The following contract and its terms will set forth an agreement between VIP Photo Booth (PROVIDER) and the client whose first and last name are entered on the reservation webpage (CLIENT), for photo booth services for an event taking place at the venue entered on the reservation webpage (vip-booths.com/reserve) during the booking process (EVENT). This written contract sets forth the full, written intention of both parties and supersedes all other written and/or oral agreements between the parties.
The service period will be during the CLIENT'S booked hours (the date and time selected on the reservation webpage) (RENTAL TIME/RENTAL DATE) which the CLIENT will choose when reserving the booth. PROVIDER agrees to have the photo booth operational for a minimum of 80% during this period; occasionally, operations may need to be interrupted for maintenance of the photo booth such as changing paper, ink ribbon, software configuration, maintenance, paper jams, etc. If CLIENT requests an early setup (greater than 1.5 hours before the beginning of the RENTAL TIME), CLIENT will pay a $75 fee.
The payment of $300 is due at the time of booking, unless otherwise noted. The remaining balance is payable in full 14 days before the EVENT(S). If the CLIENT uses the equipment for a time period in excess of the service period agreed to written above, the overage in rental time will be billed to the CLIENT at $200 per hour. Payment for any overage in time must be paid before any images are made available for printing and viewing unless otherwise noted by PROVIDER. CLIENT agrees that in addition to any and all other legal rights and remedies PROVIDER may have, CLIENT will pay a $35.00 fee for any and all returned checks which CLIENT may write to PROVIDER as payment for any service by PROVIDER or rental of PROVIDER'S equipment.
CLIENT will arrange for an appropriate indoor space for the photo booth at EVENT LOCATION (8 foot by 8 foot space). CLIENT is responsible for providing a standard power outlet within 20 feet of the photo booth. PROVIDER will not set up the photo booth or similar service if the event is outdoors, unless agreed upon in advance.
CLIENT is responsible to communicate setup times for the photo booth before the EVENT. If PROVIDER arrives at EVENT and is unable to set up because the location is not ready or not accessible, the CLIENT will pay an additional $100 per hour of time spent coordinating setup, returning to EVENT, etc. PROVIDER does not guarantee the right to render service and return if the location is not ready or not accessible during the agreed upon setup time. The PROVIDER will not set up in a location accessible exclusively via stairways, primarily on account of the considerable weight of the photo booth and associated equipment.
CLIENT is fully responsible for the spelling, written date and design of the photo template that is created by the PROVIDER. After the final draft of the photo template has been approved by CLIENT, PROVIDER can not be held responsible for any mistakes, misspellings or errors on the said template.
Any request for a date change must be made in writing at least 30 days in advance of the original event RENTAL 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 retainer shall be forfeited and EVENT cancelled. Any cancellation occurring less than thirty days prior to the event RENTAL DATE shall forfeit all payments received. Cancellations made prior to 30 days will forfeit their $300 retainer.
Ensuring the appropriate behavior of all guests and other persons at the Event shall be the responsibility of CLIENT. In the event that PROVIDER'S employees experience any inappropriate, threatening, hostile or offensive behavior from any guest or other person at the EVENT LOCATION (including, but not limited to, unwelcome sexual advances and verbal or physical conduct of a sexual nature) then the following process shall be followed: first offense: a verbal warning will be issued to a family member/employee of the CLIENT; second offense: the offending person will be required to leave the EVENT; third offense: PROVIDER will end coverage immediately and leave the EVENT LOCATION and shall be entitled to retain all monies paid hereunder and CLIENT agrees to relieve and hold PROVIDER harmless as a result of incomplete service.
