• In this Agreement unless the context requires otherwise the following words and expressions have the following meanings: 'Contact' means the contact named by the Hirer on the Booking form. Please note that if on the day the Contact is not available then Metro Elite Photo Booths reserves the right to select an appropriate alternative. This may include, but not be limited to, a member of staff at the venue, an events coordinator, a user or a close family member or friend of the Hirer or indeed the Hirer themselves.'Booking form' means the form completed to confirm details of booking including Contact on the day. This may also be in the form of an e-mail. 'Hirer' means the main booking contact named on the Initial Booking Form. 'Hire date' means the date the Photo Booth is hired.'Photo Booth' means the "Metro Elite Photo Booths" system and related equipment. 'Delivery Note' means the form completed on the Hire date which is signed by the Contact on the day and Metro Elite Photo Booths representative. 'Location' means the Location of the Photo Booth once delivered and setup by a Metro Elite Photo Booths Representative on the Hire date. 'User' means the people that use the Photo Booth while out on hire to the Hirer. 'Venue' means the postal address at which the Photo Booth is to be located on the Hire date. 'Metro Elite Photo Booths Representativ' means a representative, either employed directly or sub-contracted for Metro Elite Photo Booths.
    • In this Agreement the words 'include'' 'includes', 'including' and 'such a' are to be construed as if they were immediately followed by the words 'without limitation'.
    • Reference to the singular includes the plural and vice versa.
    • The Agreement shall commence on the date the Booking Form is signed or confirmation of booking is received via e-mail and shall remain in place until the Photo Booth is either collected or returned to the satisfaction of Metro Elite Photo Booths.
    • The Hirer is to ensure the Photo Booth is used properly and ensure that it will be used safely and without risk to health, shall not remove or alter or permit removal or alteration of identification numbers or marks of the Photo Booth, and shall keep the Photo Booth properly protected and safe. Under no circumstances shall Metro Elite Photo Booths have any liability of whatever kind for any defects resulting from wear and tear, accident, improper use by the Hirer or Users except in accordance with the instructions or advice from Metro Elite Photo Booths.
    • The Hirer is to ensure the Photo Booth shall not be moved from both the Location and Venue other than by a Metro Elite Photo Booths Representative.
    • The Hirer is to obtain any consent or permissions in the use of the Photo Booth at the Venue and Metro Elite Photo Booths shall not be held liable for refusal or lack of any consent or permission.
    • The Photo Booth shall at all times remain the property of Metro Elite Photo Booths.
    • The Photo Booth shall be delivered on date of Hire at which time Metro Elite Photo Booths Representative will leave the Photo Booth operational and in suitable condition for use. The Contact on the day, or, agreed alternative Contact will sign the Photo Booth Deliver Note to confirm they agree the Photo Booth is operational and not damaged.
    • Metro Elite Photo Booths Representative has the right to refuse to deliver the Photo Booth if they believe that the Photo Booth will not be used properly, the Venue or Location is believed to be unsafe or a risk to health, the Venue or Location is believed to possibly cause damage to the Photo Booth,the Venue or Location is believed to not be secure, the Contact on the day cannot be found to sign the Photo Booth Delivery Note, or if the Contact on the day refuses to sign the Photo Booth Delivery Note;
    • The Contact on the day has the right to refuse to accept the delivery of the Photo Booth if, they believe the Photo Booth to be unsafe or a risk to health, the Photo Booth is damaged to the point of being unusable,the Photo Booth arrives outside of the delivery timings listed on the Booking Form.
    • Idle time requires the Booth to be securely stored.
    • After initial setup the Booth cannot be moved. Moving the booth will incur an additional charge.
    • We have taken every care to ensure that all items on our website are correct. We will not be held liable for any errors or inaccuracies which may occur through the website, email or verbally with a representative and will not be obliged to supply goods at any inaccurate price.
    • We endeavor to be timely for set-up and the start of the event, however, due to certain circumstances beyond our control we may be delayed. Where possible an attendant will contact the persons responsible to notify them. We will endeavor to run the booth over the allotted time to make up the correct hire time if possible. We cannot give any refunds for circumstances beyond our control.
    • Extra print offers are for Normal/Wedding Album fills only. After the Album has been deemed to be completed by our Attendant the booth may be switched back to single print mode.
    • All Uploads and Facebook Uploads are subject to a stable Internet Connection.
    • Where possible a Wi-Fi connection needs to be made available for uploads. We cannot be held responsible for the quality of the Wi-Fi connection or disconnections or re-connections required by the Wi-Fi connection.
    • Where a 3G Dongle is used (in the case that a Wi-Fi connection is not available) we cannot be held responsible for the quality of the 3G connection and clients (the hirers of the Photo Booth) are required to check this beforehand 5 days before the event.
    • The Client (Hirer of the Photo Booth) is required to Log into Facebook for Facebook uploads to work and Accept the Photo Booth Live FaceBook App.
    • FaceBook Group or Companies' pages may not allow uploads to Albums pages as they do not have an Albums section. It is the responsibility of the Client (Hirer of the Photo Booth) to check this up to 5 days before the event.
