By Conducting Business With Photo Booth Dallas.org LLC, You Agree To The Following Terms And Conditions.
The following contract and its terms will set forth an agreement between Photo Booth Dallas (Provider) and
_______________ (the parties), for photo booth services for an event taking place at _____________________________. This written contract sets forth the full, written intention of both parties and supersedes all other written and/or oral agreements between the parties.
SERVICE PERIOD (Read Carefully) –The service period will be from these times _______to ______ on _______________. We will arrive approximately 30-45 minutes at our discretion before the service period begins. Setup only takes 15min. If you would like us to arrive earlier you will be charged for idle time. 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 (changing photo paper, adjusting camera, adjusting printer, etc.).
PAYMENT – A retainer in the amount of _________ is due upon signing of this contract. The remaining amount is due 1 week before your event – A Payment Request may be sent sooner. If payment is received after the date of your event, you are subject to a late penalty fee of 10% of the balance due PER DAY. We accept cash, check or credit card (subject to fees in order to keep our prices low). We do not secure your date on our calendar until the deposit is received.If the rental time period exceeds the service period agreed to in the invoice below, the overage in rental time will be billed to the parties at the hourly rate of $125/hour for the photo booth. Payment for any overage in time must be paid before additional hours are provided. Client agrees that in addition to any and all other legal rights and remedies Provider may have, Client will pay a $25.00 fee for any and all returned checks.
DATE CHANGES & CANCELLATIONS
Any request for a date change must be made at least 7 days in advance of the original event date – Weather changes must be made 24 hours in advance. Change is subject to photo booth availability and receipt of a new Service Contract. If there is no availability for the alternate date, the retainer shall be forfeited and event cancelled.
DAMAGE TO PROVIDER’S EQUIPMENT
Client acknowledges that it shall be responsible for any damage or loss to the Provider’s Equipment caused by: a) Any misuse of the Provider’s Equipment by Client or its guests, or b) Any theft or disaster (including but not limited to fire, flood or earthquake).
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, its employees or affiliates at Client’s event.
LIMITATON OF LIABILITY
In no event shall Photo Booth Dallas be liable for anydirect, indirect, incidental, consequential, special, exemplary, punitive or other damages, whether based in contract, tort or otherwise (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use Photo Booth Dallas’ services, even if a Photo Booth Dallas authorized representative has been notified orally or in writing of the possibility of such damage.The remedies set forth herein are exclusive and Photo Booth Dallas total liability to the Client, whether based on contract, warranty, tort (including negligence), indemnity, and strict liability or otherwise, will not exceed the total payment for the service provided.