CORPORATE ACTIVATION TERMS & CONDITIONS
PhotoboothsLondon.co.uk
A trading name owned by CAFIT LTD
Company Number: 12642045
Registered Office: 76a Edgware Way, Edgware, England, HA8 8JS
These Terms apply to all corporate, brand activation, exhibition, and commercial event services provided by CAFIT LTD ("the Company").
All contracts are entered into with CAFIT LTD.
1. CONTRACT FORMATION
1.1 A binding contract is formed when BOTH of the following occur:
- (a) Written acceptance of our proposal/quotation (email acceptance is sufficient); AND
- (b) Receipt of valid Purchase Order from an approved account OR written confirmation accepting these payment terms
1.2 For the avoidance of doubt:
- Verbal agreements are not binding
- Proposals expire 30 days from issue unless otherwise stated
- Work preparation will not commence until contract is formed
1.3 Where a Purchase Order is issued, these Terms prevail unless a written variation is signed by a director of CAFIT LTD.
2. SERVICES
2.1 Services may include (but are not limited to):
- Photo booth installations
- 360 video booths
- AI-powered experiences
- Branded set builds
- Data capture activations
- Exhibition stand integrations
- Multi-day campaign deployments
- Custom game experiences and interactive installations
2.2 Deliverables are as defined in the approved proposal or statement of work.
2.3 BACKEND DEVELOPMENT & PREPARATION:
The Client acknowledges that significant work commences immediately upon contract formation, including:
- Creative concept development
- Technical specification and configuration
- Software customisation and AI workflow design
- Artwork design and client liaison
- Resource planning and staff allocation
- Equipment preparation and quality control
- Logistics coordination
2.4 VARIATIONS & ADDITIONAL SERVICES:
- (a) Any requests beyond the agreed scope require a written variation order
- (b) Additional costs will be quoted and must be approved in writing before proceeding
- (c) Timeline adjustments may apply to scope changes requested within 14 days of event
- (d) Changes requested within 7 days of event may incur rush fees of up to 50% of the variation value
3. PAYMENT TERMS
3.1 STANDARD PAYMENT TERMS:
- Full payment must be received in cleared funds minimum 28 days before the event date
- Payment methods: Bank transfer (preferred), company credit card, or BACS
- Cheques must clear minimum 35 days before event date
3.2 NEW CLIENT TERMS:
- First-time clients may be required to pay full amount on booking confirmation
- Company reserves the right to request payment on booking for high-value contracts (£5,000+)
3.3 APPROVED CREDIT ACCOUNTS:
- Established clients with approved credit terms may be invoiced with payment due 14 days from invoice date
- Credit terms are subject to status and may be withdrawn at Company's discretion
- Credit limits apply and will be communicated in writing
3.4 LATE PAYMENT:
- If full payment is not received 28 days before event, Company reserves the right to:
- (a) Cancel the booking and retain 50% of the total fee as cancellation charge; OR
- (b) Proceed with service delivery subject to immediate payment of total fee plus 25% late payment surcharge
3.5 Late payments will incur:
- Statutory interest under the Late Payment of Commercial Debts (Interest) Act 1998
- Fixed compensation for debt recovery (£40-£100 depending on debt size)
- Suspension of future services until account is settled
3.6 All pricing is subject to VAT at the prevailing rate unless otherwise stated.
3.7 The Company reserves the right to adjust pricing if:
- Event date is moved beyond 90 days from original booking
- Material costs increase by more than 15% between booking and event date (with evidence provided)
4. CANCELLATION & TERMINATION
4.1 NO REFUND POLICY:
The Client acknowledges that all payments are non-refundable due to the backend-heavy nature of our services. Significant creative, technical, and operational work commences immediately upon booking, including concept development, technical configuration, design work, and resource allocation.
