Terms and Conditions
(1) Boothy and the Geek, represented by Joy Cumming (Lessor).
(2) You, as hirer of the Equipment (Lessee).
- DEFINITIONS AND INTERPRETATION
1.1 The following definitions and rules of interpretation apply in these terms and conditions.
Commencement Time: the time that the Lessee takes Delivery of the Equipment.
Contract: the contract between the Lessor and the Lessee for the hire of Equipment pursuant to any Order Form and governed by these terms and conditions.
Delivery: the transfer of physical possession of the Equipment to the Lessee at the Venue.
Deposit: the deposit amount set out in the Order Form.
Deluxe Booth: the booth package with online direct picture upload option.
Equipment: the items of equipment listed in the Order Form, all substitutions, replacements or renewals of such equipment and all related accessories, manuals and instructions provided for it.
Order Form: the form submitted by the Lessee to the Lessor specifying: the Equipment required, the time and date it is required at and confirmation of the Lessee’s acceptance of the schedule for the Deposit and Rental Payments.
Rental Payments: the payments made by Lessee for hire of the Equipment.
Rental Period: the period of hire as set out in clause 3.
Venue: the premises where the Lessee requires the Equipment as set out in the Order Form.
1.2 Clause headings shall not affect the interpretation of the Contract.
1.3 A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
1.4 Unless the context otherwise requires, words in the singular shall include the plural and vice versa.
1.5 A reference to writing or written includes e-mail.
1.6 Any obligation on a party not to do something includes an obligation not to allow that thing to be done.
1.7 References to clauses are to the clauses of these terms and conditions.
1.8 Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
- EQUIPMENT HIRE
2.1 The Lessor shall hire the Equipment to the Lessee for use at the Venue subject to the terms and conditions of the Contract.
2.2 The hire of Equipment will be subject to availability.
- RENTAL PERIOD
The Rental Period starts at the Commencement Time and shall continue for a period of three hours unless agreed otherwise in writing by the parties.
- RENTAL PAYMENTS AND DEPOSIT
4.1 The Lessee shall pay the Rental Payments and Deposit to the Lessor in accordance with the Order Form. The payments shall be made by Debit or Credit card
4.2 If the Lessee fails to make any payment due to the Lessor under the Contract by the due date for payment, then the Lessor may cancel the Contract and retain the Deposit.
4.3 The Deposit is a deposit against default by the Lessee of payment of any Rental Payments or any loss of or damage caused to the Equipment.
- DELIVERY AND INSTALLATION
5.1 Delivery of the Equipment shall be made by the Lessor. The Lessor shall use all reasonable endeavours to effect Delivery in accordance with the Order Form. Title and risk shall transfer in accordance with clause 6 of the Contract.
5.2 The Lessor shall install the Equipment at the Venue. If required by the Lessor, the Lessee shall sign a receipt confirming acceptance.
5.3 To facilitate Delivery and installation, the Lessee shall ensure the Lessor has access to the Venue as required, and to adequate power sources to enable Delivery and installation to be carried out safely and expeditiously.
5.4 Where the Deluxe Booth has been selected by the Lessee, a Wi-Fi point capable of uploading the pictures is required.
- TITLE AND RISK
6.1 The Equipment shall at all times remain the property of the Lessor, and the Lessee shall have no right, title or interest in or to the Equipment, save for its use in accordance with the Contract.
6.2 The risk of loss, theft, damage or destruction of the Equipment shall pass to the Lessee on Delivery. The Equipment shall remain at the sole risk of the Lessee during the Rental Period and any further term during which the Equipment is in the possession, custody or control of the Lessee until such time as the Equipment is redelivered to the Lessor.
- LESSEE’S RESPONSIBILITIES
7.1 The Lessee shall during the term of the Contract:
(a) ensure that the Equipment is used only for the purposes for which it is designed, and operated in accordance with any operating instructions provided by the Lessor;
(b) take such steps (including compliance with all safety and usage instructions provided by the Lessor) as may be necessary to ensure that the Equipment is at all times safe and without risk to health when it is being set or used;
(c) not use the Equipment for any unlawful purpose;
(d) at the end of the Rental Period allow the Lessor or its representatives access to the Venue for the purpose of removing the Equipment; and
(e) keep the Lessor informed of the Lessee’s up to date and accurate contact details.
- IMAGES UPLOADED TO SOCIAL MEDIA
8.1 When using the Deluxe Booth, the Lessee warrants that:
- all parties whose image is included in any photographs uploaded online have given their informed consent to do so;
- there will be no images of children under the age of 16 uploaded online; and
- any photographs so uploaded may be used by the Lessor in promotional activity (unless consent is expressly withheld).
