1. BOOKING AND CONTRACT FORMATION

1.1 Confirmation requirements

A booking is confirmed only when full payment has been received and we have issued written booking confirmation.

An inquiry, quotation, availability request, incomplete checkout, or unsuccessful payment does not reserve an event date.

1.2 Contract documents

Your contract consists of these Terms and Conditions, the booking summary, the selected package, any accepted additional services, and our written booking confirmation.

The booking summary identifies the event date, location, service hours, package, included equipment, deliverables, additional services, applicable travel charges, taxes, and total price.

Only expressly included services are part of the booking. Verbal statements or assumptions do not add services to the contract unless confirmed in writing by us.

1.3 Reserved dates and resources

A confirmed booking commits equipment, scheduling capacity, preparation time, and operational resources to your event. We may consequently be unable to accept other bookings for the same date and time.

Customer cancellations, late changes, and failures to meet booking obligations can cause operational and financial losses. The remedies available to us are governed by the applicable contract and law.

1.4 Changes to the booking

Changes to the date, location, operating hours, package, or additional services require our written approval. A request is not approved until we confirm it in writing.

We may refuse a requested change when equipment, staffing, travel, scheduling, or other operational requirements prevent us from accommodating it.

2. PRICE, TAXES AND PAYMENT

2.1 Full payment

Full payment is required before a booking is confirmed. Applicable GST and QST are calculated and displayed at checkout.

The customer is responsible for ensuring that payment is successfully completed. We have no obligation to reserve a date or begin preparation for an unconfirmed booking.

2.2 Additional services and charges

Additional services, delivery, travel, parking, additional operating hours, and other charges will be disclosed and accepted before being charged, except where otherwise permitted by law.

No arbitrary or undisclosed fee will be imposed after booking.

2.3 Payment disputes and reversals

If a payment is reversed, dishonoured, disputed, or charged back, we may investigate the transaction and pursue lawful remedies for amounts properly owed.

A chargeback does not automatically extinguish a valid contractual debt. Equally, this clause does not restrict a customer's lawful right to dispute an unauthorized or incorrect charge.

Where a payment default remains unresolved, we may take further action, including suspension or cancellation of future services, where permitted by law and after any required notice.

2.4 Receipts and records

We will provide the booking confirmation and payment documentation required by applicable law. Customers should retain their confirmation, receipt, and booking summary.

3. CUSTOMER CANCELLATION AND REFUNDS

3.1 Written cancellation notice

All cancellation requests must be sent to [email protected] and include the booking number, customer name, event date, and a clear request to cancel.

We will acknowledge receipt in writing. The effective date of cancellation will be determined under applicable law.

3.2 Cancellation does not automatically mean a full refund

The customer acknowledges that a confirmed booking reserves equipment, time, preparation resources, and operational capacity for a specific event date.

A cancellation may result in completed work, unrecoverable expenses, third-party commitments, and other losses.

A full refund is not automatic simply because the event has not yet taken place. The amount payable or refundable will be determined under the applicable contract and law.

3.3 Consumer and personal bookings

Where mandatory consumer protections apply, cancellation and settlement will comply with the Consumer Protection Act and the Civil Code of Québec, including articles 2125 and 2129 where applicable.

Subject to those rules, the settlement may take account of:

• Actual costs and expenses incurred for the booking.
• The value of work completed before cancellation or before notice of cancellation.
• Custom materials or goods supplied that can be delivered to the customer and used by them.
• Other legally recoverable losses arising from the cancellation.

We will assess whether costs are attributable to the booking, whether they can reasonably be recovered or reused, and whether other claimed losses are legally recoverable.

We will provide a written calculation of the amount due. Any advance payment exceeding the amount legally owed will be refunded.

No fixed cancellation penalty, forfeiture clause, or automatic percentage will be imposed on a consumer where prohibited by law.

3.4 Genuine commercial and corporate bookings

For a booking genuinely made in the course of a business or commercial activity, the commercial cancellation provisions below are intended to establish the financial consequences of cancelling a date reserved exclusively for the customer.

Their application depends on the customer's actual status, the contract, and the enforceability of the relevant provisions under applicable law.

Proposed commercial cancellation schedule — subject to legal review before implementation:

The schedule is intended for genuine business-to-business bookings only and must be expressly disclosed and accepted before the contract is concluded. It must be reviewed by Quebec counsel to confirm that the amounts are enforceable as agreed damages in the circumstances.

Where the schedule applies and is enforceable, any amount recovered from a replacement booking for the same reserved capacity will be accounted for as required by the agreement and law. We will not recover the same loss twice.

If the schedule is not enforceable or does not apply, the amount due will be determined under the otherwise applicable contract and law.

3.5 Refund calculation and processing

Where a refund is due, we will provide a written settlement calculation and process the refund within the period required by law or, where no specific period applies, within 15 days after the amount due has been determined.

Refunds will ordinarily be issued to the original payment method where reasonably possible.

Where a lawful balance remains payable by the customer, we reserve the right to request payment and pursue available remedies.

