LEEgacy 360
The following contract and its terms will set forth an agreement between LeeGacy 360 Photo Booth (Provider) and _______________ (Client) the parties, for photo booth services for an event taking place at __________________________. This written contract sets forth the full, written intention of both parties and supersedes all other written and/or oral agreements between the parties.
SERVICE PERIOD
The Service Period will be from the times and date listed on the attached form. Provider agrees to have a LeeGacy 360 Photo Booth operational for a minimum of 85% during this period; occasionally, operations may need to be interrupted for maintenance of the Photo Booth (including but not limited adjusting camera, lighting, changing battery, etc., when applicable) to achieve a quality product.
We will arrive approximately 30 minutes before the service period. If for any unforeseen reason we are unable to arrive until your event begins or need to arrive early, we will notify you as soon as we know. If for any reason on our part (including but not limited to equipment malfunction), we are unable to start your event at the agreed upon time or continue your event, we will compensate you for any lost service time first by providing additional time up to 30 minutes if your venue permits or if your venue does not permit, a prorated refund not exceeding $100 for each hour lost. No compensation shall be made for delay caused by client once the staff has arrived at the event location noted on the contract whether due to incorrect address, insufficient power, unclear instructions or otherwise. Please note that the last 360 video booth session must end 5 minutes before the service end time. Any additional time requested by client if available must be paid in increments of no less than 30 minutes at $75. Payment must be made before additional time can be allowed.
PAYMENT
A non-refundable reservation fee in the amount of 50% of the total cost is due upon signing of this contract. The reservation fee shall be applied towards the total cost. The remaining amount is due 2 weeks in advance of Client's Event. We accept most credit, debit cards, zelle, cash app and organization check from not-for-profit organizations only. Once this signed agreement is received, we will send you an electronic invoice for your contract total. We do not secure your date on our calendar until deposit and signed contract have been received.
Payment for any overage or extra time must be completed before additional time can be provided at your event. We may not be able to provide extra hours if not previously arranged. Extra hours provided without being scheduled must be paid in full via electronic payment or cash at the rate shown above.
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PHOTO BOOTH RENTAL SERVICE CONTRACT
Client agrees that in addition to any and all other legal rights and remedies Provider may have, Client will pay a $50.00 fee for any and all returned checks which Client may write to Provider as payment for any service by Provider or rental of Provider's equipment.
No items/ services shall be agreed to outside of the Client Invoice whether written, oral or applied. The Provider will be under no duty to perform its obligations under this Agreement until such time as Client has paid the reservation fee in full. Making payment upon this contract and invoice solidifies this agreement.
ACCESS, SPACE & POWER FOR PHOTO BOOTH
Client will arrange for access to the event space and will supply any necessary tickets, badges or other items needed for entry to the Provider's representative at the Client's expense.
Client will arrange for an appropriate space for the Photo Booth at the event’s venue. The photo booth requires a space 10’ deep x 8’ wide x 8’ high on a flat surface. The Photo Booth is an automatic booth with battery operated power. But in case of battery failure, client is responsible for ensuring power is available for the Photo Booth. (110V, 5 amps, 3 prong outlets on a dedicated circuit). If the Photo Booth is to be placed outdoors, Client agrees to provide complete overhead coverage for the photo booth and backdrop for the entire duration of the event. The photo booth once setup must not be moved to avoid potential hazard.
INTERNET ACCESS
When applicable, the Provider's Photo booth requires reliable access to a cellular data network's Internet connection when sending image files instantly. In the event that the Internet is not available, SMS and Email will queue all submissions and be sent once Internet becomes available.
Client understands that the Provider is not responsible for Internet Reliability and cannot guarantee that reliable Data Signals will be available in all locations. If no coverage becomes available at the event location, the Provider will send all digital copies to the Client and guests within seven days of the rental conclusion.
