You agree to the following terms and conditions:
* No changes, cancellations, nor refunds within 2 weeks of event.
* Cancellations are subject to $100 cancellation fee.
* Postponements are subject to $100 change fee. (Change fee waived for COVID-19 caused postponements.)
* A $500 security deposit must be provided before the rental equipment will be provided. The security deposit will be refunded the first business day following the equipment's return, providing the equipment is in the same condition upon return as when picked up.
* Late fees of $50/quarter-hour, or portion of, will be charged against the security deposit.
We understand that events may be affected by COVID-19 and sometimes have to be rescheduled. Events that are postponed because of COVID-19 may be rescheduled up to one year from the booked event date with no change fees. Events that are cancelled because of COVID-19 may be transferred to another party with no additional fees.
M. D. Miller Photography (dba FotoFunSpot) Photo Booth Services Contract
THIS AGREEMENT (hereafter “Agreement") is made and entered into by M. D. Miller Photography (hereafter “Provider”) and the party paying for the services (hereafter “Client”) for photo booth services as described by the attached Photo Booth Service Agreement (hereafter “Services”).
Upon entering this agreement, the Client agrees and acknowledges the following:
* Client may pick up the photo booth equipment up to one hour prior to the designated event start time.
* Client must return photo booth equipment no later than one hour after the end of the designated photo booth duration.
* Orders are not booked until you receive a confirmation of booking email from Provider.
* Orders will be processed in the order received.
FotoFunSpot EXPRESS Photo Booth as described by the accompanying order form.
THIS IS AN AGREEMENT FOR THE RENTAL OF EQUIPMENT. The equipment remains the propery of Provider. The purchase of these services does not give any ownership of the equipment to Client.
ACCEPTABLE USE: The photo booth may be used solely to take photos using the software as provided, as a photo booth. Reconfiguration of the photo booth software nor hardware is specifically prohitibed. Rented equipment must not be disassembled nor destroyed. Replacement price of the equipment is three thousand dollars.
PRIVACY: Although we attempt to protect our client's privacy, there is no guarantee of privacy with regard to the photos taken.
FEES AND PAYMENT
Service Fee. The Service Fee shall be as shown on the accompanying order form, and encompasses only those items indicated on the same form, and applicable sales tax. The Provider will be under no duty to perform its obligations under this Agreement until such time as Client has paid the Service Fee and all applicable taxes in full. Making payment upon this contract and invoice solidifies this agreement.
The service fee is generally non-refundable, and may only be refunded to Client upon the occurrence of those certain circumstances set forth in the Limitations of Liability section of this Agreement. This service fee is non refundable in the instant where client decides to cancel services of photographers up to and including 14 days prior to the event date. If event date is less than 14 days upon receiving cancellation notice, the service fee and all other applicable fees received by Provider are non refundable.
Remaining Balance. Client must pay Provider any remaining portion of the Service Fee and applicable taxes according to the payment schedule below.
Payments: Client agrees to pay the Service Fee in full at the time of placing the order.
RESERVATION, CHANGES, AND CANCELLATION OF EVENT
Reservation of Event Date: The Provider agrees to reserve the time and date for Client’s event only after Provider has confirmed availability and has provided a confirmation of booking to the Client to the Client's email address.
Change in event Date: If, subsequent to this Agreement, Client changes the date of the Event, Provider will make best efforts to accommodate Client and provide its Services on the changed date. If the Provider is not available on the new event date, Provider shall be entitled to keep the retainer and all subsequent payments, and neither party shall have any further liability or obligation under this Agreement. If Client reschedules the event, a new Photo Booth Services Agreement with pricing in effect at that time shall apply. Changes in event date are subject to a change fee of one hundred dollars.
Cancellation of event. If Client cancels the event, Client shall immediately notify the Provider of such cancellation in writing. Cancellations are subject to a processing fee of one hundred dollars. In the event that Client cancels the event less than 14 day prior to the event date, the entire service fee is due, and no refund will be given.
NO REFUNDS for custom work added to the order as an add-on.
