EVENT AGREEMENT TERMS AND CONDITIONS
The person(s) whose signature(s) appear on this contract, known as "Client," agree that Galveston Photo Booth Rentals ("Company") will provide photo booth services to the best of its abilities, in the manner described in this Agreement. This is a binding contract, which incorporates the entire understanding of the parties, and any modifications must be in writing, signed by both parties, and physically attached to the original agreement.
SERVICE PERIOD
Pursuant to the Client's responsibilities, Company agrees to keep the photobooth operational for at least 80% of this period; occasionally, operations may need to be interrupted for maintenance.
RETAINER AND PAYMENT
A 50% retainer of the contract total is due upon signing. The remaining amount is due thirty 30 days in advance of the Client's Event. If paying by credit card, Client agrees to have Company charge Client's credit card for services, with an additional 4% credit card processing fee. Client is liable for any overage in time requested at the event, which will be billed in one-hour increments. Client agrees that, in addition to all other legal rights and remedies Company may have, Client will pay a $150 fee for all returned checks which Client may write to Company as payment for services.
CHANGES AND CANCELLATIONS
Any request for a date, time, or location change must be made in writing at least thirty (30) days in advance of the original event date. Change is subject to photo booth availability and receipt of a new Service Contract. If there is no availability for the alternate date, time, or location, the deposit shall be given less the 4% processing fee, and no photo booth services will be provided. Any cancellation occurring less than thirty days before the event date shall forfeit all payments received.
PARKING
Client shall provide parking for the Company's vehicle while at the Client's Event. The parking space shall be within proximity to the venue, and Client shall provide any necessary parking permit or pass before the event date.
PHOTO BOOTH ACCESS, SPACE, AND POWER
Client shall arrange for an appropriate space for the photo booth at Client's venue. Space must be level, solid, and at least 15' by 15'. It is the Client's responsibility to ensure access is possible. A photo booth may be placed in an exterior location, provided it is protected from the weather. Client is responsible for delivering power to the photo booth (110V, 10 amps, 3-prong outlet).
WIFI ACCESS
The company's social media & online gallery package requires the Client to provide or guarantee a venue Internet connection of at least 10 MB. The company is not responsible for insufficient social media & online gallery features when the Internet speed falls below the required level.
ONLINE GALLERY
Upon receiving the downloadable link for the files, Client accepts all responsibility for archiving and protecting the photographs. The company is not responsible for the lifespan of any digital media provided, given future changes in digital technology or media readers that might render the discs provided unreadable. It is the Client's responsibility to make sure that digital files are copied to new media as required.
PRINT OUT DESIGN
The company will design a printout based on the Client-supplied material, including logos, fonts, monograms, and other design elements. The company will provide a draft and one revision; additional revisions will be billed to the Client at ($150 an hour.
MODEL RELEASE
Company reserves the right to use images produced with its photo booth under this Agreement to transfer to a third-party, host, store, cache, reproduce, publish, display (publicly or otherwise), perform (publicly or otherwise), distribute, transmit, modify, adapt, and create derivative works, and to reproduce the same images, in each case for the purpose of promoting the Company, its services, and other good-faith business purposes. CLIENT WARRANTS THAT IT HAS ACTUAL AUTHORITY TO AGREE TO THE USE OF THE LIKENESS OF ALL PERSONS INCLUDED IN THE IMAGES IN THIS MANNER AND SHALL INDEMNIFY THE COMPANY IN ACCORDANCE WITH THE INDEMNIFICATION CLAUSE PROVIDED IN THIS AGREEMENT BELOW.
LIMITATION OF LIABILITY; WAIVER
UNDER NO CIRCUMSTANCES, EXCEPT AS OTHERWISE STATED IN THIS AGREEMENT, WILL THE COMPANY, ITS PARENT COMPANY, NOR ANY OF THEIR EMPLOYEES, MANAGERS, OFFICERS OR AGENTS BE LIABLE TO THE CLIENT FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE PHOTO BOOTH SERVICE; (B) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS, INCLUDING WITHOUT LIMITATION, ANY INTELLECTUAL PROPERTY RIGHT, PUBLICITY, CONFIDENTIALITY, PROPERTY OR PRIVACY RIGHT; (C) ANY ERRORS OR OMISSIONS IN THE SERVICE'S OPERATION; OR (D) ANY DAMAGE TO ANY USER'S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY. IN NO EVENT WILL THE COMPANY BE LIABLE TO CLIENT OR ANYONE ELSE FOR LOSS, DAMAGE, OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO THE CLIENT. CLIENT AGREES TO DEFEND (AT COMPANY'S REQUEST), INDEMNIFY, AND HOLD THE COMPANY, ITS PARENT COMPANY, EMPLOYEES, MANAGERS, OFFICERS, AND AGENTS, HARMLESS FROM AND AGAINST ANY CLAIMS, LIABILITY, DAMAGES, LOSES, AND EXPENSES, INCLUDING WITHOUT LIMITATION, REASONABLE ATTORNEY'S FEES AND COSTS, ARISING OUT OF OR IN ANYWAY CONNECTED WITH ANY OF THE LIABILITY STATED ABOVE, INCLUDING BUT NOT LIMITED TO ANY ACTION TAKEN IN CONNECTION WITH THE MODEL RELEASE PROVIDED IN THIS AGREEMENT, COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS, INCLUDING WITHOUT LIMITATION, ANY INTELLECTUAL PROPERTY RIGHT, PUBLICITY, CONFIDENTIALITY, PROPERTY OR PRIVACY RIGHT.
MISCELLANEOUS TERMS
In the event the Company is unable to supply a working photo booth for at least 80% of the Service period, Client shall be refunded a prorated amount based on the amount of service received. If no service is received, the Company's maximum liability will be the return of all payments received from the Client. Prior to any party commencing an action, each party shall meet in a good-faith attempt to resolve its differences. Should both parties be unable to resolve their dispute, they agree to submit it to a neutral mediator. Both parties agree to the jurisdiction, venue, and choice of law of the Company's principal place of business at the time of the execution of this Agreement.
ALL SALES ARE FINAL
Client understands and agrees that all sales and service fees are final.
