Terms and conditions

The Company will provide the service selected by the Client for the event specified in the booking confirmation.

Event location, date and time, service and package: as recorded in the booking confirmation.

This Contract starts on the effective date recorded in the booking confirmation and ends at the agreed event end date and time. The parties can extend or renew the Contract in writing.

The Client will pay the Company the total amount shown in the booking confirmation, including taxes. A non-refundable retainer fee is due at booking, and the remaining balance is due 14 days before the event. Payments for extra services will be charged at the hourly rate.

3.1 Service Fee Summary: The Service Fee includes the services described above and applicable taxes. No reduction in services is allowed after signing the Agreement. Additional services will be charged accordingly.

3.2 Accounts: The Client is responsible for any fees or costs in collecting overdue payments. If the Client fails to pay, the Company can terminate the Agreement and keep the retainer fee.

3.3 Initial Payment/Retainer and Cancellation: A 50% initial retainer payment is required to secure the booking. This payment is non-refundable.

3.4 Regional Travel Fee: Travel within a 10 km radius of our base is included at no extra charge. Beyond this, travel is charged per kilometre. Your quote confirms the travel charge for your venue.

3.5 Long Distance Travel: The Client will pay for additional expenses such as airline, hotel, car rental, and $50 per diem, if applicable.

4.1 Postponements/Date Change: If the event is postponed, the Company will keep all funds until a new date is agreed. If the new date is in a different calendar year or the Company is unavailable, the retainer will be kept.

4.2 Additional Time: If the Client wants extra time, the Company, Client, and facility must agree. The Client will pay $100.00 per additional hour.

To cancel, the Client must contact The Picture Booth in writing. Upon cancellation, the event date will be open for other bookings. If the Client cancels without a legally binding reason, any payments made will be credited for 1 year. Legally binding reasons do not include mandatory mask orders, social distancing orders, or reduced attendance orders. The Client will owe any outstanding payments based on the following schedule:

Cancellation 14 days or more before the event: No refund of the initial retainer. Any other amounts paid, excluding transaction fees and special order items, are refundable.

Cancellation between 13 - 8 days of the event: No refund of any monies paid.

Cancellation within 7 days of the event: No refund available, and the entire booking fee is due. The exception is for death or military deployment with verifiable documents. In these cases, all but the retainer and transaction fees will be refunded, or the total can be applied to another date if available.

If the Client cancels due to a national "shut down," "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 as a credit and can be transferred to another event, service, or person/Client. Any additional payments owed will be waived in this scenario.

If payments are not received by The Picture Booth within 5 calendar days after the due date, the Company may:

Charge a $100 late fee.

Charge a $250 late fee if the payment is more than 10 calendar days late.

Suspend performance for all Services without any obligation to secure replacement services for the Event.

7.1 Set-up of Services. The booked hire period excludes setup and pack-down. Allow 15–60 minutes for setup and 30–60 minutes for pack-down outside the booked hours. Company will arrive to set up about 15-60 minutes before the hire period starts. If the Client needs an earlier setup, idle time charges may apply unless agreed otherwise. The Client must ensure the venue allows Company to perform services at the agreed time and that there is enough space and power within 2 metres of the setup area. If there's not enough space, the Client will be charged the full hire amount.

The Client must inform Company of any circumstances that may make setting up take longer, like going upstairs or a long distance from the unloading area. If the event starts or runs late, the hire period will still be for the agreed period unless additional hours are provided.

7.2 Downtime. The Picture Booth takes care of equipment function, photo quality, and printing. Some downtime may occur due to technology issues. The Picture Booth guarantees equipment operation at least 80% of the rental time and will refund a prorated amount for downtime beyond that caused by equipment malfunction, excluding any malfunction resulting from guest abuse.

7.3 Termination of Hire for Damages. The Picture Booth may terminate a hire if equipment or property is in danger of or has been damaged due to unruly behavior. Company will try to resolve the matter with the Client or venue before termination. The Client is responsible for any damages or theft caused by attendees and will be charged the full replacement cost and costs related to event termination.

Damages must be reported immediately to a The Picture Booth staff member.

7.4 Venue Location: Please note that our photo booths are designed for indoor use only to protect the equipment from weather and temperature variations. We can, under certain conditions, permit outdoor use, however, this is on a case-by-case basis and is strictly subject to weather conditions. All requests for outdoor use must receive written approval from The Picture Booth. Any indoor venue should be fully shielded from the weather and should maintain a temperature not exceeding 30 degrees Celsius nor falling below 10 degrees Celsius. These conditions are required to protect and ensure the proper functioning of our equipment. We reserve the right to decline service in locations that do not meet these requirements.

8.1 Entire Liability and Uniqueness of the Event. The Picture Booth’s entire liability is limited to a refund of the Service Fee. Company cannot guarantee delivery of specific products and is not obligated to replicate or reshoot an event.

