Terms & Conditions
This Contract is made effective for all purposes in all respects by and between "SNAPTREND PHOTO BOOTH" hereinafter referred to as the “COMPANY" and the inquirer of services, hereinafter referred to as the “CLIENT" relating to any event(s) booked with the COMPANY hereinafter referred to as the “EVENT(S)".
AGREEMENT: This Contract contains the entire understanding between the COMPANY and the CLIENT. It supersedes all prior and simultaneous Contracts between the parties. The only way to add or change this Contract is to do so in writing, reviewed and signed by all parties. In the event that any part of this Contract is found to be invalid or unenforceable, the remainder of this Contract shall remain valid and enforceable. Any agreement to waive one or more provisions of this Contract or any failure by one or both parties to enforce a provision of this Contract shall not constitute a waiver of any other portion or provision of this Contract.
HEADINGS: The headings and sub-headings of clauses contained are used for convenience and ease of reference and do not limit the scope for intent of the clause.
RESERVATIONS, CHANGES, AND CANCELLATIONS
RESERVATION: A signed contract and retainer fee are required to reserve the dates and times of the EVENT(S). If the EVENT(S) are rescheduled, postponed, or cancelled; or if there is a breach of Terms and Conditions by the CLIENT, the retainer fee is non-refundable and shall be liquidated damages to The COMPANY. The CLIENT shall also be responsible for payment for any of the COMPANY's materials charges incurred up to time of cancellation.
RESCHEDULE/POSTPONEMENT: If subsequent to this Contract CLIENT changes the date of the event, the COMPANY will make best efforts to accommodate CLIENT and provide its services on the changed date. If the photo booth and staff are not available on the new event date, the COMPANY shall be entitled to keep the retainer and neither party shall have any further liability or obligation under this Contract. If CLIENT reschedules the event, and the new date is in the following year, any new pricing in effect at that time shall apply.
CANCELLATION: If notice of cancellation is given thirty (30) calendar days before the EVENT, the COMPANY will retain any monies already paid. If notice of cancellation is given less than thirty (30) calendar days before the EVENT, CLIENT(S) is responsible for payment of all expenses incurred up to the time of cancellation of the EVENT, plus 50 percent of COMPANY’s fee. If notice of cancellation is given less than two (2) calendar days before the EVENT, CLIENT(S) will be charged 100 percent of COMPANY’s fee.
SUBSTITUTION: The COMPANY may substitute another photo booth in the event of scheduling conflicts. In the event of such substitution, the COMPANY warrants that the photo booth shall be operational.
FEES AND PRICING
SERVICE FEE: The Service Fee encompasses only those items included in the list of services located in the invoice sent by the COMPANY to the CLIENT. The Service Fee does not include applicable state sales tax. The COMPANY will be under no duty to perform its obligations under this Contract until such time as CLIENT has paid the service fee in full. Making payment upon this Contract and invoice solidifies this Contract.
RETAINER AND PAYMENT SCHEDULE: The CLIENT shall pay a $300 non-refundable retainer fee or full payment is due at the time of receiving a custom invoice from the COMPANY in order to perform the services specified herein and in the Contract. At such time as this order is completed, the retainer shall be applied to reduce the total cost and CLIENT shall pay the balance due. If the non-refundable retainer fee or full payment is not made, the COMPANY will not complete the booking as outlined in the Contract. The remaining balance is payable in full at least thirty (30) calendar days prior to the EVENT(S). In the event the CLIENT fails to remit payment as specified, the COMPANY shall have the right to immediately terminate this Contract with no further obligation, retain any monies already paid, and not attend the EVENT(S).
PRICING: Services or merchandise not included in this initial Contract will be sold at the current price when the order is placed. All prices are subject to change at any time without notice. Credit vouchers have no intrinsic cash value and may only be applied toward services from the COMPANY.
