Terms & Conditions & Hire Agreement
1. Scope and booking agreement
These terms apply to photo booth hire, 360 video booths, mirror and digital booths, video/audio guest books,
event photography and other agreed content capture services supplied by Moment Booth NZ (we/us). The Client (you) is the person or organisation making the booking. Your agreement comprises these terms, the accepted quotation or booking confirmation, and any event-specific agreement. A separately agreed written event-specific term takes precedence over these general terms where they conflict. Guests do not become liable for the Client's booking charges simply by participating.
2. Acceptance and confirmation
We will provide these terms, or a link to the applicable version, before asking you to accept the booking.
Payment of the booking deposit constitutes acceptance of these Terms & Conditions and the booking details
provided with your quotation or invoice. If full payment is required instead of a deposit, payment in full constitutes acceptance. Where we expressly agree to waive a deposit, written acceptance of the booking after receiving these terms constitutes acceptance. A person booking for an organisation confirms they are authorised to do so.
A booking is secured when we receive the required deposit and issue written confirmation, unless we agree
otherwise in writing. Enquiries and unaccepted quotations do not reserve a date.
3. Price and payment
A deposit of 30% of the total booking price is required unless your quotation states otherwise. The deposit forms part of the total price. Its treatment on cancellation is governed by section 4; it is not an unconditional forfeiture.
The balance is due seven days before the event. Bookings made within seven days require payment in full
before service unless otherwise agreed. The quotation or invoice will state the GST treatment and total payable.
Travel, accommodation, parking, delivery and other location-specific charges must be disclosed and agreed
before confirmation. Additional charges require your approval.
4. Client cancellation
Please cancel in writing as soon as possible. If you cancel more than 14 days before the event, the cancellation charge will be no more than the 30% deposit. If you cancel 14 days or fewer before the event, the charge may be up to the total booking price. In either case, the actual charge must be a reasonable estimate of our net loss arising from cancellation, including work already performed, reasonable non-recoverable commitments and lost booking income. We will take reasonable steps to reduce that loss and deduct costs saved and income from replacement work that offsets it. We will not recover the same loss twice. On request, we will explain the calculation. Payments already made will be credited against the charge, and any excess refunded. These provisions do not restrict cancellation or refund rights required by law.
5. Rescheduling and booking changes
Request changes in writing. Please request a date change at least seven days before the event where possible.
A new date is subject to availability and written agreement. We will explain any price difference or reasonable costs already incurred before you accept the change. Payments transfer to the new booking where agreed. If no alternative can be agreed and you cancel, section 4 applies. Changes to location, duration, equipment or inclusions must be confirmed in writing.
6. Our service commitments
We will deliver the agreed service with reasonable care and skill, provide the equipment and inclusions
described in your booking, and supply an attendant where included. Setup and pack-down are separate from the booked operating period unless expressly stated otherwise. Digital delivery arrangements, print formats, agreed quantities and special requirements will be set out in the booking. We may use appropriately trained staff or contractors and remain responsible for delivering our obligations.
7. Venue access and Client responsibilities
You must arrange venue permission, safe access and a suitable setup area, with reliable power where required.
Unless another time is agreed, provide access at least one hour before operation and reasonable access after the event for pack-down. Tell us beforehand about stairs, loading restrictions, parking, outdoor use, limited power and venue rules. You must provide an event contact and help manage guest conduct. We will confirm any particular space, power or access requirements relevant to your service.
8. Delays and operating time
If venue access, power, event schedules or other matters within your control delay setup or operation, we will
work with you to minimise the impact. The agreed finish time remains applicable unless an extension is agreed.
Any charge for lost time must be reasonable in the circumstances and subject to your statutory rights. If a delay is our responsibility, we will offer an appropriate extension where practical or an appropriate price adjustment or other remedy. Additional operating time must be approved by you or your authorised event contact, with the rate agreed before overtime begins.
9. Outdoor events and safe operation
Outdoor use requires advance agreement and a stable, dry, sheltered location suitable for the equipment.
We may relocate, pause or stop operation if rain, wind, heat, unstable surfaces, electrical hazards or guest behaviour make it unsafe. We will explain the issue and take reasonable steps to find a safe alternative. Any cancellation, rescheduling or price adjustment will depend on the cause and the applicable provisions below; unsafe conditions do not automatically remove your rights or make the full price payable.
