Terms & Conditions
THIS AGREEMENT is made and entered into by The Mirror Men & Their Client in reference to the attached booking.
This Agreement sets forth the full, written intention of both parties and supersedes all other written and/or oral agreements between the parties.
DESCRIPTION OF SERVICE BOOKED
Client hereby agrees to engage The Mirror Men to provide Client with The Service booked Service (collectively, the “Services”) to be performed at the invoiced and agreed in advance.
SERVICE PERIOD
The Service Period is between the time agreed at your time of booking. The Mirror Men agrees to have the photobooth operational for a minimum of 85% during this period, but limited to a maximum of the time booked; occasionally, operations may need to be interrupted for maintenance, but this is very rare. In addition to the service period above this will cover 60-90 minutes setup time and 30-60 minutes pack down time unless idle time has been booked and paid for. Use will commence and finish at the time agreed with The Client unless this is more than the maximum time booked or due to technical difficulties, The Mirror Men will provide the service for the set period once rectified.
If Client requires us to be set up earlier an idle time charge will apply. It is Client’s responsibility to ensure that the venue allows the Company in their venue to perform services and at the agreed time.
It is Client’s responsibility to inform us of any circumstances that may make setting up take longer, these may include but are not exhaustive to; going upstairs, a long distance from unloading area to set-up area, restricted access. If we are not aware of these and the set-up takes longer than normal Client’s hire period may be intruded into.
If Clients event simply starts late or runs late, the period of hire will still be for the agreed period and times unless The Mirror Men agree to provide additional hours which may result in an additional charge.
The Mirror Men cannot be held responsible for any circumstances that may prevent The Mirror Men from attending the Clients event; these may include but are not limited to, severe weather conditions, trac delays, breakdown of vehicles, sickness or equipment failure. In the case that The Mirror Men cannot attend or fulfill hire due to events beyond control The Mirror Men will contact Client or venue as soon as possible. In these instances The Mirror Men’s liability will be limited to the refunding all of monies paid.
PAYMENT
Client agrees to pay The Mirror Men, in consideration of the Services contracted for, with a non-refundable booking fee in the amount of 20% of the total charge is due on signing of this Contract and the remaining balance shall be paid in full 14 days prior to the event. If Client is booking Client’s event within 14 days of the event date, full payment will be due at the time of booking and is non-refundable except under the circumstances set forth below in the Cancelations section. The remaining balance is due 14 days before the event. This can be paid automatically through the online invoice system. If the Client uses the equipment for a time period in excess of the service period agreed, the overage in rental time will be billed to the operator at the rates set out. Payment for any overage in time must be paid before additional hours are provided however upon agreement these can be billed to the Client at a later date. Client agrees that in addition to any and all other legal rights and remedies The Mirror Men may have.
Payments are not transferable, not assignable, nor refundable except as explicitly described in this contract. Once the Agreement has been signed, no reduction in services are allowed. Any added services, confirmed in writing (email suces) after the Agreement has been signed do not require an additional contract, but will be charged accordingly.
In the event payments are not received by The Mirror Men within 5 calendar days after becoming due, The Mirror Men may:
1. Charge a late fee in the amount of £100.00
2. Cancel all Services without any obligation to secure replacement services for the Event.
DATE CHANGES
In the event of a postponement, The Mirror Men. Will retain all funds received until a new date is established. Once a mutually beneficial date is agreed upon, the contract will be updated to reflect the new date and all received funds will be applied to the rescheduled event.
If Client changes the date of the event, Client will immediately notify The Mirror Men In writing (email suces). The Mirror Men will make best efforts to accommodate Client and provide its services on the changed date within the same calendar year. If The Mirror Men are not available on the new event date, or if the rescheduled date is for a new calendar year, The Mirror Men, Shall be entitled to keep the booking fee and neither party shall have any further liability or obligation under this Agreement. If Client reschedules the event and the new event date is more than six months in the future, the Service Fee will be adjusted to reflect changes in pricing, if any. All date modifications will be subject to a fair rescheduling fee as
determined by The Mirror Men.
