Terms & Conditions are subject to change, please refer to your Service Agreement for final & updated terms.
SERVICE PERIOD
Arrival time is between 30-120 minutes before the service period begins, as stated in your rental package. If you would like us to arrive earlier, we offer idle time per hour or early setup may be available at an additional fee. Provider agrees to have a Photo Booth operational for a minimum of 90% during this period; occasionally, operations may need to be interrupted for maintenance of the Photo Booth (changing photo paper, adjusting camera, adjusting printer, etc).
PAYMENT
A $250 non-refundable retainer fee is due upon signing of this agreement/ contract. The remaining amount is due 30 days prior to your event. We accept checks, bank transfers and all major credit cards. Please note, we do not secure your date on our calendar until the retainer is received. If full payment is not received by the event date, we retain the right to decline services and retainer will be forfeited. If services are rendered and full payment is not received, a late fee of 20% of the Total Rental Rate will be incurred Per Week post event date. If applicable, digital images will be withheld until full payment is received. Client will pay a $100.00 fee for any and all returned checks.
If the rental time period exceeds the service period agreed to in the agreement above, the overage in rental time will be invoiced at a rate of time and a half; the hourly rate may be $150-400 per hour, unless otherwise agreed upon. Payment must be received within 24hrs, otherwise a 20% late fee per week will apply. Please note additional fees apply for events past 12am.
CUSTOMIZATIONS
Custom orders require a minimum of 2-4 weeks or more for work actualization. Please note, custom products require full payment of such item in addition to the retainer fee. All rentals include a custom photo design with up to 3 edits. Any changes after the included edits are available at $25 per change. Changes to this agreement or additional forms that need to be pulled, with the exception of the COI, may be provided at any additional fee. We reserve the right to void the entire agreement if we’re not given sufficient time or unable to supply the required documents.
PHOTO BOOTH REQUIREMENTS
Client will arrange for appropriate accommodations for the Photo Booth at event’s venue. Client is responsible for ensuring power is available within 10-15 ft from the Photo Booth placement. (Standard electrical outlet: 110V, 5 amps, 3 prong outlet). Each booth is different, however, in general the recommended minimum space is 8’ wide x 8’ deep x 8’ high for printing & digital booths, 10ft square for 360 Booth & 15ft square for the Vogue Booth. Accessibility via elevator or ramp is required for transport of most booths. If your event is outdoors during the day, a covered area is required. If outdoors at night, a cover is highly recommended and may be required depending on Season/ weather forecast. Please note, if the weather becomes unfavorable, the booth will be disengaged and services will be deemed rendered. If your rental includes a backdrop, it must be placed against a wall or vertical surface as a safety precaution. If these requirements are not met or willfully bypassed, the client assumes all financial and legal responsibility caused to or by event guests and for any equipment damage.
DATE CHANGES & CANCELLATIONS
There are no refunds for cancellations or date changes. Any payments made will be held as credit towards a future event. Changes are subject to photo booth availability and new rates will apply. If the event is cancelled or rescheduled, the alternate date must be within 12 months of original event date, otherwise retainer shall be forfeited. Any request for a date change must be made in writing at least thirty days in advance of the original event date to incur no additional fees. If within 30 days, a $100 cancellation fee will be deducted from the payment credit unless otherwise approved in writing via email, at the full discretion of Photo Booth Boutique. Travel and new design fees may apply.
DAMAGE TO PROVIDER’S EQUIPMENT
Client acknowledges that it shall be responsible for any damage or loss to the Provider’s Equipment caused by any malicious intent, theft or gross negligence by the Client, invitees, guests, affiliates, friends, family members, or any other person hired by the Client in connection with the event. Damages will be billed to Client in full or in part for the cost of any repairs or replacement, including insurance deductibles and may be up to 10 times the original rental cost. As such and for liability purposes, children under age of 13 must be accompanied by an adult. Moreover, we reserve the right to decline events held outdoors without shade or cover due to equipment damages caused by heat and/or rain.
