Terms of Use

TERMS & CONDITIONS 

This Contract is made effective for all purposes in all respects by and between “Picture Perfect Photo Booth" hereinafter referred to as the “VENDOR" and the inquirer of services, hereinafter referred to as the “CLIENT" relating to any event(s) by the COMPANY hereinafter referred to as the “EVENT(S)".

SERVICE PERIOD 

Pursuant to the responsibilities of the Client, Vendor agrees to have a photo booth operational for a minimum of 80% during this period; occasionally, operations may need to be interrupted for maintenance of the photo booth.

CHANGES AND CANCELLATIONS

Any request for a date, time, or location change must be made in writing at least sixty (60) 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, time, or location, deposit shall be forfeited and no photo booth services will be provided. Any cancellation occurring less than sixty days prior to the event date shall forfeit all payments received.

PHOTOBOOTH ACCESS, SPACE AND POWER

Client shall arrange for an appropriate space for the photo booth at Client’s venue. Space must be level, solid, and at least 6’ by 9’. It is the Client’s responsibility to ensure access is possible. Photo booth may be placed in an exterior location, provided it is protected from weather. Client is responsible for providing power to the photo booth (110V, 10 amps, 3 prong outlet).

WIFI ACCESS 

Vendor media package requires Client to provide or guarantee a venue Internet connection of at least (1MB). Vendor is not responsible for insufficient social media 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. Vendor is not responsible for the lifespan of any digital media provided for any future changes in digital technology or media readers that might result in an inability to read discs provided. It is the Client's responsibility to make sure that digital files are copied to new media as required.

LIABILITY

It is understood that Vendor is only liable for services completed and provided by Vendor and cannot be held liable for the services of other contracted vendors. It is understood that in no event shall Vendor be liable for consequential damages of any kind.

CANCELLATION POLICY

If the event is canceled, no portion of the fees paid to Vendor will be returned. If an event is canceled less than 1 month before the date, 2nd payment will be required to compensate for hours of service already rendered and loss of event date. If the event is postponed, services contracted can be applied to a new date if available (refer to Postponement Policy).

POSTPONEMENT POLICY

If an event is postponed, all services will cease at time of notification of postponement if no determined new date is provided. Payment schedule will be determined and readjusted post new event date notification. If client requires services to resume, post new event date being established, second payment will be required at time of service restart.

RESPONSIBILITY

Vendor is not responsible for Acts Of God, Natural Disasters, an Act Of Government such as A Declaration of National or Local Emergency, or Other Incidents Not within the control of the Vendor, i.e. accident, death in the family, illness, pregnancy, or sudden tragic circumstance. In such a situation, Vendor will obtain, upon approval of the client, a qualified professional replacement to fulfill Vendor's obligations under the contract, at no additional charge to the client.

DAMAGE OR LOSS OF ACCESSORIES

Client agrees to exercise all due care in caring for, and preserving the property of Vendor. Clients shall remain responsible for all loss or damage to rentals, props, and any item that relates to the photo booth, arising from Client's negligence, up to and including actual replacement value for each missing or damaged item per cost.

MODEL RELEASE

Vendor reserves the right to use images produced with its photo booth 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 Vendor, 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 vendor 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 vendor, its parent vendor, 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 vendor be liable to client or anyone else for loss, damage or injury, including, without limitation, death or personal injury. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to client. Client agrees todefend (at vendor's request), indemnify, and hold the vendor, its parent vendor, 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 any way 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.

EXCLUSIVITY

EXCLUSIVITY. Client understands and agrees that he or she has hired Vendor exclusive of any other service provider. In order to provide a high level of satisfaction and quality of service, no other service providers, other than any assistant or third party that Vendor hires to complete the Services outlined in this Agreement, are permitted to provide the same or similar services or products, paid or unpaid, at the locations and dates specified in this Agreement.

