In consideration of the foregoing premises, and the mutual covenants and agreements contained herein, the parties agree as follows:
SERVICES OFFERED. Provider shall provide Client with the services listed above. Client agrees that Provider will have access to the Event space so the photo booth can be setup at the event site approximately 60-120 minutes prior to the contracted event time and will allow for departure immediately following the contracted event time.
DEFINITION OF CLIENT. It is understood that the Client is the party with whom this contract is being executed and may not necessarily be the Party for whom the Event is ultimately benefitting. The terms of this contract extend to the Client only and the Client will ultimately be held responsible for the execution of the terms of the contract.
PAYMENT AND NON REFUNDABLE DEPOSIT.
Non Refundable Deposit: Upon signature of this Agreement and payment of a non refundable deposit, Provider reserves the time and date of the Event for Client. For this reason, all deposits are non-refundable, even if the Event date is changed or cancelled for any reason. The deposit will be applied to your financial obligation for services rendered as outlined above. Your deposit may not be transferred to another Client without prior written consent from Provider.
Final Payment: The final payment for the balance owing is due no less than 1 week before the Event. If final payment is not received at least 1 week prior to the Event, the Provider reserves the right to terminate Provider’s obligations to provide services at the Event. In no circumstance will the Provider provide Services at the Event without payment in full. The deposit is always non-refundable for the reasons outlined above. Payment may be rendered by cash, check or credit card. Separate credit card authorization shall be necessary for payment in that form.
Returned Checks: Returned checks will be assessed a $50 non sufficient funds fee, and all future payments must be paid by Cashiers Check.
CANCELLATION. If Client for any reason wishes to cancel/terminate this contract it must be done in writing, 30 days prior to event. If Client fails to supply written cancellation or cancels within thirty days of the Event Client shall be required to pay the full balance due.
Modvi Photo Booths
6168 W 8260 S
West Jordan, UT 84081
RESCHEDULE. In the event Client reschedules the Event, Client will receive credit for all monies already paid. A new contract may be required. Credit may be applied to Event coverage within one year of the original Event date.
ACCESS AND LOCATION REQUIREMENTS. Due to potential weather conditions such as rain, wind and direct sunlight, the booth must be placed under a structured canopy and against a structural wall. This can be in the form of a roof overhang or tent. (Camera equipment is calibrated to provide a signature look and direct sunlight can wreak havoc with white balancing.) If indoors, the booth location must also be in a room with no less than an 8' clearance. Minimum door width for booth access is 30". Placement of booth can only be on level, hard and smooth surfaces such as tile, hardwood, concrete, carpeted room, etc. Uneven grass, stone surfaces or bare dirt are not acceptable and client will be notified of the inadequate environment and given the opportunity to choose a more acceptable location for the booth. One standard 3 prong 110/120-volt grounded power outlet within 50' of booth location. No other equipment can be connected to the provided outlet (lighting, DJ equipment, bar appliances, etc).
HARASSMENT/UNSAFE CONDITIONS. If at any time Provider and/or any staff of Provider feels physically unsafe due to harassment by any of the Event guests or any of the hired staff/ vendors for the Event and/or unsafe conditions at the Event that could affect the Provider, the equipment or the guests use of the equipment, Provider will first address Provider’s concerns to Client and if the concerns are not taken seriously and the harassment or unsafe conditions are not immediately alleviated Provider retains the right to leave the Event with no further obligation under this contract. No refund of services will be provided and Client agrees to relieve and hold Provider harmless as a result of incomplete coverage of the Event.
DAMAGE TO THE PHOTO BOOTH BY THE CLIENT. If the Photo Booth is damaged in any way, by Client or the Client’s guests, Client shall be responsible for the repair or replacement and any lost income or resulting fees from Provider’s subsequent canceled events due to the damages. Client shall be notified by Provider of any damages within 48 hours after the event or Client agrees these damages are appropriate and to provide payment for the damages and/or resulting damages for as described in this provision, within 48 hours of receipt of written losses provided by Provider.
