The following contract and its terms will set forth an agreement between Time Into Pixels Photography (PROVIDER) and the “First name” and “Last name” of client during the (CLIENT), for photo booth services for an event taking place at “Venue / Location Address” (EVENT) which is written on the reservation webpage (/reserve/) during the booking process. 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 (“Please select the desired date and time”) (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, maintenance, paper jams, etc. If CLIENT requests an early setup (greater than one hour before the beginning of the RENTAL TIME), CLIENT will pay a $75.00 fee.
A non-refundable retainer in the amount of $300 is due upon signing of this contract. The remaining amount is due 10 business days in advance of CLIENT’S EVENT. In the event that the CLIENT does not pay the remaining balance within 10 days of the event, the CLIENT authorizes PROVIDER to charge the credit card on file for the remaining amount due. 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 $100 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.
ACCESS, SPACE & POWER FOR PHOTO BOOTH
CLIENT will arrange for an appropriate indoor space (approximately 6 foot by 6 foot space) for the photo booth at EVENT’S venue. CLIENT is responsible for providing a standard power outlet within 20 feet the photo booth.
PROOF OF TEMPLATE
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, misspells or errors on the said template.
DATE CHANGES & CANCELLATIONS
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.
DAMAGE TO PROVIDER’S EQUIPMENT
CLIENT acknowledges that it shall be responsible for any damage or loss to the PROVIDER’S equipment caused by: a) Any misuse of the PROVIDER’S equipment by CLIENT or its guests, or b) Any theft or disaster (including but not limited to fire or flood).
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 it’s representatives, employees or affiliates at CLIENT’S event.
CLIENT agrees to and understands that all guests using the photo booth hereby give to Time Into Pixels Photography 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. When reserving our services through our website, CLIENT can write “NO MODEL RELEASE” within the booking form and COMPANY will not use CLIENT’S portraits or pictures of any photo booth user and nullify this model release section.
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 several 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 photos on site, the PROVIDER will be allowed to give a web site to the CLIENT where there guests can log into 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 is not responsible for any consequential damages or lost opportunities upon breach of this agreement.