This Agreement is between GLAMOUR STYLE PHOTO BOOTH (hereinafter “PROVIDER”), and Geoffrey Nolasco (hereinafter “CLIENT”) relating to the event of Geoffrey Nolasco which will take place at Nolasco House, 9442 Vollmerhausen Drive, Columbia, MD 21046 for Photo Booth services on 07/01/2023 from 5pm to 8pm. This written contract sets forth the full, written intention of both parties and supersedes all other written and/or oral agreements between the parties.
LEVEL OF SERVICE: The parties agree that PROVIDER shall furnish TERMS OF RENTAL AGREEMENT.
NAME OF CLIENT: Geoffrey Nolasco
DATE AND START TIME OF: Wedding | 07/01/2023, 5pm - 8pm
SERVICES, PACKAGES AND PRICE: See accepted quote
We will arrive approximately one hour before the coverage period begins to set up the booth. If you would like us to arrive earlier, you will be charged $100/hour for idle time. Coverage Time starts at the agreed upon time set forth in this contract and is consecutive. Coverage Time does not include travel time or anytime needed to set up and take down the Photo Booth but will include any travel time or anytime needed to set up and take down the Photo Booth in the event of any location change.
PROVIDER agrees to have a Photo Booth operational for a minimum of 80% during this period; occasionally, operations may need to be interrupted for maintenance of the Photo Booth (changing photo paper, adjusting camera, adjusting printer, etc).
A non refundable retainer of 30% of total price is due at the signing of this contract. The retainer is non refundable once paid. The remaining amount is due two weeks or fourteen days prior to your event. CLIENT agrees that if the balance is not paid by this time, PROVIDER will not render services as described in the contract with no liability to PROVIDER and will result in loss of reservation deposit by CLIENT and the CLIENT will still be required to pay final balance as per cancellation policy. The CLIENT has then broken the contract terms. We accept cash, or credit card online.
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 package description, the overage in rental time will be billed to the CLIENT at the hourly rate of $500 per hour. Payment for any overage in time will be billed after your event and must be paid immediately. CLIENT agrees that in addition to any and all other legal rights and remedies Provider may have, CLIENT will pay a $50 fee for any and all returned checks.
Due to the nature of our business, all sales are final; there will be no refunds.
A signed contract and reservation fee (deposit) are required to reserve the specified coverage.
Any request for a date change must be made in writing at least thirty days in advance of the original event date. Change is subject to availability within 1 year of original event date and receipt of a new Service Contract. If there is no availability for the alternate date, the nonrefundable reservation fee shall be forfeited and event cancelled. If event is cancelled for any reason, the non-refundable retainer fee is forfeited.
In the event of cancellation, the reservation fee (deposit) paid is non-refundable. It shall be liquidated damages to PROVIDER in the event of a breach of contract by CLIENT. The CLIENT shall also be responsible for payment for any PROVIDER materials charges incurred up to time of cancellation. Additionally, a cancellation fee of 50% of the package price is applicable if the event is cancelled within two 2 weeks or fourteen days of the event date.
SPACE & POWER
CLIENT will arrange for an appropriate indoor space for the Photo Booth at the event venue. (9’ deep x 10’ wide x 9’ high). The Photo Booth requires a minimum of one 110V, 15 amp, 3 prong circuit outlet from a reliable power source within 50 feet (along the wall) of the setup area. This circuit must be free of all other connected loads. Any delay in the performance or damage to the Photo Booth equipment due to improper power is the responsibility of the CLIENT. If only a 2 prong outlet is available, PROVIDER will provide a two prong adapter at no cost given that CLIENT informs PROVIDER at least one week prior to the Event. CLIENT shall provide crowd control if warranted; and furnishing directions to place of engagement. CLIENT is responsible for paying any charges imposed by the venue. These charges may include, but are not limited to, use of electric power. CLIENT will also ensure that there will be a table and table linen (if applicable) available for guest print outs. CLIENT agrees that PROVIDER will not be held liable for any lack of service due to CLIENT’s failure to provide these minimal requirements. If space is outdoors, CLIENT shall notify PROVIDER right away, provide 2 sandbags and a 10x10 pop up shade.
PROVIDER is limited by the guidelines of the venue. Client agrees to accept the technical results of their imposition on the PROVIDER. Negotiation with the officials for moderation of guidelines is CLIENT’s responsibility; PROVIDER will offer technical recommendations only.
