.6 Nothing in this Hire Agreement shall limit our liability for personal injury or death arising as a direct result of our negligence.
11. General
11.1 We may subcontract any part or parts of the services that we provide to you from time to time and we may assign or novate any part or parts of our rights under
these Terms and Conditions without your consent or any requirement to notify you.
11.2 We may alter or vary the Terms and Conditions at any time without notice to you.
11.3 The Hire Agreement constitutes the entire agreement between you and us. No other terms whether expressed or implied shall form part of this contract. In the
event of any conflict between the Hire Agreement and any other term or provision, this Hire Agreement shall prevail.
11.4 If any term or condition of the Hire Agreement or these Terms and Conditions shall be deemed invalid, illegal or unenforceable, the parties hereby agree that such
term or condition shall be deemed to be deleted and the remainder of the terms shall continue in force without such term or condition.
11.5 This Hire Agreement shall be governed by and construed in accordance with the laws of New Zealand. The parties hereto submit to the exclusive jurisdiction of the courts of New Zealand.
11.6 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.