Never Forget Photo Terms and Conditions
Terms and Conditions of Sale or Rental
1. Payment: 1.1 A 50% non-refundable booking deposit is required at time of booking to reserve date and time for any booking package other than the DIY Photo Booth™. All payments are made to Never Forget Photo Inc.
1.2 Full payment is required at the time of booking for any DIY Photo Booth™ rental and is non-refundable.
1.3 Balance of payment, i.e. amount indicated on sales invoice minus deposit amount, due 10 business days prior to booking date, henceforth referred to as "payment deadline".
1.4 If balance is not paid prior to payment deadline, Never forget Photo Inc. reserves the right to withdraw from any applicable sales contract and the booking time and date will become available again bookings by others until/unless payment is made in full.
1.5 If balance is not paid prior to booking date, booking will be deemed as cancelled by the customer, Never Forget Photo Inc. will withdraw from any applicable sales contract and any paid amount will not be refunded, as outlined in section 2.1.
1.6 Payment can be made in full at time of booking either by cash or certified cheque.
1.7 Any payments made are non-refundable at any point.
2. Refundable Security Deposit: 2.1 A $500 refundable security deposit is required no later than 24 hours before a DIY Photo Booth™ is to be picked up or shipped out
2.2 A full refund with be given on the first business day after the rental has been returned l if there has not been any damage incurred by the booth in the clients possession and in the case of the DIY Photo Booth™ if is returned in the same time period that it was rented out for. If there is damage incurred to the booth during the rental period the security deposit will be withheld. If there is damage incurred by incorrect packing of a DIY Photo Booth for shipping the security deposit will be withheld.
2.3 Storage of the booth must be in a warm dry enclosed space. The booth cannot come in contact with any moisture, water or freezing temperatures and must be stored between 4-25 degrees Celsius. Storage of the booth in a vehicle of any kind other than for transportation is prohibited. If the DIY Photo Booth™ is subjected to these conditions in the care of the client all or part of the refundable security deposit can be withheld
2.4 All or part of the refundable security deposit may be withheld by Never Forget Photo Inc. by the discretion of the company
2.5 If damages exceed the $500 security deposit the client will be billed for the outstanding charges
2.6 If the refundable security deposit is not paid prior to pickup of the photo booth Never Forget Photo Inc. has the right to refuse the rental of the booth to the client.
3. DIY Photo Booth™ Damage and Refund Policy 3.1 Below is a list of items that if damaged on the DIY Photo Booth™ while in the possession of the client or are missing upon DIY Booth return the corresponding dollar value will be deducted from the refundable security deposit. 3.1.1 DIY Booth foot - $25.00
3.1.2 DIY guide and Key $30.00
3.1.3 DIY Key $10.00
3.1.4 Cracked or broken screen/tablet - $500.00
3.1.5 Broken Camera or Camera Lens- $500.00
3.1.6 Broken Light - $50.00/Light
3.1.7 Printer Damaged beyond repair - $500.00
3.1.8 Electrical cord damaged - $50.00
3.1.9 Scratch/Dent on the outside of the DIY Photo Booth™ - $50.00-$500.00
3.1.10 If damages exceed the $500 security deposit the client will be billed for the outstanding charges
4. Technical Support/Issues for DIY Photo Booths™ 4.1 If there are any issues with the DIY Photo Booth™ first refer to the restart guide you are given with the rental. If the problem is not solved by a restart, you must call technical support at 1-888-501-0199 ext. 200 for any issue/s that occur to the DIY Photo Booth™. Trying to fix the issue on your own could compound the issue or result in damage to the booth which the renter will be liable for. Do not remove any portion of the booth without first consulting technical support. If any portion of the booth is removed without consulting technical support the refundable security deposit may be withheld and any initial issues are no longer the responsibility of Never Forget Photo Inc.
4.2 If Never Forget Photo Inc. technical support is not contacted for any performance issues that occur during a DIY Photo Booth™ rental Never Forget Photo Inc. has the right to refuse any refund or offer compensation
5. Cancellations: 5.1 In the event of a cancellation by the customer: 5.1.1 Never Forget Photo will no longer be bound by any applicable sales contract.
5.1.2 No refunds of payment already made will be given.
5.1.3 If in an extenuating circumstance a refund will be given a $75 administration fee will be kept
5.1.4 If only the booking deposit has been paid, the remaining invoice balance will not be charged.
5.2 In the event of a cancellation by Never Forget Photo: 5.2.1 Never Forget Photo will no longer be bound by any applicable sales contract.
