AGREEMENT TERMS & CONDITIONS
1.SERVICE CONTRACT
The following contract and its terms will set forth an agreement between Modish Photo Booth (MPB) and client(s) listed above 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.
2.SERVICE PERIOD
The Service Period will be from time and date listed above. Any date or time changes must be signed by both agreeing parties. MPB agrees to have a Photo Booth operational for a minimum of 80% during this period; occasionally, operations may need to be interrupted for maintenance of the Photo Booth. In the event MPB experiences a mechanical problem that prevents MPB from providing 80% service, we will prorate the serviced based on the provided service hours and issue a refund for the time not used unless an amicable agreement is made.
3.PAYMENT
A non-refundable reservation deposit in the amount of $100.00 of the total cost is due upon signing of this contract. The remaining amount will be due 14 days prior to event.
If client chooses to use a credit card and/or online payment for services, a service charge of 3% will be added for each transaction applied to purchase.
Client agrees that in addition to all other legal rights and remedies Provider may have, Client will pay a $50.00 fee for all returned checks which Client may write to Provider as payment for any service by Provider or rental of Provider's equipment.
**In the event the Client would like to extend the contracted hours during their event, contingent upon availability, a charge of ($150.00) one hundred and fifty dollars per hour will apply and is payable at the time of the request.
4.OPERATION REQUIREMENTS
Client acknowledges MPB must have access to the event space at least One hours prior to the rental service start time. Client will ensure one grounded 110 volts, three-prong outlet, is within 15 foot of booth. Client will arrange for appropriate space at the event venue. Our booth measures 8’ deep x 8’ wide x 8’ high. MPB, also, requires appropriate space to accommodate access to our 6’ x 3’ prop table and additional 4’ x 4’ table. Ground must be clean and level. Client agrees MPB will not be held liable for any lack of service due to client’s failure to provide these requirements.
5.EQUIPMENT DAMAGE
Client acknowledges that it shall be responsible for any loss or damage to MPB equipment caused by:
1. Misuse of the equipment by client or its guests (invited/uninvited)
2. Theft of any and all equipment
3.Disaster (including but not limited to fire, flood, or earthquake)
Client acknowledges that MPB attendant reserves the right to refuse services to client or its guests (invited/uninvited) for misuse of equipment, inappropriate photos, or unruly conduct.
Should the equipment become damage due to any of the above listed actions, MPB reserves the right to terminate services immediately without refund.
6.LIMITATION OF LIABILITY
While every reasonable effort will be made to produce and deliver an outstanding service, MPB entire liability to Client for any breach of this Agreement, claim, loss, or injury arising from MPB performance is limited to a refund to Client of amount paid for its services less the value of the services provided.
No refund will be given if client elects to terminate agreed contracted time early.
7.Parking
Client agrees to provide Modish’s Driver parking within reasonable distance from door for loading and unloading of booth.
8.DATE CHANGES & CANCELLATIONS
Any request for a date change must be made in writing at least sixty days in advance of the original event date. If sent by mail, must be certified. Change is subject to photo booth availability and receipt of a new Service Contract. If there is no availability for the alternate date, the deposit shall be forfeited and event cancelled. Any cancellation occurring less than thirty days prior to the event date shall forfeit all payments received.
9.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, it's representatives, employees, or affiliates at Client's event.
10.MODEL RELEASE
We'd love to use your photos on our web site as well as other advertising, but understand your privacy. Client agrees to, and understands the following: All guest using the photo booth hereby have given Modish Photo Booth, 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 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 save harmless Modish Photo Booth, 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.