Booka Universal Service Agreement

1. Parties

This Agreement is between the Client identified in the booking details and the Service Provider identified in the booking details.

Booka is not a party to this Agreement.

Booka provides the platform through which the parties found each other, communicated, exchanged terms, accepted the booking, and may process related payments and records.

2. Formation of the Agreement

This Agreement is formed when the Client accepts the relevant booking or quote and completes the required confirmation or payment step through Booka.

This Agreement consists of this Universal Service Agreement, the accepted quote, the booking details shown before confirmation, provider-specific or service-specific terms clearly shown before checkout, the Service Provider’s cancellation and refund terms as frozen to and recorded with the booking, and any later written variation recorded through Booka.

If there is a conflict, a later written variation prevails first, then the accepted quote and booking details, then provider-specific or service-specific terms shown before checkout, and then this Universal Service Agreement.

No incorporated term applies beyond what is permitted by mandatory law or beyond what was properly disclosed and accepted where special notice or express assent is required.

3. Scope of the Service

The Service Provider must supply the service described in the accepted quote and booking details.

The agreed scope may include date, time, duration, location or space, access windows, setup and breakdown, deliverables, travel, accommodation, technical requirements, staffing, overtime terms, and quoted add-ons.

The Service Provider may use reasonable professional judgment in delivering the service, provided the Service Provider remains materially consistent with the agreed scope.

No material change to scope, price, timing, or key delivery terms is binding unless recorded in writing.

If the booking is identity-specific or reasonably understood to depend on a named individual, no substitute is effective unless the Client accepts it in writing, except where the law requires otherwise.

4. Service Provider Obligations

The Service Provider must perform with reasonable care, skill, diligence, and professionalism.

The Service Provider must comply with applicable law and any legal requirement under the Service Provider’s control.

The Service Provider must deliver the agreed service substantially in accordance with the agreed scope.

The Service Provider must notify the Client as soon as reasonably practicable of any material issue, delay, risk, or obstacle affecting performance.

Where goods, equipment, materials, or deliverables are supplied as part of the service, they must be of a quality persons are generally entitled to expect in the circumstances, subject to the agreed scope and any disclosed limitations.

5. Client Obligations

The Client must provide accurate and complete booking details.

The Client must provide information, files, approvals, scripts, selections, access details, logistics, or instructions reasonably needed for performance.

The Client must ensure that any event space, site, environment, or property under the Client’s control is reasonably safe, lawful, accessible, and suitable for the service.

The Client must obtain space or site approvals, permissions, licences, permits, or consents under the Client’s control that are necessary for the booking to proceed lawfully.

Where the booking requires the Client to provide access, power, staging, parking, accommodation, transport, catering, security, tables, or other logistical items, the Client must provide them as agreed.

6. Price and Payment

The service price is the amount stated in the accepted quote and booking details.

Payment must be made as stated in the booking process.

No additional charges are payable unless they were clearly disclosed before booking or later agreed in writing.

If the booking includes reimbursable travel, accommodation, overtime, waiting time, or similar costs, those costs must be set out in the booking details, accepted quote, or later written variation.

For purposes of the booking relationship, payment made by the Client through a Booka payment method designated for the booking is treated as payment pending the agreed booking payment workflow, subject to any disclosed hold, review, reversal, chargeback, fraud-control process, payment failure, or compliance process.

If the agreed payment has not been successfully recorded through the designated booking payment process, the Service Provider is not obliged to continue or commence performance until payment has been received or confirmed, subject to law and any specific Booka payment workflow.

7. Variations and Rescheduling

Any change to date, time, location or space, duration, deliverables, travel, technical requirements, staffing, access window, or price is a variation.

A variation is binding only when clearly agreed and recorded in writing through Booka or another written method accepted by both parties.

Variations may affect price, timing, availability, logistics, and cancellation consequences.

If the Client asks to postpone or reschedule, the parties may consider the Service Provider’s availability, work already done, costs already incurred, and the risk of not replacing the date.

8. Cancellations and Refunds

Cancellations must be made in writing.

The cancellation and refund terms disclosed to the Client before booking confirmation and frozen to that booking through Booka are incorporated into this Agreement by reference.

Refunds are routed through the original payment method or another Booka-designated refund workflow, subject to applicable law, payment-provider capability, and operational constraints.

Any cancellation fee, retained deposit, forfeiture, or refund adjustment remains subject to applicable South African law and is enforceable only to the extent lawful, fair, reasonable, and properly disclosed.

No clause in this Agreement excludes any non-excludable right or remedy available under law.

If the Service Provider cancels or is unable to perform the material agreed scope, the parties must first consider any reasonable substitute or rescheduled outcome the Client is willing to accept. If no such outcome is agreed, the Client is entitled to the appropriate remedy required by the booking terms and applicable law.

9. Force Majeure

Neither party is liable for delay or failure caused by events beyond reasonable control, including severe weather, space or site closure, public disorder, government restrictions, utility failure, fire, flood, serious illness, accident, or similar events.

