Terms & Conditions

 

Update to T&C’s  for Covid 19 and Government Lockdowns. March 2021

We are extending our guarantees from 2021 till 2022.

If your wedding  or event is canceled or postponed due to Government lockdowns  covid 19 or any other pandemic we will rearrange the date between us at no additional charge. If this is not possible we will refund ALL your monies including our standard £100 deposit.

Steve Burton ; Owner and Principal Photographer. March 2021

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Smartpicsuk standard terms and conditions of service/hire

Photographic services – Terms and Conditions

By completing our booking form, you are agreeing to and have accepted the following terms and conditions of hire. Any change requests must be made in writing.

The provider – Steve Burton Photography t/a Smartpicsuk
The customer – The person/company booking Steve Burton Photography t/a Smartpicsuk for their event.

1. BOOKING FORM
1.1. “Booking Form” refers to the booking form sent from Smartpicsuk or any signed and printed version of this form. We require our booking form to be completed and returned to us to make a booking. All details stated on the booking form will be taken as given, unless otherwise stated by writing in an email or letter.

2. DEPOSIT
2.1. A £100 deposit is required to confirm any booking of Smartpicsuk’s services. The £100 deposit covers any administration costs and secures the services of Smartpicsuk. This deposit is NON-REFUNDABLE. Reservations are made strictly on a first come, first serviced basis. Dates will only be secured upon receipt of the deposit.

3. ACCESS, SPACE & POWER FOR THE PHOTO BOOTH/STUDIO
3.1. The customer will acquire permission from the event venue and arrange for an appropriate space for the Photo Booth or pop up studio. Our luxury Photo Booth requires a space approximately 4 Sq meters which includes space for a backdrop. However, we shall liaisie with each client to discuss exact requirements to the specific event. Our pop up studio requires a space of at least Sq meters with a 6ft trestle table for ‘print-on site’ events.

  1. 3.2.  The customer is responsible for ensuring power is available at the venue for the Photo Booth.
  2. 3.3.  The customer is responsible for providing the correct address for the venue and that the venue allows

reasonable access for loading and suitable parking once the booth and equipment has been unloaded if possible.

4. HIRE PERIOD
4.1. Smartpicsuk will arrive approximately 1.5 hours before the hire period is due to commence. If the customer requires the booth/studio to be set up earlier, an idle time charge applies. It is up to the customer to ensure the venue agrees to Smartpicsuk being in attendance at the agreed time. Smartpicsuk will be happy to liaise with the venue to assist, if requested.
4.2. The hire period will be for a set period, typically 3 hours, but as specified on the booking form and as agreed by both parties before. Use will commence at the agreed time and finish at the agreed time. If we cannot start on time due to poor access, or not being allowed access as required due to the venue or other circumstances, we will keep to the agreed end period for the hire. If your event simply starts late or runs late, the period of hire will start at the agreed period and times unless we agree to provide additional hours as per our additions or to simply delay our planned start.
4.3. Smartpicsuk agrees to have a Photo Booth/studio operational for a minimum of 80% during this period; operations may need to be interrupted for servicing the Photo Booth/equipment.
4.4. If the Photo Booth/equipment is out of use for more than 20% of the hire period due to technical difficulties, we shall refund the customer according to the amount of time that the booth is not operational and in proportion to the amount paid for the 3 hours of hire or more, as applicable.

5. PAYMENT TERMS
5.1. Following payment of £100 deposit, balance of fees due are to be paid 30 days prior to the event date. Payment for additional images, services and products are to be made at the time of ordering, except ‘sale-onsite’ events.

6. PRICES
6.1. Prices and specifications are subject to change.

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Smartpicsuk standard terms and conditions of service/hire

7. COPYRIGHT
7.1. The 1988 Copyright Design and Patents Act – section 77 & 80 assigns copyright of photographs/digital images to Smartpicsuk. It is contrary to the act to copy or allow to be copied photographs captured by Smartpicsuk by any means except for person use and agreed commercial use or reproduction.

8. DIGITAL FILES
8.1. All digital files remain the property of Smartpicsuk unless copyright has been purchased by the client for personal use only.

9. USE OF PHOTOS
9.1. The customer agrees that all pictures taken by the Photo Booth can be uploaded to a web gallery, unless otherwise stated and exempt Smartpicsuk from responsibility of publishing the pictures.
9.2. Photos taken during the event may be used by us to assist with advertising and promotion of Smartpicsuk. This may include printed matter as well as online images. 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 if requested to do so. If the customer chooses to have the Facebook upload option, you take responsibility of allowing all users to upload any picture to their own Facebook page and designated fan page.
9.3. If immediate social media/email options are chosen/used during the event, Smartpicsuk will not retain users contact details/email addresses without the express request of and prior agreement with the booking client.