10. Guest safety and conduct
Guests must follow attendant instructions and use equipment respectfully. Capacity limits and safety instructions apply, particularly to 360 platforms. Children must be appropriately supervised by a parent, guardian or responsible adult. We may refuse participation to a person whose conduct or condition creates a safety risk, or pause service to address threatening, abusive or unsafe behaviour. We will seek the event contact's assistance where practical and resume when safe. Any decision to end the service must be proportionate to the circumstances.
11. Equipment damage
You are responsible for reasonable, evidenced repair or replacement costs to the extent equipment loss or
damage is caused by your negligence, misuse or breach of this agreement, or by a guest you invited through negligent or deliberate misuse. This does not cover ordinary wear, equipment faults, damage caused by us, or unrelated third parties outside your reasonable control. We will explain the cause and costs and account for age, condition, insurance recoveries and any contribution by us. You are not automatically liable for the full cost of new equipment.
12. Technical issues and substitutions
If equipment fails, we will take reasonable steps to restore service promptly, including using backup equipment where available. Internet or mobile coverage can affect immediate sharing; where possible, we will retain files for later delivery. If a material part of the agreed service cannot be delivered, we will discuss an appropriate remedy, which may include a replacement service, price reduction or refund. Remedies required by law are not discretionary. We may offer equipment of comparable functionality and quality, but a material change to the agreed experience requires your agreement. If you do not accept a material substitution, we will discuss cancellation and an appropriate refund for the affected service.
13. Cancellation by Moment Booth NZ
If we cannot deliver for a reason within our control, we will notify you promptly and offer an alternative if
available. You may decline that alternative and receive a refund of payments for the service we cannot provide. This does not limit any further remedy available under applicable law.
14. Events beyond reasonable control
Neither party is responsible for a failure to perform to the extent caused by an event beyond their reasonable
control that could not reasonably have been prevented or overcome. The affected party must notify the other promptly and take reasonable steps to minimise disruption. We will first discuss a safe alternative or
rescheduling. If the service cannot proceed and no alternative is agreed, payments for undelivered services will be refunded, less only reasonable, evidenced non-recoverable costs properly incurred for your booking that may unavoidably be retained. We will account for savings and recoveries. An ordinary equipment fault or avoidable staffing issue is not automatically such an event. Statutory rights remain unaffected.
15. Collection and delivery of content
We collect photos, videos, audio recordings and necessary contact details to provide the agreed service and
deliver content. Guests must be told what is being captured, why, how it will be delivered and who will receive it before participating. Participation permits capture and delivery for the explained service; it is not blanket
permission for advertising. For guest books, participants must be told their recording will be supplied to the
booking Client. Event gallery or Client access arrangements must be disclosed to participants. We will use
reasonable security measures and limit access to authorised people.
16. Children and promotional use
For child-focused services, including Santa photography, we will obtain parent or guardian authorisation for
capture and delivery and respect the child's willingness to participate. Public promotional use of identifiable guest images or recordings requires separate, specific permission. For children, we will obtain parent or guardian permission and take account of the child's views and interests. The Client's acceptance of these terms does not provide that permission for every guest. Declining promotional use does not prevent participation. Consent requests must explain the intended channels and use. A person may contact us to withdraw promotional permission; we will stop future use and take reasonable steps to remove content from channels we control, while explaining any limits on retrieving material already distributed.
Promotional use: Moment Booth NZ may use photographs, videos and audio recordings featuring participants aged 18 or over for its website, social media, advertising and promotional materials where those participants have given informed permission for that use. Promotional permission is separate from participation and is optional. Participants may withdraw permission by contacting Moment Booth NZ, after which we will stop future use and take reasonable steps to remove content from channels we control.
17. Personal information and retention
Contact details collected for delivery will not be added to marketing lists without separate authorisation. Service providers may process content or contact details for hosting, sharing or delivery, including through overseas systems, subject to applicable privacy requirements. Before collection, we will provide a privacy notice identifying Moment Booth NZ, our contact details, intended recipients, relevant overseas processing, whether information is optional and how to request access or correction. We retain information only as long as reasonably needed for the explained service, legal obligations or legitimate business purposes. Public-facing delivery forms and consent notices must reflect the actual workflow.