ADDITIONAL CHARGES: Each photo booth package fee is based on the COMPANY's pricing policy or promotional package pricing and includes the services described therein. If the fee is not based on a package but is a session fee, or other event fee, all work shall be billed in accordance with the COMPANY's hourly rate.
REMAINING BALANCE: CLIENT must pay the COMPANY the remaining portion of the Service Fee no later than thirty (30) calendar days before the event date. Late payments may result in a penalty of $150 per week.
TRAVEL EXPENSES: All travel expenses are based on the distance between the EVENT location(s) and the COMPANY address. For all EVENT(S), the first 40 miles round trip of travel are included. At the discretion of the company, all miles in excess of 40 miles round trip are charged at a custom rate determined by location and accessibility of the EVENT(S).
OUT OF STATE TRAVEL: For out of state events CLIENT is responsible for the following additional charges: airline, hotel, car rental and expenses, and $80 per diem. By entering into this Contract, CLIENT agrees to pay any additional charges incurred by the COMPANY within 10 days of CLIENT'S receipt of the COMPANY'S list of additional charges.
ATTORNEY FEES: If any action or other proceeding is brought to enforce any of the terms of this Contract, the prevailing party shall be entitled to recover such reasonable attorney fees and other costs incurred in the action or proceeding, in addition to any other relief to which the prevailing party may be entitled.
EVENT PROVISIONS AND AGREEMENTS
EVENT SCHEDULE: The CLIENT(S) agrees to confirm the schedule one-week prior to the EVENT(S). Notification of any changes in schedule or location must be made in a timely manner and the CLIENT(S) must obtain confirmation of receipt from the COMPANY.
SERVICE PERIOD: The CLIENT(S) and the COMPANY agree that cooperation and punctuality are essential to accomplish the goals and wishes of all parties. COMPANY will arrive approximately 90 minutes before the service period begins to set up. The photo booth commences at the scheduled start time and ends at the scheduled end time. If the CLIENT(S) venue does not have all items prepared for the photo booth to operate, such as 10' x 10' space, a power source, wifi access, and chairs; the COMPANY will not be held liable for any delays. The COMPANY will commence at the scheduled start time and end at the scheduled end time. All additional time beyond the scheduled end time will be billed to the CLIENT.
IDLE TIME: Should the CLIENT(S) like the COMPANY to arrive earlier than the customary time to set up, or any breaks in the service period are considered idle time and will be charged at the idle hour rate of $100/hour.
NUMBER OF PHOTOS: Numbers of guests at the EVENT(S) and their involvement with the COMPANY varies per event. The COMPANY does not guarantee any number of photos for the hosts.
INHERENT QUALITIES: The CLIENT is aware that color dyes in photography may fade or discolor over time due to the inherent qualities of dyes as well as DIGITAL media which may deteriorate due to deamination and oxidation, and CLIENT releases the COMPANY from any liability for any claims whatsoever based upon the deterioration due to such inherent qualities.
CAPTURE AND DELIVERY: The COMPANY is not liable to deliver every image taken at the event. The determination of images delivered to the CLIENT is left to the discretion of the COMPANY.
POST PRODUCTION AND EDITING: The final post production and editing styles, effects, and overall look of the images are left to the discretion of the COMPANY.
VENUE AND LOCATION LIMITATIONS: The COMPANY is limited by the rules and guidelines of the location(s) and site management. The CLIENT(S) agrees to accept the technical results of their imposition on the COMPANY. Negotiation with the officials for moderation of guidelines is the CLIENT(S)'s responsibility; the COMPANY will offer technical recommendations only. CLIENT(S) will arrange for an appropriate area (solid, flat ground, 12’ deep x 12’ wide x 8’ high) & power (110V 10 amps, 3 prong outlet) for the Photo Booth at EVENT(S)’ venue. NO OUTDOOR SET UPS WILL BE ALLOWED.
