TERMS & CONDITIONS OF SERVICE FOR
PROPEL PHOTO BOOTHS
Effective Date: 20th March 2018
Terms and Conditions are the standard conditions by which Propel Industries Pty Ltd, Create Space, St Johns Rd, Sea Point, Cape Town, 8005 (the “Supplier”) agrees with the Client (the “Client”) to supply the Service specified in this Agreement. These Terms and Conditions constitute the whole Agreement between the Client and Supplier. This Agreement supersedes all prior Agreements. These Terms and Conditions can only be varied if expressed in writing by the Supplier.
DEFINITIONS:
In these Terms and Conditions the words below will bear the meaning indicated.
Agreement: Terms and Conditions of service.
Service: Supply of the photo booth hire at the Event.
Booking Fee: Fee agreed for the service
Event: Event date, location and hire period.
Photo Booth running performance during 'live times'
Propel agrees to have a Photo Booth operational for a minimum of 85% of time during your hire period; operations may need to be interrupted for maintenance of the photo booth (eg re-stocking photo paper or adjusting lighting).
Payment:
50% non-refundable deposit is required in order to secure your booking. The remainder is payable 1 month before the booking date. For corporate activites longer than the standard 3-8hr hire we may require a higher deposit level.
If the operator has to use the equipment for a time period in excess of the hire period agreed, the additional time will be billed to the customer at the following rates:
R 1200.00 per additional hour of use.
Idle hours are charged at R350.00 per hour.
Payment for any additional time required must be paid before any additional hours are provided.
Access, Space & Power for the Photo Booth
The Customer will arrange for an appropriate sized space for the relevant Photo Booth or Selfie Pod at the event venue.
We would also request that a table be provided for some of our equipment.
The Customer is responsible for providing adequate power. We do not carry battery inverters or generators as they are not suitable for our sensitive equipment. In the event of load shedding it is the customers responsibility to provide alternative power. In the event of an unexpected power outage Propel will work with the customer to find an amicable solution.
Network coverage
Propel cannot be held liable for poor network signal at your venue. Please ensure coverage is suitable before the events starts. We currently use the Vodacom network as it is rated the best in South Africa. If you are aware of a better network signal at your venue please notify us beforehand and we will make arrangements to switch.
Date Changes & Cancellations
Any request for a date change must be made in writing at least thirty days (30 days) in advance of the original event date. Change is subject to equipment availability and receipt of a new booking agreement. If there is no availability for the alternate date, the deposit shall be forfeited and the event cancelled.
Any cancellation will forfeit any deposit payment made.
Your deposit is non-refundable, however we will move your hire date if possible.
Your final payment is non-refundable.
Damage To Provider's Equipment
The Customer acknowledges that it shall be responsible for any damage or loss to Propels equipment caused by any misuse of the Provider's Equipment by the Customer or its guests.
Weather
Our Selfie Towers, print stations and other equipment are not waterproof and therefore not particularly suitable for outdoor use when the weather conditions are not ideal or suspected not to be. It is the customers responsibility to provide shelter/covering for the equipment. No refunds shall be issued in the event of rain. We will however (if suitable) relocate indoors.
Printer failure: In the event of a printer malfunction we shall reprint your unprinted photos and deliver them to you, free of charge.
Indemnification
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The Customer agrees to, and understands the following:
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The Customer will indemnify the Provider against any and all liability related to the Customer's Event during or after Customer's event. The Customer will indemnify the Provider from the time of service and on into the future, against any liability associated with the Customer.
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The Customer will indemnify the Provider against any and all liability associated with the use of any pictures taken within the Photo Booth, by its representatives, employees or affiliates at the Customer's event.
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Customer agrees to the following statement:
The Instant ‘social media’ Sharing via venue wifi is a free additional service. if for any reason the wifi is not working or available, the Customer is not entitled to any sort of refund. We can supply our own Data for your event at cost of R500 per day/event.
