Terms & Conditions

The Picture Booth – Terms and Conditions

1. Definitions and Interpretation

1.1 In these Terms and Conditions, the following words and expressions shall have the following meanings:

“ABP” means Andy Barker Photography, a New Zealand photography company, the parent company of The Picture Booth.

The Picture Booth” means The Picture Booth, a trading name of ABP, providing photo booth rental services.

“Client” means any person, firm or company who enters into a contract with The Picture Booth for the provision of the Services.

Services” means the photo booth rental and any related services provided by The Picture Booth.

“Event” means the event at which The Picture Booth’s Services will be provided.

“Contract” means the agreement between The Picture Booth and the Client for the provision of the Services.

1.2 The headings in these Terms and Conditions are for convenience only and shall not affect their interpretation.

2. The Contract

2.1 The Client’s signature on the Client Contract or any other form of written confirmation of the booking will be deemed as acceptance of these Terms and Conditions.

2.2 The Client Contract will contain specific details regarding the Services to be provided, including the date and duration of the Event, the location, and any additional services or special requirements agreed between the Client and The Picture Booth.

3. Governing Law and Jurisdiction

3.1 The Contract and these Terms and Conditions shall be governed by and construed in accordance with New Zealand law.

3.2 Any disputes arising from or in connection with the Contract and these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts of New Zealand.

4. Changes to the Contract

4.1 Any changes to the Contract must be agreed upon in writing between The Picture Booth and the Client.

4.2 In the event of any changes requested by the Client that result in additional costs, The Picture Booth reserves the right to revise the fees accordingly.

5. Payment and Cancellation

5.1 A non-refundable deposit, as specified in the Client Contract, is required to secure the booking. The remaining balance must be paid no later than 14 days prior to the Event.

5.2 In the event of cancellation by the Client, the following cancellation fees apply:

a) Cancellation more than 30 days prior to the Event: loss of deposit only.

b) Cancellation between 14 and 30 days prior to the Event: 50% of the total fees.

c) Cancellation within 14 days of the Event: 100% of the total fees.

6. Liability and Indemnity

6.1 The Picture Booth and ABP shall not be liable for any indirect, consequential, or special damages arising from the provision of the Services.

6.2 The Client shall indemnify and hold harmless The Picture Booth and ABP against any claims, damages, or expenses resulting from any breach of the Contract by the Client, or any negligent or wrongful acts by the Client or their guests.

7. Intellectual Property

7.1 The Picture Booth and ABP retain all copyright and other intellectual property rights in the photographs, images, and any other materials created during the provision of the Services.

7.2 The Client grants The Picture Booth and ABP permission to use the photographs and images for promotional and marketing purposes, unless explicitly requested otherwise in writing by the Client.

8. Force Majeure

8.1 Neither party shall be liable for any failure to perform its obligations under the Contract if such failure is caused by circumstances beyond its reasonable control, including but not limited to natural disasters, strikes, war, or terrorism.

8.2 In the event of a force majeure event, the affected party shall promptly notify the other party and use reasonable efforts to mitigate the impact of the event.

9. Equipment and Set-up

9.1 The Picture Booth will provide all necessary equipment for the Services as agreed in the Client Contract.

9.2 The Client is responsible for providing a suitable space at the Event location with access to a standard electrical power source for The Picture Booth to set up its equipment.

9.3 The Picture Booth will arrive at the Event location at least one hour prior to the agreed start time to set up its equipment, unless otherwise agreed in writing.

10. Health and Safety

10.1 The Picture Booth will operate its equipment in a safe and responsible manner and will comply with all applicable health and safety regulations.

10.2 The Client is responsible for ensuring that guests at the Event comply with all applicable health and safety regulations and use The Picture Booth’s equipment in a safe and responsible manner.

11. Privacy

11.1 The Picture Booth and ABP will comply with all applicable privacy laws, including the Privacy Act 2020, in relation to the personal information collected during the provision of the Services.

11.2 The Picture Booth and ABP will take reasonable steps to protect the personal information collected from unauthorized access, use, or disclosure.

12. Termination

12.1 The Picture Booth may terminate the Contract immediately upon written notice to the Client if the Client breaches any of its obligations under the Contract.

12.2 In the event of termination by The Picture Booth due to a breach by the Client, the Client shall remain liable for all fees and charges due under the Contract.

13. General

13.1 The Contract, together with these Terms and Conditions, constitutes the entire agreement between the parties and supersedes any prior agreements, understandings, or representations, whether oral or written.