4. RESCHEDULING AND DATE CHANGES

4.1 One standard rescheduling request

We may approve one date change without an administrative rescheduling fee where:

• The request is received at least 14 calendar days before the scheduled service.
• The replacement date is available.
• The customer accepts any applicable change in price, travel, venue, or service requirements.
• We confirm the new date in writing.

A replacement date is not reserved until written confirmation is issued.

4.2 Late rescheduling requests

Requests received fewer than 14 calendar days before the event are subject to our approval and operational availability.

We may decline a requested date where equipment, staffing, delivery, or scheduling requirements prevent us from accommodating it.

Any resulting cancellation or financial settlement will be governed by the applicable contract and law. A late rescheduling request does not automatically entitle the customer to a full refund.

4.3 Replacement date and subsequent changes

Unless otherwise agreed in writing, the replacement date should fall within 12 months of the original event date.

Additional date changes require our written approval. Any additional costs or revised booking arrangements must be disclosed and accepted before the change is confirmed.

5. CUSTOMER RESPONSIBILITIES AND VENUE ACCESS

The customer is responsible for ensuring that the event location is ready and accessible for delivery, installation, operation, and collection.

The customer must provide:

• The correct event address and delivery instructions.
• Safe and timely access to the venue.
• Adequate setup space and a suitable operating surface.
• Required electrical power.
• Necessary venue permissions.
• Accurate information about parking, loading areas, elevators, stairs, security, access restrictions, and other relevant conditions.
• A responsible contact who can be reached when reasonably necessary.

The customer must disclose special access requirements before the booking is confirmed.

Where customer-provided information is inaccurate or incomplete, the customer may be responsible for resulting costs and losses that are legally recoverable.

We may refuse installation or operation when the venue is unsafe, access is inadequate, equipment may be damaged, or operation would breach applicable law or venue requirements.

6. NO-SHOW, DENIED ACCESS AND CUSTOMER-CAUSED FAILURE

6.1 Customer readiness

The customer must ensure that the venue is accessible and that the agreed setup requirements are satisfied at the scheduled time.

If we arrive as agreed but cannot access the venue, reach the responsible contact, or safely install the booth because of circumstances attributable to the customer or venue, we may document the circumstances and attempt reasonable contact.

6.2 Financial consequences

Where service is prevented, delayed, or materially impaired because the customer fails to provide access, power, suitable space, or other agreed requirements, the customer may be responsible for legally recoverable costs and losses.

A full refund is not automatic in a customer-caused no-show or denied-access situation. The amount payable or refundable will be determined by the applicable contract and law.

We may retain amounts legally owed and pursue additional amounts legally recoverable. We will not impose a prohibited fixed penalty merely because a customer has failed to meet an obligation.

6.3 Unsafe conditions and customer-caused interruption

We may pause or stop operation if the customer or guests create a genuine safety risk, misuse equipment, expose equipment to liquids, create dangerous crowding, or otherwise make continued operation unsafe.

The customer may be responsible for resulting documented damage and other legally recoverable losses.

Any adjustment or refund will account for the service delivered, the reason for interruption, the parties' responsibilities, and applicable law.

7. WEATHER, OUTDOOR USE AND VENUE CONDITIONS

Outdoor operation must be approved in advance.

The customer must provide an appropriate covered, dry, stable setup area and a suitable backup location where reasonably required.

We may delay, relocate, suspend, or refuse operation where weather or venue conditions create a genuine risk to people or equipment, including rain, snow, wind, moisture, excessive heat or cold, unstable surfaces, or unsafe electrical conditions.

Where possible, we will prioritize rescheduling when the event cannot safely proceed.

If rescheduling is unavailable or not agreed to, the financial settlement will be determined under the applicable contract and law. Neither party is automatically entitled to keep or recover the entire booking price solely because weather or venue conditions have changed.

8. EQUIPMENT LOSS, THEFT AND DAMAGE

8.1 Customer responsibility

The customer shall be responsible for the reasonable, documented costs of loss, theft, or damage to equipment while it is in the customer's custody or control, or where the loss or damage results from the customer’s or guests’ acts, omissions, negligence, misuse, or failure to comply with these Terms and Conditions.

This responsibility includes reasonable repair or replacement costs and other losses legally recoverable by The Photo Booth Guy.

Ordinary wear and tear is excluded.

The customer is not responsible for loss or damage caused by our own fault to the extent that liability cannot legally be transferred or excluded.

8.2 Equipment inspection and reporting

The customer must promptly report any equipment loss, theft, damage, malfunction, or safety issue and cooperate reasonably with any investigation.

We may request relevant photographs, incident details, venue information, or other reasonable evidence to assess the circumstances and determine the amount legally recoverable.

8.3 Recovery of costs

Any claim for repair, replacement, or other damages must be supported by reasonable documentation. We may seek payment of amounts legally owed and pursue available legal remedies where payment is not made.

9. CUSTOM ARTWORK, BRANDING AND PERSONALIZED MATERIALS

Custom logos, branded overlays, personalized templates, and other event-specific materials require customer approval before production where a proof is provided for approval.

