Contract The following contract and its terms will set forth an agreement between PHOTOMATIC PHOTO BOOTH (Provider) and ______________________________ (Client), the parties, for photo booth services for an event taking place on ______________________. This written contract sets forth the full, written intention of both parties and supersedes all other written and/or oral agreements between the parties. * Agree SERVICE PERIOD: The Service Period agreed upon is the following: Date:_______ Start Time:_____ End Time:_____ Photomatic Photo Booth agrees to have the photo booth operational for the time period specified, with a minimum of 85% operational period. Occasionally, operations may need to be interrupted for maintenance of the Photo Booth (changing photo paper, adjusting camera, adjusting lighting, adjusting printer, etc.) to achieve quality service, with maintenance not to exceed 15% of the agreed upon period. Photomatic Photo Booth will deliver, setup, and remove the photo booth from event location. Operation of photo booth times may be adjusted if event location or client ends the event prior to the contracted end time and no refund of money will apply. Provider requires access to venue at least 60 minutes before the event and 30 minutes after the event for setup and takedown. Technician(s) will arrive approximately 60 minutes prior to requested start time on the date of your rental. If the Client would like the Provider to arrive earlier, the Client will be charged at our current hourly “nonoperational” rate of $50 per hour. * Agree PAYMENT: The Service Fee shall be outlined in the Client’s invoice. The service fee will encompass only items and/or services included within the Client’s invoice. No items/services shall be agreed to outside of the Client Invoice whether written, oral, or applied. The Provider will be under no duty to perform its obligations under this Agreement until such time as Client has paid the service fee in full. Making payments upon this contract and invoice solidifies this agreement. A deposit of 25% is due upon signing of the agreement. The deposit will then be applied toward the Service Fee. The event is only reserved after receipt of this deposit. The remaining amount is due 14 days prior to the Client’s event. If the balance has not been submitted by this date, the Client may be subject to a 10% late penalty fee or the Provider reserves the right to cancel the event with no refunds of deposit. The deposit is non-refundable in the instant where the Client decides to cancel services, the deposit and all fees collected by the Provider shall be retained for value received. * Agree ACCESS, SPACE & POWER FOR PHOTO BOOTH: Client will arrange for an appropriate space for the photo booth at event’s venue. The photo booth requires a floor space of at least 10’ x 15’ x 8’. The photo booth requires a 110V, 10 amps, 3 prong outlet from a reliable power source within 20 feet (along a wall or safe path) of the setup area. The circuit must be free of all other connected loads. Any delay in the performance or damage to the photo booth equipment due to improper power is the responsibility of the Client. The Client shall provide crowd control if warranted and furnish provider with directions to unique event locations. * Agree DATE CHANGES & CANCELLATIONS: If, subsequent to this Agreement, the Client changes the date of the service, The Provider will make best efforts to accommodate Client and provide services on the changed date. If the Provider is not available on the new event date, the Provider shall be entitled to keep the initial retainer and neither party shall have any further liability or obligation under this Agreement. If Client reschedules the event, and the new date is in the following calendar year, any new pricing in effect at that time shall apply and will included in the Client invoice. If Client cancels the event or this Agreement, Client shall immediately notify the Provider of such cancellation in writing. In the event that the Client cancels the event less than eight weeks prior to the reserved lease date, the Client agrees to forfeit the 25% deposit plus 100% of all custom orders including custom backdrops, custom props, custom design work, custom wraps, etc. to the Provider for value received. In the case of cost work, Provider agrees to provide to the Client all Custom products upon payment. * Agree INCLEMENT WEATHER: Photomatic Photo Booth reserves the right, in good faith, to cease the operation should the weather pose a potential danger to our personnel, the equipment, or guests. Since safety is paramount in all decisions, Photomatic Photo Booth compensation will not be affected if operation is ended. If conditions change and become unsafe for an attendant or equipment during an event and a different location at the venue cannot be secured, Provider reserves the right to cancel remaining service time. No refunds will be given in such case. * Agree FUEL SURCHARGE / PARKING: Travel costs are covered in any package up to a 50 mile radius from zip code 90023. A separate fuel surcharge will be billed for any trips that extend further than 50 miles. Client shall provide parking for the Provider’s vehicle while at the Client’s event. * Agree INSURANCE: Provider will carry no less than one million in liability insurance and make certificate of insurance available upon request. Seven business days’ notice is required for Venue Certificate of Insurance forms. * Agree DAMAGE TO PROVIDER’S EQUIPMENT: Client acknowledges that it shall be responsible for any damage or loss to the Provider’s Equipment caused by any misuse or theft of the Provider’s Equipment by Client or its guests (invited or uninvited). Client acknowledges Provider shall have the right to decline service to a client’s guests for any misuse, inappropriate photos, or unruly behavior. Provider reserves the right to immediately disrupt service without a refund if the attendant(s) are harassed, threatened, or abused by guest or equipment is damaged by a