The affected party must notify the other as soon as reasonably practicable and must act reasonably to mitigate the impact.

The parties must cooperate in good faith to consider postponement, revised timing, substitute arrangements, reduced scope, or another fair and lawful outcome.

10. Space, Technical, Travel, and Operational Conditions

Where performance depends on space or site access, technical setup, sound, lighting, staging, power, parking, loading access, travel, accommodation, meals, weather cover, or similar operational conditions, those requirements must be stated in the booking details, accepted quote, or later written variation.

If the Client is responsible for a logistical item and fails to provide it, the Service Provider is not responsible for resulting delays, reduced quality, or inability to perform, except to the extent the Service Provider caused or contributed to the problem.

If the Client’s delay, missing information, or failure to provide agreed conditions causes waiting time, overtime, re-attendance, or additional travel or staffing, additional reasonable charges may apply if they were disclosed in advance or later agreed in writing.

11. Safety, Lawfulness, and Right to Refuse Unsafe Performance

The Client must disclose any unusual hazard, access restriction, crowd risk, animal risk, security risk, water risk, electrical risk, site risk, or other unusual condition relevant to the booking.

The Service Provider may suspend, stop, or refuse performance where continued performance would be unsafe, unlawful, or materially inconsistent with the agreed conditions.

If the problem can reasonably be fixed on site, the Service Provider must allow a reasonable opportunity to fix it before withdrawing, unless immediate withdrawal is reasonably necessary for safety or legality.

The financial consequences of a lawful refusal under this clause must be determined by the cause of the problem, the agreed booking terms, and applicable law.

12. Intellectual Property, Recordings, and Publicity

Each party retains ownership of its pre-existing intellectual property, branding, methods, templates, source materials, and pre-existing content.

The Client receives only those deliverables and usage rights expressly stated in the accepted quote, booking details, provider-specific terms, or later written variation.

Unless expressly agreed otherwise, the Client does not acquire rights to raw footage, source files, project files, working files, underlying production materials, unused concepts, or similar underlying assets.

Except where recording, filming, photography, or content creation is itself the booked service, the Client may not commercially record, livestream, broadcast, reproduce, resell, or commercially exploit the Service Provider’s performance, work product, image, name, likeness, or branding without prior written consent.

The Client warrants that any script, brief, file, artwork, text, instruction, image, likeness, or material supplied by the Client may lawfully be used for the booking and does not unlawfully infringe any third-party right.

13. Personal Information and Confidentiality

The parties acknowledge that personal information and booking information may be shared through Booka for booking administration, payment processing, fraud prevention, support, moderation, compliance, communication, and dispute handling.

Each party must use the other party’s personal information only for lawful purposes connected to the booking, support, compliance, communication, or dispute handling.

Each party must take reasonable steps to keep such information secure and confidential.

This clause does not prevent disclosure required by law or reasonably necessary for performance, payment, or dispute resolution.

14. Liability and Remedies

Each party is responsible for direct loss, damage, cost, or claim caused by its own breach, negligence, unlawful conduct, or wilful misconduct.

Subject to mandatory law, neither party is liable to the other for indirect, incidental, special, or consequential loss, including loss of profit or business opportunity.

Nothing in this Agreement excludes or limits liability for fraud, wilful misconduct, or gross negligence, any right or remedy that cannot lawfully be excluded or limited, or any consumer right available under applicable law.

If the Service Provider fails to perform the service to the standard required by law, the Client retains any lawful remedy available in the circumstances, including re-performance, correction, price reduction, or refund to the extent applicable.

15. Disputes

The parties must first try to resolve any dispute directly and in good faith using the Booka record where available.

Either party may ask Booka to assist with records, communication, support, or payment review, but Booka is not obliged to decide the dispute.

Nothing in this Agreement prevents either party from using any legal remedy available under South African law.

16. Electronic Records, Notices, and General

The parties agree that this Agreement may be concluded electronically and that Booka records may be used as evidence of offer, acceptance, agreed terms, payment status, and later variations.

Notices, approvals, variations, and cancellations may be given through Booka, by email, or by another written method accepted by the parties.

No oral statement changes this Agreement unless later recorded in writing.

If any provision is unlawful or unenforceable, it must be read down or severed to the minimum extent necessary, and the rest remains effective.

This Agreement is governed by the laws of South Africa.

17. Booking Schedule

The booking details recorded through Booka form the Booking Schedule to this Agreement and must be viewable, downloadable, emailable, or otherwise capable of being stored and reproduced by the parties.

The Booking Schedule may include the booking reference, provider identity, client identity, service description, date, time, duration, location or space, deliverables, add-ons, travel, accommodation, technical details, price, payment timing, provider-specific terms shown before checkout, cancellation and refund terms frozen to the booking, and later written variations.

Where a booking record is generated through Booka, that record is intended to reflect the commercial details accepted for the booking.

18. Contact

Questions about this standard agreement or about Booka’s legal documentation can be directed to Booka using the contact details published on the platform.

Last updated: 22 March 2026