Provider: Photo Booth Provider
Client: Credit Card Holder / Customer / User
Updated: January 26th, 2022
Important Information About This Legal Contract
You agree to this Event Agreement, and all of its terms and conditions, by accessing, browsing, calling, shopping, or otherwise using the the Provider’s Service. These terms and conditions are subject to change without prior notice at any time, in the Provider’s sole discretion, and by accessing, browsing, shopping or otherwise using the Provider’s Service after a change has been posted to the Terms, You accept that change. Customers should check this Event Agreement frequently.
Acceptance of Contract Terms
This Terms of Service Agreement, and all of its terms and conditions, constitute a legal contract between you and the Provider. (References to “you” or “your” relate to a customer or other party that accesses, browses, shops or otherwise uses the Service (the “Customer”); references to the Provider shall relate to Provider.) By accessing, browsing, calling, shopping or otherwise using this service (“Site”), you acknowledge that you have read, understood, and agree to be bound by this Terms of Service Agreement and you agree to comply with all applicable laws and regulations. Your booth usage and phone calls are subject to digital record for training and quality quality purposes.
PAYMENT
The payments made are for the time of operation. A non-refundable reservation fee in the amount of $200 per booth is deducted from your payment, it is assessed as an Administration Fee, and is non refundable – We are entitled to full amount upon arrival, we are not responsible for delay due to venue or on site parking . Deposits of 60 percent may be accepted on full rates, some promotions may not apply including seasonal promotions with multiple discounts or 2 and 3 hours sessions. All balances are due within 30 days prior to event with no exceptions, including all sold out dates and packages with promotions or multiple discounts. The Client agrees to have this charged to their account we have on file. If the payment is declined, we reserve the right to cancel the reservation and return all monies that are not subject to penalty. All 2 hour events outside the coverage area of 30 miles are subject to a $25.00 surcharge. All Saturday night 2 hour rentals after 5pm, will be upgraded to 3 hours on all impacted dates unless a prior approval is agreed upon. If client provides props, we are not responsible for any lost or missing items. Prop Damage includes missing, destroyed or broken props that can not be used again. The prop kit and Banners (non-refundable) have a $125.00 value, a reasonable fee will be assessed if there is prop damage and this fee will be charged to the Clients card on file. The Client will be reasonable and will honor all policies with any associated fees. Please allow 7-10 business days for any credits and refunds. We do not control the processing aspect of the funding, this is controlled by the Banks and Merchant Services. We will attempt to expedite this process as quickly as possible, we appreciate your understanding.
If the Client decides to cancel, the balance, minus the Non Refundable Administration Fee will be refunded in full out side of thirty (30) days prior to event. If the cancellation occurs within 30 days 80% of the balance will be returned to the client. All cancellation within 24 hour are subject to a 60% Assessment. All cancellations must be placed in written form (via email). If the operator is unable to perform any part of the service, including hours, the balance of the non workable time will be returned to the client at a rate of $75 per hour. If the operator uses the equipment for a time period in excess of the service period agreed to above, the overage in service time will be billed to the client at a minimum of $100 per hour or where applicable the contracted hourly rate. Payment for any overage in time must be paid before additional hours are provided. A 15 minute Server Servicing may be required, This is how we back up, save and upload photos during your event. 85% of photo time is considered a complete running time. A credit is not awarded for the in operation of the 15%.
All items listed have a package value, that is no greater than the listed value. Photo Hour Credit- $75.00, Scrapbook/Album Credit – $20.00, Labeling Credit – $20.00. Banner – $100.00. Because of the high volume of scrapbooks requests during the high seasons, if this aspect of your event is crucial, we recommend, supplying your own book. Some areas are often in short supply, we apologize for any inconvenience, the attendants will do their best to accommodate. If for any reason there an element of your order that is incorrect, a credit of the balance will be issued. Many things occur over the weekend and both the dispatcher and attendants must act quickly to have the booth available for your guests. Please do not direct your questions and concerns to the attendants as they do not have any authority over disputes and credits. We appreciate your understanding to this clause.
All payments are subject to State Sales Tax (7.5%)
CONFIRMATIONS ***IMPORTANT*** PLEASE READ
All Official confirmations are sent electronically. This is not your Pre-Confirmation or Payment Confirmation. If you do not have a copy of your Event Kit Confirmation where you are asked to provide all your event details, please contact us so that we can resend it to you. You will need this completed in order for us to provide insurance for your event. This is extremely important. We need this completed no later than 7 days prior to your event. If you you do not receive a payment confirmation from online order, please contact us to confirm the order.
Please contact us Monday – Friday between 10:00am and 5:00pm to receive verbal confirmations. WE DO NOT PROVIDE EVENT CONFIRMATIONS ON SATURDAY AND SUNDAYS. All service reps are in the field prepping events, you will be directed to your confirmation email for details.
Please note that you can not change an afternoon event over to evening event with out approval from the coordination. Please call us directly to address such changes as they are subject to Coordination approval. Because all confirmation are sent electronically, the system cannot distinguish the cut off of 5pm. All 2 hour and 1 hour events must end by 5pm, some exception may apply. Please contact us for detail. The Saturday night minimum rental is 3 hours.
