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Event Service Contract

Please fill out the following event service contract

 

EVENT AGREEMENT TERMS AND CONDITIONS 

The person(s) whose signature(s) appear on this contract, known as “Client,” agree that  FotoBo (“Company”) will provide photobooth 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 a photobooth  operational for a minimum of 80% during this period; occasionally, operations may need  to be interrupted for maintenance of the photobooth.  

RETAINER AND PAYMENT 

A non-refundable retainer in the amount of 20% is due upon signing of contract. 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 ACCESS, SPACE AND POWER  

Client shall arrange for an appropriate space for the photobooth at Client’s venue.  Space must be level, solid, and at least 6’ by 9’. It is the Client’s responsibility to ensure  access is possible. Photobooth may be placed in an exterior location, provided it is  protect from weather. Client is responsible for providing power to the photobooth (110V,  10 amps, 3 prong outlet). 

 

WIFI ACCESS 

Company social media package requires Client to provide or guarantee a venue  Internet connection of at least (1MB). Company is not responsible for insufficient social  media features below the required Internet speed.  

 

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.  

 

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 good faith 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. 

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