Service Terms Agreement & Contract
SERVICE PERIOD
The Service Period is the date and time the booth is reserved. This contract may be invalidated if the rental deposit is not paid within 5 days. A Notch Above Events, LLC (hereafter referred to as “Provider”) agrees to have the booth operational for a minimum of 80% during this period; occasionally, operations may need to be interrupted for maintenance of the Photo Booth. Provider will arrive a minimum of 45 minutes before the above time. This written contract sets forth the full, written intention of both parties and supersedes all other written and/or oral agreements between the parties.
PAYMENT
A nonrefundable reservation fee in the amount of $300 is due upon agreement of this contract. Contract may be invalidated if the rental deposit is not paid within 5 days. The remaining amount is due 14 days in advance of Client’s Event. If there is 14 days or less before the event, payment in full will be required at booking. If at the clients request the operator uses the equipment for a time period in excess of the service period agreed to in the invoice below, the overage in rental time will be billed to the client at the following rates: $100 per hour. Payment for any overage in time must be paid before additional hours are provided. Payment is accepted in the form of Cash, Visa, Master Card, Discover, Amex or cashiers/ bank check. Sorry, no personal checks can be accepted.
SERVICE REQUIREMENTS, TABLES, ACCESS, SPACE & POWER FOR PHOTO BOOTH
Client will arrange for an appropriate space and access for the Photo Booth at event’s venue. Photo booth requires a minimum of 8x8x8′ for the open-air setup and a minimum of 8x10x8′ for the enclosed setup. If you have chosen open-air for your booth, we are not responsible for lighting issues caused by windows, DJ lighting, event center lighting, or any and all other sources of light outside of our control. If the booth is placed outdoors we must be notified in advance and an 8×8′ flat level surface (preferably concrete) must be present. While outdoors, a black canopy tent will be used to ensure lighting and protection of booth equipment from the elements. Social media options limited by restrictions of individual site. Client is responsible for providing power for the photo booth (110V, 15 amps, 3 prong standard outlet) within 15 feet from our designated area. Provider reserves the right, in good faith, to cease the operation should the weather pose a potential danger to our personnel, the equipment, or guests. Since safety is paramount in all decisions, Provider’s compensation will not be affected if operation is ended. To prevent loss of use it is recommended that client has a planned indoor space as back up in the event of inclement weather.
DATE CHANGES & CANCELLATIONS
Any request for a date change must be made in writing at least thirty 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 nonrefundable reservation fee shall be forfeited and event cancelled. If event is cancelled for any reason, the nonrefundable reservation fee is forfeited. If cancellation is necessary please contact us as soon as possible.
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 A Notch Above Events LLC its representatives, employees or affiliates at Client’s event.
MODEL RELEASE OPTION
Client agrees to, and understands the following: All guests using the photo booth hereby give to A Notch Above Events LLC 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, Client hereby releases, discharges and agrees to save harmless A Notch Above Events LLC, 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. If you do not agree, please declare so in writing.
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 Provider 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 photo booth 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 there guests can log onto and download prints free of charge for their own use. If no service is received, 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.
