EVENT AGREEMENT TERMS AND CONDITIONS

The person(s) whose signature(s) appear on this contract, known as “Client,” agree that Orlando’s Best PhotoBooth, LLC will provide a photo booth services to the best of its abilities, in the manner described in this Agreement. This is a binding contract, which incorporates the entire understanding of the parties, and any modifications must be in writing, signed by both parties, and physically attached to the original agreement.

SERVICE PERIOD

Pursuant to the responsibilities of the Client, Company agrees to have an operational photobooth for a minimum of 80% during this period; occasionally, operations may need to be interrupted for maintenance of the photobooth or printer.

RETAINER AND PAYMENT

A NON-REFUNDABLE 50% retainer is due upon signing of contract to separate the date and the equipment. The remaining amount is due thirty 30 days in advance of Client’s Event. If paying by credit card, Client agrees to have Company charge Client’s credit card for payment of services. Client is liable for any overage in time at the cost of $100/hr., which will be billed in half hour increments. Client agrees that in addition to any and all other legal rights and remedies Company may have, Client will pay a $50 fee for any and all returned checks which Client may write to Company as payment for services.

CHANGES AND CANCELLATIONS

Any request for a date, time, or location change must be made in writing at least thirty (30) days in advance of the original event date. Change is subject to photobooth availability and receipt of a new Service Contract. If there is no availability for the alternate date, time, or location, deposit shall be forfeited and no photobooth services will be provided. Any cancellation occurring less than thirty days prior to the event date shall forfeit all payments received.

PARKING

Client shall provide parking for Company’s vehicle while at Client’s Event. The parking space shall be within close proximity to the venue, and Client shall provide any necessary parking permit or pass prior to the event date.

PHOTOBOOTH DELIVERY, ACCESS, SPACE, POWER, AND PICK UP

Client shall arrange for an appropriate indoor space for the photobooth at the event location. Space must be level, solid, and at least 6’ by 9’. It is the Client’s responsibility to ensure access is possible for the team to set up the photobooth inside the venue. Once the Photobooth has been set and assemble by Orlando’s best photo booth team, it may not be removed or be placed in an exterior location of the venue by any other member outside the Orlando’s Best PhotoBooth team. Actions resulting on the photobooth been moved or place into a separate location other than the original location where it was set up, will result in fees starting but not limited to $250. It is agreed that this fees do not have to be disclosed prior to charging the card on file. Client is responsible for providing location inside the venue with power for the photobooth (110V, 10 amps, 3 prong outlet).

WIFI ACCESS

In order to provide the most seamless Digital experience we simply request the username and password from the venue/location in order for the software to send out all digital content immediately. If in the event the location does not have proper Wi-Fi connection all the digital fun will be saved to a virtual cloud and sent out upon arrival to our office. If the client selects a Digital plus print experience, please understand that the software will prioritize the printing option. All the digital content that was sent out in the form of text or email will be saved in a virtual cloud to be sent out at the end of the event if the venue/location has available Wi-Fi, if not, upon arrival to our office.

ONLINE GALLERY

Upon receiving downloadable link for high-resolution files, Client accepts all responsibility for archiving and protecting the photographs. Company is not responsible for the lifespan of any digital media provided 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 files are copied to new media as required.

PRINT OUT DESIGN

Company will design a print out based on material supplied by Client, including logos, fonts, monograms, and ideas as a one time free service. Company will provide a draft and one revision, additional revisions will be billed to Client at $50 per revision.

INSURANCE

Orlando’s Best PhotoBooth will carry no less than one million in liability insurance and make certificate of insurance available upon request.

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 or theft of the Provider’s Equipment by Client or its guests (invited or uninvited). Client acknowledges Provider shall have the right to decline service to a client’s guests for any misuse, inappropriate photos or unruly behavior. Provider reserves the right to immediately disrupt service without a refund if the attendant(s) are harassed, threatened, or abused by guest or equipment is damaged by a guest and not repairable on site. The fee of damages to equipment will be a 50% of the photobooth machine original price and this fee will be the same as well for damages to the add on services such as red carpet, props, Tables and linen, backdrops, lighting, and small equipment rented.

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. The “children under 12” policy states that Children under the age of 12 will not be permitted in the photo booth without an adult present. The adult does not need to be in the photo with the child/children, but they must be supervising.

MODEL RELEASE

Company reserves the right to use images produced with its photobooth under this Agreement to transfer to a third-party, host, store, cache, reproduce, publish, display (publicly or otherwise), perform (publicly or otherwise), distribute, transmit, modify, adapt, and create derivative works, and to reproduce the same images, in each case for the purpose of promoting the Company, its services, and other goodfaith business purposes. CLIENT WARRANTS THAT IT HAS ACTUAL AUTHORITY TO AGREE TO THE USE OF THE LIKENESS OF ALL PERSONS INCLUDED IN THE IMAGES IN THIS MANNER AND SHALL INDEMNIFY THE COMPANY IN ACCORDANCE WITH THE INDEMNIFICATION CLAUSE PROVIDED IN THIS AGREEMENT BELOW. LIMITATION OF LIABILITY; WAIVER UNDER NO CIRCUMSTANCES, EXCEPT AS OTHERWISE STATED IN THIS AGREEMENT, WILL THE COMPANY, ITS PARENT COMPANY, NOR ANY OF THEIR EMPLOYEES, MANAGERS, OFFICERS OR AGENTS BE LIABLE TO THE CLIENT FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE PHOTOBOOTH SERVICE; (B) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS, INCLUDING WITHOUT LIMITATION, ANY INTELLECTUAL PROPERTY RIGHT, PUBLICITY, CONFIDENTIALITY, PROPERTY OR PRIVACY RIGHT; (C) ANY ERRORS OR OMISSIONS IN THE SERVICE'S OPERATION; OR (D) ANY DAMAGE TO ANY USER'S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY. IN NO EVENT WILL THE COMPANY BE LIABLE TO CLIENT OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO CLIENT. CLIENT AGREES TO DEFEND (AT COMPANY’S REQUEST), INDEMNIFY, AND HOLD THE COMPANY, ITS PARENT COMPANY, EMPLOYEES, MANAGERS, OFFICERS, AND AGENTS, HARMLESS FROM AND AGAINST ANY CLAIMS, LIABILITY, DAMAGES, LOSES, AND EXPENSES, INCLUDING WITHOUT LIMITATION, REASONABLE ATTORNEY’S FEES AND COSTS, ARISING OUT OF OR IN ANYWAY CONNECTED WITH ANY OF THE LIABILITY STATED ABOVE, INCLUDING BUT NOT LIMITED TO ANY ACTION TAKEN IN CONNECTION WITH THE MODEL RELEASE PROVIDED IN THIS AGREEMENT, COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS, INCLUDING WITHOUT LIMITATION, ANY INTELLECTUAL PROPERTY RIGHT, PUBLICITY, CONFIDENTIALITY, PROPERTY OR PRIVACY RIGHT.

MISCELLANEOUS TERMS

In the event Company is unable to supply a working photobooth for at least 80% of the Service period, Client shall be refunded a prorated amount based on the amount of service received. If no service is received, Company’s maximum liability will be the return of all payments received from Client. Prior to any party commencing an action, each party shall meet in a good-faith attempt to resolve their differences. Should both parties be unable to resolve their dispute, both parties agree to submit their dispute to a neutral mediator. Both parties agree to the jurisdiction, venue, and choice of law of Company’s principle place of business at the time of the execution of this Agreement.

ALL SALES ARE FINAL.

Client understands and agrees that all sales and service fees are final.