SERVICE CONTRACT
The following contract and its terms will set forth an agreement between FEDORA PHOTOBOOTH (Provider) and CLIENT NAME (Client) the parties, for photo booth services for an event taking place on DATE at EVENT VENUE ADDRESS. This written contract sets forth the full, written intention of both parties and supersedes all other written and/or oral agreements between the parties.
SERVICE PERIOD
The Service Period will be for NUMBER OF HOURS between the hours of SCHEDULED RENTAL HOURS on DATE at EVENT VENUE ADDRESS. Provider will arrive approximately 1 hour 30 minutes before the service period begins. If the rental period exceeds the service period agreed in this contract, the Client will be billed $150/hour.
Provider agrees to have a Photo Booth operation for a minimum of 80% during the designated time frame. Occasionally, operations may need to be interrupted for maintenance of the Photo Booth or for needed breaks.
PAYMENT
Client has agreed to rent a photo booth for this event for the total price of TOTAL PACKAGE PRICE; a non-refundable retainer of RETAINER FEE is required upon submission of the contract to secure date of event. The Remaining payment is due X days prior to the event in the amount of REMAINING BALANCE. If the payment is received after the event date, you are subject to a late penalty fee of 10% of the balance due per day.
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.
DATE CHANGES & CANCELLATIONS
Any request for a date change must be made in writing at least 7 days in advance of the original event date. Weather change must be made 24 hours in advance. 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 occurring less than 7 days prior to the event date shall forfeit all payments received.
VENUE REQUIREMENTS
Client will arrange for an appropriate space for the photo booth at the event's venue with the following requirements:
• NO stairs or steps to access the booth designated space
• 8 feet x 8 feet space area, 9 feet height
• Solid level ground area
• 120V, 10amps, 3 prong outlet from a reliable power source within the 10 feet (along a wall)
• Reliable source of High Speed Internet
• One Parking Space for Provider vehicle
In the event of an outdoor area, Client will be responsible providing the same requirements above, and a roof/awning/canopy for potential inclement weather.
IDLE HOURS
Idle hours can be arranged for $50/hour. An example of an Idle Hour is when the Photo Booth is booked for 4 hours, where the booth is operational from 5pm - 6pm and from 7pm - 10pm, the booth will then incur a 1 hour idle time. Most common scenarios are for meals or speeches. This must be arranged no later than 7 days prior to the event date.
SCOPE OF WORK
Provider agrees to provide Client, throughout the duration of the specified time period of contract, the following items:
• INSERT BREAKDOWN OF SERVICES ???
DAMAGES AND INDEMNIFICATION
Client acknowledges that it shall be responsible for any damage or loss to the Provider's Equipment caused by any misuse of the provider's equipment by Client or its guests both invited and uninvited. 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 Paramount Photo Booths its representatives, employees or affiliates at Client's event.
REFUSAL
Client acknowledges Provider shall have the right to decline service to client's guest (invited or uninvited), for misuse, inappropriate photos or unruly behavior.
LIMITATION OF LIABILITY
In no event shall FEDORA PHOTOBOOTH be liable for any direct, indirect, incidental, consequential, special, exemplary, punitive or other damages, whether based in contract, tort, or otherwise (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use of inability to use FEDORA PHOTOBOOTH services, even if a FEDORA PHOTOBOOTH authorized representative has been notified orally or in writing of the possibility of such damage. The remedies set forth herein are exclusive and FEDORA PHOTOBOOTH total liability to the Client, whether based on contract, warranty, tort (including negligence), indemnity, and strict liability or otherwise, will not exceed the total payment of the service provided.
MODEL RELEASE OPTION PLEASE CIRCLE ONE.
YES I agree to the model release below or NO I do not agree. We realize some clients of ours as well as others wish the photos to remain private which is why we have the option above. 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 to the Provider. The right and permission to copyright and use photographic portraits, videos, and other media of the 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 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.
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.
