Booking Terms

The following Terms and Conditions relate to Your booking(s) with MAGNIV Photomagnets Ltd (MAGNIV). They are to be used in conjunction with our Privacy Policy and any other agreements formed, not instead of.

Liability

1.1 MAGNIV accepts no liability for any injury or damage caused to a person, persons or property at your event.

1.2 This includes, but is not limited to, due to negligent practise, faulty equipment and/or unforeseen circumstances.

1.3 Neither MAGNIV nor any person(s) hired to work at your event will be held responsible for any damage caused.

1.4 As well as acknowledging 1.1-1.3, you agree to indemnify MAGNIV for any claims brought by attendees of your event; by other suppliers at the event and by the venue itself.

1.5 It is not MAGNIV’s responsibility to collect permission from person(s) (nor their legal guardians) to be photographed nor for those photographs to be published.

1.6 Entire Liability and Uniqueness of the Event: MAGNIV’s entire liability to You for any claim for damages, reimbursement or loss suffered, relating to or in any way arising out of MAGNIV’s performance, is limited to a refund of the service fee. Due to the uniqueness of each event, MAGNIV cannot guarantee delivery of any specifically requested product(s) and You further recognise and agrees that an entire event cannot be replicated, reenacted or repeated for the purpose of a reshoot and that MAGNIV has no obligation under this Agreement to do so.

1.6 Explicit Liabilities - in addition to but not limiting the aforementioned, MAGNIV shall not accept liability under any circumstances for:

1. Loss of or damage to property belonging to or travelling with the members of any group. (For example, watches, jewelry, cameras or clothing.)

2. Personal injury or death of any participants however caused unless by proven negligence of MAGNIV.

3. Your emotional distress, mental anguish, punitive damages, consequential damages, lost profits, loss of enjoyment, lost revenues and/or replacement costs.

Booking Fee

2.1 A 50% down-payment is required to confirm the booking. (Also referred to as The Booking Fee). MAGNIV may accept another booking if this has not been received or the Terms and Conditions are not agreed to in full.

2.2 The Booking Fee will be deducted from your total balance.

The remaining balance will then be payable 10 days before the event. In the event that you fail to pay the remaining balance within 5 days of the event date, MAGNIV may treat this agreement as if terminated by you.

2.3 Upon payment of the Booking Fee, MAGNIV will reserve the event date on behalf of The Client(s) and reject all other inquiries.

2.4 Thus, if for any reason the event is cancelled or postponed, all monies paid are not refundable nor transferable to a new date. To reserve a new date, a new Booking Fee will be required at the current rate.

2.5 If you fail to complete payment, but MAGNIV choose to provide the services as a gesture of goodwill, any further delay may result in an administration fee of £5.00 per working day and £10 per reminder email / phone call (max. 1 email and 1 phone call per week).

2.6 For organisations, including but not limited to corporations and charities, with accountancy departments who have a set monthly date to process payments, these conditions still apply unless you request an exemption in writing from MAGNIV, specify the payment date and receive confirmation from MAGNIV.

2.7 Should MAGNIV authorise an exemption for an organisation, any further delay beyond the specified date will result in the fees specified in 2.5.

2.8 Should MAGNIV be forced to seek legal means to reclaim monies owed, you will be responsible for all legal fees and associated costs. This includes but is not limited to lawyers, administration fees, staff salaries, transport (local, national and international), consultancy and communication costs.

Cancellation

3.1 You may cancel the event at any time before the day of the event and receive a refund of any payment made, excluding the Booking Fee.

3.2 You may cancel the event on the day but will receive a 50% refund excluding the Booking Fee. For example, if your Booking Fee was 50% and you cancel on the day, you will receive a refund of only 25% of the full amount.

3.3 Should the event be cut short for any reason, MAGNIV will be under no obligation to provide any refund nor extension of services.

3.4 In the unlikely event that MAGNIV is unable to perform to the guidelines of this contract due to an injury, illness, act of God, act of terrorism, or other cause beyond our control, then we will make every effort to secure a replacement. If the situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received for the contracted event.

3.5 Should MAGNIV cancel the booking for unexplained reasons and issue a full or partial refund, MAGNIV are not obligated to provide any further compensation, financial or otherwise.

3.6 Should MAGNIV for whatever reason, arrange a replacement by outsourcing, MAGNIV will ensure this replacement is of a generally equal level, based on MAGNIV’s professional assessment. Should this occur however, you acknowledge that there may be slight variations in the service provided.

3.7 In an instance of printing equipment failure once we are at the event venue and we cannot fix it nor replace it, we will complete the photography for the duration of the event and print the photos within 14 days. We will then deliver them to you free of charge.

Price

4.1 MAGNIV provide a personalised price for each client that enables MAGNIV to provide services to clients with different budgets, including charities. Therefore, you agree to keep the price quoted a secret.