CANCELLATIONS
All cancellations must be made by contacting The Mirror Men and must be in writing. Once Client’s event has been cancelled, Client’s event date will immediately be available for other bookings. Should the Client cancel and there are no legally binding reasons to restrict the event from taking place, all monies received will remain on file as a credit for 1 year. In addition, Client will owe any outstanding payments under the following schedule:
1. Cancellation 180 days or more before the event – No refund of the booking fee. Any other amounts paid and/or other monies paid excluding transaction fees are refundable.
2. Cancellation between 179 – 60 days of the event – No refund of any monies paid up to 50% of the total. Anything beyond 50% of total booking fee will be refunded. 50% of the package is still due if not already paid.
3. Cancellation within 59 days of the event – There is no refund available and the entire amount of the booking is due.
VENUE, ACCESS, SPACE & POWER
It is the responsibility of the Client to ensure the correct venue contact details and address are provided. The Mirror Men require that the venue
allows reasonable access for loading/unloading and suitable parking throughout the hire. The Mirror Men will not be held liable for any for any fines incurred as a result of unloading, loading or parking during hire. If the Client does not agree to this The Mirror Men will seek alternative arrangements but this may lead to delays in the hire or result in termination of this agreement without refund. Client also agrees that The Mirror Men cannot be held liable for any errors or delays resulting in incorrect or missing venue details. It is the responsibility of the Client to ensure that the venue has agreed for us to be in attendance, this includes access to enter the venue and restricted areas if required. It is the responsibility of the Client to ensure they have made The Mirror Men aware of any requirements The Mirror Men need which include but are not limited to; PAT testing and insurance.
Client also takes responsibility to inform The Mirror Men of any circumstances that may result in delays which may include but are not limited to; long distances from loading bays and restricted access. The Mirror Men cannot be held liable for any situations resulting in delays which aect the booth start time. Client shall inform The Mirror Men if the equipment needs to be carried upstairs. The Mirror Men Shall not be liable if an event must be cancelled due to not being able to setup.
Depending on the services provided The Mirror Men requires a maximum of 2.5m (H) x 2.5m (L) x 2.5m (W). If applicable a standard UK grounded electrical outlet, free of other connected electrical devices per product/service is required. We can bring an extension cord if necessary, but still must be within 5m of an outlet. Additional extension cords are required to be provided by the venue or arranged with The Mirror Men in advance.
OUTDOOR EVENTS
Client must seek prior permission from The Mirror Men should any of the services be required outdoors. Client accepts responsibility that no refunds will be given if the service cannot operate due to failure on meeting access, space and power requirements.
Client also accepts that The Mirror Men is not liable for any interruption to services due to inadequate power or weather conditions.
DAMAGE TO EQUIPMENT
Client will be fully responsible for any damages caused by Client or any other attendees (invited or note) at the event to any equipment howsoever caused. Damages may include but are not limited to alcohol spilled on equipment, kicking or knocking over of equipment, or theft of any equipment.
The Mirror Men will notify Client at the earliest opportunity of an accident or loss, however this may be during or after the services have been provided. In some instances for example a wedding we may not discuss damage until the next day in order to avoid spoiling the event.
In the event of any damages caused by those present to property or equipment in use by The Mirror Men, you will be charged the full replacement cost and are liable to cost involved in termination of future events due to sourcing replacements.
The Mirror Men retains the right to terminate a hire if they feel that any equipment or property belonging to The Mirror Men is in danger of being damaged or has been damaged due to unruly behaviour from Client. We also reserve the right to refuse guests to participate in the activities if we feel they are too unruly.
TERMINATION OF HIRE
In any instances where The Mirror Men feel there is a need to terminate the hire The Mirror Men may attempt to speak with the Client or the hosting venue first, if possible to try to resolve the matter before termination.