INTELLECTUAL PROPERTY

COPYRIGHT OWNERSHIP. In the event that any copyrighted work(s) are created as a result of the Services provided by Vendor in accordance with this Agreement, Vendor owns all copyrights in any and all work(s) it creates or produces pursuant to federal copyright law (Title 17, Chapter 2, Section 201-02 of the United States Code), whether registered or unregistered. Any and all products, whether tangible or intangible, produced or created in connection with, or in the process of fulfilling this Agreement, are expressly and solely owned by Vendor and may be used in the reasonable course of Vendor’s business.

LIMIT OF LIABILITY

MAXIMUM DAMAGES. agrees that the maximum amount of damages he or she is entitled to in any claim relating to this Agreement or Services provided in this Agreement are not to exceed the Total Cost of Services provided by Vendor. The photo booth cannot be used in any manner that violates any law, statute, ordinance or regulation. If anyone from The Client's party is physically or verbally violent towards Vendor's staff or equipment, Vendor holds the right to end the rental service early with no compensation for the lost rental time. The Client would be required to pay for the cost of repairing or replacing the property that has been damaged during the Client's event when such damages arise from Client’s negligence. Security deposit for events without an Attendant and Do-it-yourself rentals: We understand that our clients might not require having a Vendor staff member attending their event. In this case, we are required to have the Client's credit card information and that card won't be charged until we get the equipment back in good working condition.


LOSS OF PRODUCT. In the event that any or all product(s) are lost, such as damage to or loss of a component of the product necessary for final delivery, Vendor shall refund Client a prorated portion of the Total Cost based on the amount of Services that were completed/provided against the amount of Services that were agreed to be completed/provided.



INDEMNIFICATION. Client agrees to indemnify, defend and hold harmless Vendor and its affiliates, employees, agents and independent contractors for any injury, property damage, liability, claim or other cause of action arising out of Client’s negligence related to Services set forth in this Agreement and/or product(s) Vendor provides to Client.

MISCELLANEOUS

If the printer fails to print out photos on site, Picture Perfect Photo Booths 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 paying the deposit, the customer agrees to be bound by the terms of this Agreement. The quality of photos or prints is subjective and not grounds for refunds. The last photo booth session must end 5 minutes before the end of the contracted time. Children may not be left unattended in the photo booth area.

GENERAL PROVISIONS

Governing Law. The laws of Nevada govern all matters arising out of or relating to this Agreement, including torts.

Severability. If any portion of this Agreement is deemed to be illegal or unenforceable, the remaining provisions of this Agreement remain in full force.
Notice. Parties shall provide effective notice (“Notice”) to each other via either of the following methods of delivery at the date and time which the Notice is sent:

ATTORNEY

If legal action is necessary to enforce the terms of this contract the prevailing party shall be entitled to reasonable attorney fees in addition to any other remedies to which that party might be legally entitled. The Client(s) expressly agree(s) to take best efforts to provide [Vendor] and Vendor's staff with safe and appropriate working conditions. In the event of circumstances deemed by either [Vendor] or a bystander to present a threat or implied threat of injury or harm to [Vendor] staff or equipment, the [Vendor] reserves the right to cancel all services remaining under this Agreement and leave the event. At the [Vendor]’s discretion, the [Vendor] may enact a three-strike policy. After the first offense, the [Vendor] will make reasonable efforts to notify the Client(s) or a responsible party. If the Client(s) is/are able to respond to the threatening situation in a reasonable amount of time (maximum of 15 minutes), [Client] shall resume work in accordance with the original terms of this Agreement. If the threatening behavior occurs for a second time, the Client(s) will agree to remove the offending person for the remainder of the event. If the behavior occurs a third time, the [Vendor] will immediately leave the event. If the [Vendor] leaves the event early due to any offending behavior, the Client(s) expressly agree to relieve and hold [Vendor] harmless as a result of incomplete event coverage, or for a lapse in the quality of the [Vendor] work, and the Client(s) shall be responsible for payment in full.

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