LIMIT OF LIABILITY
In the unlikely event that your selected booth is no longer available due to unforeseen circumstances, we will provide another comparable booth for your event. If Photo Booth Boutique is unable to provide the services on the date of the event, we will make every effort to secure a replacement rental company. 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 event. In cases where only the printer becomes faulty, the photo sessions will continue without the prints. Client will then have a choice between receiving copies of all the strips/prints or a coffee book of all the images via mail within 30 days. In the unforeseen event that all of the equipment becomes faulty or provider is unable to render services, liability is limited to the return of payments received for the amount of time not serviced calculated by half hour increments.
DIGITAL SERVICE LIABILITY
Digital booths rely on stable wireless connectivity that is not within our full control in certain locations/venues.
CERTIFICATE OF INSURANCE
We are fully insured and can provide our general liability certificate as needed. If you require a COI adding your venue as additionally insured, we can provide that for you. To ensure you receive it prior to your event, please put in your request within 1-2 weeks of your event date. We are insured up to one million dollars for each occurrence and two million aggregate. If you need more coverage or additional forms/documents, additional fees will apply.
FORCES MAJEURE
Neither Photo Booth Boutique nor Client shall be held responsible or liable if the fulfillment of any terms or provisions of this Agreement are delayed or prevented by revolutions or other disorders, wars, acts of enemies, fires, floods, hurricanes, acts of God, or without limiting the foregoing by any other cause not within the control of the party whose performance is interfered with, and which by the exercise of reasonable diligence, the party is unable to prevent, whether of the class of causes enumerated before or not. In the event that such events contemplated by this paragraph occur, Photo Booth Boutique shall be entitled to retain any and all retainer amounts previously paid by Client.
PRIVACY POLICY
Customer Payment Information is collected for the purpose of processing your order. This information is kept confidential and is not shared. We have the utmost respect for our customers’ privacy. In no way will we violate this philosophy. We will not release any information gathered about our customers. Any privacy concerns should be directed to [email protected]; we take all privacy concerns very seriously and will respond appropriately and quickly. Our customers have been our number one priority and will continue to be our first priority in the future.
INDEMNIFICATION
Client agrees to, and understands the following:
a) Client will indemnify provider against any and all liability related to Client’s Event during or after Client’s event. Client will indemnify Provider from the time of service and on into the future, against any liability associated with Client.
b) Client will indemnify Provider against any and all liability associated with the use of pictures taken within the Photo Booth Boutique, its representatives, employees or affiliates at Client’s event.
MODEL RELEASE OPTION
We realize some clients may want the photos from their event to remain private, which is why you have the option to Decline the model release. If you choose to decline the model release, please state in writing via email or in the Notes section of this agreement. Otherwise, Client agrees to, and understands the following: All guests using the photo booth hereby give to Photo Booth Boutique: The right and permission to copyright and use, photographic portraits or pictures of any photo booth user who may be included intact or in part, made through any and all media now or hereafter known for illustration, art, promotion, advertising, trade, or any other purpose. Furthermore, our staff reserves the right to take photos or videos throughout the event for marketing & promotional purposes.
In addition I, hereby release, discharge and agree to save harmless Photo Booth Boutique from any liability, that may occur or be produced in the taking of said picture or in any subsequent processing thereof, as well as any publication thereof, including without limitation any claims for libel or invasion of privacy.
COOPERATION & HOUSE RULES
The parties agree to cheerful cooperation and communication for the optimal possible result within the definition of this agreement. If the Photo Booth Boutique staff feels threatened, endangered, abused or harassed by the Clients, members of the public or guests on the day of the event, we reserve the right to cease service and leave the location/premises immediately. A break and time for photo booth assistants to eat a meal is greatly appreciated. If no meal is provided for events with 5 hours of service or more, it is understood the photo booth staff will leave the event for a half hour to obtain a meal. If no meal is provided, Meal breaks do not pause the consecutive photo booth coverage.
DISPUTE RESOLUTION & SEVERABILITY
If any provision of these terms shall be unlawful, void, or for any reason unenforceable under Contract Law, then that provision, or portion thereof, shall be deemed separate from the rest of this contract and shall not affect the validity and enforce-ability of any remaining provisions, or portions thereof. This is the entire agreement between Photo Booth Boutique and Client relating to the subject matter herein and shall not be modified except in writing, signed by both parties. In the event of a conflict between parties, Client agrees to mediate in good faith amongst parties or via arbitration.
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