18. Galleries and downloads
Gallery availability, expected delivery timing and any agreed retention period will be confirmed in the booking or delivery message. A gallery is not a permanent archive. Please download and securely back up files during the stated access period. We will give reasonable notice of any earlier removal, except where security, privacy or legal requirements require prompt action. Password-protected or individual delivery will be used where agreed or appropriate. For child-focused photography, we will use individual private delivery unless another appropriately authorised arrangement is agreed. Passwords and links should be shared only with intended recipients.
19. Image rights and supplied materials
Copyright ownership and usage rights will follow the applicable law and any written agreement; this document does not automatically transfer ownership of all media to Moment Booth NZ. The booking will specify any special commercial licences, ownership arrangements or delivery of original files. Privacy and promotional permissions remain separate from copyright. You confirm you have permission to supply logos, artwork, music and other materials for the agreed use, and grant us permission to use them only to deliver the booking. We may decline material that appears unlawful or infringes another person's rights.
20. Liability and statutory rights
Nothing in this agreement excludes, restricts or modifies rights or remedies under the Consumer Guarantees Act 1993, Fair Trading Act 1986, Privacy Act 2020 or other New Zealand law where those rights cannot lawfully be excluded. Subject to those rights, and only to the extent lawful and reasonable, our total liability arising from the booking is limited to the total booking price paid or payable. This limit does not apply to fraud, deliberate misconduct or liability that cannot lawfully be limited. We are not liable for loss that is too remote or not reasonably foreseeable. Both parties must take reasonable steps to minimise loss. These terms do not contract out of the Consumer Guarantees Act for business bookings.
21. Complaints and disputes
Contact us using the details on your booking confirmation as soon as practicable if a problem arises, so we can try to resolve it. We will consider the issue fairly and discuss an appropriate remedy. Raising a complaint later does not remove statutory rights. If the matter cannot be resolved directly, either party may use the Disputes Tribunal, courts or another appropriate dispute resolution process. New Zealand law applies.
22. Version and written changes
The version provided and accepted when your booking is made applies to that booking. Later website updates do not automatically alter an existing agreement. Changes to a confirmed booking or its terms require both parties' written agreement. If a provision is unenforceable, it will apply only to the extent lawful, and the remaining provisions continue where they can operate fairly and independently.
23. Retail photography and sponsored activations
Santa photography, shopping-centre activations and other events involving payments from individual customers require a written event-specific schedule alongside these terms. That schedule must identify the service dates and hours; staffing and responsibilities; venue facilities; organiser fees; customer prices and GST treatment; who collects and retains customer revenue; responsibility for prints, frames, consumables and branding costs; customer delivery and refunds; privacy and parent/guardian authorisation; and the process for cancellations or changes. These general terms do not establish a revenue-sharing arrangement or give an organiser marketing rights over customer images.
24. Packages and inclusions
Only services, equipment, staffing, props, backdrops, print quantities, branding, sharing methods and add-ons stated in your accepted booking are included. Website photographs and examples illustrate available options and do not add inclusions to a booking. Classic Print + Digital, Luxe, Mirror, Digital-only and 360 services have different outputs; a digital-only or 360 booking does not include printed photographs unless expressly quoted. No unattended or self-operated hire is included unless expressly agreed in writing.
25. Unlimited sessions and print service
Where unlimited sessions are included, this means guests may use the service repeatedly during the booked
operating hours, subject to safe operation, reasonable queues and the equipment’s processing time. It does not guarantee a minimum number of sessions or a print for every guest. The print format and copies per session are those stated in the booking; extra copies, magnets, frames, albums and other products are included only where specified. We will provide sufficient consumables for reasonably anticipated use based on information you supply. Please disclose unusually high guest numbers or required production targets before booking so we can agree appropriate capacity and supplies.
26. 360 video booth
Participants must remain within the platform limits and follow the attendant’s instructions. Do not jump, step off while the arm is moving, touch the rotating arm, bring loose items into its path or carry drinks onto the platform. The attendant will assess safe capacity for each session and may refuse an unsafe combination of participants. Children require suitable adult supervision; accessibility or alternative capture arrangements should be discussed beforehand. Edited video format, overlays, music and sharing methods are as agreed. Processing and connectivity affect sharing speed.