LIABILITY
The Mirror Men’s entire liability to Client for any claim for damages, reimbursement or loss suered, relating to or in any way arising out of The Mirror Mens performance, is limited to a refund of the Service. Due to the uniqueness of each event, The Mirror Men,Cannot guarantee delivery of any specifically requested product(s) and Client further recognizes and agrees that an entire event cannot be replicated, reenacted or repeated for the purpose of a reshoot and that The Mirror Men has no obligation under this Agreement to do so.
The Mirror Men shall not accept liability under any circumstances for:
· Loss of or damage to property belonging to or travelling with the members of any group. (For example, watches, jewelry, cameras or clothing.)
· Personal injury or death of any participants however caused unless by proven negligence of The Mirror Men.
· Client emotional distress, mental anguish, punitive damages, consequential damages, lost profits, loss of enjoyment, lost revenues and/or replacement costs.
If, for whatever reason including injury, illness, acts of God, The Mirror Men’s attendants or specialised sta are unable to attend the event, The Mirror Men will make best efforts to find a substitute attendant for the event. If a substitute attendant cannot be found, The Mirror Men will promptly reimburse Client any and all amounts Client previously paid to The Mirror Men, and neither party will have any further obligations or additional liability under this Agreement.
INDEMNIFICATION
Client agrees to indemnify and hold The Mirror Men harmless from all claims, demands, actions or damage of every kind and description, including reasonable legal fees and all other costs and expenses necessarily incurred, which may accrue to, or be suered by such party
as a result of a third party’s act and/or omission and not as a result of such party’s act and/or omission, including but not limited to the following occurrences: photographic materials being damaged in processing, loss of photographic materials due to camera malfunction, loss of photographic materials in the mail, and photographic materials being stolen while outside the control of The Mirror Men.
FORCE MAJEURE
If The Mirror Men cannot perform or believes it may not be able to perform this Agreement in whole or in part due to a fire, natural disaster, act of war or terrorism (domestic or foreign), epidemic or pandemic (including COVID-19), action of any governmental authority (including a Government Order), national or regional emergency, other casualty, act of God, or other cause beyond the control of the parties or due to
Company’s illness or injury, whether or not foreseeable (“Force Majeure Event”), then Company will give notice to the Client as soon as reasonably practicable after Company determines that a Force Majeure Event will or may prevent Company from performing under this Agreement. Company shall have no obligation to perform under this Agreement and no liability for delays or failures to perform due to a Force Majeure Event, but Company may, in Company’s discretion, work with the Client to find an alternative date for the Event that is suitable to both Client and Company. To the extent the Parties cannot agree on a suitable replacement date consistent with Company’s availability, Company may also, in its sole discretion, refund fees paid to Photographer under the Agreement, less any amounts necessary to cover expenses and work (based on time spent by Company) already performed by Company related to the Event, including, but not limited to, pre-wedding communications, development of timelines, and preparation of gear for the Event (the “Refund Amount”).
HARASSMENT
If at any point during the event The Mirror Men’s staff feel physically unsafe or if sexually harassed by an event guest or guests, preventing them from safely completing their services, then The Mirror Men’s staff can immediately end the services and leave. If a guest or guests are rude, the staff will notify Client or Client’s representative and if the rude behaviour doesn’t stop then The Mirror Men’s staff will end the services and leave and Client will receive no refund or partial refund; at Company’s sole discretion.
MISCELLANEOUS
If any provision of these terms shall be unlawful, void, or for any reason unenforceable under Contract Law, then that provision, or portion thereof, shall be deemed separate from the rest of this contract and shall not affect the validity and enforceability of any remaining provisions, or portions thereof. This is the entire agreement between The Mirror Men and Client relating to the subject matter herein and shall not be modified except in writing, signed by both parties. In the event of a conflict between parties, Client agrees to solve any arguments via arbitration. In the event The Mirror Men is unable to supply a working photo booth for at least 85% of the Service Period, Client shall be refunded a prorated amount based on the amount of service received. If no service is received, The Mirror Men ’s maximum liability will be the return of all payments received from Client. The Mirror Men is not responsible for any consequential damages or lost opportunities upon breach of this agreement.