13.2 No waiver of any provision of these Terms and Conditions or the Contract shall be effective unless in writing and signed by the waiving party.

13.3 If any provision of these Terms and Conditions or the Contract is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

13.4 The Client may not assign or transfer its rights or obligations under the Contract without the prior written consent of The Picture Booth.

13.5 Any notices required or permitted to be given under the Contract or these Terms and Conditions shall be in writing and shall be deemed duly given if sent by email or delivered by hand, courier, or registered mail to the addresses specified in the Client Contract.

14. Complaints and Dispute Resolution

14.1 Any complaints or concerns regarding the Services provided by The Picture Booth should be raised in writing within seven (7) days of the Event. The Picture Booth will use reasonable efforts to address and resolve any issues raised by the Client.

14.2 In the event that a dispute arises between the Client and The Picture Booth in connection with the Contract, the parties shall first attempt to resolve the dispute through good faith negotiations. If the dispute cannot be resolved within thirty (30) days of the commencement of negotiations, either party may refer the dispute to mediation in accordance with the Resolution Institute Mediation Rules. If mediation is unsuccessful or not pursued, either party may exercise their rights to seek a resolution through the courts of New Zealand.

15. Amendments

15.1 The Picture Booth reserves the right to amend these Terms and Conditions at any time. The Client will be notified of any amendments prior to the Event, and any such amendments will be binding on the Client.

16. Independent Contractors

16.1 The relationship between the Client and The Picture Booth is that of independent contractors, and nothing in the Contract or these Terms and Conditions shall be construed as creating a partnership, joint venture, or employer-employee relationship between the parties.

17. Severability

17.1 If any provision of these Terms and Conditions or the Contract is determined to be invalid, illegal or unenforceable, it shall not affect the other provisions of these Terms and Conditions or the Contract, and the parties shall use their best efforts to agree upon a valid, legal and enforceable substitute provision that is as similar as possible in intent and effect to the original provision.

18. No Third-Party Beneficiaries

18.1 Except as expressly provided in the Contract or these Terms and Conditions, there shall be no third-party beneficiaries to the Contract, and no person or entity other than the parties hereto shall have any rights or remedies under the Contract.

19. Entire Agreement

19.1 The Contract, including these Terms and Conditions, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings, negotiations and discussions, whether oral or written, between the parties relating to the subject matter hereof.

20. Counterparts

20.1 The Contract and any amendments thereto may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. A signed copy of the Contract or any amendment thereto delivered by facsimile, email, or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original signed copy.

21. Survival

21.1 Any provision of these Terms and Conditions or the Contract which, by its nature, would reasonably be expected to be performed after the termination or expiration of the Contract shall survive and be enforceable after such termination or expiration, including without limitation provisions relating to intellectual property rights, indemnity, limitation of liability, and governing law and jurisdiction.

22. Interpretation

22.1 In the interpretation of these Terms and Conditions and the Contract, unless the context requires otherwise:

a) Words importing the singular include the plural and vice versa;

b) Words importing one gender include all genders;

c) Headings are for convenience only and do not affect the interpretation of these Terms and Conditions or the Contract;

d) Any reference to a party includes that party’s successors and permitted assigns;

e) Any reference to legislation or to a provision of legislation includes a modification or re-enactment of it, a legislative provision substituted for it and a regulation or statutory instrument issued under it.

23. Advice of Counsel

23.1 Each party acknowledges that, in executing the Contract, it has had the opportunity to seek the advice of independent legal counsel and has read and understood all the terms and provisions of these Terms and Conditions and the Contract. No rule of construction shall be applied against any party or drafter in the interpretation of the Contract or these Terms and Conditions.

24. No Setoff

24.1 The Client shall have no right to set off any amounts due or payable to The Picture Booth against any amounts due or payable to the Client under the Contract or any other agreement between the parties.

25. Confidentiality

25.1 Both parties agree to keep any confidential information obtained during the course of their contractual relationship, including but not limited to the terms of the Contract, any business or technical information, trade secrets, or know-how, strictly confidential. This obligation shall continue after the termination or expiration of the Contract.

25.2 Confidential information shall not include any information that:

a) Is or becomes publicly known through no act or omission of the receiving party;

b) Was in the receiving party’s lawful possession prior to the disclosure;

c) Is lawfully disclosed to the receiving party by a third party without restriction on disclosure;

d) Is independently developed by the receiving party without use of or reference to the disclosing party’s confidential information.