4.2 CANCELLATION BY CLIENT:
In the event of cancellation, NO CASH REFUNDS will be provided. Instead, credit notes will be issued as follows:
- 60+ days before event – Credit note for 50% of total payment
- 30-59 days before event – Credit note for 35% of total payment
- 14-29 days before event – Credit note for 20% of total payment
- Under 14 days – No credit note issued (100% retention)
4.3 UNRECOVERABLE COSTS:
Where custom fabrication, branding, printing, or third-party costs have been incurred, these amounts will be deducted from any credit note issued. This includes but is not limited to:
- Bespoke branded overlays and graphics
- Custom physical builds or props
- Third-party equipment hire
- Non-refundable venue deposits paid on Client's behalf
- Specialist materials ordered for specific activation
4.4 POSTPONEMENT:
- Events may be postponed once without penalty if:
- (a) Notice given minimum 30 days before original event date; AND
- (b) New date confirmed within 180 days of original date; AND
- (c) New date is available in Company's schedule
- Full payment retained and applied to new date
- Second or subsequent postponements treated as cancellations subject to Section 4.2
4.5 CANCELLATION BY COMPANY (CLIENT BREACH):
The Company may terminate immediately and retain all payments received if:
- (a) Client breaches payment terms under Section 3
- (b) Client provides false or misleading information
- (c) Staff safety is compromised or threatened
- (d) Venue conditions render service impossible, unsafe, or illegal
- (e) Client breaches confidentiality obligations
- (f) Client enters insolvency, administration, or liquidation
4.6 CANCELLATION BY COMPANY (COMPANY INABILITY):
If the Company cancels due to its own inability to perform (excluding Force Majeure):
- (a) Credit note for 100% of payment received, valid for 36 months; OR
- (b) Alternative date/solution at no additional cost
Company liability is limited to credit note or replacement service only – no consequential losses.
5. CLIENT RESPONSIBILITIES
5.1 The Client must provide minimum 14 days before event:
- Accurate load-in and load-out times
- Venue access details and restrictions
- Contact details for on-site venue manager
- Details of any venue compliance requirements
- Proof that venue has adequate public liability insurance
5.2 The Client must ensure:
- Step-free access to setup location OR lifting equipment if agreed in advance
- Sufficient power supply (13A socket within 10m unless otherwise specified)
- Safe working conditions meeting UK health and safety standards
- Private changing/storage area for staff if service exceeds 4 hours
- All brand approvals are provided on agreed timelines
5.3 DELAYS & OVERRUNS:
- Delays caused by Client, venue, or third parties do not extend service hours
- If Company staff are kept on-site beyond agreed finish time due to Client/venue delays, overtime will be charged at £75 per staff member per hour (or part thereof)
5.4 Access delays exceeding 30 minutes may result in reduced service time or cancellation without refund or credit.
6. BRANDING & APPROVALS
6.1 All artwork and branding must be approved in writing before production commences.
6.2 The Client is responsible for:
- Trademark permissions and intellectual property clearances
- Brand guideline accuracy
- Legal disclaimers and regulatory compliance
- Final proofreading of all materials
6.3 COMPANY-SUPPLIED ARTWORK:
- Client must review and approve designs in writing within 5 working days
- Client approval constitutes acceptance of design accuracy and suitability
- No refunds or credits for client-approved designs
- Company will rectify clear production errors at its own cost
6.4 CLIENT-SUPPLIED ARTWORK:
- Company is not liable for errors, poor quality, or compliance issues in Client-supplied materials
- Artwork must meet technical specifications provided (resolution, file format, colour space)
- Reprinting due to Client artwork errors will be charged at cost plus 20% handling
6.5 ARTWORK DELAYS:
- Late approval of artwork may impact delivery timelines
- Rush production charges may apply if approvals received within 10 days of event
7. DATA PROTECTION & LEAD CAPTURE
7.1 DATA CONTROLLER & PROCESSOR ROLES:
- For activations involving personal data capture, the Client acts as Data Controller
- CAFIT LTD acts as Data Processor operating under Client's instructions
7.2 The Client is responsible for ensuring:
- Lawful basis for processing (consent, legitimate interest, etc.)
- Clear and compliant privacy notices displayed at activation
- Marketing consent is obtained lawfully
- Full compliance with UK GDPR and Data Protection Act 2018
- Data subject rights can be fulfilled
7.3 COMPANY OBLIGATIONS AS PROCESSOR:
- Process data only on documented Client instructions
- Implement appropriate technical and organisational security measures
- Notify Client of any personal data breach within 24 hours of discovery
- Assist Client with data subject access requests where reasonably possible
- Delete or return data as instructed
7.4 DATA RETENTION & DELETION:
- Event data will be securely deleted within 90 days of event completion unless:
- (a) Client requests extended retention in writing; OR
- (b) Retention is required by law or legitimate business purposes
- Client may request immediate data deletion in writing at any time
7.5 Where processing involves special category data or children's data, a separate Data Processing Agreement will be issued and must be signed before service delivery.