BREAKS & MEALS: The COMPANY will be allowed one 15-minute break at their own discretion, and bathroom breaks when necessary. Occasionally, operations may need to be interrupted for maintenance of the photo booth (changing photo paper/ribbon, adjusting printer, adjusting to lighting, etc.).
For events contracted for three hours or more, the CLIENT must provide the COMPANY a full vendor meal. The CLIENT will discuss these details and meals with their caterer. If no meal is provided, the COMPANY reserves the right to go off-site for a meal for 45 minutes.
RESPONSIBILITIES: The COMPANY is not responsible for compromised coverage due to causes beyond the control of the COMPANY including but not limited to obtrusive guests, lateness of the CLIENT or guests, weather conditions, schedule complications, incorrect addresses provided to the COMPANY, rendering of decorations, or restrictions of the locations. The COMPANY is not responsible for backgrounds or lighting conditions which may negatively impact or restrict the photo coverage. The COMPANY is not held liable for missed coverage of any part of the EVENT(S). The COMPANY will not be held accountable for failure to deliver images of any individuals or any objects at the EVENT(S).
AUTHORIZATIONS: CLIENT shall be obligated to obtain any and all necessary authorization from the property owner/representative of any location(s) where The COMPANY will be providing its services under this Contract.
LIMITATIONS OF LIABILITY
LIMIT OF LIABILITY: The COMPANY liability to CLIENT for any claim for damages, reimbursement or loss suffered, relating to or in any way arising out of the COMPANY performance under this Contract, is solely limited to a refund of the Service Fee. Because an event is an uncontrollable event, the COMPANY cannot guarantee delivery of any specifically requested image(s). CLIENT further recognizes and agrees that an entire event cannot be replicated, reenacted or repeated for the purpose of a re-shoot, and that The COMPANY has no obligation under this Contract to do so.
ATTENDANTS ILLNESS OR INJURY: In the unlikely event that the assigned COMPANY attendant from the COMPANY is unable to perform to the guidelines of this contract due to an injury, illness, act of God, act of terrorism, or other cause beyond the control of the COMPANY, the COMPANY will make every effort to secure a replacement. If the services of an alternative local The COMPANY attendant cannot be secured, then The COMPANY shall promptly reimburse CLIENT any and all Service Fee amounts CLIENT has previously paid to The COMPANY, and neither party shall have any further obligations or additional liability under this Contract.
INAPPROPRIATE BEHAVIOR BY GUESTS: If at any point during the event the COMPANY attendant feels unsafe or is sexually harassed by an event guest or guests then the COMPANY attendant can immediately end the services and leave. If a guest or guests are rude, the attendant will notify CLIENT representative and if the rude behavior doesn't stop then The COMPANY attendant will end the services and leave. The COMPANY will provide the products described above using the footage obtained before the incident and CLIENT will receive no refund or partial refund.
MAJOR FORCES: In the unlikely event that the assigned attendant from the COMPANY is unable to perform to the guidelines of this Contract due to an injury, illness, act of God, act of terrorism, or other cause beyond the control of the COMPANY, the COMPANY will make every effort to secure a replacement. If the situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received for the EVENT(S).
In the unlikely event that digital files have been lost, stolen, or destroyed for reasons beyond the COMPANY's control, including but not limited to camera, hard drive, or equipment malfunction, the COMPANY liability is limited to the return of all payments received for the EVENT(S). The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of total number of originals. The COMPANY is not liable for the loss of images beyond the lesser of the final delivery of all products included in the package or one year.
DAMAGE TO COMPANY'S EQUIPMENT: The CLIENT(S) acknowledges that they shall be responsible for any damages or loss to the COMPANY's equipment caused by: a) Any misuse of the COMPANY's Equipment by CLIENT(S) or person(s) at the EVENT or b) Any theft or destruction of equipment (including but not limited to props, camera, computer, and printer) by CLIENT or person(s) at the Event or c) Disaster (including but not limited to fire, flood or earthquake).
