We will arrive approximately 30-45 minutes at our discretion before the service period begins. Setup only takes 15min. If you would like us to arrive earlier you will be charged for idle time. Provider agrees to have a photo booth or other services operational for a minimum of 90% during this period; occasionally, operations may need to be interrupted for maintenance (changing photo paper, adjusting camera, adjusting printer, etc.).
PAYMENT
A retainer in the amount of $150 is due upon signing of this contract. The remaining amount is due 1 week before your event – A Payment Request may be sent sooner. If payment is received after the date of your event, you are subject to a late penalty fee of 10% of the balance due PER DAY. We accept cash, check or credit card (subject to fees in order to keep our prices low). We do not secure your date on our calendar until the deposit 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 parties at the hourly rate of $200/hour. Payment for any overage in time must be paid before additional hours are provided. Client agrees that in addition to any and all other legal rights and remedies Provider may have, Client will pay a $25.00 fee for any and all returned checks.
DATE CHANGES & CANCELLATIONS
Any request for a date change must be made at least 7 days in advance of the original event date – Weather changes 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.
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 b) Any theft or disaster (including but not limited to fire, flood or earthquake).
INDEMNIFICATION
Client agrees to, and understands the following: a) 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. b) Client will indemnify Provider against any and all liability associated with the use of pictures taken within the photo booth, its employees or affiliates at Client’s event.
LIMITATION OF LIABILITY
In no event shall E&E Photo Booth Company 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 or inability to use E&E Photo Booth Company’ services, even if a E&E Photo Booth Company authorized representative has been notified orally or in writing of the possibility of such damage. The remedies set forth herein are exclusive and E&E Photo Booth Company 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 for the service provided.
MODEL RELEASE OPTION
PLEASE CHECK ONE. ☐
YES I agree ☐
NO I do not agree to the model release below. If neither item is checked we will assume you agree to the model release.
We realize some clients want the photos from their event to remain private, which is why we have the option above. However, We would 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 E&E Photo Booth Company: The right and permission to copyright and use, photographic Any request for a date change must be made at least 7 days in advance of the original event date – Weather changes 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.
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 E&E Photo Booth Company 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 service for at least 90% of the Service Period, Client shall be refunded a prorated amount based on the amount of service received. Digital Package does not include prints, unless upgraded. We reserve the right to deny service. In the rare event that we arrive late, we will stay the amount of time that we were late.