DANIELS’ PARTY RENTALS SERVICE CONTRACT
The following contract and its terms will set forth an agreement between (Daniels’ Party Rentals) ("Provider" or "We") and___{contactName}__________________ ("you" or "your") (individually a "party" and collectively, the "parties"), for photo booth services. 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
The service provider will arrive approximately 45-90 minutes prior to your requested start time on the date of your rental. 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
The 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 outlets on a dedicated circuit). If the Photo Booth is to be placed outdoors, the Client has a choice to provide complete overhead coverage for the photo booth and backdrop for the entire duration of the event (Client may purchase it for an additional cost).
Payment Terms
a. Service Fee: 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.Unless, Requested 2 weeks prior to the scheduled event ( Additional fees may apply). The Provider will be under no duty to perform its obligations under this Agreement until such time as the Client has paid the service fee in full. Making payment upon this contract and invoice solidifies this agreement.
b. Deposit: A deposit of $200 is due immediately upon signing the Agreement. The deposit shall be applied towards the Service Fee/ Remaining Balance. The deposit is nonrefundable 48 hours after booking your event and signing your contract. The contract must be signed before submitting your deposit. This is required at booking and must be paid in full to hold your contracted date and time. The deposit and all fees collected by the provider shall be retained for the value received.
c. Remaining Balance: Client agrees to pay the Provider any and all remaining fees owed no later than 14 days prior to the event.
d. If your event exceeds over 60 miles it will be an additional $50 fee added to your final cost. For any miles after 60 an additional fee will be determined at the final cost.
Change of Date
If subsequent to this Agreement, the Client changes the date of the service, The Provider will make best efforts to accommodate the 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 be included in the Client invoice.
Cancelation
If Client cancels the event or this Agreement, Client shall immediately notify the Provider of such cancellation. In the event that Client cancels the event less than 48 hours of contract lease date, the Client agrees to forfeit their paid deposit of the Service Fee 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, the Provider agrees to provide to the Client all Custom products upon payment. Any cancellation occurring after paying in full prior to the event will be fined a cancellation fee of $200.
Force Majeure
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 greater of the Retainer or 25% of the Service Fee to the Provider for value received.
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.
b) Any form of theft or disaster including but not limited to fire, floods or an earthquake.
The client further acknowledges that the provider shall have the express right to decline services to client’s guests either invited or uninvited, for misuse, inappropriate photos and or unruly behavior.
Indemnification
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.
Model Release
As a provider, we understand that some of our clients wish their photos to remain private. Client hereby 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.
Internet Access
When applicable, the Provider's Photo booth requires reliable access to the AT&T cellular data network's Internet connection when sending Image files instantly. In the event that the Internet is not available, SMS and Email will queue all submissions and be sent once Internet access becomes available.
The Client understands that the Provider is not responsible for Internet Reliability and cannot guarantee that reliable Data Signals will be 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 seven 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. The Client agrees that Provider shall not under any circumstances be liable for any claims for emotional distress, mental anguish, punitive damages, injuries, 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. The 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.
Entire 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.
Warrant
The Provider warrants that the above property is in good working condition, but makes no further warranties, express or implied.
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.
Right to Safe Work Environment
Client will be responsible for and shall ensure that Provider's employees, representatives, agents or contractors are provided a safe 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 the value received. The rights and remedies of the Provider provided by law and this Agreement shall be cumulative in nature.
Dispute Resolution
To ensure a timely and economical resolution of disputes that arise in connection with this agreement, the Provider and Client agree that any and all disputes, claims or causes of action arising from or relating to enforcement, breach, the performance and interpretation of this Agreement shall be resolved to the fullest extent permitted by law by final and binding arbitration by a single arbitrator in Nevada.
Governing Law
This Agreement shall be construed in accordance with the laws of the State of (YOUR STATE). 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.
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.
Confidentiality and Data Protection
The parties shall ensure appropriate operational and technical measures are in place to safeguard against any unauthorized access, loss, destruction, theft, use or disclosure of personal data shared in connection with this Agreement