26. Insurance

26.1 The Picture Booth shall maintain appropriate insurance policies covering public liability, professional indemnity, and equipment, as required by New Zealand law or industry best practices. The Client may request to view proof of insurance coverage prior to the Event.

27. Client Representations and Warranties

27.1 The Client represents and warrants that:

a) It has the legal capacity and authority to enter into and perform its obligations under the Contract;

b) It will comply with all applicable laws, rules, and regulations in connection with its obligations under the Contract, including obtaining any necessary licenses, permits, or consents required for the Event;

c) It will provide all necessary assistance and cooperation to The Picture Booth in the performance of the Services, including providing access to the Event location, electrical power, and any other facilities or resources required by The Picture Booth.

28. Acknowledgment

28.1 The Client acknowledges that it has read, understood, and agrees to be bound by these Terms and Conditions and the Contract, and has had the opportunity to seek independent legal advice prior to executing the Contract. The Client further acknowledges that any additional services or special requirements not included in the Client Contract may result in additional fees or charges, which will be payable by the Client.

29. Notices

29.1 All notices, requests, consents, and other communications required or permitted under the Contract or these Terms and Conditions shall be in writing and deemed properly given when delivered personally, sent by registered mail or courier with proof of delivery, or sent by email to the email address provided by the respective parties in the Client Contract. Notices sent by email shall be deemed received on the next business day following the day the email was sent, provided that no delivery failure message was received by the sender.

30. Relationship of the Parties

30.1 Nothing in the Contract or these Terms and Conditions shall be construed as creating a partnership, joint venture, agency, or employment relationship between the parties. The Picture Booth and the Client are independent contractors, and neither party has the authority to bind or commit the other party to any obligation or liability without the other party’s prior written consent.

31. Subcontracting

31.1 The Picture Booth may, at its sole discretion, subcontract any portion of the Services to a third party, provided that The Picture Booth remains responsible for the overall performance of the Services in accordance with the terms of the Contract.

32. Waiver

32.1 No failure or delay by either party in exercising any of its rights under the Contract or these Terms and Conditions shall operate as a waiver of that right, nor shall any single or partial exercise of any such right preclude any other or further exercise of that right or the exercise of any other right. Any waiver of a breach of the Contract or these Terms and Conditions must be in writing and signed by the waiving party.

33. Cumulative Remedies

33.1 The rights and remedies provided in the Contract and these Terms and Conditions are cumulative and not exclusive of any other rights or remedies provided by law or otherwise.

34. Assignment

34.1 The Client may not assign, transfer, or delegate any of its rights or obligations under the Contract without the prior written consent of The Picture Booth. The Picture Booth may assign, transfer, or delegate any of its rights or obligations under the Contract to an affiliated company or a third party upon written notice to the Client.

35. Further Assurances

35.1 Each party shall, at its own expense, do and execute, or arrange for the doing and executing of, any further acts and documents as the other party may reasonably require for the purpose of giving full effect to the provisions of the Contract and the rights and obligations of the parties under it.

36. Binding Effect

36.1 The Contract and these Terms and Conditions shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns.

By signing the Client Contract or providing written confirmation of the booking, the Client agrees to be bound by these Terms and Conditions and the Contract, and represents that it has the authority to do so on behalf of any person, company, or organization for which it is acting.

37. Force Majeure

37.1 Neither party shall be liable for any delay or failure to perform its obligations under the Contract if such delay or failure results from a Force Majeure Event. A “Force Majeure Event” shall mean any event or circumstance beyond the reasonable control of a party, including but not limited to acts of God, fire, flood, earthquake, storm, hurricane, other natural disasters, war, invasion, terrorism, strikes, lockouts, or other industrial disputes, civil commotion, or governmental actions.

37.2 In the event of a Force Majeure Event, the affected party shall promptly notify the other party in writing and shall use its best efforts to minimize the impact of the Force Majeure Event on its performance under the Contract. If the Force Majeure Event continues for a period of thirty (30) days or more, either party may terminate the Contract upon written notice to the other party.

38. Governing Law and Jurisdiction

38.1 The Contract and these Terms and Conditions shall be governed by and construed in accordance with the laws of New Zealand. Any disputes arising out of or in connection with the Contract, including any question regarding its existence, validity, or termination, shall be subject to the exclusive jurisdiction of the courts of New Zealand.