27. Video and audio guest books
Guest book services record the contributions guests choose to make. The booking specifies whether audio,
video or both are included, operating arrangements and delivery format. Recordings may contain background noise, interruptions or informal language, and we cannot guarantee participation or a message from every guest. Quiet placement improves sound quality. Unless quoted, transcription, subtitles, individual review of all messages and a combined edited highlights film are not included. We may withhold content that appears unlawful or raises a serious safety concern and will explain the action where appropriate. The Client must respect participants’ privacy when using or sharing delivered recordings.
28. Props, backdrops and supplementary equipment
Props, shimmer or flower walls, stanchions, carpets, uplights and other accessories are subject to the agreed
booking. Guests must not climb, pull, move or dismantle them. We will agree installation locations with the venue and retain control of equipment placement for safety. Normal wear is expected; loss or damage is dealt with under section 11. Venue-approved attachment methods and any restrictions on fixtures must be disclosed before setup.
29. Event and commercial photography
Photography coverage, locations, hours, shot priorities and deliverables must be stated in the booking. You must arrange access, venue permissions, introductions and reasonable cooperation from the people involved. We will use reasonable care to capture agreed priorities but cannot guarantee every person, spontaneous moment or requested image where timing, access, lighting, weather or subject cooperation prevents capture. Please provide any essential shot list before the event. These limitations do not excuse failure to deliver an expressly guaranteed deliverable.
30. Editing and deliverables
Our normal creative style and agreed brief govern image selection and editing. Deliverables consist of the
selected finished files in the agreed resolution and format. RAW files, unselected images, project files, extensive retouching, compositing and re-editing are supplied only if agreed. Delivery deadlines will be stated in the booking or agreed in writing. Requests outside the accepted scope will be quoted before additional work begins. If delivered work does not meet the agreed brief or applicable legal guarantees, an appropriate correction or remedy will be provided without treating it as a paid revision.
31. Print designs and Client approvals
Please supply accurate text, logos and artwork in the format and by the deadline requested. We will send an
approval proof where custom design is included. You must check names, dates, spelling, logos, layout and print format and identify changes before approval. We remain responsible for errors we introduce or a failure to follow an approved design. Delayed approvals may affect customisation; we will explain available options rather than assume an unapproved design is accepted. Design revisions beyond the quoted allowance and urgent production require an agreed additional charge. Screen and print colours can differ, but the finished product must still meet the agreed specification and applicable guarantees.
32. Commercial use and brand assets
Commercial campaign rights, paid advertising use, publication permissions, exclusivity and any restriction on our use of non-personal setup imagery must be recorded in the booking. Neither party may imply the other endorses a product beyond the agreed engagement. You are responsible for the accuracy and lawfulness of promotional claims, competition rules and materials you supply. We are responsible for our own supplied materials and conduct. Music rights must cover the intended output and publication channels; a track available in capture software does not necessarily grant rights for every commercial use.
33. Corporate activations and multi-day events
The accepted quotation or written schedule will define branding, capture workflow, installation, operating hours, staffing, outputs and any reporting. Leads, sales, social reach, attendance and engagement levels are not guaranteed unless an express measurable commitment is agreed. Any reporting will state the available
measures and their basis; sessions, participants and delivered files are different measures. For multi-day work, the booking must identify between-day storage, security, access, overnight power and responsibility for equipment left at the venue. Each party is responsible for the obligations allocated to it; equipment damage remains subject to section 11.
34. Customer-paid and sponsored photography
For Santa photos, retail photography and other organiser-funded events, organiser fees and purchases by
individual customers are separate transactions unless expressly agreed otherwise. The booking must state
customer pricing, GST treatment, who receives payments, any revenue share, organiser branding and
responsibility for print media, frames and stock. We retain customer-sale revenue where the accepted booking allocates it to us; there is no automatic revenue share. Customers must be shown the price, product, delivery process and relevant purchase terms before payment. Faulty, missing or incorrectly supplied products will receive the remedy required by law. A change of mind does not automatically entitle a customer to a refund for a correctly supplied personalised product, subject to any stated return policy and legal rights. Customer images must not be supplied to the organiser for marketing without the appropriate separate permission.