10. SUPPLIED PRINTS AND OTHER MERCHANDISE
10.1. Smartpicsuk takes the upmost care whilst producing supplied prints and other merchandise. Our products are subject to rigorous quality inspections and are despatched 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 Smartpicsuk. Smartpicsuk will rectify any fault free of charge during this time period. Faults reported outside 7 working days will be subject to costs.

11. CANCELLATION OF SERVICES
11.1. The customer may cancel their contract with Smartpicsuk at any given time up to 30 days before the date of the event by sending written notice to Smartpicsuk. Smartpicsuk will reimburse any monies paid less the booking fee* which remains non-refundable. Cancellations less than 7 days before the event date will result in the payment in full.
11.2. Any request for a date change must be made in writing by the customer at least 30 days in advance of the original event date. Change is subject to Smartpicsuk availability and receipt of a new booking contract. If there is no availability for the alternative date, the booking fee shall be forfeited and event cancelled. Any cancellation will forfeit any booking payment made.
11.3. *For Sale-onsite events where no booking fee is paid, Smartpicsuk may invoice the customer a loss of earnings fee where the event is not rebooked.

12. EXPENCES
12.1. Smartpicsuk will request reimbursement with prior agreement the cost of accommodation expenses and petrol where the event if at a distance of 25 miles outside of the M25 or greater. Travel will be charged at 45p per mile.
12.2. 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 shall be reimbursed from the customer with regards to late and distant events,

  1. 12.3.  Food and beverages must be provided to all booth/studio attendants where attendance is over 5 hours.
  2. 12.4.  Any additional charges incurred will be recovered from the customer.
  3. 12.5.  No additional traveling expenses will be incurred unless previously stated.

13. EVENTS BEYOND OUR CONTROL
13.1. Smartpicsuk will make all reasonable endeavours to arrive at the venue at the agreed time. Where circumstances make this impossible due to, but not limited to adverse weather, Smartpicsuk will contact the customer or the venue as early as possible and a full refund will be made.
13.2. Smartpicsuk will always try to arrive at the venue at the agreed time. Where circumstance make this difficult due to severe traffic delays or vehicle breakdowns, Smartpicsuk will be happy to extend the end time of hire to make up for the late start. If this is not possible we will refund the customer accordingly to the amount of

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Smartpicsuk standard terms and conditions of service/hire

the time delayed by and in proportion to the amount paid for the 3 hours of hire or more. We will however try our utmost to get to your event as soon as we can and always be in contact with you.

14. LIMITATION OF LIABILITY
14.1. Smartpicsuk will in all instances act in what it considers to be the best interests of the customer and to take steps when required to act to protect the health and safety of booth/studio users. Where such actions lead to an early closure of the Photo Booth/studio, removal from the service of the booth/studio or other such action likely to cause dissatisfaction, Smartpicsuk limits any refund to the amount of the original booking less the deposit. This applies in all cases. It in no way affects general public liabilities or employers liability insurance matters, which are covered separately.
14.2. In the unlikely event of a total photographic failure or cancellation of this contract by either party or in any other circumstances the liability of one party to the other shall be limited to the total value of the contract. Neither party shall be liable for indirect or consequential loss.

15. TERMINATION OF HIRE
15.1. Smartpicsuk will not tolerate any abuse or threatening behaviour to any of our staff or abuse of the Photo Booth/studio or equipment. If this occurs, Smartpicsuk retains the right to terminate the hire immediately. This applies equally to you the customer and your guests. Smartpicsuk may terminate hire in cases where our staff feel the equipment belonging to Smartpicsuk or the Photo Booth itself is in danger or has been damaged due to the actions or unruly behaviour of you or your guests. 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 cost of hire will remain due and we will not issue any refunds for any period of hire not provided. Moreover, you the customer will be fully responsible for any damages caused by you or your guests or other attendees at the event to the Photo Booth or Photo Booth equipment howsoever caused, with the sole exclusion of Smartpicsuk.

16. INDEMNITY FOR UNACCOMPANIED BOOTH HIRE (Delete as necessary)
16.1. The hirer will be liable for any costs up to the value of £6000 – expenses and losses incurred by Smartpicsuk as a result of any damage to the photo booth or other hired equipment belonging to us that has been caused by the hirer or the hirer’s guests.
16.2. All props provided for the entertainment of guests during the hire session will remain the property of Smartpicsuk. The hirer will be responsible for any loss resulting from theft or damage to the props during a hire session.
16.3. We accept no liability for any damage to or loss of personal property arising from the use of the photobooth, props or any other hired equipment.
16.4. We will not be liable for any personal injury resulting from the use of the hired equipment. The only exception to this is where personal injury has been caused by negligence on our part, or one of our employees.

Booking reference
Name (block capitals)
Signature
On behalf of (company name, if applicable) Date

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