CLIENT is responsible for ensuring there are no obstacles or restrictions that will prevent PROVIDER from safely delivering all equipment, set up and tear down of Photo Booth. CLIENT acknowledges that PROVIDER must have access to the Event space at least two hours prior to coverage start time. In the event that the space is not available during the scheduled set up time (1 hour before), provider is not responsible for any delays that may interrupt scheduled time of operation and shall not allow any refund or adjustment of time, if provider is not allowed to set up in the exact venue space provided.
Client must inform provider the exact set up space through the assigned contact person from the event or venue.
Minimum opening access to venue dimensions must be no less than 3’ wide and 6.5’ high.
DAMAGE & MISUSE
CLIENT acknowledges that it shall be responsible for any damage or loss to the PROVIDER’s Equipment caused by:
a. Any misuse by CLIENT or its guests, venue, venue employees, event staff or
b. Any theft or disaster (including but not limited to fire, flood or earthquake).
CLIENT will not be reimbursed for rental time lost due to willful or accidental damages to equipment inflicted by CLIENT or its guests, venue, venue employees, event staff.
The photographs produced by PROVIDER are protected by U.S. and international copy laws (all rights reserved) and may not be reproduced in any manner without explicit written permission from PROVIDER. Upon final payment by the CLIENT, a limited use license is transferred to the CLIENT under the following conditions:
• The digital images are licensed to the CLIENT for personal use and for the purposes of the reproduction and giving of photographs to friends and relatives.
• The CLIENT may not publish or sell the photographs for any purpose without written consent from PROVIDER.
• The CLIENT may not alter, transform, or build upon the work of PROVIDER without written consent from PROVIDER.
CLIENT grants PROVIDER permission to display selected images with model release form (in booth or in writing), resulting from this event as an example of PROVIDER’S work and for entrance into photographic competitions and release all claims to profits that may arise from use of images.
CLIENT must specify which of the standard backdrops or premium backdrops PROVIDER has listed on the website on the online questionnaire at least 1 week before the event. Backdrops are available at a first come first served basis. PROVIDER reserves the right to choose appropriate backdrop as it pleases if not all necessary information is available. PROVIDER reserves the right to choose appropriate backdrop as it pleases if a custom backdrop option has been chosen but has not been paid for.
CLIENT must provide via email all necessary artwork, graphics or logo via email at least 2 weeks before the event. All artwork must be sent in as JPG or EPS and artwork must be at least 6 inches wide at 300 DPI. Color preferences and text choice to be on prints must be listed on the online questionnaire at least 1 week before the event. Provider reserves the right to choose artwork and text as it pleases if not all necessary information is available. All graphics sent in later than 1 week before the event will incur a $100 rush fee.
CUSTOM BACKDROP AND PROPS
CLIENT must provide via email all necessary artwork, graphics or logo via email at least 2 weeks before the event. All artwork must be sent in as JPG or EPS and artwork must be at least 300 DPI wide. Color preferences and them choice to must be listed on the online questionnaire at least 2 weeks before the event. Provider reserves the right to choose artwork if not all necessary information is available. No changes to custom backdrop and props can be made after 2 weeks before the event. All graphics sent in later than 2 weeks before the event will incur a $250 rush fee.
PROVIDER typically supplies 20 pieces of props per event. CLIENT must provide adequate event theme information before a PROVIDER can supply a custom set of props that will satisfy the theme. PROVIDER reserves the right to choose appropriate props as it pleases. Additional charges will apply to props that are custom made per client request if there are no props in provider’s collection.
CLIENT agrees to, and understands that all guests using the Photo Booth hereby give to PROVIDER the right and permission to copyright and use, photographic portraits or pictures of any Photo Booth user who may be included intact or in part, made through any and all media now or hereafter known for illustration, art, promotion, advertising, trade, or any other purpose. In addition, CLIENT hereby release, discharge and agree to save harmless PROVIDER, from any liability, that may occur or be produced in the taking of said picture or in any subsequent processing thereof, as well as any publication thereof, including without limitation any claims for libel or invasion of privacy.
In the event of circumstances deemed to present a threat or implied threat of injury or harm to users, PROVIDER staff or any equipment owned by PROVIDER, PROVIDER reserves the right to cease performance. CLIENT shall be responsible for payment in full, regardless of whether the situation is resolved or whether PROVIDER resumes performance. In order to prevent equipment damage or liability arising from accidental injury to any individual attending this performance, PROVIDER reserves the right to deny any guest access to the Photo Booth other equipment.