The customer is responsible for checking spelling, names, dates, logos, colours, and other details in the approved proof.

We will not begin production of materials requiring approval until the customer has approved the relevant proof, unless the customer expressly authorizes otherwise in writing.

The customer warrants that they have the rights and permissions necessary to provide any logos, photographs, artwork, or other materials submitted.

If the booking is cancelled after custom work or production has begun, the settlement will account for completed work, actual unrecoverable expenses, reusable materials, and other legally recoverable losses.

We may require written approval and payment of agreed production charges before starting custom work.

10. SERVICE DELIVERY AND EQUIPMENT FAILURE

We will make reasonable efforts to provide the services specified in the booking confirmation.

If a technical problem occurs, we will make reasonable efforts to diagnose and correct it within the available time.

If we cannot provide all or part of the booked service because of a failure for which we are responsible, we will consider an appropriate remedy, which may include a comparable replacement, rescheduling with the customer's agreement, or a refund for services not provided.

Any refund or adjustment will be determined under the contract and applicable law.

Nothing in these Terms and Conditions excludes liability that cannot legally be excluded or limited.

11. PHOTOGRAPHS, DIGITAL FILES AND PRIVACY

The photographs, prints, galleries, digital files, and other deliverables included in the booking are limited to those specified in the booking summary.

The customer is responsible for permissions relating to any artwork or materials they supply.

Guest information and personal information will be handled in accordance with applicable privacy law and our privacy policy.

We will not use identifiable guest photographs for our own promotional purposes without obtaining the consent required by law.

Questions concerning personal information may be sent to [email protected].

12. LATE PAYMENT, INTEREST AND COLLECTION

12.1 Payment deadlines

Any agreed additional charge, damage claim, or other amount properly due under the contract must be paid by the deadline stated in the applicable invoice or written agreement.

Where an amount remains unpaid, we may issue a written demand identifying the amount due and the basis for the claim.

12.2 Contractual interest

Subject to applicable law, overdue amounts properly owed shall bear interest at 18% per annum, calculated as simple interest and not compounded, from the applicable due date or other date permitted by law until payment.

This rate applies only to amounts legally due and does not authorize interest on disputed amounts that are not owed or on charges prohibited by law.

12.3 Default and enforcement

Where legally permitted, we may suspend further services, decline additional bookings, pursue recovery of outstanding amounts, and exercise other available remedies following a payment default.

We may seek reasonable collection costs and legal expenses only to the extent recoverable under applicable law or a valid agreement.

No provision in this section authorizes an arbitrary penalty, an undisclosed fee, or recovery of an amount prohibited by Quebec law.

13. LIMITATION OF LIABILITY

We are responsible for our contractual obligations and liabilities imposed by applicable law.

To the extent legally permitted, we are not responsible for indirect losses that we did not cause and that are not legally recoverable, including a customer's lost sponsorship, anticipated profit, or third-party commercial opportunity.

Nothing in these Terms and Conditions excludes or restricts liability where such exclusion or restriction is prohibited by law, including mandatory consumer protections and liability that cannot legally be waived.

14. ONLINE CONTRACT AND RECORDS

Before completing an online booking, the customer must be able to review the package, event date, location, service hours, price, taxes, additional charges, and applicable Terms and Conditions.

The customer must have an opportunity to review the booking and correct errors before submitting it.

We will provide the contract and booking confirmation in the manner and within the time required by applicable law.

The version of the terms supplied for the booking governs that booking, subject to mandatory legal rights and any valid written amendment.

A later revision of these Terms and Conditions does not retroactively change a confirmed booking unless a valid agreement and applicable law permit the change.

15. LANGUAGE AND GOVERNING LAW

These Terms and Conditions are intended for bookings governed by Quebec law.

Where required, the French version will be provided before the customer expressly chooses to enter into the contract in English.

Where the contract is provided in French and English, any discrepancy will be addressed in accordance with applicable language and consumer protection laws.

The laws of Quebec and the applicable laws of Canada govern the contract.

Nothing in these Terms and Conditions prevents either party from exercising a right or remedy that cannot legally be waived.

16. GENERAL PROVISIONS

16.1 Written amendments

Changes to the package, date, venue, operating hours, or additional services must be confirmed in writing by us.

16.2 Severability

If any provision is found to be invalid or unenforceable, the remaining provisions will continue to apply to the extent permitted by law. This clause does not authorize replacing an invalid consumer term with a prohibited penalty.

16.3 No waiver

Our decision not to enforce a provision on one occasion does not automatically waive our right to enforce it on another occasion, subject to applicable law.

16.4 Notices

Notices to The Photo Booth Guy must be sent to [email protected] and should include the booking number and event date.

Notices to the customer may be sent to the email address provided at booking, subject to applicable law.

16.5 Entire agreement

The booking summary, service details, accepted additional services, confirmation, and these Terms and Conditions constitute the booking agreement, subject to mandatory legal requirements and any valid written amendment.