The person(s) who agrees to these terms on the checkout page and proceeds to make a deposit or full payment for services outlined in this contract, known as “Client,” agree that
DLUXE PHOTOBOOTHS (“Company”) will provide photobooth services to the best of
its abilities, in the manner described in this Agreement. This is a binding contract, which
incorporates the entire understanding of the parties, and any modifications must be in
writing, signed by both parties, and physically attached to the original agreement.
Pursuant to the responsibilities of the Client, Company agrees to have a photobooth
operational for a minimum of 80% during this period; occasionally, operations may need
to be interrupted for maintenance of the photobooth.
A non-refundable retainer in the amount of $400 is due upon signing of contract. The
remaining amount is due thirty 30 days in advance of Client’s Event. If paying by credit
card, Client agrees to have Company charge Client’s credit card for payment of services.
Client is liable for any overage in time at the cost of $150/hr., which will be billed in half
hour increments. Client agrees that in addition to any and all other legal rights and
remedies Company may have, Client will pay a $50 fee for any and all returned checks
which Client may write to Company as payment for services.
Any request for a date, time, or location change must be made in writing at least thirty (30) days in advance of the original event date. Change is subject to photobooth 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 photobooth services will be provided. Any cancellation occurring less than thirty days prior to the event date shall forfeit all payments received.
Client shall provide parking for Company’s vehicle while at Client’s Event. The
parking space shall be within close proximity to the venue, and Client shall provide any necessary parking permit or pass prior to the event date.
Client shall arrange for an appropriate space for the photobooth 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. Photobooth may be placed in an exterior location, provided it is protect from weather. Client is responsible for providing power to the photobooth (110V, 10 amps, 3 prong outlet).
Company social media package requires Client to provide or guarantee a venue
Internet connection of at least (1MB). Company is not responsible for insufficient social media features below the required Internet speed.
Upon receiving downloadable link for high-resolution files, Client accepts all
responsibility for archiving and protecting the photographs. Company 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 Client’s responsibility to make sure that digital files are copied to new media as required.
Company will design a print out based on material supplied by Client, including logos, fonts, monograms, and ideas. Company will provide a draft and one revision, additional revisions will be billed to Client at ($300) an hour.
Company reserves the right to use images produced with its photobooth 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 Company, its services, and other goodfaith 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 COMPANY 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
COMPANY, ITS PARENT COMPANY, 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 COMPANY 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 TO DEFEND (AT COMPANY’S REQUEST), INDEMNIFY, AND HOLD THE
COMPANY, ITS PARENT COMPANY, 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 ANYWAY 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.
MISCELLANEOUS TERMS
In the event Company is unable to supply a working photobooth 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, Company’s maximum liability will be the
return of all payments received from Client. Prior to any party commencing an action,
each party shall meet in a good-faith attempt to resolve their differences. Should both
parties be unable to resolve their dispute, both parties agree to submit their dispute to
a neutral mediator. Both parties agree to the jurisdiction, venue, and choice of law of
Company’s principle place of business at the time of the execution of this Agreement.
ALL SALES ARE FINAL.
Client understands and agrees that all sales and service fees are final.