8. INTELLECTUAL PROPERTY
8.1 COMPANY IP OWNERSHIP:
The following remain the exclusive intellectual property of CAFIT LTD:
- Creative concepts and activation mechanics
- Software, AI models, and technical workflows
- Overlay designs and interface templates
- Backend systems and databases
- Experiential frameworks and methodologies
- Technical documentation and processes
8.2 Clients may not:
- Replicate, reverse engineer, or recreate activation concepts
- Share technical specifications with competitors
- Reuse Company systems or workflows without written license
8.3 CONTENT OWNERSHIP:
- (a) Photos, videos, and data captured during activation: Client owns content and grants Company a perpetual, royalty-free license to use for portfolio and marketing purposes unless embargo agreed in writing
- (b) Client brand assets, logos, and trademarks: Remain Client property. Company may use solely for delivery of services and portfolio presentation
- (c) Company reserves right to create anonymised case studies removing Client branding
8.4 PORTFOLIO USE:
- Company may photograph installation and activation for marketing purposes
- Embargoed campaigns must be declared in writing minimum 7 days before event
- Client may request content removal from portfolio within 30 days of event
9. HEALTH, SAFETY & COMPLIANCE
9.1 INSURANCE & CERTIFICATION:
CAFIT LTD maintains:
- Public Liability Insurance: £10,000,000
- Employers' Liability Insurance: £10,000,000
- PAT testing certification for all electrical equipment
- Copies available on request
9.2 RISK ASSESSMENTS:
- Generic risk assessments and method statements available on request
- Site-specific risk assessments may be required for high-risk venues (charged at £150 if required)
- Client must notify Company of specific venue hazards minimum 14 days before event
9.3 VENUE COMPLIANCE:
- Client must inform Company of all venue-specific requirements (inductions, permits, security checks)
- Additional compliance costs will be passed to Client
- Company reserves right to withdraw from unsafe venues
9.4 EQUIPMENT SAFETY:
- All equipment maintained to manufacturer standards
- Company not liable for injuries caused by misuse, unauthorised operation, or guest behaviour
- Client responsible for crowd management and guest supervision
10. FORCE MAJEURE
10.1 Neither party is liable for failure to perform due to events beyond reasonable control, including:
- Government restrictions, lockdowns, or public health orders
- Venue closure or denial of access
- Transport disruption preventing service delivery
- Power failure or utility interruption
- Severe weather making safe delivery impossible
- Terrorism, war, civil unrest, or riot
- Fire, flood, or natural disaster
10.2 NOTICE & MITIGATION:
- Affected party must notify the other within 24 hours
- Reasonable efforts will be made to mitigate impact
- Services may be rescheduled by mutual agreement
10.3 FORCE MAJEURE CANCELLATIONS - CREDIT NOTE POLICY:
Due to the significant backend work invested in every activation (creative development, technical configuration, design, planning), NO CASH REFUNDS are provided under any circumstances, including Force Majeure events.
If event cancelled due to Force Majeure, credit notes will be issued as follows:
(a) 30+ days before event:
- Credit note for 60% of total payment
- Valid for 36 months from issue date
- Unrecoverable third-party costs deducted from credit value
(b) 14-29 days before event:
- Credit note for 40% of total payment
- Valid for 36 months from issue date
- Unrecoverable third-party costs deducted from credit value
(c) Under 14 days before event:
- Credit note for 25% of total payment
- Valid for 36 months from issue date
- Unrecoverable third-party costs deducted from credit value
10.4 CREDIT NOTE TERMS:
- Credit notes are non-transferable and may only be used by the issuing Client organisation
- Credit may be used for any service offered by the Company
- Credit note value is inclusive of VAT
- NO CASH ALTERNATIVE – credits cannot be exchanged for cash under any circumstances
- Multiple credit notes may be combined for a single booking
10.5 CREDIT NOTE EXPIRY & DIMINISHING VALUE:
- Credit notes are valid for 36 months from date of issue
- After 24 months, credit value reduces by 10% every 3 months as follows:
- Months 1-24: Full credit value
- Months 25-27: 90% of credit value
- Months 28-30: 80% of credit value
- Months 31-33: 70% of credit value
- Months 34-36: 60% of credit value