8.2 The Lessee acknowledges that any issues with the operation of the social network websites are out-with the control of the Lessor.
9.1 The Lessor warrants that the Equipment shall substantially conform to its specification (as made available by the Lessor), be of satisfactory quality, and fit for any purpose held out by the Lessor.
9.2 The Lessor shall use all reasonable endeavours to remedy, free of charge, any defect in the Equipment which manifests itself, provided that the defect did not materialise as a result of misuse, or unauthorised manipulation by any person other than the Lessor’s authorised personnel.
9.3 If the Lessor fails to remedy any defect in the Equipment, the Lessor shall accept the return of part or all of the Equipment and make an appropriate reduction to the Rental Payments and, if relevant, return any Deposit (or any part of it).
10.1 Without prejudice to clause 10.2, the Lessor’s maximum aggregate liability for breach of the Contract (including any liability for the acts or omissions of its employees, agents and subcontractors), whether arising in contract, delict (including negligence), misrepresentation or otherwise, shall in no circumstances exceed the amount of the Rental Payments.
10.2 Nothing in the Contract shall exclude or in any way limit:
(a) either party’s liability for death or personal injury caused by its own negligence;
(b) either party’s liability for fraud or fraudulent misrepresentation; or
(c) any other liability which cannot be excluded by law.
10.3 The Contract sets forth the full extent of the Lessor’s obligations and liabilities in respect of the Equipment and its hiring and sale to the Lessee. In particular, there are no conditions, warranties or other terms, express or implied, including as to quality, fitness for a particular purpose or any other kind whatsoever, that are binding on the Lessor except as specifically stated in the Contract. Any condition, warranty or other term concerning the Equipment which might otherwise be implied into or incorporated within the Contract, whether by statute, common law or otherwise, is expressly excluded.
10.4 Without prejudice to clause 10.2, neither party shall be liable under the Contract for any:
(a) loss of profit;
(b) loss of revenue;
(c) loss of business; or
(d) indirect or consequential loss or damage,
in each case, however caused, even if foreseeable.
Without affecting any other right or remedy available to it, the Lessor may terminate the Contract with immediate effect by giving notice to the Lessee if the Lessee fails to pay any amount due under the Contract on the due date for payment and remains in default not less than seven days after being notified to make such payment.
- CONSEQUENCES OF TERMINATION
12.1 Upon termination of the Contract, however caused:
(a) the Lessor’s consent to the Lessee’s possession of the Equipment shall terminate and the Lessor may retake possession of the Equipment and for this purpose may enter the Venue or any premises at which the Equipment is located; and
(b) without prejudice to any other rights or remedies of the Lessor, the Lessee shall pay to the Lessor on demand all Rental Payments and other sums due but unpaid at the date of such demand.
12.2 Upon termination of the Contract pursuant to clause 11, any other repudiation of the Contract by the Lessee which is accepted by the Lessor, without prejudice to any other rights or remedies of the Lessor, the Lessee shall pay to the Lessor on demand a sum equal to the whole of the Rental Payments that would (but for the termination) have been payable if the Contract had continued from the date of such demand to the end of the Rental Period.
12.3 The sums payable pursuant to clause 12.2 shall be agreed compensation for the Lessor’s loss and shall be payable in addition to the sums payable pursuant to clause 12.1(b). Such sums may be partly or wholly recovered from any Deposit.
- FORCE MAJEURE
Neither party shall be in breach of the Contract nor liable for delay in performing, or failure to perform, any of its obligations under the Contract if such delay or failure result from events, circumstances or causes beyond its reasonable control.
- ENTIRE AGREEMENT
14.1 The Contract constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
14.2 Each party acknowledges that in entering into the Contract it does not rely on, and shall have no remedies in respect of, any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Contract.
14.3 Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in the Contract.
14.4 Nothing in this clause shall limit or exclude any liability for fraud.
No variation of the Contract shall be effective unless it is in writing and signed by the parties.
- THIRD PARTY RIGHTS
No one other than a party to the Contract shall have any right to enforce any of its terms.
No failure or delay by a party to exercise any right or remedy provided under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
- RIGHTS AND REMEDIES
Except as expressly provided in the Contract, the rights and remedies provided under the Contract are in addition to, and not exclusive of, any rights or remedies provided by law.
- LAW AND JURISDICTION
The Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Scotland. The courts of Scotland shall have exclusive jurisdiction.