This page outlines the photo booth services provided by The FamTastic Booth (Referred to as Vendor) to clients (Referred ti as Client) who booked photo booth services through the Vendor's website: thefamtasticbooth.com
RETAINER AND PAYMENT
A non-refundable retainer of 50% is due upon signing of contract. The remaining amount is due thirty 30 days in advance of Client’s Event. Client is liable for any overage in time at the cost of $120/hr., which will be billed in half hour increments.
PAYMENT METHOD
For your convenience, payments can be made online via our website using a valid credit or debit card. Otherwise, payment is to be made by cash or check.
EXCLUSIVITY
Client understands and agrees that he or she has hired the Vendor exclusive of any other service provider. In order to provide a high level of satisfaction and quality of service, no other service providers, other than any assistant or third party that the Vendor hires to complete the Services outlined in this Agreement, are permitted to provide the same or similar services or products, paid or unpaid, at the locations and dates specified in this Agreement.
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 Photo Booth 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 Photo Booth 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 Photo Booth 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 Photo Booth (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.
PRINT OUT DESIGN
Company will design a print out based on material supplied by Client, including logos, fonts, monograms, and ideas. Company will provide a draft and one revision, additional revisions will be billed to Client at ($65) an hour.
MODEL RELEASE
Company reserves the right to use images produced with its Photo Booth 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.
Appropriate Conduct/ Safe Working Environment.
The Client(s) expressly agree(s) to take best efforts to provide Vendor and Vendor’s staff with safe and appropriate working conditions. In the event of circumstances deemed by either Vendor or a bystander to present a threat or implied threat of injury or harm to Vendor staff or equipment, the Vendor reserves the right to cancel all services remaining under this Agreement and leave the event. In the event that the Vendor must leave due to such circumstances, the Client(s) agree to release and hold the Vendor harmless from any resulting incomplete coverage or reduction in service quality, with no refund provided.
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.