39. Marketing and Promotions

39.1 The Client agrees that The Picture Booth may use images taken during the provision of the Services for promotional, advertising, or marketing purposes, including but not limited to use on The Picture Booth’s or ABP’s website, social media platforms, or printed materials, provided that any such use does not infringe on the privacy rights of the Client or any guests at the Event.

39.2 If the Client does not want images taken during the provision of the Services to be used for promotional, advertising, or marketing purposes, the Client must notify The Picture Booth in writing prior to the Event.

40. Good Faith

40.1 Both parties agree to act in good faith in the performance of their obligations under the Contract and to use their best efforts to resolve any disputes that may arise in an amicable and timely manner.

By signing the Client Contract or providing written confirmation of the booking, the Client acknowledges and agrees to be bound by these Terms and Conditions and the Contract, and represents that it has the authority to do so on behalf of any person, company, or organization for which it is acting.

41. Interpretation

41.1 In these Terms and Conditions and the Contract, unless the context requires otherwise:

a) References to statutory provisions, rules, or regulations shall be construed as references to those provisions, rules, or regulations as amended, re-enacted, or replaced from time to time;

b) Any reference to a document includes a reference to that document as modified, novated, supplemented, varied, or replaced from time to time;

c) References to the parties include their respective successors, permitted assigns, and their legal representatives, as applicable.

42. Legal Fees and Costs

42.1 In the event of any dispute arising out of or in connection with the Contract, including any question regarding its existence, validity, or termination, the prevailing party shall be entitled to recover its reasonable legal fees and other costs incurred in resolving or settling the dispute, in addition to any other relief to which it may be entitled.

43. Electronic Signatures

43.1 The parties agree that the Contract may be signed using electronic signatures, and that electronic signatures shall have the same legal effect as original, hand-written signatures. The parties further agree that email or other electronic means of communication may be used to exchange signed copies of the Contract, and that such signed copies shall be considered as originals.

44. Language

44.1 The Contract and all communications between the parties, including any notices or other documents required or permitted to be given under the Contract, shall be in the English language.

45. Headings

45.1 The headings in these Terms and Conditions and the Contract are for convenience only and shall not affect their interpretation.

By signing the Client Contract or providing written confirmation of the booking, the Client acknowledges and agrees to be bound by these Terms and Conditions and the Contract, and represents that it has the authority to do so on behalf of any person, company, or organization for which it is acting.

46. Non-exclusivity

46.1 The Contract is non-exclusive and does not prevent either party from entering into similar agreements with other parties or offering their services to others.

47. Data Protection and Privacy

47.1 Both parties shall comply with all applicable data protection and privacy laws in relation to any personal data processed in connection with the performance of the Contract. The Picture Booth shall process personal data in accordance with its Privacy Policy, which is available upon request.

48. Non-solicitation

48.1 During the term of the Contract and for a period of twelve (12) months following its termination or expiration, the Client shall not directly or indirectly solicit or induce any employee, agent, or subcontractor of The Picture Booth to terminate their engagement with The Picture Booth or to provide services to the Client or any third party, whether as an employee, agent, subcontractor, or otherwise.

49. Rights Cumulative

49.1 All rights and remedies provided in the Contract and these Terms and Conditions are cumulative and not exclusive of any other rights or remedies provided by law or otherwise.

50. Counterparts

50.1 The Contract may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. A signed copy of the Contract delivered by facsimile, email, or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original signed copy of the Contract.

By signing the Client Contract or providing written confirmation of the booking, the Client acknowledges and agrees to be bound by these Terms and Conditions and the Contract and represents that it has the authority to do so on behalf of any person, company, or organization for which it is acting.

51. Severability

51.1 If any provision of the Contract or these Terms and Conditions is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be deemed modified to the extent necessary to render it enforceable, or if not possible, it shall be severed from the Contract, and the remaining provisions shall remain in full force and effect.

52. No Third-Party Beneficiaries

52.1 The Contract and these Terms and Conditions are for the sole benefit of the parties and their respective successors and permitted assigns, and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of the Contract or these Terms and Conditions.

53. Entire Agreement

53.1 The Contract, including these Terms and Conditions, constitutes the entire agreement between the parties and supersedes all prior and contemporaneous agreements, proposals, negotiations, representations, or communications relating to the subject matter of the Contract. No amendment, alteration, or modification of the Contract or these Terms and Conditions shall be binding unless it is in writing and signed by both parties.

By signing the Client Contract or providing written confirmation of the booking, the Client acknowledges and agrees to be bound by these Terms and Conditions and the Contract, and represents that it has the authority to do so on behalf of any person, company, or organization for which it is acting.