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The Customer agrees to, and understands the following:
All guests using the photo booth hereby give to Propel: The right and permission to copyright and use all photographic portraits or pictures and email addresses of any photo booth 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, I hereby release, discharge and agree to save harmless Propel, 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.
These Terms and Conditions are governed by South African law and are subject to the exclusive jurisdiction of the South African Court.
TERMS & CONDITIONS OF SERVICE FOR
PROPEL PHOTO BOOTHS - ARTIFICIAL INTELLIGENCE PHOTO BOOTH
Effective Date: 15 October 2024
1. Introduction
Propel Photo Booths ("we," "us," "our") provides photo booth rental services for various events, including social gatherings, corporate events, and weddings.
This Terms and Conditions agreement ("Agreement") governs the use of our services, including the AI Photo Booth, and outlines the responsibilities and liabilities of both the client ("you," "your") and Propel Photo Booths.
2. Services Provided
Propel Photo Booths offers photo booth rental services that allow event guests to take photographs. We also provide an AI Photo Booth feature, which utilises third-party software to create themed transformations of images taken at the photo booths.
3. Use of AI Photo Booth
You acknowledge that the images produced by the AI Photo Booth may differ from your expectations due to the nature of AI-generated content. While we strive to ensure the images are appropriate and suitable, we cannot guarantee that the images will meet specific criteria or preferences, as we do not have control over the AI software's output.
4. Client Responsibility
It is your responsibility to inform your guests that the images taken with the AI Photo Booth will be processed using third-party AI software, which may produce unexpected or unconventional results. You agree to obtain the necessary permissions from your event guests to use their images for processing through our AI Photo Booth.
5. Indemnification
Propel Photo Booths uses third-party AI software to generate photo outputs. While we strive to ensure the accuracy and appropriateness of these outputs, we cannot guarantee that the AI will always produce the desired results. The AI may occasionally generate unintended or unexpected content.
You agree to indemnify and hold harmless Propel Photo Booths, its employees, agents, and affiliates from any and all claims, liabilities, damages, and expenses, including legal fees, arising from:
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Any use of the AI Photo Booth at your event;
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Any inappropriate or unintended AI-generated content produced by the AI Photo Booth;
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Any disputes or claims from guests related to the AI-generated images.
Propel Photo Booths is not responsible for any third-party software malfunctions, errors, or inappropriate image outputs that may occur during the use of the AI Photo Booth. We aim for 80% accuracy in the AI-generated content but cannot guarantee complete control over the output. However, guests are encouraged to take unlimited photos and request new outputs if they are not satisfied.
6. Limitations of Liability
To the maximum extent permitted by law, Propel Photo Booths shall not be liable for any indirect, incidental, special, or consequential damages arising out of or related to the use of our AI Photo Booth, including but not limited to:
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Loss of profits or revenues;
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Damage to reputation;
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Any claims made by guests related to image content.
Our liability for any direct damages, in any case, shall not exceed the total amount paid by you for the rental of the AI Photo Booth.
7. Third-Party Software
You acknowledge that the AI Photo Booth feature relies on third-party software, which we do not own, control, or maintain. We make no warranties or representations regarding the functionality, availability, or performance of any third-party software used in the AI Photo Booth.
8. Image Ownership and Usage Rights
You retain ownership of the original images taken at the event. By using our AI Photo Booth, you grant us the right to process, display, and share AI-transformed images for promotional purposes.
9. Data Protection and Privacy
We are committed to protecting your privacy and complying with applicable data protection laws. Please refer to our Privacy Policy for more information on how we collect, use, and protect your data.
10. Amendments
We reserve the right to update or amend these Terms and Conditions at any time. Any changes will be posted on our website, and continued use of our services after such changes constitutes acceptance of the revised terms.
11. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of South Africa, without regard to its conflict of law principles.
Any disputes arising out of or related to this Agreement shall be subject to the exclusive jurisdiction of the courts of South Africa.
12. Contact Information
If you have any questions or concerns about these Terms and Conditions, please contact us at:
Propel Photo Booths Website: www.propel.media | Email: sales@propel.media
By hiring our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.