LIMITATIONS OF LIABILITY
The Provider’s liability to Client for any claim for damages, reimbursement or loss suffered, relating to or in any way arising out of Provider’s performance under this Agreement, is solely limited to a refund of the Service Fee and applicable taxes. Photo booth events are spontaneous, and Provider cannot guarantee delivery of any specifically requested image(s), poses, nor people groupings. Client further recognizes and agrees that an entire event cannot be replicated, reenacted or repeated for the purpose of a re-shoot, and that Provider has no obligation under this Agreement to do so.
Illness or Injury. Should Provider become unexpectedly ill or injured, and is unable to fulfill the services booked with this agreement, Provider shall promptly reimburse Client any and all Service Fee amounts to the Client, and neither party shall have any further obligations or additional liability under this Agreement.
Force Majeure: Neither Provider nor Client shall be held responsible nor liable if the fulfillment of any terms or provisions of this Agreement are delayed or prevented by revolutions or other disorders, wars, acts of enemies, fires, floods, acts of God, or without limiting the foregoing by any other cause not within the control of the party whose performance is interfered with, and which by the exercise of reasonable diligence, the party is unable to prevent, whether of the class of causes enumerated before or not. In the event the events contemplated by this paragraph occur, the Provider shall be entitled to retain any and all payments previously paid by and on behalf of Client.
Indemnification. Client covenants and agrees to indemnify and hold Provider harmless from all claims, demands, actions or damage of every kind and description, including reasonable attorney fees and all other costs and expenses necessarily incurred, which may accrue to, or be suffered by Client as a result of a third party’s act and/or omission and not as a result of Provider’s act and/or omission, including but not limited to the following occurrences: photographic materials being damaged in processing, loss of photographic materials due to camera malfunction, loss of photographic materials in the mail, and photographic materials being stolen while outside the control of Provider.
All photographs created by Provider are copyright protected. It is a violation of United States Federal Copyright Law to copy, scan or allow photographs to be reprinted, duplicated, digitally reproduced, copied, scanned or altered (digitally or otherwise), without the express written permission of Provider. Client agrees to purchase reprints directly from Provider, unless Client has purchased the digital files from Provider, as listed on the Photo Booth Services Agreement. Any and all rights to proofs, final or sample prints, shall remain the property of Provider. Provider 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.
Client who purchases digital files may create reprints for personal use only. All other uses of digital files are prohibited and require express written consent of Provider prior to use. Digital files are subject to natural degradation and data corruption over time and it is Client’s responsibility to backup such files to prevent loss of data. Provider will store digital files for two years after the event date. After two years from the event date, files will be archived. Retrieval of images after archival will incur a $100 fee.
Client shall be obligated to obtain any and all necessary authorization from the property owner/representative of any location(s) where Provider will be providing its services under this Agreement.
Provider will deliver digital files, if purchased, no later than four weeks after Client’s event.
Successors and Assigns. The terms and provisions of this Agreement shall be binding on and inure to the benefit of the successors and assigns of the parties.
Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter of this Agreement and supersedes all prior agreements, oral and written, between the parties hereto with respect to the subject matter of this Agreement.
Modification and Waiver. This Agreement may not be amended, modified, or supplemented except by written agreement signed by the party against which the enforcement of the amendment, modification, or supplement is sought. No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute, a waiver of any other provision. No waiver shall be binding unless executed by the party making the waiver.
Attorney Fees. If any action or other proceeding is brought to enforce any of the terms of this Agreement, 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.
Joint and Severally Liable. Each person signing as Client shall be jointly and severally liable for full payment pursuant to the payment terms set forth in this Agreement.
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.
Governing Law. This Agreement shall be governed and construed under the laws of the State of Nebraska.
Choice of Venue. Any claims arising from or related to this Agreement shall be filed in Sarpy County, Nebraska.
Severability. The invalidity, in whole or in part, of any term of this Agreement does not affect the validity of remainder of the Agreement.
I, the undersigned contracting party (Client), hereby warrant that I am competent to contract in my own name. I confirm that I have read the herein Agreement prior to its execution and I am fully familiar with the contents thereof. This Agreement shall be binding upon us and our heirs, legal representatives and assigns. And, we certify that we have received a complete copy of this Agreement with all blank lines completed.