LIMITATION OF LIABILITY OF PROVIDER. While every reasonable effort will be made to produce and deliver outstanding service at the Event, Provider’s entire liability to Client for any claim or loss arising from Provider’s performance is limited to a refund to Client of the amount Client actually paid for services.
COPYRIGHT AND USAGE. Provider retains copyright in all images created and will have the right to make reproductions for portfolio samples, promotion, and professional competition. If Client prefers to keep the photos from their event private, please include a written statement with your contract.
MODEL RELEASE. This contract serves as a model release giving the Provider the right to use the photographs in all forms and in all media and in all manners, without any restriction as to changes or alterations, for advertising, trade, promotion, exhibition, or any other lawful purposes. All compensation for use and credit for the images remain the property of Provider. This release is binding on the Client, their legal representatives, heirs, and assigns.
ARCHIVAL. Provider will retain images for ninety 90 days from the date of the Event. After such date Provider will no longer have any responsibility or liability for the retention of images. Client accepts responsibility for archiving and protecting digital and print images. Provider does not permanently archive image files. Provider is not responsible for the lifespan of any digital media provided or 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 images are copied to new media as required.
PERMISSIONS. It is Client’s responsibility to schedule and receive permission to use various locations for the Services.
COVERAGE. Provider will provide coverage for the dates, locations and continuous hours specified in this Agreement. If the provider is kept longer than agreed upon in this Agreement, Client agrees to pay Provider $50 per hour, charged by the hour increments, regardless of the reason Provider was kept at the Event longer. Payment will be due within five 5 days of the Event. If payment is not made when due the amount due will bear interest in addition to collection fees Provider may incur in collecting such balances.
FORCE MAJEURE / MECHANICAL FAILURE. Neither party shall be liable to the other for any delay or failure to perform which results from any of the following causes: acts of God or public enemies, civil war, insurrection or riot, fire, explosion, earthquake or serious accident, strike, labor trouble or work interruption or any cause beyond its reasonable control. In the unfortunate and unforeseen event of a mechanical failure or for any reason that prevents the provider to perform services, the maximum liability is the return of any payments received, and will not be held responsible for consequential damages. If only partial services can be provided due to conditions beyond resonable control then the rental charges are to be refunded on a prorated basis.
COUNTERPARTS. This agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
SECTION HEADINGS. Section headings in this Agreement are for convenience only, and shall not be used in construing the Agreement.
INCORPORATION OF ALL EXHIBITS. Each and every Attachment referred to hereinabove and attached hereto is hereby incorporated herein by reference as if set forth herein in full.
SURVIVAL. All terms of this Agreement which by their nature extend beyond its termination, remain in effect until fulfilled, and apply to respective successors and assigns, including but not limited to: Payment, Permissions, Limitation of Liability, and Copyright.
SEVERABILITY. The provisions of this Agreement are independent of and separable from each other, and no provision shall be affected or rendered invalid or unenforceable by virtue of the fact that for any reason any other or others of them may be invalid or unenforceable in whole or in part.
AMBIGUITIES. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party do not apply in interpreting this Agreement.
MODIFICATION. This Agreement may be supplemented, amended, or modified only by the mutual agreement of the parties. No supplement, amendment, or modification of this Agreement will be binding unless it is in writing and signed by both parties. No provisions in either party's correspondence or other business forms used by either party will supersede or add to the terms and conditions of this Agreement.
WAIVER. No waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement will be effective unless it is in writing and signed by the party waiving the breach, failure, right, or remedy. No waiver of any breach, failure, right, or remedy will be deemed a waiver of any other breach, failure, right, or remedy, whether or not similar, nor will any waiver constitute a continuing waiver unless the writing so specifies.
ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the parties and supersedes any prior or contemporaneous communications, representations or agreements between the parties, whether oral or written, regarding the subject matter of this Agreement. The terms and conditions of this Agreement may not be changed except by an amendment signed by an authorized representative of each party.
Provider and Client certify by signing this agreement below that they have read this Agreement and agree to be bound by its terms and conditions.