The performance of the agreement by either party shall be subject to force majeure, including but not limited to acts of God, fire, flood, natural disaster, war or threat of war, acts or threats of terrorism, civil disorder, unauthorized strikes, governmental regulation or advisory, recognized health threats as determined by the World Health Organization, the Centers for Disease Control, or local government authority or health agencies (including but not limited to the health threats of COVID-19, H1N1, or similar infectious diseases), curtailment of transportation facilities, or other similar occurrence beyond the control of the parties, where any of those factors, circumstances, situations, or conditions or similar ones prevent, dissuade, or unreasonably delay at least 25 percent of prospective event attendees from appearing at the EVENT LOCATION, or where any of them make it illegal, impossible, inadvisable, or commercially impracticable to hold the event or to fully perform the terms of this agreement. This agreement may be cancelled by either party for the reasons listed above, and any retainer paid by CLIENT shall be held by PROVIDER until the event has been rescheduled. Any retainer sent to PROVIDER shall be kept, whether or not the event takes place.
It is the responsibility of the CLIENT to provide a safe working environment for the PROVIDER'S staff. If the health, safety, well-being or life of the PROVIDER or the PROVIDER'S equipment is in jeopardy, both perceived or real, the PROVIDER may remove himself/herself and all photography equipment from the premises or event. So far as it is safe, the PROVIDER will give notice to the CLIENT of the danger presented to the PROVIDER or the PROVIDER's equipment before leaving the premises. In such a situation, the PROVIDER will not be held liable for any missed coverage of the events of the day. The PROVIDER will not be held liable for a reduction in the final number of provided images for any situation the PROVIDER leaves due to possible jeopardy to the attendant and/or all photography equipment. The PROVIDER shall be entitled to retain all monies paid hereunder and CLIENT agrees to relieve and hold PROVIDER harmless and without liability as a result of incomplete event coverage. CLIENT must not alter, modify, tamper with, or damage the PROVIDER'S equipment in any circumstance, which includes, but is not limited to, starting the photo booth before the RENTAL TIME, opening the photo booth or equipment, turning on the camera, etc. Doing so could result in financial damages which the CLIENT would be responsible for, delays and potential forfeit of event.
CLIENT agrees to, and understands the following:
a) CLIENT will indemnify PROVIDER against any and all liability related to CLIENT'S event during CLIENT'S event. CLIENT will indemnify PROVIDER from the time of service and on into the future, against any liability caused by 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.
c) PROVIDER will indemnify CLIENT and CLIENT'S employees, guests and affiliates against any and all liability associated with injuries, damages and/or other losses due to PROVIDER'S actions or inactions.
CLIENT agrees to and understands that all guests using the photo booth hereby give to CLIENT the right and permission to copyright and use portraits or pictures of any photo booth user. These said portraits or pictures can and may be used in an illustration, art, promotion, advertising, trade, or any other purpose. In addition CLIENT hereby releases, discharges and agrees to save PROVIDER 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. CLIENT can opt out by emailing "NO MODEL RELEASE" to hello@vip-booths.com before the EVENT, and PROVIDER will not use CLIENT'S portraits or pictures of any photo booth user and will nullify this model release section.
PROVIDER shall not be held responsible for any issues arising from client-induced actions, including but not limited to unplugging of the photo booth, unplugging equipment, moving equipment, turning on or off the booth's lighting or tampering with any equipment or components of the equipment. If any of the above situations occur and result in a disruption of service, PROVIDER shall not be obligated to provide a refund or compensation to CLIENT.
The CLIENT has the option to include a guest book service as part of the photo booth rental package. This service includes the provision of a guest book, additional prints, assistance from an attendant to compile photos, and necessary supplies such as pens. Should the CLIENT opt to provide their own guest book or decline this service, the PROVIDER shall not be responsible for compiling or assembling any guest book or photo album on behalf of the CLIENT. The CLIENT acknowledges that any decision to bring their own guest book absolves the PROVIDER from any obligation related to the creation or maintenance of such a guest book.
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 severable from the rest of this contract and shall not affect the validity and enforceability of any remaining provisions, or portions thereof. This is the entire agreement between PROVIDER 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 solve any arguments via arbitration. 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 order prints free of charge with free shipping as well as the ability to download the digital files for their own use. If no service is received, PROVIDER'S maximum liability will be the return of all payments received from CLIENT. PROVIDER and CLIENT are not responsible for any consequential damages or lost opportunities upon breach of this agreement.