- After 36 months: Credit note expires completely with zero value
- Company will send reminder emails at 18 months, 24 months, and 30 months
- Client is responsible for monitoring credit expiry dates
- No extensions granted except in exceptional circumstances at Company's sole discretion
10.6 CLIENT EVENT INSURANCE:
- Clients are STRONGLY ADVISED to obtain event cancellation insurance
- This insurance should cover cancellation due to Force Majeure events
- Where Client holds event cancellation insurance, the full invoice amount remains payable to the Company
- Client claims refund directly from their insurer
- Company will provide all necessary documentation to support insurance claims at no charge
10.7 POSTPONEMENT ALTERNATIVE (PREFERRED OPTION):
- Client may elect to postpone event to alternative date within 36 months instead of receiving credit note
- This is the preferred option as it protects both parties
- Full payment retained and applied to new date
- Subject to availability in Company's schedule
- No additional charges apply for first postponement due to Force Majeure
- No diminishing value applies when postponing (unlike credit notes)
11. LIMITATION OF LIABILITY
11.1 LIABILITY CAP:
- Company's total liability under this contract is limited to the total fees paid or payable under the contract
- This applies to all claims in aggregate, whether in contract, tort (including negligence), breach of statutory duty, or otherwise
11.2 EXCLUDED LOSSES:
The Company shall not be liable for:
- Indirect or consequential losses
- Loss of profit, revenue, or business opportunity
- Loss of goodwill or reputation
- Campaign underperformance due to external factors (low footfall, weather, competing events)
- Network, internet, or connectivity failures beyond Company's control
- Data loss where Client failed to provide backup instructions
- Losses arising from Client's failure to meet obligations under Section 5
- Any losses that could have been mitigated by event cancellation insurance
11.3 EQUIPMENT MALFUNCTION:
- In the event of equipment failure, Company will use reasonable efforts to repair or replace
- If repair impossible, liability limited to pro-rata credit note for non-operational time
- No liability for temporary technical issues resolved within service period
11.4 STATUTORY EXCLUSIONS:
Nothing in these Terms excludes or limits liability for:
- (a) Death or personal injury caused by negligence
- (b) Fraud or fraudulent misrepresentation
- (c) Breach of obligations implied by Section 2 of the Supply of Goods and Services Act 1982
- (d) Any other liability that cannot be excluded or limited by English law
12. EQUIPMENT DAMAGE & LOSS
12.1 OWNERSHIP:
- All Company equipment remains the property of CAFIT LTD at all times
- Client has no right to remove, relocate, or modify equipment without written consent
12.2 CLIENT RESPONSIBILITY:
Client is liable for loss or damage to Company equipment caused by:
- (a) Client personnel, contractors, or guests
- (b) Venue conditions outside Company's reasonable control
- (c) Theft, vandalism, or malicious damage where Client failed to provide agreed security measures
- (d) Unauthorised operation or tampering
12.3 DAMAGE CHARGES:
- Repair costs invoiced at actual cost plus 20% handling fee
- Items beyond economic repair charged at current replacement value
- Loss of use charges may apply for specialist equipment (£150 per day)
12.4 INSURANCE:
- Client must ensure venue insurance covers third-party equipment
- Company reserves right to request proof of venue insurance
12.5 OVERNIGHT STORAGE:
- For multi-day events, equipment security responsibility must be agreed in writing
- Unless otherwise agreed, Client responsible for overnight security
- Company not liable for damage/theft outside operational hours unless caused by Company negligence
13. CONFIDENTIALITY
13.1 CONFIDENTIAL INFORMATION includes:
- Commercial terms and pricing
- Campaign strategy and activation mechanics
- Technical specifications and workflows
- Sensitive business information
- Pre-launch product information
- Attendee data and analytics
13.2 Both parties agree to:
- Maintain strict confidentiality
- Use information solely for contract performance
- Not disclose to third parties without written consent
- Implement reasonable security measures
13.3 EXCEPTIONS:
- Information already in public domain
- Required disclosure by law or court order
- Disclosure to professional advisors under equivalent confidentiality obligations
