The Service date will be as outlined below. Provider agrees to have a Das Photo Booth operational for a minimum of 80% during this rental; occasionally, operations may need to be interrupted for maintenance of the Photo Booth.
A non-refundable reservation deposit in the amount of $200.00 is due upon signing of this contract. The remaining amount is due 6 weeks in advance of Client's Event, unless otherwise agreed upon. If further payments or payment in full is received prior to the 6 weeks in advance of Client's Event it will be considered non-refundable if event is cancelled. If the Client uses the equipment for a time period in excess of the service period agreed to in the invoice above, the overage in rental time will be billed to the Client at the following rates: $100.00 per hour. 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 and will also pay for the cost of any props taken by guests and not returned.
ACCESS, SPACE & POWER FOR PHOTO BOOTH
Client will arrange for an appropriate space for the Photo Booth at event's venue. (5’ deep x 5’ wide x 7’ high minimum) or (roughly a 10' deep by 10' wide space). Client is responsible for providing power for the Photo Booth. (110V, 10 amps, 3 prong outlet) within 15' of the Photo Booth. Client is responsible for providing a table for props.
DATE CHANGES & CANCELLATIONS
Any request for a date change must be made in writing at least 6 weeks 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 deposit shall be forfeited and event cancelled. If event is cancelled for any reason, the non-refundable reservation deposit is forfeited as well as any other payments received as of that date.
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).
Client will acknowledge that the attendant holds the right to shut down the booth temporarily if a guest at the event is in any way violent, overly intoxicated, or causing damage to the Photo Booth. The attendant will immediately contact the organizer to find a resolution.
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 Das Photo Booth its representatives, employees or affiliates at Client's event.
Client agrees to, and understands the following: All guests using the photo booth hereby give to Das Photo Booth 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 Das Photo Booth, 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.
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 80% 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