35. AI-assisted experiences
AI image transformations or other AI features apply only where included in the booking and explained to
participants. Outputs are generated interpretations and may contain inaccuracies, altered appearances,
unexpected details or inconsistent results. They are not factual records or guaranteed likenesses. Before
capture, we will explain the transformation, intended use, relevant processing providers and any material data handling. Participants must be able to make an informed choice, with appropriate parent or guardian
authorisation for children. We will not knowingly submit images for unrelated model training without separate informed permission. We will take reasonable steps to avoid inappropriate outputs and provide a correction, alternative or other appropriate remedy where the purchased experience is not delivered as agreed.
36. Connectivity, sharing and external platforms
QR, email, SMS, AirDrop, cloud galleries and other sharing methods depend on the booked service, compatible devices, network availability and platform functionality. Not every sharing method is available on every setup. We will explain known limitations and use an appropriate alternative where reasonably possible. Guests should check their contact details before submitting them; we will assist with reasonable delivery corrections. Platform outages do not automatically remove our responsibility to deliver agreed content or provide an appropriate remedy. Social platforms may mute music, compress files or restrict posts, and their decisions are outside our control.
37. Staffing, travel and site logistics
We may fulfil bookings from Dunedin, Christchurch, Queenstown or another agreed location using our staff or
contractors. Travel and accommodation charges are based on the accepted quotation, rather than a fixed fee for every booking outside Dunedin. You must disclose venue induction requirements, loading times, restricted parking, security clearance, lift access and any requirement to leave equipment overnight. We will agree any associated charge before it is incurred. For longer events, reasonable staff breaks and continuity arrangements will be agreed without reducing expressly promised coverage.
38. Late payment
If payment is overdue, we will contact you and allow a reasonable opportunity to resolve it before suspending preparations or cancelling the booking. Any cancellation must be proportionate, notified in writing and subject to section 4 and applicable law. A payment dispute does not authorise us to retain more than we are lawfully entitled to. We will not impose an undisclosed late fee or collection charge. Alternative corporate payment terms apply only where agreed in writing.
39. Confidentiality and publicity
Each party will protect non-public business information supplied for the booking and use it only for the agreed purpose, except where disclosure is authorised, required by law or reasonably necessary to staff and service providers performing the booking. Please identify embargoes or sensitive information before disclosure. Use of identifiable guest content remains subject to sections 15 to 19. Client logos, confidential campaign details and endorsement claims may be used in our publicity only with appropriate authorisation. An agreed confidentiality or non-disclosure agreement takes precedence where it imposes additional requirements.
40. Written communications and authority
Booking changes, cancellation notices, approvals and additional charges may be agreed by email or another written channel used by both parties. Each party must keep contact details current. Your nominated event contact may approve operational matters and additional time only within the authority you give them. We will record any agreed additional charge and its basis. A separate signature is not required for acceptance through deposit payment under section 2, although either party may request a signed booking schedule for a particular engagement.
41. Application to individual purchases
Individuals purchasing a photo, print or other product at an activation are responsible only for their own
transaction, not the organiser’s deposit, hire charges or cancellation obligations. Relevant product, delivery,
safety and privacy information must be provided before purchase or participation. Consumer rights apply
regardless of whether the organiser has accepted these general terms. An organiser must not represent that its booking agreement replaces individual customer consent or purchase rights.
42. Use of events for case studies and blogs
Unless you notify us otherwise in writing before the event, Moment Booth NZ may feature the event in case
studies, blog posts, portfolio pages and related social media content. This may include a factual description of the services supplied, the setup and guest experience, publicly available event details, non-identifying equipment and venue imagery, and accurate, non-personal event results. For corporate or public events, it may also include the organisation or event name and branding you are authorised to permit us to use. Private clients and private events will not be named without separate permission. Please email your booking contact before the event if you do not want your event featured, or specify any embargo or restriction. An opt-out does not affect the booked service or price. We will respect agreed confidentiality obligations and will not disclose non-public commercial information, pricing, personal contact details or confidential results without express permission. Publication must accurately describe our involvement and must not imply an endorsement beyond the actual engagement. This clause does not override sections 15 to 19: identifiable guest images, voices, recordings, quotations and testimonials require the relevant separate permission, including appropriate parent or guardian permission for children. Client acceptance or failure to opt out does not grant permission on behalf of guests. If you request an opt-out after publication, we will stop further use and take reasonable steps to remove the event feature from channels we control, while explaining any limits on retrieving material already distributed.