5.2.2 Any and all payment already made will be refunded in full, including in this case, the booking deposit.
6. Contract: 6.1 By selecting accept on when ordering a DIY Photo Booth™ you are agreeing to the terms and conditions of Never Forget Photo Inc. as a contract in of itself
6.2 By signing any paper contract or booking the DIY Photo Booth™ online with Never Forget Photo Inc. you are agreeing to the terms and conditions of Never Forget Photo as a contract in of itself
6.3 At time of booking a rental other than the DIY Photo Booth™ a sales contract may be presented to the customer by Never Forget Photo Inc.. This contract may state: booking time, date and location, payment amount to be made and details of service to be provided by Never Forget Photo Inc.. This contract must be signed by the customer and returned to Never Forget Photo Inc. with a booking deposit as outlined in section 1.1. Only upon receipt of a signed contract and booking deposit or booking a DIY Photo Booth™ online will a date and time be reserved for the customer.
6.4 Until a signed contract is received by Never Forget Photo Inc. or the DIY Photo Booth™ is booked online the booking date and/or time indicated in the contract will remain available for others, regardless whether or not a deposit has been received
6.5 Once a booking deposit and signed contract are received or the DIY Photo Booth™ is booked online, Never Forget Photo Inc. will provide the customer with a sales receipt which will serve as confirmation of booking.
6.6 Never Forget Photo Inc. will not be bound by any other terms or conditions unless otherwise noted on the sales contract.
7. Non-Performance: 7.1 In the event that Never Forget Photo Inc. cannot fulfill the services outlined in the sales contract the following applies: 7.1.1 If Never Forget Photo Inc. cannot attend a full service booked event for whatever reason a refund for the full invoice amount will be given to the customer.
7.1.2 If Never Forget Photo Inc. cannot provide a service listed in the sales contract, the customer will be refunded an amount deemed by Never Forget Photo Inc. to be representative of the value of said service.
7.1.3 If the full service Never Forget Photobooth is not operational due to a malfunction for more than one hour during the booking time a refund for the invoice amount minus the booking deposit will be given to the customer.
7.1.4 If the full service Never Forget Photobooth is not operational due to a malfunction for >50% of the booking time a refund for the full invoice amount will be given to the customer.
7.1.5 If the Never Forget Photobooth is not operational due to damage caused as a result of being at the event no refund will be given.
8. Copyright: 8.1 All photos taken by the Never Forget Photobooth become the property of Never Forget Photo Inc.
9. DIY Shipping (if applicable) 9.1 If you have a DIY Photo Booth that is shipped to you when packaging up the DIY photo booth for return shipping you must package the DIY Photo Booth in the same way that it was shipped in.
9.2 When preparing box for shipping back to NFP use the foam inserts to fit on either side of the DIY. The feet of the DIY go inside the foam pieces. It may require 2 people to pack the DIY up.
9.3 The third foam piece must go in front of the front/monitor side of the DIY photo booth between the monitor and the box.
9.4 If there are any damages incurred by incorrect packaging while being shipped all of your refundable security deposit may be withheld. If there are additional damages that are over and above the $500 refundable security deposit, the client of the DIY Photo Booth rental will be charged.
10. Applicable Law:
10.1.1 The rights and obligations of the parties shall be governed by the laws of the Province of Ontario, Canada.
10.2 To the fullest extent permitted by law, the client agrees to defend (including legal fees), pay on behalf of, indemnify, and hold harmless Never Forget Photo Inc, its elected and appointed officials, employees and volunteers and others working on behalf of Never Forget Photo Inc. against any and all claims, demands, suits or loss, including all costs connected therewith, and for any damages which may be asserted, claimed or recovered against or from Never Forget Photo Inc., its elected and appointed officials, employees, volunteers or others working on behalf of Never Forget Photo Inc., by reason of personal injury, including bodily injury or death and/or property damage, including loss of use thereof, which arises out of or is in any way connected or associated with this contract.
11. Effective Date: 11.1 These terms and conditions are effective as of October 1, 2010
11.2 Revised January 29, 2013
11.3 Revised October 7 2015
11.4 Revised November 23 2015
11.5 Revised July 11 2016
11.6 Revised August 22 2016
11.7 Revised October 18 2017
11.8 Revised January 22 2018
11.8 Revised July 3 2018
11.9 Revised May 1 2019