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Please read the following contract carefully
1./PHOTO BOOTH SERVICE AGREEMENT
The following contract and its terms will set forth an agreement for those named above and Snapshot Moments Photobooth for photo booth services for the aforementioned details. This written contract sets forth the full, written intention of both parties and supersedes all other written and/or oral agreements between the parties. Provider agrees to have the Photo Booth operational for a minimum of 80% during this period; occasionally, operations may need to be interrupted for maintenance of the Photo Booth (changing photo paper, adjusting camera, adjusting printer, etc).
2./PAYMENT
A non-refundable retainer in the amount of $200.00 is due upon signing of this contract. The remaining amount is due one week prior to the day of the event. If payment is received after this date, client may be subject to a 10% late penalty fee. No services will be provided if payment is not made in full. We accept checks, credit cards and payment via Paypal. We do not secure your date on our calendar until the retainer AND contract is received.
If the rental time period exceeds the service period agreed to in the invoice below, the overage in rental time will be billed to the operator at the rate of $250.00 for each hour. Payment for any overage in time must be paid before additional time is provided. Client agrees that in addition to any and all other legal rights and remedies Provider may have, Client will pay a $45.00 fee for any and all returned checks.
3./ACCESS, SPACE & POWER FOR PHOTO BOOTH
Client will arrange for an appropriate space for the Photo Booth at event's venue. The open air photo booth requires approximately a space of 10’ deep x 8’ wide x 8’ high. We also will require ample space for a decent sized table for props, small table for drinks from guests, and a small table for the guestbook. Client is responsible for ensuring proper power is available within 15' from the Photo Booth. (110V, 10 amps, 3 prong, properly installed and grounded outlet).We reserve the right to refuse to setup for unsafe electrical conditions.
4./DATE CHANGES & CANCELLATIONS
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 retainer shall be forfeited and event cancelled. Any cancellation or changes occurring less than thirty days prior to the event date shall forfeit all payments received.
5./DAMAGE TO PROVIDER'S EQUIPMENT
Client acknowledges that it shall be responsible for any damage or loss tothe 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). In the event of malicious behavior, or circumstances deemed by provider's staff to present or imply a threat to provider’s equipment or personnel, we reserve the right to cease operations at the event. Provider allows ample time, not to exceed 15 minutes, to resolve the situation for operations to resume. Client remains liable for payment in full
6./INDEMNIFICATIONM
Client agrees to, and understands the following:
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.
Client will indemnify Provider against any and all liability associated with the use of pictures taken within the Photo Booth, by its representatives, employees or affiliates at Client's event.
Provider will indemnify Client for any negligence on part of the Provider during the time of service.
7./MODEL RELEASE OPTION (Yes or No Option)
YESNO
We realize some clients want the photos from their event to remain private. We'd love to use your photos on our web site, but understand your privacy. Client agrees to, and understands the following: All guests using the photo booth hereby give Snapshot Moments: 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 Snapshot Moments, 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.
8./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 80% of the Service Period, Client shall be refunded a prorated amount based on the amount of service received. If the printer fails to print out photos on site the Provider will be allowed to give a web site to the client where there guests can log onto and order prints free of charge with free shipping as well as the ability to download the digital files for their own use; we would also provide client with a copy of all prints that are missing
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