SAFETY: The COMPANY reserves to right to terminate coverage and leave the location of the EVENT(S) if the photographer from the COMPANY experiences inappropriate, threatening, hostile or offensive behavior from person(s) at the EVENT(S); or in the event that the safety of the photographer from the COMPANY is in question.
PERMITS, RELEASES, POLICIES, AND COPYRIGHTS
PERMITS: The CLIENT is responsible for acquiring all permits and necessary permission for all locations on which the COMPANY will be performing services.
FILM and COPYRIGHTS: The photographs produced by the COMPANY are protected by Federal Copyright Law (all rights reserved) and may not be reproduced in any manner without the COMPANY's explicitly written or verbal permission. If the CLIENT has received an “Image CD", “Image USB", or “Image ZIP File" from the COMPANY, upon final payment by the CLIENT, limited copyright ownership of the resulting images will be transferred to the CLIENT. If the CLIENT has received an “Image CD", “Image USB", or “Image ZIP File" from the COMPANY, the COMPANY grants the CLIENT permission to share the images on social networking websites, with family and friends, and on vendor websites as long as the images remain unaltered and textual credit is explicitly given to the COMPANY. The CLIENT must obtain written permission from the COMPANY prior to publishing or selling the photographs.
REPRODUCTION POLICY: The CLIENT shall obtain an “Image CD", “Image USB", or “Image ZIP File" for personal use only, and shall not sell said images. If CLIENT is obtaining a print or image for newspaper announcement of the wedding, editorial use or website, the COMPANY authorizes CLIENT to reproduce the print in this manner. In such event, CLIENT shall run a visible credit for the COMPANY adjacent to the photograph.
MODEL RELEASE: The CLIENT hereby assigns the COMPANY the irrevocable and unrestricted right to use and publish photographs of the CLIENT, guests of the CLIENT, event attendees of the CLIENT or in which the CLIENT may be included, for editorial, trade, advertising, educational and any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same without restriction. The CLIENT releases all claim to profits that may arise from use of images. The CLIENT will also assume responsibility of letting event guests and attendees of this model release information. The CLIENT is responsible for communicating to event guests and attendees the fact that images from the event will be published in an album on the COMPANY'S website.
COPYRIGHT: All photographs created by the COMPANY are copyright protected. It is a violation of Federal Copyright Law to copy, scan or allow photographs to be reprinted, duplicated, digitally reproduced, copied, scanned or altered (digitally or otherwise), without the COMPANY'S express written permission. Any and all rights to proofs, final or sample prints, shall remain the property of the COMPANY. The COMPANY may use any and all proofs and prints for purposes of advertising, display, stock, use in photography contests, or for any other reasonable purpose without notification of, release by, or compensation to CLIENT.
SOCIAL MEDIA: CLIENT agrees that when photos are published online, they are required that citation of the COMPANY be made. CLIENT agrees that under no circumstances alter the COMPANY’s photographs that are placed in public or on the internet. Photographs taken by the COMPANY need to be an accurate representation of their work so that future clients have a good understanding of their brand and style. The CLIENT agrees to be responsible for any guest who posts photographs from COMPANY online and agrees that they cannot be cropped, altered in color, or edited in any way. This applies to social media including, but not limited to Facebook , Instagram, and blogs.
CLIENT agrees to, and understands the following:
CLIENT will indemnify provider against any and all liability related to CLIENT's Event during or after the CLIENT's Event. CLIENT will indemnify the COMPANYfrom the time of service and on into the future, against any liability associated with Client.
Client will indemnify the COMPANY against any and all liability associated with the use of pictures taken within the Photo Booth its representatives, employees or affiliates at CLIENT'S EVENT..
EXCLUSIVITY: By signing this Contract, CLIENT agrees that the COMPANY is the exclusive professional photo booth provider for the event. No additional professional photo booths may be employed by CLIENT, their agents, or representatives without the COMPANY'S prior express written consent.