LIMIT OF LIABILITY
In the unlikely event that the PROVIDER is unable to supply a working photo booth for at least 80% of the Service Period, CLIENT shall be refunded a prorated amount based on the amount of service received. If the printer fails to print out photos on site, PROVIDER will allow all guest to log onto the online gallery and download full resolution digital files for their own use. PROVIDER takes the utmost care with respect to exposure, transportation, and processing the photographs. However, in the unlikely event that CLIENT photographs have been lost, stolen, or destroyed for reasons within or beyond PROVIDER’s control, PROVIDER’s liability is limited to a refund to the CLIENT of the amount paid for services less the value of services provided. 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.
PROVIDER will resume the right to choose backdrop and props as it pleases if CLIENT has not completed the event questionnaire at least one week before the event. PROVIDER will not be responsible for selection or preference of props and backdrops if an event questionnaire has not been filled out or if an event color or theme have not been supplied.
PROVIDER shall not be liable for any delays or non-performance resulting from circumstances or causes beyond reasonable control, including, without limitation, acts or omissions or the failure to cooperate by the CLIENT, acts or omissions or the failure to cooperate by any third party, fire or other casualty, act of God, strike or labor dispute, war or other violence, or any law, order or requirement of any governmental agency or authority.
LIMITATION ON ACTIONS
No action, regardless of form, arising under or relating to this engagement, may be brought by either party more than one year after the cause of action has accrued, except that an action for nonpayment may be brought by a party not later than one year following the date of the last payment due to such party here under.
All time addition must be agreed upon by PROVIDER before the time addition starts. CLIENT must email the time addition agreement to firstname.lastname@example.org. Email must note the number of hours to add on for the said event. All time additions are conditional to the PROVIDER availability.
In the event where client decides to add an hour of service PROVIDER should be paid $450 for additional of Glamour Photo booth.
If any provision of these terms shall be unlawful, void, or for any reason unenforceable under Contract Law, then that provision, or portion thereof, shall be deemed separate from the rest of this contract and shall not affect the validity and enforceability of any remaining provisions or portions thereof.
Unless otherwise noted or requested by CLIENT, PROVIDER reserves the right to observe the PROVIDER’s own dress code. The CLIENT’ guest dress code does not apply to PROVIDER.
PROVIDER will provide at least one operator per event to run the photo booth.
CLIENT is not required to provide meals for 2 hours of service, but if more than 2 is requested to provide a snack, meal, or if unable, will need to inform provider so that the operator can bring their own.
Photographs are corrected for color and contrast and does not include artistic enhancements or touch-ups. All photographs are unmarked and usable for CLIENT’s keepsake. The PROVIDER reserves full editorial rights to the images captured at the event and the photographic medium employed to meet his technical and artistic quality standards. If any product requires additional shipment, the CLIENT will be billed for all USPS charges. Unless a product is contracted before the EVENT, availability and pricing of all products and albums are subject to change without notice.
PROVIDER agrees to archive photos in the website gallery for as long as provider is on business.
Minimum of 2 days and maximum Two weeks after event date. Online proof gallery uploaded for view within two weeks of the event date. Online proof gallery will be available for twelve months after initial release. A USB of high resolution photographs will be mailed within two weeks release of online proof gallery if purchased. Photographs will be delivered in JPG format at 300 DPI and 4x6.
INTERNET CONNECTIVITY FOR SOCIAL MEDIA OPTION
CLIENT is responsible for providing for WIFI connectivity. PROVIDER is not responsible if WIFI is not available or if connectivity cannot be established for any reason.
CLIENT must provide an indoor, dry and safe area free from any rain, inclement or bad weather. PROVIDER will not operate if the conditions are unsafe or wet. Bad weather conditions to be determined by PROVIDER. In the event of bad weather, PROVIDER will not be able to provide services mentioned. In the event of unsafe weather conditions, no refunds shall be made if CLIENT does not have an alternate plan or location for the photo booth once PROVIDER arrives on location. CLIENT must contact PROVIDER at least 4 hours before EVENT start time to cancel services.
In the event that a CLIENT/Guest/Vendor are physically or verbally violent, unreasonable or hard to work with at any time during, before or after the Event, PROVIDER reserves the right to refuse the CLIENT without returning the retainer fee or any monies paid. PROVIDER shall have no further liability with respect to the contract to provide Photo Booth services for the Event.
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Signed by Geoffrey Nolasco on Thu Jun 15 2023 11:12:53 GMT-0400 (Eastern Daylight Time)
IP Address: 188.8.131.52