    • Your images will be uploaded to both the albums page on Metro Elite Photo Booths and to an album on our company Facebook page, with a web address to view these printed on all photos unless specifically requested in writing for this not to happen, prior to the event commencing.
    • The Guest books provided may be leather or an alternative for the event. Guest books are provided for guests to put their second photo in the book with a message. We do actively encourage this, but cannot be held responsible for guests not leaving the photo or leaving a message or leaving the photo and message in a funny position. The guest book is left mainly for guest to use throughout the night and cannot be manned by the attendant all night.
    • It is usual to receive video messages from the guests; however, we cannot control or make people leave these messages. The button is clearly visible for the video message option.
    • The Hirer to as specified upon the Booking Form, shall pay a deposit to: Metro Elite Photo Booths. A receipt in the form of an e-mail shall be sent to the Hirer. The receipt is the only proof of booking that the Hirer shall receive.
    • An invoice in respect of hire will be issued 4 weeks prior to the date of the event and FULL payment must be made no later than 2 weeks prior to the Hire date.
    • If the Hirer fails to pay the invoice price by the date due then Metro Elite Photo Booths has the right to cancel the booking with no deposit being returned to the Hirer.
    • No refunds are to be given due to fault of the Hirer in operation of, or use of, the Photo Booth, or in lack of obtaining, or in the refusal of the appropriate consents or permissions. No refund will be made for low usage of the facility.
    • Upon receipt of written notification of cancellation four weeks prior to Hire date, Metro Elite Photo Booths shall refund any monies paid less the Deposit.
    • Upon receipt of written notification within four weeks prior to Hire date no refund will be provided.
    • The Hirer shall be responsible for the loss, theft or destruction of or for any damage to the Photo Booth occasioned in any manner or by whosoever or by any cause whatsoever while the Photo Booth is at the Hirer's risk (other than as a result of fair wear and tear) and fully and effectually indemnify Metro Elite Photo Booths in respect of all claims, proceedings, costs, expenses, loss, damage and liabilities incurred by Metro Elite Photo Booths arising directly or indirectly form any such loss, theft, destruction or damage.
    • Metro Elite Photo Booths shall not be responsible for any losses or equipment failure, which is beyond its control.
    • On the rare occasion the Photo Booth may have technical problems every effort will be made to rectify the problem. If the problem is rectified the photo booth will made available for use over the time provided, if the problem is a printer problem photos will still be taken and photos will be printed out the next working day and sent to the client. No Refund shall be given unless the Photo booth cannot take photos from a camera failure or hard drive failure.
    • Without prejudice to the provision of clause 4D, Metro Elite Photo Booths may by written notice (in addition to any other rights) terminate this Agreement or suspend its performance of all or any of its obligations under the same immediately and whether for compensation or damages or otherwise if the Hirer fails to comply with any of its obligations under the terms of this Agreement.
    • This Agreement expresses the entire agreement between of the Parties in respect of the matters contained or referred to in it and there are no promises, terms, conditions or obligations oral or written express or implied other than those contained herein.
    • The Hirer causing it to enter into this Agreement other than those expressly set out herein relied upon no warranties, representations or other matters.
    • This Agreement shall not otherwise be modified in any way except through the agreement by the Parties.
    • Except in the case of fraudulent misrepresentation the only remedy available to the Hirer in respect of any misrepresentation or untrue statement made to it shall be a claim for breach of contract.
    • If in the event that the Photo Booth cannot be delivered due to mechanical failure or transportation, or the photo booth malfunctions to a point of being unusable to record photos or videos Metro Elite Photo Booths will be liable for a full refund of the booking amount only.
    • Metro Elite Photo Booths shall not be liable for any failure in the performance of any of its obligations under this Agreement caused by, and may suspend performance of the same during, factors outside its control including, but not limited to, disorder and natural disasters.
    • The Parties do not intend that any term of this Agreement may be enforced by a third party as defined in the Contracts (Rights of Third Parties) Act 1999 under the provisions of that Act.
    • Any notice required to be given for the purposes of this Agreement must be given by registered or recorded delivery mail.
    • The Hirer's address for the service of notice shall be the address stated on the Booking Form. Any changes of address must be notified and acknowledged, to be deemed as valid.
    • A notice shall be deemed to have been serviced, if a notification of completed recorded delivery notice is provided via U.S. mail.
    • The Hirer acknowledges and accepts all materials (video, photo and text messages) recorded on the day can be used by Metro Elite Photo Booths for the purpose of promoting and advertising its products and services. Furthermore the Hirer does not hold Metro Elite Photo Booths liable for any issues arising through the use of such material.
    • Metro Elite Photo Booths will own the copyright of all images and videos taken using the Photo booth. We reserve the right to send images to third parties if requested. Photos will be stored via server and online. USB's are sometimes sent to customers via postal service, Metro Elite Photo Booths cannot be held responsible for Photographs/Videos being given or sent to customer for loss or damage to the USB's in transit or at the event.
    • This contract shall be governed by California law and subject to the exclusive jurisdiction of courts of California in all matters regarding it, except to the extent that Metro Elite Photo Booths invokes the jurisdiction of the courts of any other country.

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