DATE CHANGES
If subsequent to this Agreement, the Client changes the date of the service, The Provider will make best efforts to accommodate the Client and provide services on the changed date. Any request for a date change must be made in writing at least 15 days in advance of the original event date. If the Provider is not available on the new event date, the Provider shall be entitled to keep the non-refundable reservation fee and neither party shall have any further liability or obligation under this Agreement. If Client reschedules the event, and the new date is in the following calendar year, any new pricing in effect at that time shall apply and will be included in the Client invoice. Change is subject to photo booth availability and a new Service Contract.
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PHOTO BOOTH RENTAL SERVICE CONTRACT CANCELLATIONS
If there is no availability for the alternate date, the non- refundable reservation fee shall be forfeited and event cancelled. If event is cancelled for any reason by the Client, the non- refundable reservation fee is forfeited.
FORCE MAJEURE
Neither the Provider nor Client shall be held responsible or liable if the fulfillment of any terms or provisions of this Agreement are delayed or prevented by revolutions or other disorders, wars, acts of enemies, fires, floods, acts of God, or without limiting the foregoing by any other cause not within the control of the party whose performance is interfered with, and which by the exercise of reasonable diligence, the party is unable to prevent, whether of the class of causes enumerated before or not. In the event the events contemplated by this paragraph occur, the Provider shall be entitled to retain the non-refundable reservation fee for value received.
DAMAGE TO PROVIDER'S EQUIPMENT
Client acknowledges that it shall be responsible for any damage or loss to the Provider's Equipment caused by: a) Any misuse of the Provider's Equipment by Client or its guests, or b) Any theft or disaster (including but not limited to fire, flood or earthquake).
The client further acknowledges the provider shall have the express right to decline services to client’s guests either invited or uninvited, for misuse, inappropriate photos and or unruly behavior.
RIGHT TO SAFE WORK ENVIRONMENT
Client will be responsible for and shall ensure that Provider's employees, representatives, agents or contractors are provided a safe work environment free from hazards, attacks, threats of violence or any harassment sexual, racial or otherwise in nature. In the case the Provider or representative feels unsafe, the Provider may take possession of the equipment as provided by law, deduct the costs of recovery (including attorney fees and legal costs), repair, and related costs, and hold the Client responsible for any deficiency. No refunds will be made in whole or in part and all monies paid will be retained for value received. The rights and remedies of the Provider provided by law and this Agreement shall be cumulative in nature.
INDEMNIFICATION
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,
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PHOTO BOOTH RENTAL SERVICE CONTRACT
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 LeeGacy 360 Photo Booth its representatives, employees or affiliates at Client's event.
d) Client agrees that Provider shall not under any circumstances be liable for any claims for emotional distress, mental anguish, punitive damages, injuries, consequential damages, lost profits, loss of enjoyment, lost revenues and/ or replacement costs.
e) Client agrees to indemnify, defend and hold harmless Provider, its employees and agents for any injury, disability, death, property damage, liability, claim or other cause of action arising out of or related to Provider's events or caused by the operating, handling, or transporting the equipment during the term of this Lease, including but not limited to, damages caused by the actions of the Provider or other third parties at the Event and the online posting of images from the Event.
f) Client acknowledges and agrees that these limitations and requirements reflect a fair allocation of risk and that the Provider would not enter into this Agreement without these specific limitations on its liability and indemnification requirements.
MODEL RELEASE OPTION
As a provider, we understand that some of our clients wish their photos to remain private. In that effect, please choose YES or NO to our model release agreement below.
☐ YES I AGREE to the model release below or ☐NO I DO NOT AGREE
Client agrees to, and understands the following: All guests using the photo booth hereby give to LeeGacy 360 Photo Booth 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 I, hereby release, discharge and agree to save harmless LeeGacy 360 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
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. 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. In the event Provider is unable to supply a working photo booth for at least 85% of the Service Period, Client shall be refunded a prorated amount based on the amount of service received. If for reasons
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PHOTO BOOTH RENTAL SERVICE CONTRACT
beyond our control the Provider becomes sick or cannot perform we will ship the booth with instructions directly to the client so they can set it up at their event and double the rental time period free of charge. If no service is received, Provider's maximum liability will be the return of all payments received from Client. Provider is not responsible for any consequential damages or lost opportunities upon breach of this agreement.
