Terms and Conditions
The following contract and its terms will set forth an agreement between Fresno Photo Booth Company (Provider) and (Client: see above) the parties, for photo booth for an event taking place at (Event address: See Above) This written contract sets forth the full, written intention of both parties and supersedes all other written and/or oral agreements between the parties. The service period will be from (See Above form) AGREEMENT: Provider agrees to have a photo booth operational during this period; but occasionally, operations may need to be interrupted for maintenance of the photo booth. Event location must be accessible for photo booth delivery & setup 1 hour before the start of event. PAYMENT A non-refundable booking fee in the amount of $50 is due upon signing of this contract. The remaining amount is due on or before the day of Client's event. We accept cash & credit card payments through PayPal. We DO NOT accept Personal checks. WE CAN NOT SECURE YOUR DATE ON OUR CALENDARS UNTIL THE DEPOSIT HAS BEEN RECEIVED AND/OR CLEARED. If the operator uses the equipment for a time period in excess of the service period agreed to in the invoice, the overage in rental time will be billed to the client at the following rates: $125.00 per hour. Client agrees that in addition to any and all other legal rights and remedies Provider may have, Any add ons, such as additional hours at the time of the event shall be paid in cash or Credit card before additional time starts. Client will pre-arrange for an appropriate space for and access to the photo booth at event's venue. Accessibility for the photo booth delivery will be available 45 minutes to 1 hour before the event. All photo booths require a space at least 8 feet by 8 feet by 10 feet high for each booth tower. Make sure there are no obstacles that will make delivery and setting up of the photo booth unachievable. Electrical requirement of a standard 120V electrical outlet within 25 feet of desired location for each photo booth operation. TRAVEL. If your event site is over 20 miles away from 93273, (our office location) a travel fee will apply. STANDBY TIME We arrive 1 hour before the event to set up. We WILL NOT set up in the middle of an event that has already started, example: we are booked for a 3 hour event. the event is from 7pm-11pm. we arrive at 6pm to set up to perform from 7pm-10pm (3 hours) if you want us to perform from 8pm-11pm there will be a 1 hour Stand By charge of $50. Performance delays due to Introductions, toasts, or any other formalities is still part of our performance time. No additional time will be added due to stoppage. DATE CHANGES & CANCELLATIONS Any request for a date change must be made in writing at least 30 days in advance of the original event date. Change is subject to Photo Booth availability and receipt of a new Service Contract. If there is no availability for the alternate date, the booking fee shall be forfeited and event cancelled. Any cancellation occurring less than thirty days prior to the event date shall forfeit all payments received. Cancellations made prior to 30 days will forfeit their booking fee. to make things easy. your $50 can be applied to another party if that party is with 1 year (365 days) DAMAGE TO PROVIDER'S EQUIPMENT Client acknowledges that he or she is 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 of Provider's Equipment or accessories. SAFETY: Abusive Treatment of Our Team Members will NOT be permitted. This includes Sexually suggestive or inappropriate touching, gestures, nudity or comments, verbally abusive language, threats, racists remarks, and any other hostile actions or situations. On site staff will provide ONE WARNING to the contract holder or their agent if the incident can be resolved. Resolving a situation may include guest(s) being asked to leave your event. beyond this warning, any additional abusive acts will be grounds for event/contract termination. Company compensation will not be affected by such cancelation. Any incident of inappropriate touching may result in immediate event termination. Any event terminated due to inappropriate guest behavior will provide no refund. CHILDREN UNDER 12: Children love our photo booths and we love making everyone happy. In some cases, however, we may decide to enforce our "Children under 12" policy in an effort to maintain order in and around the photo booth area. The "Children under 12" policy states that Children under the age of 12 will not be permitted at the photo booth without an adult present.The adult does not need to be in the booth with the child/children, but they must be supervising. We vary rarely have to enforce this policy. RAIN OR SHINE The parties understand the Provider has committed to perform at the event in the above form at the time above and for a fee above. Accordingly, the parties understand that the Provider will not be able to accept any other engagement for the above date and time. The parties therefore agree that in consideration of being unable to pursue other engagements, The Client agrees to pay the total fee above regardless of whether the event is cancelled, postponed, or in any other way modified due to weather, catastrophe, or any other force occurring naturally or man made. ATTORNEY FEES AND COST OF COLLECTION The parties agree that should litigation become necessary to enforce the obligations imposed by this agreement, the party against whom a final judgment is entered will be responsible for paying the reasonable attorney fees of the party in whose favor the judgment is entered and all discretionary and non discretionary costs of said litigation as well as all cost necessary to collect said judgment. CHOICE OF VENUE/LAW The parties agree that should it become necessary to litigate the terms of this agreement, this contract shall be interpreted and construed according to the laws of the state of California. Additionally, the parties agree that should such litigation become necessary, such litigation will occur in Fresno County Officiant and Venue Restrictions Provider may be necessarily limited by the guidelines or rules of the ceremony official, ceremony venue, or reception venue. Client understands and agrees that Provider will abide by such guidelines or rules and that they are outside the control of Provider. Client agrees to hold provider harmless for the impact such guidelines or rules may have on the resulting Services. DISCLAIMER OF WARRANTIES The Provider makes no warranty whatever, expressed or implied, and specifically disclaims any warranty of merchantability or fitness for a particular purpose respecting services performed under this agreement. The provider shall not be liable for any loss of profits, loss of use, or indirect, special, reliance, incidental or consequential damages of any kind in connection with or arising out of failure to furnish or the furnishing of the service under this agreement regardless of the nature of the claim or action. MISCELLANEOUS TERMS If any provision of these terms shall be unlawful, void, or for any reason unenforceable under Contract Law, then provision, or portion thereof, shall be deemed separate from the rest of this contract and shall not effect the validity and enforceability of any remaining provisions, or portions thereof. This is the entire agreement between Provider and Client relation 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 or other service 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 their 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 OR photos will be delivered via Text SMS or email. If no service is received by Client due to circumstances out of Providers control, Provider's maximum liability will be the return of all payments received from Client. Provider is not responsible for any consequential damages or lost opportunities upon breach of this agreement. If you are submitting this form electronically please Sign and type your name in the space provided. Please note that by typing your name you are providing your digital signature and agreeing to the terms and conditions stated in this contract. Your event WILL NOT be added to our calendar until this form is signed.