Collectively, all of the above people or businesses entering this Agreement will be referred to as the "Parties."
Purpose of the Agreement
Client wishes to hire Provide to provide services relating to Creativelei Photo Booth Rental as detailed in this Agreement. 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 shall provide Client with the following services and/or products ("Services"):
Provider will arrive approximately 30-45 minutes prior to your requested start time ________ on the date of your rental, agreed upon date. If the Client would like the Provider to arrive earlier, the Client will be charged at our current hourly "non operational" rate of $75 per hour. Provider agrees to have a photo booth operational for a minimum of 85% during this period; occasionally, operations may need to be interrupted for maintenance of the Photo Booth (changing photo paper, adjusting camera, adjusting printer, lighting etc, when applicable.) to achieve a quality product.
Access, Space and Power for the Photo Booth
Client will arrange for access to the event space and will supply any necessary tickets, badges or other items needed for entry to the Provider's representative at the Client's expense. Client will arrange for an appropriate space for the Photo Booth at the event’s venue. The photo booth requires a space 10’ deep x 8’ wide x 8’ high. Client is responsible for ensuring power is available for the Photo Booth. (110V, 5 amps, 3 prong outlet on a dedicated circuit). If the Photo Booth is to be placed outdoors, Client agrees to provide complete overhead coverage for the photo booth and backdrop for the duration of the event.
Delivery of Services
Provider will provide all Services by Agreed Upon Date unless otherwise specified in this Agreement.
Cost, Fees and Payment
Cost. The total cost ("Total Cost") for all Services is Proposal Total Amount
A non-refundable deposit is due at signing, and remaining balance due in full within 24 hours of event
Last Payment Due Date
Client shall pay the Total Cost to Provider as follows:
The first payment is a non-refundable deposit to secure the service date. At a minimum, Client agrees that the deposit fee fairly compensates Provider for committing to provide the Services and turning down other potential projects/clients.
The service fee shall be outlined in the Client invoice. The service fee will encompass only items and/or services included within the Client 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 payment upon this contract and invoice solidifies this agreement.
Client agrees to pay to Provider any and all remaining fees owed no later than 24 days prior to the start date of
Last Payment Due Date
Change of Date
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 deposit, or 25% of the total Service Fee 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 Client cancels the event less than 7 business days to the reserved lease date, the Client agrees to forfeit the 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.
Neither the Provider nor Client shall be held responsible or liable if the fulfillment of any terms or provisions of this Agreement are delayed or prevented by revolutions or other disorders, wars, acts of enemies, fires, floods, acts of God, or without limiting the foregoing by any other cause not within the control of the party whose performance is interfered with, and which by the exercise of reasonable diligence, the party is unable to prevent, whether of the class of causes enumerated before or not. In the event the events contemplated by this paragraph occur, the Provider shall be entitled to retain the the deposit paid .
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 theft.
b) Any form of theft or disaster including but not limited to fire, floods or an earthquake.
Client shall indemnify Provider against any and all liability arising from Client's negligence or willful misconduct related to Client’s Event. Provider shall indemnify, defend and hold harmless Client, its parent company, affiliates, subsidiaries, agents and guests from any loss, damages, claims, liability, costs arising from or related to Providers, including, but not limited its staff's negligence or willful misconduct related to the services provided under this contract.
Client agrees to, and understands that all guests using the photo booth/studio or other equipment hereby give to Provider 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 hold harmless Provider, 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.
Provider's staff will be presented in black pants, white or black shirt depicting our company name & logo.
When applicable, the Provider's Photo Kiosk requires reliable access to an Internet connection to when sending Image files instantly. In the event that Internet is not available, SMS and Email will queue all submissions and be sent once Internet becomes available. Client understands that the Provider is not responsible for Internet Reliability and cannot guarantee that reliable Data Signals will available in all locations. If no coverage becomes available at the event location, the Provider will send all digital copies to the Client and guests within three days of the rental conclusion.
Liability and Indemnity
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.
Right to 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.
Governing Law This Agreement shall be construed in accordance with the laws of the State of California.
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.
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.
Cancellation, Rescheduling and No-Shows
Cancellation, Rescheduling of Services or No-Show Client. If Client desires to cancel Services, reschedule Services, or if it becomes impossible for Provider to render Services due to the fault of the Client or parties related to Client, such as failure of the Photo Booth to occur or failure of one or more essential parties to the Photo Booth
to show up in a timely manner, Client shall provide notice to Provider as soon as possible via the Notice provisions detailed in this Agreement.
Provider has no obligation to attempt to re-book further Services to fill the void created by Client’s cancellation, rescheduling, no-show or if it becomes impossible for Provider to provide the Services due to the fault of Client (or parties related to Client), and Provider will not be obligated to refund any monies Client has previously paid towards the Total Cost. Client is not relieved of any payment obligations for cancelled Services, rescheduled Services, failing to show up for the Photo Booth Services, or should it become impossible for Provider to provide the services due to the fault of Client (or parties related to Client) unless the Parties otherwise agree in writing.
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: Email
Merger. This Agreement constitutes the final, exclusive agreement between the parties relating to the
Project Type and Services contained in this Agreement. All earlier and contemporaneous negotiations and agreements between the parties on the matters contained in this Agreement are expressly merged into and superseded by this Agreement.
Amendment. The parties may amend this Agreement only by the parties’ written consent via proper Notice.