SERVICE PERIOD
Provider agrees to have a PHOTO BOOTH operational for a minimum of 85% during booking period; occasionally, operations may need to be interrupted for maintenance of the Photo Booth, but is very rare. A vendor meal must be provided for each attendant present if 2 or more hours of service is provided.
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PAYMENT
A non-refundable reservation fee starting in the amount of $125 depending on Package selection is due upon signing of this contract. The remaining amount is due 14 days in advance of Client's Event. If the operator uses the equipment for a time period in excess of the service period agreed to in the invoice below, the average in rental time will be billed to the operator at the following rates: Starting at $125 per hour and up depending on Package Selection.
Payment for any overage in time must be paid before additional hours are provided. Client agrees that in addition to any and all other legal rights and remedies Provider may have, Client will pay a $50.00 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.
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ACCESS, SPACE & POWER FOR PHOTO BOOTH
Client will arrange for an appropriate space for the Photo Booth at event's venue. (10’ deep x 10’ wide x 9’ high) with a electric plug nearby.
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DATE CHANGES & CANCELLATIONS
Any request for a date 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, the non- refundable reservation fee shall be forfeited and event cancelled. If event is cancelled for any reason, the non-refundable reservation/deposit fee is forfeited.
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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, flood or earthquake). ALL CHILDREN MUST BE ACCOMPANIED BY AN ADULT 18+ DURING THE DURATION OF THEIR TIME AT THE PHOTOBOOTH.
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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 360 PHOTOGRAPHY IN DMV
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MODEL RELEASE OPTION
Client agrees to, and understands the following: All guests using the photo booth hereby give to 360 PHOTOGRAPHY IN DMV 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 360 PHOTOGRAPHY IN DMV, 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.
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MISCELLANEOUS TERMS
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 separate 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 85% of the Service Period, Client shall be refunded a prorated amount based on the amount of service received. 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.