guest and not repairable on site. * Agree CHILDREN UNDER 12: Children are always welcome to use the photo booths. In some cases, however, a “children under 12” policy may be placed in force in an effort to maintain order in and around the photo booth. The “children under 12” policy states that Children under the age of 12 will not be permitted in the photo booth without an adult present. The adult does not need to be in the photo with the child/children, but must be supervising. * Agree IDLE HOURS AND ADDITIONAL HOURS: Idle hours can be arranged with the client at an additional cost. An example of Idle Hours is when the booth is booked for 4 hours, where the booth is operational from 5pm-6pm and 7pm-10pm. The booth will be Idle/Closed (at the client’s request) from 6pm-7pm. This is usually for meals or speeches. Provider will arrive 60-90 minutes prior to the service start time and depart 30-60 minutes after the service end time. If Provider will be required to arrive or depart outside of these windows, then idle hours will be charged at the rate of $40 per hour. Example: Client is having wedding ceremony in same location as reception and Client wants booth setup prior to ceremony. If the Client requests additional rental time that exceeds the service period agreed to in the invoice below, the overage in rental time will be billed at the hourly rate of $100 per hour. Provider will attempt to accommodate Client requests for additional hours. If accommodations can be made to extend the rental service time, payment for extra rental time must be paid before additional hours are provided. * Agree DRESS CODE: Provider’s staff will arrive in slacks and dress shirt with black shoes. If you have any requests to what you would like us to wear to match your theme/colors, please indicate below and we will do our best to accommodate your request. Additional fees may apply. * Agree RELEASE: The Client gives the Provider the right to use the photographs and videos from the Client’s event in all forms in all manners, including but not limited to the Provider’s portfolio page. Client agrees to and understands that all guests using the photo booth hereby gives to Photomatic 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 and agree to discharge PHTOMATIC 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. * Agree IMDEMNIFICATION: Client agrees that the Provider's maximum liability for any claims, breaches or damages by reason of any act or omission, including breach of contract or negligence, shall be limited to the dollar amount paid by Client pursuant to this Agreement. Client agrees that Provider shall not under any circumstances be liable for any claims for emotional distress, mental anguish, punitive damages, consequential damages, lost profits, loss of enjoyment, lost revenues and/or replacement costs. Client agrees to indemnify, defend and hold harmless Provider, its employees and agents for any injury, disability, death, property damage, liability, claim or other cause of action arising out of or related to Provider's events or caused by the operating, handling, or transporting the equipment during the term of this Lease, including but not limited to, damages caused by the actions of the Provider or other third parties at the Event and the online posting of images from the Event. Client acknowledges and agrees that these limitations and requirements reflect a fair allocation of risk and that the Provider would not enter into this Agreement without these specific limitations on its liability and indemnification requirements. * Agree MEALS: For most events, we plan to have 1-2 attendants operating the photo booth for the duration of the event. Will the attendants be welcome to eat the venue provided meal? * YES, the attendants may eat NO, Please eat before arriving AGREEMENT AND MODIFICATION: This Agreement constitutes the entire agreement between the parties. No modification or amendment of this Agreement shall be effective unless in writing and signed by both parties. This Agreement replaces any and all prior agreements between the parties whether written or oral. * Agree WARRANTY: The Provider warrants that the above property is in good working condition, but makes no further warranties, express or implied. * Agree RIGHTS ON DEFAULT: In addition to any other rights afforded the Provider by law, if the Client is in default under this Agreement, without notice to or demand on the Client, the Provider may take possession of the equipment as provided by law, deduct the costs of recovery (including attorney fees and legal costs), repair, and related costs, and hold the Client responsible for any deficiency. The rights and remedies of the Provider provided by law and this Agreement shall be cumulative in nature. * Agree RIGHTS TO A SAFE WORK ENVIRONMENT: Client will be responsible for and shall ensure that Provider's employees, representatives, agents or contractors are provided a save work environment free from hazards, attacks, threats of violence or any harassment sexual, racial or otherwise in nature. In the case the Provider or representative feels unsafe, the Provider may take possession of the equipment as provided by law, deduct the costs of recovery (including attorney fees and legal costs), repair, and related costs, and hold the Client responsible for any deficiency. No refunds will be made in whole or in part and all monies paid will be retained for value received. The rights and remedies of the Provider provided by law and this Agreement shall be cumulative in nature. * Agree GOVERNING LAW: This Agreement shall be construed in accordance with the laws of the State of California. * Agree SEVERABILITY: If any portion of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision, it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. * Agree WAIVER: The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Lease. * Agree By typing my full name, I agree to the terms and conditions of the agreement. * First Name Last Name Email * Thank you!