4.2 MAGNIV regularly update and change prices and any quote given expires after 14 days unless otherwise stated.

4.3 MAGNIV reserve the right to increase the price of an event up to 30 days after the down-payment has been received, 180 days before the event, within reason. You have the right to cancel the event within 14 days of being informed of any price increase.

Service

5.1 MAGNIV will have at least one person attend Your event to take pictures, print them onto magnets and distribute them via a display board.

5.3 MAGNIV will keep producing magnets for the agreed time period until they run out of resources on site.

5.4 MAGNIV will provide You with access to branded digital copies of the images after the event.

5.5 In order to ensure enough time to print the magnets, MAGNIV will stop taking pictures at the discretion of the team leader.

5.6 In order to allow sufficient time for your guests to collect their magnets, MAGNIV will stop printing new magnets at the discretion of the team leader.

Your other responsibilities

6.1 The following are in addition to, and do not replace, any other obligations You have agreed to.

6.2 You will arrange a space or room away from the main event hall for the MAGNIV team to set up and print the magnets.

6.3 You will arrange a large, standard height table and two chairs to be in this space or room.

6.4 You will ensure there is access to two standard power sockets in this space or room.

6.5 You will ensure this space or room is well lit.  Failure to do so may affect the quality of the final product.

6.6 You will ensure there is free parking for two vehicles on-site. If this is not available you will inform MAGNIV as soon as possible and arrange access to loading bays.

Dispute Resolution, Applicability and Force Majeure

7.1 Should any disputes arise between the parties in connection with this Agreement, the parties shall use their best efforts to resolve the dispute through the negotiation between the parties.

7.2 Any such dispute not satisfactorily settled by negotiation, after 30 days, may be brought as a claim(s) by either party in a court of law having jurisdiction over the subject matter hereof.

7.3 The should MAGNIV prevail in any such dispute, they shall be entitled to recover its reasonable attorneys’ fees and costs incurred in connection with such dispute. This does not apply the other way round.

7.4 This contract will be governed by and construed in accordance with the English Law and shall be subject to the non-exclusive jurisdiction of the High Court in London.

7.5 In case any provision in this Indenture or in any Security or coupon shall be held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.

7.6 The due performance of this contract is subject to alteration or cancellation by either party owing to any cause beyond their control.

Photography, Printing, Standards and Ownership

8.1 Photographic coverage and the choosing of photos to print will be as MAGNIV’s professional expertise determines and that no one photograph will be deemed more important than another. Special requests are not binding instruction, although every effort is made to comply with your wishes.

8.2 MAGNIV will provide a pleasing colour balance but cannot guarantee exact colour matching owing to anomalous reflectance caused by a combination of certain dyes and materials especially man-made fibres. It is sometimes impossible to record photographically the exact colour as seen by the human eye.

8.3 MAGNIV do not guarantee splash-proof magnets, that the layers will not peel nor that the colour of the magnets will not fade over time.

8.4 In the unlikely event that digital files have been lost, stolen, or destroyed for reasons beyond MAGNIV’s control, including but not limited to camera, hard drive, or equipment malfunction, MAGNIV will attempt to make up for this by shooting new photos and printing them where possible and if necessary and possible, provide extra time of the service. However, if it is impossible to make up for the loss of photos, the limit of liability is no greater than the total sum paid for the event and will likely only be proportional to the number of photos lost.

8.5 Supplied photos remain the copyright and intellectual property of the MAGNIV. MAGNIV permit You to store/share/copy/print all images for personal/friends/family use only, subject to no commercial or financial gain.

8.6 You may not edit or change any picture provided to you by MAGNIV in any way without explicit authorisation for each change. This includes but is not limited to using filters, cropping and retouching. You may not cover-up, remove or crop out any watermark, logo, contact details or branding from MAGNIV.

8.7 MAGNIV may use pictures, videos and audio of Your event including participants for marketing purposes including publication on websites, facebook pages, printed media and samples given to prospective clients.

8.8 Should You wish to request that MAGNIV do not publish any photos, videos or audio from your event (including participants), You must issue a written instruction via email and confirm acknowledgement before making payment. There may be an extra charge for this at the discretion of MAGNIV.

Working Together

9.1 MAGNIV will endeavour to work harmoniously with your venue and other suppliers to ensure we all contribute together to making your event run smoothly.

9.2 You may not limit the MAGNIV team in the course of their work and neither may your suppliers. This includes directing where we can and cannot take photos. This is because this may decrease the quality of the final products and tarnish MAGNIV’s reputation. MAGNIV are highly experienced in working weddings and events with other photographers and videographers without blocking or interrupting their photos.