For the privacy and security of our customers, we do not give verbal confirmations over the phone. There is no way to identify how much private information someone may have or may be compromised. With a vast and variety of different types of Private Parties and Special Engagements we conduct each week, we send a single confirmation to the person who completes the Event Kit. Please make sure that all parties that are privileged to this information have a copy. You will need this to confirm any and all details if you speak to a coordinator.
IMAGES & VIDEO
We use a third party email service to transfer your images to you. In some cases the email may not be recognized by your email service provider. We apologize if this may occur. If you do not receive your images via email, please use the image request form here:
If your album is not presented to you at your event, all hard copies will be shipped to you 7-10 business days after you event.
We recommend that if your want your guest to leave video in the photo booth that you make an announcement to your party on site. This feature is highly passed up because they are unaware that they can take pictures and video. We are not responsible for video messages.
ACCESS, SPACE & POWER FOR PHOTO BOOTH
Client will arrange for access to the venue at least 30-60 minutes prior and 30 minutes after the contracted event time to allow for Photo Booth set-up, break down and loading. Client will arrange for an appropriate and reasonable space for the Photo Booth and access to the Photo Booth at event’s venue. Photo Booth dimensions are approximately (6’ long x 3’ wide x 6’ high). Client is responsible for ensuring a standard electrical power source (110V, 10 amps, 3 prong outlet) is available within 10 feet of the Photo Booth. Client is responsible for all parking, and an adequate space for the attendants car to be parked, including any charges that may be incurred for valet, tickets and towing, you are authorizing to add this any fees to your bill, absolutely no exceptions. We ask that you provide with a preferred arrival time at least one hour (1) prior to the start of your event for logistic and loading. In order to acquire the proper $2,000,000 General Liability Insurance, all Event Kits are due 7 days out with no exceptions. This is stated in your pre confirmation. We are not responsible for any overexposure of photos/stills or video if the booth is placed out side. We do not provide enclosed booth for Pool Parties, any changes will be made accordingly. We do not provide props for events where water will damage the props. Please be prepared to provide your own.The client is responsible for providing adequate shade and cover for protecting the booth and will run the risk of this problem. Please prepare for these conditions.
DATE CHANGES
Any request for a date change must be made in writing at least fifteen 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, the nonrefundable reservation fee shall be forfeited and event cancelled. If the event is cancelled for any reason, the non-refundable reservation fee is forfeited. If for any reason the weather does not permit the booth to be utilized on the day of your event for example rain or wind, you can always receive a date change at no charge. A credit can be provided minus the Administration Fee.
DAMAGE TO PROVIDER’S EQUIPMENT
Client acknowledges that it shall be responsible for any damage or loss to the Provider’s Equipment/Props caused by: a) Any misuse of the Provider’s Equipment by Client or its guests, or b) Any theft of equipment/props. Please remember that the prop table is not a place for drinks or a bar top. It is very common for drinks to spill causing damage to props that are vulnerable to liquids, including hats, boas and masks. You are responsible for all guests who attend the event, kids often take props from the table and they are not returned. Prop Assessment for replacement can range from $10.00 – $150.00 depending on items that need to be replaced. There is a $10.00 restocking fee for any replaced Props.
WE RESERVE THE RIGHT
We reserve the right to refuse service if the attendant or employee of the Provider feels the work environment is unsafe or the employee feels threatened by any of the Clients guests, including coordinators, venue staff, family and friends. If this aspect of the agreement is breached, the Client forfeits any credit or refund. This is applicable to both prep-work and upon attendant arrival. We do not tolerate any type of abuse, both verbal and physical.
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 its representatives, employees or affiliates at Client’s event.
INJURY
Any injury suffered by an Employee, Owner or Affiliate of the Provider while on site will be taken care of by personal insurance unless injury is caused by malicious intent, or strong negligence. The reserving party agrees on behalf of all guests, vendors and venue employees attending the said event to release the Provider from all liability due to injury or damage caused by improper use of the photo booth at anytime during the onsite presence of the provided photo booth.
SERVICE
In the event Provider 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 the printer fails to print out photos on site the Provider will be allowed to give a web site to the client where their guests can log onto and download prints free of charge. All hard copies will mailed out in 7-10 business days after discovery and review. If no service is received by Client due to circumstances out of Providers control, Provider’s maximum liability will be the return of all payments received from Client. Provider is not responsible for any consequential damages or lost opportunities upon breach of this agreement. *Working refers to the photo booth in service, taking pictures and collecting digital images. The Provider is not responsible for any outcomes related to the manipulation of the Events Photo Album, Scrapbook, Guestbook, Photo Stills, including changes that are in tone or Black and White prints as the attendants are only there to assist with the technical and mechanical aspects of the rentals. The attendants are not responsible for any task to be performed outside their assigned photo booth assignment. We do not offer full color/bleeded prints with promotional rates, please ask about our full rate package upgrade. The Provider not responsible for monitoring or policing the keepsake, including the strips provided.
THIRD PARTY REVIEWS/DISPUTES
This is the entire agreement between Provider and Client relation 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 solve any arguments via arbitration and will be resolved within thirty (30) days.
RELEASE
Client agrees to , and understands the following: All guests using the photo booth hereby gives Provider 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. In addition I, hereby release, discharge and agree to save harmless Provider, from any liability , that may occur or be produced thereof, including without limitation any claims for libel or invasion of privacy. The client may request to opt our of this section with written submission.