13.4 Confidentiality obligations survive contract termination indefinitely.
14. MARKETING & PUBLICITY
14.1 PORTFOLIO RIGHTS:
Unless otherwise agreed in writing, Company may:
- Photograph installation and event activation
- Use non-sensitive imagery for portfolio, website, and marketing materials
- Create case studies (with or without Client identification)
- Share on social media platforms
14.2 EMBARGOED CAMPAIGNS:
- Must be declared in writing minimum 7 days before event
- Embargo period to be specified
- Company will not publish any content until embargo lifted
14.3 CLIENT APPROVAL:
- Client may request approval rights over specific content
- Approval requests must be made in writing before event
- Company will provide content for review within 14 days of event
- Client must respond within 7 days or content deemed approved
14.4 TESTIMONIALS & REFERENCES:
- Company may request testimonial or act as reference for future clients
- Client may decline without affecting service delivery
15. OUTDOOR & WEATHER-DEPENDENT ACTIVATIONS
15.1 OUTDOOR REQUIREMENTS:
For outdoor events, Client must provide:
- Weather protection/covered area if specified in risk assessment
- Secure power supply with weatherproof connections
- Adequate shelter specifications confirmed in writing minimum 14 days before event
- Ground conditions suitable for equipment setup
15.2 WEATHER CONTINGENCY:
Company reserves the right to:
- Cease operations if weather conditions become unsafe (high winds, lightning, flooding)
- Require relocation to covered area mid-event
- Deploy alternative equipment configuration for weather protection
15.3 NO WEATHER REFUNDS OR CREDITS:
- No refunds or credit notes provided for weather-related service suspension beyond Company's reasonable control
- Partial credit notes may be considered if service delivery reduced by more than 75% due to weather
- Client strongly advised to obtain event cancellation insurance for outdoor activations
16. MULTI-DAY & EXHIBITION INSTALLATIONS
16.1 MULTI-DAY SETUP:
- Installation timeline to be agreed in writing
- Early access charges may apply for setup outside standard hours
- De-rig timeline must accommodate Company's schedule
16.2 OVERNIGHT SECURITY:
- Storage responsibility must be clarified in writing before event
- Unless specifically agreed otherwise, overnight security is venue's/Client's responsibility
- Company may remove equipment overnight if adequate security not provided
16.3 EXHIBITION STAND INTEGRATION:
- Client responsible for ensuring stand build accommodates equipment dimensions
- Company must receive stand plans minimum 21 days before build
- Changes to stand layout affecting equipment placement may incur relocation charges
16.4 STAFFING FOR MULTI-DAY EVENTS:
- Staff rotation schedules to be agreed in advance
- Adequate rest breaks and facilities must be provided
- Minimum 8-hour break between shifts for same staff member
17. DISPUTE RESOLUTION
17.1 ESCALATION PROCESS:
Before commencing legal proceedings, parties agree to:
- (a) Notify dispute in writing with full details
- (b) Allow 14 days for good faith negotiation
- (c) Consider mediation through independent mediator (costs shared equally)
17.2 SENIOR MANAGEMENT REVIEW:
- Disputes to be escalated to director level for resolution attempt
- Both parties to attend without prejudice meeting within 21 days
17.3 URGENT RELIEF:
- This process does not prevent either party seeking urgent injunctive relief or other emergency court orders
17.4 COSTS:
- Mediation costs shared 50/50
- Legal costs follow standard court principles
18. GENERAL PROVISIONS
18.1 ENTIRE AGREEMENT:
- These Terms, together with the proposal/quotation and any signed variations, constitute the entire agreement
- No verbal agreements or representations are binding
18.2 VARIATIONS:
- Must be agreed in writing and signed by authorised representative of both parties
- Email variations acceptable if from authorised signatory
18.3 SEVERABILITY:
- If any provision is found invalid or unenforceable, remainder continues in full effect
- Invalid provision replaced with valid provision achieving closest commercial effect
18.4 WAIVER:
- Failure to enforce any right does not constitute waiver
- Waiver of one breach does not waive subsequent breaches
18.5 ASSIGNMENT:
- Client may not assign or transfer contract without Company's written consent
- Company may assign to affiliate or successor company
18.6 THIRD PARTY RIGHTS:
- No third party has right to enforce any term (Contracts (Rights of Third Parties) Act 1999 excluded)
18.7 NOTICES:
- Must be in writing (email acceptable)
- Deemed served: email (on transmission), post (2 business days after posting)
- Notice addresses as set out in contract or last known address
19. GOVERNING LAW & JURISDICTION
19.1 These Terms are governed by the laws of England and Wales.
19.2 Both parties submit to the exclusive jurisdiction of the English courts.
19.3 For contracts entered into with Scottish or Northern Irish clients, relevant consumer protection laws of those jurisdictions apply where mandatory.
ACCEPTANCE & ACKNOWLEDGEMENT
By approving a proposal, issuing a Purchase Order, or making payment, the Client confirms:
- Authority to bind the organisation to these Terms
- Full understanding and acceptance of these Terms
- Agreement that these Terms prevail over any Client purchase order terms
- Acknowledgement of the NO REFUND POLICY and credit note structure
- Understanding that significant backend work commences immediately upon booking
- Awareness that event cancellation insurance is strongly recommended
Document Version: 2.1
Last Updated: 2nd February 2025
Review Date: 16th February 2026