CLIENT AGREEMENT

 

THE BOOTHTIQUE PHOTO BOOTH RENTAL AGREEMENT

 

Completing the Booking form constitutes agreement to this contract. You are responsible for reading the entire agreement.

The following contract and its terms will set forth an agreement between The Boothtique Photo Booth (provider) and Event host/client (Client), for photo booth services for their 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. Signature on Booking Form/ Contract constitutes agreement to this document.

SERVICE PERIOD AND SERVICE TERMS

The Service Period will be from the times listed on the attached form. We will arrive approximately 90 minutes before the service period. If for any unforeseen reason we are unable to arrive until your event begins or need to arrive early, we will notify you as soon as we know. Provider agrees to have the Photo booth operational for a minimum of 80% of the paid rental period; occasionally, operations may need to be interrupted for maintenance of the Photo Booth (changing photo paper, adjusting camera, adjusting printer, fixing unexpected lag, or returning to the event to complete such tasks etc). If for any reason on our part (including but not limited to equipment malfunction), we are unable to start your event at the agreed upon time or continue your event, we will compensate you for any lost service time first by providing additional time up to 30 minutes if your venue permits or if your venue does not permit, a prorated refund not exceeding $20 for each hour lost. No compensation shall be made for delay caused by client once the staff has arrived at the event location noted on the contract whether due to incorrect address, insufficient power, unclear instructions, no A/C power plug available within 5 feet of the photo booth or otherwise. No compensation shall be made for idle time or lost time resulting from the client’s express permission for the staff to leave before the service time is over or for guests choosing not to use the photo booth. No compensation shall be made for guests choosing not to use the photo booth. Quality of photos or prints is subjective and not grounds for refunds. All our equipment are industry standard for the purpose of novelty photo booth rental service. Please note that the last photo booth session must end 5 minutes before the service end time. Any additional time requested by host if available must be paid in increments of no less than 30 minutes at $75. Payment must be made before additional time can be allowed. Any additional time provided or which the photo booth is used without payment will be billed to the client based on the time stamp of the photos at $5 per photo session. Photo Booth staff are not allowed to consume alcoholic beverages during service period or take photographs with guests or host. Client acknowledges that any actions of the guests including but not limited to misuse of props by client or client’s guests including children in a manner that causes harm to another person is the sole responsibility of said person. Client acknowledges that any actions of the photo booth staff beyond their assigned job description is the sole responsibility of the staff member. Client agrees that The Boothtqiue Photo Booth or its owner shall not be held liable or responsible for any actions of the guests or for any actions of the photo booth staff that is not detailed in their job description. Liability Insurance Policy for the company is available upon request.

PAYMENT

For discounted price, full payment is required to reserve event date. Service will not be rendered if full payment is not received 14 days prior to event date. We accept most credit and debit cards. Once this signed agreement is received, we will send you an electronic invoice for your contract total. You may choose to pay with cash or check if you prefer. Please be advised that the check will be deposited within 5 business days of receipt unless otherwise agreed at time of payment. We do not secure your date on our calendar until 50% non refundable deposit is made and signed contract have been received. Payment for extra time must be completed before time can be provided at your event. We may not be able to provide extra hours if not previously arranged. Extra hours provided without being scheduled must be paid in full via electronic invoice or cash at the rate stated above. 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 each returned check. Any parking fees required to allow access to the venue or required for the delivery staff to remain at the event for the duration of the event or setup time must be paid by the client on the same contract invoice. Any payment for parking fees not received may delay the attendant and will be billed to the client after the event.

ACCESS, SPACE & POWER FOR PHOTO BOOTH

Client will arrange for an appropriate space for the Photo Booth at the event venue. The open concept photo booth setup requires a minimum space 8’ deep x8’ wide x 9’ high. Client is responsible for ensuring power is available for the Photo Booth, within a 5 feet distance. (Approximately 120V, 5 amps, 3 prong outlet). The outlet must not be shared with any other appliance. Photo booth setup area should preferably be indoors especially during the day. If outdoors, client should ensure adequate shade from the sun to ensure good lighting of photos. A solid wall is necessary for setup to avoid wind interference. Event may be cancelled and payment forfeited if indoor or covered setup is not available upon delivery. Client must provide a canopy if the area for the photo booth has no shade. Client must provide an indoor setup if rain or inclement weather is forecast. Setup area must be free of potential hazardous materials or items. Client must provide a 4′ wide x 2′ long space for prop table. Children must be supervised by an adult at all times to avoid injury. Our open concept photo booth setups are not wheelchair accessible by default. Height adjustment for children or wheelchair can be made, as the photo booth has a tilt feature. The photo booth once setup must not be moved to avoid potential hazard.

DATE CHANGES, CANCELLATIONS & REFUNDS

Any request for a date change must be made in writing at least thirty 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 deposit shall be
forfeited. Any cancellation occurring less than thirty days prior to the event date shall forfeit all payments received.  A full refund will only be provided in the event that services cannot be rendered at all due to unforeseen circumstances on our part. Notification of such cancellation will be made as soon as possible and once refunded, The Boothtique shall no longer be indebted to the client. Chargeback requests made without first requesting a refund shall be handled in small claims court on a case by case basis. Cancellations made by client or due to insufficient or incorrect space after the staff has arrived at the venue will not be refunded. Refunds may take up to 14 days to be processed. Payment can be changed into credits in place of refund and used for another event. Price changes for future booking using credit will require additional payment to complete the booking. Refund of any upgrade or add-on is subject to $10 cancellation fee per item minimum. Gift Certificates cannot be exchanged with cash and are subject to cancellation fees above.

 

DAMAGE TO PROVIDER’S EQUIPMENT

Client acknowledges that in the absence of damage waiver payment, client shall be financially liable for any accidental damage to the Provider’s Equipment. Client is responsible for loss or damage to 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 rain, fire or flood but excluding acts of God). Optional Damage Waiver covers only proven accidental damage. Damage waiver does not cover any damage caused by client requesting the booth to be setup outside without a covering. Waiver does not cover loss, theft, or vandalism. See payment and coverage information below. $50 fee may be billed to client if the photo booth setup was moved by client or guests during the event.

INDEMNIFICATION

Client agrees to, and understands the following:
a) Client will indemnify provider and its associates against any and all liability related to Client’s and client’s guests’ use or misuse of the photo booth and props during or after Client’s event including events arising from use of the photo booth by children.
b) Client will indemnify Provider and its vendors against any and all liability associated with the use of pictures taken within the
Photo Booth, or by its representatives, employees or affiliates at Client’s event.
c) Client will indemnify Provider from the time of service and on into the future, against any liability associated with said use.

MODEL RELEASE

Client agrees to, and understands the following: The Boothtique Photo Booth owns the copyright and reserve the right use, photographic portraits or pictures of any photo booth user who may be included intact or in part, for any and all media now or hereafter known for illustration, art, promotion, advertising, trade, or any other purpose. The Boothtique Photo Booth and its providers are released, discharged and will be held harmless 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. Photos may not be used by client or affiliates for any purpose other than personal use without express permission of The Boothtique Photo Booth. We respect your privacy so please let us know if you would like your photos to be kept private and not used.

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 disputes via arbitration or small claims court. 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 Service Period Clause of this contract. If the printer fails to print out photos on site the Provider will be allowed to provide prints at a later time free of charge with free shipping as well as the ability for guests to download the digital files for their own use. By signing this agreement client agrees to be bound by the terms of the agreement. Sending this agreement to the client constitutes provider’s agreement with its terms.