Terms and Conditions

SERVICE PERIOD

Pursuant to the responsibilities of the Client, Company guarantees to have a photobooth operational for a minimum of 80% during the service period (occasionally, operations may need to be shortly interrupted for photo optimization, maintenance, and/or to restock photo paper).

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 photobooth availability and receipt of a new Service Contract. If there is no availability for the alternate date, time, or location, deposit shall be forfeited and no photobooth services will be provided. 

Any cancellation occurring less than thirty (30) days prior to the event date shall forfeit all payments received and no photobooth services will be provided.

Any payments received for events booked less than thirty (30) days ahead of the event date are not subject to refunds. In the event of a cancellation, the payments collected can be applied to a future date based on availability.

PARKING

Client shall provide parking for Company’s vehicle while at Client’s Event.  The parking space shall be within close proximity to the venue, and Client shall provide any necessary parking permit or pass prior to the event date.

PHOTOBOOTH ACCESS, SPACE AND POWER

Client shall arrange for an appropriate space for the photobooth at Client’s venue. Space must be level, solid, and at least 6’ by 9’. Client represents that there are no obstacles (including but not limited to: stairs, water hazards or uneven terrain) that will make delivery or setup of the photobooth unachievable. Accessibility for the photobooth delivery, load in, and set up will be available 2 hours before the event and a minimum of 1 hour after the event has concluded. If the venue can grant more than 2 hours prior to the start of the event and 1 hour after the end of the event, please notify Company at time of booking. If a classic photobooth must be transported up or down a stairway, special arrangements must be made before the event; a $350 surcharge may be added. Doorways must be at least 32 in W. The client also agrees to provide a standard 120-volt, 3 prong electrical outlet no more than 15 feet from the desired booth location. The photobooth will need 15 amps of electricity. Photobooth may be placed in an exterior location, provided it is protect from weather. 

WIFI ACCESS

Company social media & email package requires Client to provide or guarantee a venue Internet connection of at least (1MB). Company is not responsible for insufficient social media and email features below the required Internet speed.

ONLINE GALLERY

Upon receiving downloadable link for high-resolution files, Client accepts all responsibility for archiving and protecting the photographs. Company is not responsible for the lifespan of any digital media provided for any future changes in digital technology. It is Client’s responsibility to make sure that digital files are copied to new media as required.

DESIGN

Any photobooth customizations will be based on material supplied by Client, including logos, fonts, monograms, and ideas. Company will provide a draft and two revisions, additional revisions will be billed to Client at ($100) an hour.

EXPEDITED PRINTING FEES

A $3000 rush fee will be applied to any Custom Package whose printed element's artwork is approved by Client within 7-10 business days of event date. 

Custom Packages booked with 6 business days of event date are subject to approval by Company based on availability. 

A $1000 rush fee will be applied to any Standard Package whose printed element's artwork is approved by Client within 7-10 business days of event date. 

A $1500 rush fee will be applied to any Standard Package whose printed element's artwork is approved by Client within 6 business days of event date.

Please note all events requiring custom printed elements (ie. custom posters, custom background panels, full booth wraps) must have all artwork approved by Client ten (10) business days before the event date to avoid a rush fee. 

MODEL RELEASE 

Company reserves the right to use images produced with its photobooth 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 PHOTOBOOTH 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.

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 Company is unable to supply a working photobooth 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, Company’s maximum liability will be the return of all payments received from Client. Prior to any party commencing an action, each party shall meet in a good-faith attempt to resolve their differences. Should both parties be unable to resolve their dispute, both parties agree to submit their dispute to a neutral mediator. Both parties agree to the jurisdiction, venue, and choice of law of Company’s principle place of business at the time of the execution of this Agreement.

While highly unlikely, Company reserves the right to refuse service for booked events if deemed necessary based on availability, event type, or untenable working conditions. In the event this refusal occurs, any collected payments will be refunded to Client by Company.

ALL SALES ARE FINAL.

Client understands and agrees that all sales and service fees are final.

The signees have read this contract, understand its terms, and agree to be bound thereby. Any additions, deletions, or revisions must be made in writing and approved by all responsible parties. The parties agree that this contract is the complete and exclusive statement of the mutual understanding of the parties.