TERMS AND CONDITIONS
DEFINITIONS AND INTERPRETATION
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 for the booking. Please note that if on the day the Contact is not available then Charlie Brookes 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 in the Initial Booking. ‘Hire date’ means the date the Photo Booth or Magic Mirror is hired.
‘Photo Booth’ means the “CharlieBrookes.co.uk” system and related equipment. ‘Magic Mirror’ means the “CharlieBrookes.co.uk” system and related equipment. ‘Location’ means the Location of the Photo Booth or Magic Mirror once delivered and setup by a CharlieBrookes.co.uk representative on the Hire date. ‘User’ means the people that use the Photo Booth whilst out on hire to the Hirer. ‘Venue’ means the postal address at which the Photo Booth or Magic Mirror is to be located on the Hire date. ‘The CharlieBrookes.co.uk Representative’ means a representative, either employed directly or sub-contracted for The CharlieBrookes.co.uk.
In this Agreement the words ‘include’, ‘includes’, ‘including’ and ‘such as’ 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 confirmation of booking is received via e-mail and shall remain in place until the Photo Booth or Magic Mirror is either collected or returned to the satisfaction of CharlieBrookes.co.uk
USE OF THE PHOTO BOOTH / MAGIC MIRROR
The Hirer is to ensure the Photo Booth or Magic Mirror 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 or Magic Mirror, and shall keep the Photo Booth or Magic Mirror properly protected and safe. Under no circumstances shall CharlieBrookes.co.uk 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 CharlieBrookes.co.uk
Children under the age of 13 must be accompanied and supervised by a responsible adult. Unaccompanied children will not be allowed to use the Photo Booth or Magic Mirror.
The Hirer is to ensure the Photo Booth or Magic Mirror shall not be moved from both the Location and Venue other than by a CharlieBrookes.co.uk Representative.
The Hirer is to obtain any consent or permissions in the use of the Photo Booth or Magic Mirror at the Venue and the CharlieBrookes.co.uk shall not be held liable for refusal or lack of any consent or permission.
The Photo Booth or Magic Mirror shall at all times remain the property of the CharlieBrookes.co.uk
The Photo Booth or Magic Mirror shall be delivered on date of Hire at which time the CharlieBrookes.co.uk representative will leave the Photo Booth or Magic Mirror operational and in suitable condition for use. The Contact on the day, or, agreed alternative Contact will sign the Photo Booth Delivery Note to confirm they agree the Photo Booth or Magic Mirror is operational and not damaged.
The CharlieBrookes.co.uk representative has the right to refuse to deliver the Photo Booth or Magic Mirror if:
It believes that the Photo Booth or Magic Mirror 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 or Magic Mirror;
The Venue or Location is believed to not be secure;
The Contact on the day cannot be found to sign the Photo Booth or Magic Mirror Delivery Note;
If The Contact on the day refuses to sign the Photo Booth or Magic Mirror Delivery Note;
The Contact on the day has the right to refuse to accept the delivery of the Photo Booth or Magic Mirror if:
They believe the Photo Booth or Magic Mirror to be unsafe or a risk to health;
The Photo Booth or Magic Mirror is damaged to the point of being unusable;
The Photo Booth or Magic Mirror arrives outside of the delivery timings agreed between Hirer and CharlieBrookes.co.uk.
Idle time requires the Photo Booth or Magic Mirror to be securely stored.
After initial setup the Photo Booth or Magic Mirror cannot be moved. Moving the Photo Booth or Magic Mirror 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 endeavour to be timely for setup 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 endeavour 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.
A deposit as specified upon the Booking shall be paid by the Hirer to the CharlieBrookes.co.uk
A receipt in the form of an e-mail invoice 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 four weeks prior to the date of the event and FULL payment must be made no later than four weeks prior to the Hire date.
If the Hirer fails to pay the invoice price by the date due then the CharlieBrookes.co.uk 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 Magic Mirror, 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 six weeks prior to Hire date The CharlieBrookes.co.uk shall refund any monies paid less the Deposit.
Upon receipt of written notification within six weeks prior to Hire date no refund will be provided.
DAMAGE LOSS AND REPAIR
The Hirer shall be responsible for the loss, theft or destruction of or for any damage to the Photo Booth or Magic Mirror occasioned in any manner or by whosoever or by any cause whatsoever while the Photo Booth or Magic Mirror is at the Hirer’s risk (other than as a result of fair wear and tear) and fully and effectually indemnify the CharlieBrookes.co.uk in respect of all claims, proceedings, costs, expenses, loss, damage and liabilities incurred by the CharlieBrookes.co.uk arising directly or indirectly form any such loss, theft, destruction or damage.
CharlieBrookes.co.uk shall not be responsible for any losses or equipment failure which is beyond its control.
On the rare occasion the Photo Booth or Magic Mirror may have technical problems and every effort will be made to rectify the problem. If the problem is rectified the Photo Booth or Magic Mirror will be 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 and sent to the client on request. No Refund shall be given unless the Photo Booth or Magic Mirror cannot take photos from a camera failure or hard drive failure.
TERMINATION ON DEFAULT, ETC
Without prejudice to the provision of clause 4.4 the CharlieBrookes.co.uk 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.
No warranties, representations or other matters were relied upon by the Hirer causing it to enter into this Agreement other than those expressly set out herein.
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 or Magic Mirror cannot be deliverd due to mechanical failure or transportation, or the Photo Booth or Magic Mirror malfunctions to a point of being unusable to record photos or videos CharlieBrookes.co.uk will be liable for a full refund of the booking amount only.
CharlieBrookes.co.uk 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 invoice. 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 royal mail.
The Hirer acknowledges and accepts all materials (video, photo and text messages) recorded on the day can be used by CharlieBrookes.co.uk for the purpose of promoting and advertising it’s products and services. Furthermore the Hirer does not hold CharlieBrookes.co.uk liable for any issues arising through the use of such material.
CHOICE OF LAW AND JURISDICTION
This contract shall be governed by English law and subject to the exclusive jurisdiction of courts of England and Wales in all matters regarding it except to the extent that the CharlieBrookes.co.uk invokes the jurisdiction of the courts of any other country.