SERVICE RETAINER & PAYMENTS: A Non-Refundable Service Retainer/Deposit of 50% is required with the signing of our service agreement. Capture the Moment Photo Booths shall reserve the date of the event listed on this agreement only, provided that the Client is legally competent to execute this contract, and the entire required retainer/deposit has been fully paid and processed by Capture the Moment Photo Booths. The Service Retainer/Deposit is non-refundable, but is transferable to a new available date. In this case, Capture the Moment Photo Booths requires both parties enter into a new agreement for that date. In regards to corporate purchase releases, the Client executing this agreement represents that they have full authority to bind said corporation or other entity to this agreement and should said representation be erroneous, the signatory making such representation shall be deemed to have signed this contract personally and shall be held liable to the same. The remaining balance is due thirty(30) days prior to the contracted event date. If payment is received after this date, client may be subject to a 10% late penalty fee. If payment is not received 15 days prior to your event the services by Capture the Moment Photo Booths will not be rendered and all payments received will be forfeited, unless other arrangements have been made in advance. Photo booth services will not begin until the all balances are paid in full and any payment for any overage must be paid before additional hours are provided. The Client agrees that in addition to any and all other legal rights and remedies the Provider may have, the Client will pay a $25.00 fee for any and all returned checks.
DATE CHANGES AND CANCELLATIONS: Any request for a date change must be made in writing thirty(30) days in advance of the original event date. Changes are subject to availability of the Photo Booth by the Provider and receipt of a new service contract. A fee of fifty dollars ($50) will be assessed for any date changes within thirty (30) days. If a change is made within thirty (30) days of the original contracted event date and the new date cannot be accommodated, any and all of the retainers/deposits and payments received shall be forfeited. Provider promises to make all reasonable attempts at date changes with advanced notification.
SERVICE PERIOD: Capture the Moment Photo Booths agrees to have the photo booth operational for the time period specified; however, in some situations operations may need to be interrupted for maintenance, service and/or photography optimizations. Capture the Moment Photo Booths agrees to have a qualified technician available and onsite to maintain and operate the photo booth. Should Capture the Moment Photo Booths fail to provide a fully operational photo booth during the agreed upon times, the Provider agrees to extend the service period as necessary to make up for the time lost, if only partial services can be provided due to conditions beyond our reasonable control, then the Provider will apply a prorated refund to the Client. Operation of photo booth times may be adjusted if the venue or Client ends the event prior to the contracted end time, then no refund will be issued. If the Client or venue requires Capture the Moment Photo Booths to complete setup more than one hour before the start time, or to postpone breakdown more than one hour after the end time indicated, then idle time will be charged at the rate of $50.00 per hour. Capture the Moment requires access to venue at least 60 minutes before the event and 30 minutes after the event for setup and breakdown. If the Client would like us to arrive earlier both parties must agree upon the time, & idle time will be charged. The Client agrees to provide Capture the Moment Photo Booths attendants/employees meals, if the Client provides a meal to their guests. Meals should be consistent with guests’ food, a “vendor meal” will be acceptable. Food shall be provided to Capture the Moment Photo Booths at the booth so not to interrupt the Photo Booth and/or events.
SETUP, ACCESS, SPACE & POWER FOR PHOTO BOOTH: Client will arrange for an appropriate space for the photo booth at the venue. The photo booth requires a space of 10′ x 10′. Client is responsible for ensuring power (110V, 10 amps, 3 prong outlet) is available within 25 feet of our designated area. The Client is responsible for providing 2 chairs for the photo booth operators, and will coordinate with the venue to be separated from the DJ and or dance floor if at all possible.
VIRTUAL BACKGROUNDS: Capture the Moment utilizes green screen technology for our background images. The successful use of this feature depends on venue conditions including but not limited to lighting, etc. In the event the photo booth attendant determines the quality of the photos being taken do not meet our high standards, the use of the green screen will be immediately discontinued and a classic white background will be used. This is to ensure the highest quality photo booth experience for our clients and their guests.
OUTDOOR SETUP & INCLEMENT WEATHER: If the photo booth is to be used in an outdoor setting, prior arrangements must be made between the Provider and the Client. It is the Client responsible for ensuring that the photo booth is under protective covering and level ground to provide sufficient protection from the elements. If the Client is unable to provide an overhead shelter or sufficient protection from the elements, Capture the Moment will charge the Client $150.00 for the use of a tent. Capture the Moment reserves the right, in good faith, to cease photo booth operation should the weather pose a potential danger to our personnel, the equipment, or guests. Since safety is paramount in all decisions, Capture the Moment’s compensation will not be affected if operation is ended. The Client assumes all responsibilities for equipment damage suffered from exposure to adverse weather conditions, and shall be charged for replacement/repair to said equipment. In the event that services end early due to inclement weather during an outdoor event Client will not receive a refund in part or in full.
SERVICE DISCONTINUATION: Provider reserves the right to discontinue services at any such time during the event that the photo booth attendant or Provider feels that the integrity or safety of the Provider and/or Providers equipment is compromised. In the event services are discontinued Client will not receive a refund in part or in full unless other arrangements have been made in advance.
DAMAGE TO PROVIDERS EQUIPMENT: The Client acknowledges that it shall be responsible for any damage or loss to the Capture the Moment Photo Booths equipment caused by: a) any misuse of the equipment by the Client or its guests, or b) Any theft or destruction of equipment including but not limited to props, camera, computer and printer. c) If the printer fails to print out photos on site the Provider will be allowed to give a web site to the client where there guests can log onto and order prints free of charge as well as the ability to download the digital files for their own use within one(1) week of the original service date.
LIABILITY AND INDEMNIFICATION: Capture the Moment Photo Booths agrees to carry general liability insurance. Capture the Moment Photo Booths shall not be liable under any contract for direct, indirect, incidental or consequential damages (including without limitation, damages for lost profits or increased expenses) with respect to any claim arising from or related in any way to this agreement and services provided. 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 representatives, employees or affiliates at Client’s event.
MODEL RELEASE: Client hereby grants Capture the Moment Photo Booths 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 agrees to release, discharge and to save harmless Capture the Moment Photo Booths 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.
MISCELLANEOUS TERMS: This agreement is subject to force majeure, strikes, labor disputes, accidents, transportation breakdowns or other causes beyond the control of Capture the Moment, and Capture the Moment shall not be liable for the aforementioned and in addition, any failures of electric supply and/or photo booth equipment or any of the above shall not be construed as a breach of agreement by Capture the Moment. 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 enforceable of any remaining provisions, or portions thereof. This is the entire agreement between Provider and Client relating to the subject matter herein and shall not be modified except in writing, signed by both parties. In the event of a conflict between parties, Client agrees to solve any arguments via arbitration.