SELFIE STAND RENTAL TERMS & CONDITIONS
These Terms And Conditions are made effective for all purposes in all respects as of January 1st, 2019 by and between “The SnapBar, LLC" hereinafter referred to as the “COMPANY" and the inquirer of services, hereinafter referred to as the “CLIENT" relating to any rentals(s) booked through the online store located on the COMPANY's website (www.photobooths.co), hereinafter referred to as the “EVENT(S)".
AGREEMENT: These Terms And Conditions contain the entire understanding between the COMPANY and the CLIENT. It supersedes all prior and simultaneous Contracts or Terms And Conditions between the parties. The only way to add or change these Terms And Conditions is to do so in writing, reviewed and signed by all parties in the form of a new Contract. In the event that any part of these Terms And Conditions is found to be invalid or unenforceable, the remainder of these Terms And Conditions shall remain valid and enforceable. Any agreement to waive one or more provisions of these Terms And Conditions or any failure by one or both parties to enforce a provision of these Terms And Conditions shall not constitute a waiver of any other portion or provision of these Terms And Conditions.
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.
RENTAL TERMS AND CONDITIONS
In the case that the CLIENT rents or leases the COMPANY'S computers, cameras, technology or other equipment, hereby referred to as EQUIPMENT, for a specified period of time agreed upon in the Order Form and Invoice, hereby referred to as the RENTAL PERIOD, the CLIENT hereby agrees to the following:
1. CLIENT shall keep the EQUIPMENT in a good state of repair, normal wear and tear accepted, and is responsible for any damage to, loss or theft of the EQUIPMENT occurred during the RENTAL PERIOD, as specified in the Order Form and Invoice.
2. CLIENT shall pay The COMPANY full compensation for replacement and/or repair of any EQUIPMENT that may be damaged, lost or stolen during the RENTAL PERIOD. The COMPANY's invoice for replacement or repair costs is conclusive as to the amount CLIENT shall pay under this paragraph for repair or replacement up to a maximum of $7,500 for full replacement.
3. CLIENT shall not remove the EQUIPMENT from the address of CLIENT or the location shown herein as the place of use of the EQUIPMENT without prior written approval of the COMPANY.
4. Unless otherwise agreed upon, the EQUIPMENT shall be delivered by the COMPANY via FedEx. The equipment will be returned to the COMPANY, using a prepaid shipping label provided by the COMPANY, at the CLIENT's risk.
5. No allowance will be made for any rented EQUIPMENT or portion thereof which is claimed not to have been used. Acceptance of returned EQUIPMENT by the COMPANY does not constitute a waiver of any of the rights the COMPANY has under the rental agreement.
6. The COMPANY may terminate this agreement immediately upon the failure of CLIENT to make rental payments when due.
7. Additional charges shall be incurred by the CLIENT in the event that the equipment is damaged, missing any parts, or returned later than the terms of these Terms And Conditions. All additional charges shall commence from the Effective Date of these Terms And Conditions. CLIENT shall pay to the COMPANY an additional service charge of four hundred dollars ($400) per day for each day the equipment has not been returned. The COMPANY shall invoice the CLIENT immediately following the return of the equipment and all invoices are due upon receipt.
8. The COMPANY makes no warranty of any kind regarding the rented EQUIPMENT, except that the COMPANY may replace the EQUIPMENT with identical or similar EQUIPMENT if the EQUIPMENT fails to operate in accordance with the manufacturer's specifications and operation instructions but only if the COMPANY has available EQUIPMENT in its possession. Such replacement shall be made as soon as practicable after CLIENT returns the non-conforming EQUIPMENT.
9. CLIENT indemnifies and holds the COMPANY harmless for any and all injuries or damage due to the use of EQUIPMENT and for all consequential and special damages for any claimed breach of warranty.
10. CLIENT shall pay all reasonable attorney and other fees, the expenses and costs incurred by the COMPANY in protection of its rights under this rental agreement and for any action taken by the COMPANY to collect any amounts due to the COMPANY under this rental agreement.
11. These terms are accepted by CLIENT upon delivery of the terms to the CLIENT or the agent or another representative of CLIENT.
RESERVATIONS, CHANGES, AND CANCELLATIONS
RESERVATION: An electronically submitted Order Form and payment 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 payment 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.
CHANGE IN EVENT DATE: If subsequent to these Terms And Conditions 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 equipment is not available on the new event date, the COMPANY shall be entitled to keep payment and neither party shall have any further liability or obligation under these Terms And Conditions. 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 the CLIENT shall cancel these Terms And Conditions thirty (30) or more calendar days before the event date, any deposit paid to the COMPANY shall be refunded in full. If CLIENT shall cancel within thirty (30) days of the event date, the deposit will be kept by the COMPANY.
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 these Terms And Conditions until such time as CLIENT has paid the service fee in full. Making payment upon these Terms And Conditions and invoice solidifies these Terms And Conditions.
PRICING: Services or merchandise not included in these Terms And Conditions 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 merchandise purchased 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 rates.
ATTORNEY FEES: If any action or other proceeding is brought to enforce any of the terms of these Terms And Conditions, 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 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 confirmation of receipt must be obtained from the COMPANY by the CLIENT.
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.
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 agrees to accept the technical results of their imposition on the COMPANY. Negotiation with the officials for moderation of guidelines is the CLIENT's responsibility; the COMPANY will offer technical recommendations only.
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 these Terms And Conditions.
RESELLING: The COMPANY does not permit the CLIENT to charge guests of the CLIENT or event attendees of the CLIENT for services rendered by the COMPANY at the EVENT(S). The CLIENT must obtain written permission from the COMPANY prior to selling the photographs taken by the COMPANY or charging guests for the service provided by the COMPANY. Any Admission Fee, or any other fee, that the CLIENT charges to its guests for admittance into the EVENT(s), but not pertaining to the use of the COMPANY's services, shall not be considered a breach of these Terms And Conditions.
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 these Terms And Conditions, 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 these Terms And Conditions to do so.
MAJOR FORCES: In the unlikely event that the COMPANY is unable to perform to the guidelines of these Terms And Conditions 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.
INDEMNIFICATION: CLIENT covenants and agrees to indemnify and hold The COMPANY 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 the COMPANY 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 the COMPANY.
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 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 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 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 for informing 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 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.
EXCLUSIVITY: By agreeing these Terms And Conditions, 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.
SUCCESSORS AND ASSIGNS: The terms and provisions of these Terms And Conditions shall be binding on and inure to the benefit of the successors and assigns of the parties.
MISCELLANY: These Terms And Conditions and the associated Order Form and Invoice incorporates the entire understanding of the parties. Any modifications of the Terms And Conditions must be in writing and signed by both parties in the form of a new Contract. Any waiver of a breach or default hereunder shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of these Terms And Conditions.
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