Agreement/Terms & Conditions
I. THE PARTIES. This contract (“Agreement”) is by and between:
Photo Booth Provider: ezPopUpBooth, with a mailing address of 31 West 34th street FL-8, New York, NY 10001 (“Provider”), and
Client: You the client (“Client”).
The Provider and the Client are each referred to herein as a “Party” and collectively as the “Parties.”
II. PHOTO BOOTH. The Provider agrees to lease the following to the Client: ezPopUpBooth.
Hereinafter known as the “Photo Booth.”
III. EVENT INFORMATION. The Provider shall provide the Photo Booth for the following:
Event SET UP REQUIREMENTS
Min. 7.5′ Ceiling Height Clearance
Min. 8′ X 8′ Floor Area (ideally 12′ X 12′)
Dedicated Power Outlet
Hereinafter known as the “Event” and the Provider will arrive before the event time to set up the Photo Booth.
IV. PAYMENT. The Client shall pay a total Amount (“Rent Amount”) for the rental of the Photo Booth for the duration of the Event rental time booked. The Rental Amount shall be paid as follows:
a. INITIAL PAYMENT. As part of this Agreement, the Client is:
Required to pay an initial payment of 30% of the total amount that is booked, client.
The Client agrees to these Terms & Conditions (“INITIAL PAYMENT”). The initial payment shall be credited and deducted from the Rental Amount.
b. All payments are Unconditional Non-Refundable Deposit and non-transferable. The initial payment will not be refunded under any circumstances.
c. Balance. The balance of the Rental Amount, less any initial payment, is due upon arrival of the Event. If the Balance payment has been paid by the Client will become non-refundable and the Provider shall have no obligations to perform under this Agreement.
d. Overage. Any overage in time will be billed at the rate of $250/hour. Payment for any overage in time must be paid before additional hours will be provided. If the Event ends earlier than expected, no refund will be given.
e. Returned Checks. The Client will be under obligation to pay $100.00 for each returned check the Client has written for the purposes of the above- listed payments.
f. Date Changes. Any date change request must be made in writing at least 15 days in advance of the Event. The possibility of a given date change is subject to availability and the receipt of a new agreement to replace this Agreement. Both Parties must consent to such date change.
g. Rights to Photos. Rights to any and all media taken and generated by the Photo Booth shall be the property of:
- The Client. The Provider grants permission to use any and all media generated by the Photo Booth through the course of the Event for any purpose, including promotional purposes, waiving any claim to libel, invasion of privacy, or similar perceived damages.
h. Taxes. All applicable taxes will be applied and made known at the time of agreement.
i. Photo Booth Failure. Should the Provider fail to provide a fully operational Photo Booth for the Event, the Client’s only remedy will be a full refund. In such event, the Client waives any claim on further consequential damages or liability. If only partial services can be provided due to conditions beyond the reasonable control of the Provider, the payments shall be negotiated at that time on a prorated basis.
V. TERMS AND CONDITIONS. The Provider and the Client agree to the following Terms and Conditions:
a. Operations. The Provider will deliver, set up, and remove the Photo Booth from the Event’s location. The Provider agrees to have a qualified technician onsite to maintain and operate the Photobooth.
b. Space and Placement. The Client will arrange for appropriate space and access for the Photo Booth at the Event’s venue along with necessary power. The Provider shall provide specifics related to space, shelter, power, and whatever else is deemed necessary must be met for the setup conditions to be considered adequately met.
c. Damage to Equipment. The Client will be responsible for any damage or loss to the Provider’s equipment due to misuse by the Client or any guest of the Client and in the case of theft or damage (due, but not limited, to fire, flood, or earthquake). If the Provider judges the weather during the course of the Event to be inclement and thus unsafe, they reserve the right to cease operations for the safety of the equipment and of the
Event’s attendees, in which case no refund will be given.
d. Liability and Indemnification. The Provider will not be liable for direct, indirect, incidental or consequential damages (including, but not limited to, damages for lost profits or increased expenses) with respect to any claim related to this Agreement and the services provided. The Client will indemnify and hold harmless the Provider and all technicians who are independent contractors working with the Provider at the time against all liability related to the Event from its date and into the future. The Client will assume all legal fees claimed by third persons, provided that such loss or damage was not caused by the fault or negligence of the Provider or its employees, agents, or subcontractors.
Vl. GOVERNING LAW. This Agreement shall be construed and governed in accordance with the laws located in the State where the Event is taking place.
Vll. ADDITIONAL TERMS & CONDITIONS. The Provider will allow unlimited prints of the photos generated by the Photo Booth.
Vlll. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the Parties. No modification or amendment of this Agreement shall be effective unless in writing and signed by both Parties.
lX. EXECUTION. The Provider and the Client each represent and warrant to the other that each person executing this Agreement on behalf of each party is duly authorized to execute and deliver this Agreement on behalf of that party.
X. By submitting this form you agree to our Photo booth contract and T&C