8.2 Explicit Liabilities.

Company is not liable for:

Loss of or damage to property belonging to group members.

Personal injury or death of participants unless due to proven negligence of The Picture Booth.

Emotional distress, mental anguish, punitive damages, consequential damages, lost profits, loss of enjoyment, lost revenues, or replacement costs.

8.3 Attendant's Illness or Injury/Acts of God.

If The Picture Booth’s staff cannot attend the event due to injury, illness, or Acts of God, Company will try to find a substitute attendant. If a substitute can't be found, The Picture Booth will reimburse the Client for Service Fee and deposit amounts previously paid, and neither party will have further obligations or additional liability.

The Client agrees to protect The Picture Booth from any claims, damages, or legal expenses resulting from actions or failures caused by a third party and not the fault of The Picture Booth. This includes situations like damaged or lost photographic materials due to processing, camera malfunction, mail issues, or theft.

If The Picture Booth can't perform this Agreement due to events beyond its control (e.g. natural disasters, war, epidemics, government actions, emergencies, or personal illness/injury), The Picture Booth will inform the Client. The Picture Booth won't be responsible for any delays or failure to perform in such cases. However, The Picture Booth may work with the Client to find a suitable alternative event date. If both parties can't agree on a replacement date, The Picture Booth may refund fees paid by the Client, minus any expenses and work already done related to the event. In a Force Majeure situation, The Picture Booth won't have any additional liability to the Client beyond what's described in this section.

The Client must get permission from the property owner or representative for The Picture Booth to perform services at the event location. The Client must ensure that the venue allows the services listed in the Description of Services. If the venue doesn't allow the services and The Picture Booth is informed more than 72 hours before the event, The Picture Booth can keep the retainer and both parties have no further obligations. If informed less than 72 hours before the event or on the event day, the Client will not receive any refund. The Picture Booth will follow the venue's rules and the Client is responsible for negotiating with the venue if needed. The Client must provide accurate venue information and ensure proper access for loading and parking.

If The Picture Booth's staff feels unsafe or harassed during the event, they can end the services and leave immediately. If guests are rude, the staff will inform the Client, and if the behavior continues, they will end the services and leave. The Client will not receive any refund, and The Picture Booth will provide the products from the footage or images obtained before the incident.

The Client agrees that The Picture Booth is the only provider of their specific services for the event. No other photo booth can work at the event providing the same services without The Picture Booth's written consent.

14.1 Copyright. Products made by The Picture Booth are protected by copyright. Unauthorized copying, scanning, or reproduction is illegal. The Client must buy additional products/rights not included in the Description of Services separately. The Picture Booth can use products for advertising, display, or other purposes without notifying or compensating the Client.

14.2 Digital Files. Clients can duplicate and use purchased digital files for personal use only. Other uses require The Picture Booth's written consent. Clients must back up digital files, as they may degrade or corrupt over time. The Picture Booth stores files for one year, with a $100 fee for retrieval after two years.

14.3 Pricing. Prices for prints, albums, and other products/services may change without notice after 6 months from the contract signing. Unused products in the service agreement become void if not redeemed within 6 months of image delivery.

14.4 Product Delivery. The Picture Booth delivers digital files for photo booth and event photography bookings within 72 hours after the event.

The Picture Booth will maintain a safe setup area and a general liability insurance policy. The Client is responsible for any additional insurance required by the venue.

A material default occurs if a party fails to make a required payment, becomes insolvent or bankrupt, has property seized, or fails to deliver the Service as stated in the Contract.

If a party defaults, the other party may terminate the Contract by giving written notice describing the default. The defaulting party has 5 days to fix the default, or the Contract will be automatically terminated.

Both parties agree to resolve disputes through mediation. If mediation fails, they may seek other forms of resolution according to the law.

This Contract includes the entire agreement between the parties. It supersedes any prior agreements, whether oral or written. (This also applies to attached service term addendums).

If a provision of this Contract is found invalid or unenforceable, the remaining provisions stay valid and enforceable. If a court limits a provision to make it valid, the provision is considered as written and enforced with the limitation.

New Zealand laws apply to this Contract.

All Notices must be in writing, addressed to the parties, and delivered by email, personal delivery, courier, or certified/registered mail. A Notice is effective upon receipt and if requirements are met.

Not enforcing a provision does not waive the right to enforce it later.

Terms that should apply beyond this Agreement will remain in force after termination or expiration.

This Agreement is signed by the Client, or its authorised signatory on behalf of the Client, and is effective as of the date recorded in the booking confirmation.

26.1 The Client is responsible for damages to or theft of photo booth equipment or props. The Client will be charged the current replacement value for damaged, stolen, or lost items.

26.2 The Client must report theft or loss to the company and cooperate in any investigation.

26.3 The photo booth hire company determines the current replacement value of equipment and props.

26.4 The Client will be charged for damages, theft, or loss via the credit card used for booking. An invoice will be provided within 30 days after the rental period.