The following is taken right from our standard rental agreement:
The following contract and its terms will set forth an agreement between The Wilmington Photo Booth Co. (Provider) and [YOUR NAME] the parties, for photography services for an event taking place at [VENUE]. 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 between these times: [START & END TIME] for a total of [LIVE HOURS] hours of service on [DATE]. Provider agrees to have a Photo Booth operational for a minimum of 90% during this period; occasionally, operations may need to be interrupted for maintenance of the Photo Booth.
A deposit in the amount of $[YOUR DEPOSIT] is due upon signing of this contract. The remaining amount is due 21 days in advance of Client’s Event, which falls on [DUE DATE FOR FINAL PAYMENT]. If paying by credit card, Client agrees to have Provider charge Client's credit card for payment of services.
If the client 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 operator at the following rates:
$80 per hour
Payment for any overage in time must be paid before any images are made available for viewing. Client agrees that in addition to any and all other legal rights and remedies Provider may have, Client will pay a $50.00 fee for any and all returned checks which Client may write to Provider as payment for any service by Provider or rental of Provider's equipment.
ACCESS, SPACE & POWER FOR PHOTO BOOTH
Client will arrange for an appropriate space for the Photo Booth at event's venue. (60"Lx42''Wx72"'H). Client is responsible for providing power for the Photo Booth. (110V, 10 amps, 3 prong outlet).
DATE CHANGES & CANCELLATIONS & WEATHER
Any request for a date change must be made in writing at least 21 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 deposit will be refunded minus a $350 cancellation fee.
Any requests to change dates within 21 days of the original event date will incur a $350 service charge if the new date can be accommodated. If the new date cannot be accommodated no refund will be issued. Any Date Change request that cannot be met by The Wilmington Photo Booth Co. due to availability will be treated as a cancellation.
Any cancellation occurring less than 21 days prior to the event date shall forfeit all payments received. Cancellations made prior to 21 days will be refunded minus a $350 cancellation fee.
Rescheduling fees will be waived for any rescheduled events due to weather. What constitutes a weather delay is at the sole discretion of The Wilmington Photo Booth Co. If the new event date is not available the client will be issued a full refund for services not rendered, barring that The Wilmington Photo Booth Co. has verified the weather delay. If an event is cancelled completely due to weather the client will fall under normal penalties expressed in this written contract. However, The Wilmington Photo Booth Co. will issue a full credit to be used within one year of the original scheduled date. The credit amount can only be used toward our services. The Client will be responsible for paying any extra fees if the new request is higher in cost than the original event.
DAMAGE TO PROVIDER'S EQUIPMENT
Client acknowledges that it shall be responsible for any damage or loss to the Provider's Equipment caused by any misuse of the Provider's Equipment by Client or its guests.
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.
MODEL RELEASE OPTION
PLEASE CIRCLE ONE. YES I agree to the model release below or NO I do not agree.
We realize some celebrity clients of ours as well as others wish the photos to remain private which is why we have the option above. We'd love to use your photos on our web site, but understand your privacy.
Client agrees to, and understands the following: All guest using the photo booth hereby give to The Wilmington Photo Booth Co. 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 save harmless The Wilmington Photo Booth Co., 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.
Client understands that this is not in relation to their section of the Provider’s website where all event photos will be posted for viewing. This section of The Wilmington Photo Booth’s website will be password protected and password will only be given by The Wilmington Photo Booth Co. to guests at the event in the form of a card.
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 several 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 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 90% 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 order prints free of charge with free shipping as well as the ability to download the digital files 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.
| | | |