PHOTO BOOTH SPECIFIC
OUTDOOR EVENTS
The angle/direction of the sun will be a factor in photo quality if a photo booth is booked. A shaded area is therefore recommended. In case of poor weather, we do reserve the right to end service. Some of our equipment can become unresponsive if it becomes overheated or too cold. Therefore avoid direct sunlight or if it is going to be cold, that there are heaters provided for the area.
Not all of photo booths are able to be used outdoors. This will be discussed with Client should any issues arise. Failure to seek prior approval for an outdoor event which The Mirror Men state is not suitable will result in no refund.
PHOTOS TAKEN
The Mirror Men cannot be held responsible for inappropriate or offensive photographs or videos taken whilst using the photo booth. Where we notice such photographs or behaviour, we reserve the right to delete any images which we feel may cause offense or embarrassment. Further, The Mirror Men takes child protection issues very seriously and we have an “ethical code of practice” when photographing those under the age
of 18. We therefore reserve the right to decline to take or print any photograph which we feel may compromise the safety or reputation of the subject(s) involved – again, subject to our booth attendants noticing such photographs. We reserve the right to end the hire should these pictures continue.
MODEL RELEASE
Client agrees to, and understands the following: All guests using the photo booth hereby give The Mirror Men the right and permission to copyright and use, photographic portraits or pictures of any user who may be included intact or in part, made through any and all media now or hereafter known for illustration, art, promotion, advertising, trade, or any other purpose. In addition Client hereby releases, discharges and agrees to save harmless The Mirror Men, from any liability, that may occur or be produced in the taking of said picture or in any subsequent processing thereof, as well as any publication thereof, including without limitation any claims for libel or invasion of privacy. If Client does not agree, Client must inform The Mirror Men by emailing booking@themirrormen.co.uk with the subject “MODEL RELEASE OPT OUT” prior to the event. Client accepts without written acknowledgement,The Mirror Men has not received the client disagreement.
DIGITAL FILES
Digital files are subject to natural degradation and data corruption over time and it is Client’s sole responsibility to download and backup such files to prevent loss of data. As a courtesy, The Mirror Men stores digital files for one year after the event date, and then archives them o-site. Retrieval of images (if available) outside of one year from the event date will incur a £100.00 fee.
PRODUCT DELIVERY
The Mirror Men strives to deliver digital files within 2 weeks after a client’s event, but during times of high business levels, this may take longer.
CHILDREN
Client needs to remember that The Mirror Men is providing the specified service and not a baby sitting service. Whilst The Mirror Men will let everyone enjoy the booth client needs to remember that children need to be kept under control. Children love our photo booths and we love making everyone happy. In some cases, however, we may decide to enforce our “children under 13” policy in an effort to maintain order in and around the photo booth. The “children under 13” policy states that “Children under the age of 13 will not be permitted to utilise the photo booth without an adult present. The adult does not need to be in the photo with the child/children, but they must be supervising.” Although rarely enforced, we reserve the right to enforce this policy if circumstances introduce a need.
PHOTO LAYOUT DESIGN
The Mirror Men will email Client 7-10 days prior to the event to select a template. If no template is chosen we will provide one Deadlines are in place to ensure Client satisfaction. Our operations team prepares the equipment a week ahead of time to ensure any computer updates/repairs are addressed well in advance of Client’s event date. Should the template not be liked we will try our best to make changes but this is not always
possible. If the incorrect layout is chosen we will convert the template to match the specific booth and what it requires. No refunds will be given if the template is incorrect or not liked.
LICENSES
Client agree that Client/Venue holds all necessary authorisations, fees, licenses and/or permits as may be required or mandated by law.
The Mirror Men shall endeavour to be as flexible as possible to ensure the smooth operation of your event, The Client must understand that The Mirror Men may have additional Services to supply on the date of hire and flexibility may not always be an option should this affect other Services.
Thank you for booking with The Mirror Men.