9.3 You may access MAGNIV’s insurance confirmation, Generic Risk Assessment and other documentation via the booking portal. It is your responsibility to provide these to the venue should they request it. Should MAGNIV be required to do so instead, there is a £25 administration fee per document.

9.4 VENUE EXCLUSION & ACCESS: You shall be obligated to obtain any and all necessary authorization from the property owner/representative of any location(s) where MAGNIV will be providing its services under this Agreement. You are responsible for confirming that the event venue or location allows the services being provided. If the event venue or location will not allow the listed services, and MAGNIV is informed of this more than 72 hours in advance of the event, MAGNIV shall be entitled to keep the retainer and neither party shall have any further liability or obligation under this Agreement. If the event venue or location will not allow the listed services, and MAGNIV is notified less than 72 hours in advance of the event or arrives on the day of the event to find that the services are not approved by the venue, then You will receive no refund or partial refund. MAGNIV may be limited by the rules and restrictions of the Event venue. You understand and agree that MAGNIV will abide by such rules and restrictions and that they are outside the control of MAGNIV. Negotiation with the venue with respect to modifying the rules and restrictions is the sole responsibility of the Client or Client’s representative, such as a wedding planner or event coordinator. You agree to hold MAGNIV harmless for the impact such rules and restrictions may have on performance of the Services.

It is the Client’s responsibility to ensure the proper venues contact information, address, name, and postcode for our attendants has been provided. We also require that the venue allows reasonable access for loading, and suitable parking once the booth and equipment has been unloaded. If parking for loading is restricted Client will be liable for any fines that occur as a result and or time used seeking a suitable location. We cannot be held responsible for any errors or delays resulting from incorrect or missing address details.

The information provided by the client in regards to event location, rental time, etc. at the time of the booking is the final information MAGNIV will reference when servicing the event. If any changes need to be made, it is the client's responsibility to notify MAGNIV in writing of such changes. MAGNIV is not responsible if any information that is inaccurately provided by the Client.

The Frame

10.1 MAGNIV will design a border (“the Frame”) for your magnets which You will be consulted on.

10.2 The Frame may include MAGNIV’s contact details and/or logo.

10.3 It is your responsibility to ensure there are no errors in the design of the frame, including spelling errors.

10.4 If You provide a logo to include in the frame, it is Your responsibility to ensure this is high-quality in .PNG format with a transparent background.

10.5 MAGNIV Graphic designers may edit your logo as necessary to make it suitable for the magnets.

10.6 Should you design your own frame, you are advised to follow the guidelines provided by MAGNIV.

10.7 Should you design your own frame, MAGNIV may edit it even after final confirmation to ensure the highest quality results.

10.8 Should you design your own frame, MAGNIV take no responsibility for the quality of the magnets printed.

10.9 You are requested to provide as much information as possible, as early as possible, to ensure the frame is exactly how you would like it. Revisions are limited to 3 in total.

10.10 MAGNIV reserve the right to use a different frame without reason or explanation.

11. Coronavirus (COVID 19) Update

11.1 Both parties acknowledge the ongoing COVID-19 crisis in the UK and accept their obligation to comply with any official guidance from the UK Government.

11.2 Both parties must communicate without delay any issues you may have in performing these obligations.

11.3 it is your responsibility to ensure your event and guests abide by and follow all COVID-19 regulations at the date and time of your event.

11.5 We and our staff, reserve the right to decide to abandon your event if we feel COVID-19 regulations are not being adhered to, without warning or prior discussion.

11.6 In the event that our staff leave as a result of rules and regulations not being followed, we will not offer refunds nor alternative services.

11.7 We may ask our staff to capture evidence (such as photographs and/or videos) of such regulations being breached but only if it is safe to do so and may leave without collecting evidence.

11.8 We understand that you may need to cancel or postpone your event as a result of restrictions changing. If you are forced to cancel due to a change in legal regulations, we will move your booking free of charge to the new date of your choice.

11.9 If we are unable to provide services on the new date, we will provide a full refund.

11.10 If your booking includes multiple dates or events and only one of them is required to be cancelled, you will receive a refund for that portion only.

11.11 Should your event result in a police fine or penalty against MAGNIV and/or our staff, you agree to indemnify MAGNIV and our staff for all costs incurred.

12. HARASSMENT DURING PROVISION OF SERVICES.

12.1 If at any point during the event MAGNIV’s staff feel physically unsafe or is sexually harassed by an event guest or guests, preventing attendant from safely completing performance, then MAGNIV’s attendant can immediately end the services and leave.

12.2 If a guest or guests are rude, the attendant will notify Client or Client’s representative and if the rude behavior doesn’t stop then MAGNIV’s attendant will end the services and leave.

12.3 MAGNIV will provide the products described above using the footage or images obtained before the incident and Client will receive no refund or partial refund; at MAGNIV’s sole discretion.