Completing the Booking form constitutes agreement to this contract. You are responsible for reading the entire agreement.
The following contract and its terms will set forth an agreement between Eleven Photo Booth (provider) and Event host/client (Client), for photo booth services for their event. This written contract sets forth the full, written intention of both parties and supersedes all other written and/or oral agreements between the parties. Signature on Booking Form/ Contract constitutes agreement to this document.
SERVICE PERIOD AND SERVICE TERMS
The Service Period will be from the times listed on the attached form. 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. Provider agrees to have the Photo booth operational for a minimum of 80% of the paid rental period; occasionally, operations may need to be interrupted for maintenance of the Photo Booth (changing photo paper, adjusting camera, adjusting printer, fixing unexpected lag, or returning to the event to complete such tasks etc). 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 $20 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. No compensation shall be made for idle time or lost time resulting from the client’s express permission for the staff to leave before the service time is over or for guests choosing not to use the photo booth. No compensation shall be made for guests choosing not to use the photo booth. Quality of photos or prints is subjective and not grounds for refunds. All our equipment are industry standard for the purpose of novelty photo booth rental service. Please note that the last photo booth session must end 5 minutes before the service end time. Any additional time requested by host if available must be paid in increments of no less than 30 minutes at $70. Payment must be made before additional time can be allowed. Any additional time provided or which the photo booth is used without payment will be billed to the client based on the time stamp of the photos at $5 per photo session. Photo Booth staff are not allowed to consume alcoholic beverages during service period or take photographs with guests or host. Client acknowledges that any actions of the guests including but not limited to misuse of props by client or client’s guests including children in a manner that causes harm to another person is the sole responsibility of said person. Client acknowledges that any actions of the photo booth staff beyond their assigned job description is the sole responsibility of the staff member. Client agrees that Eleven Photo Booth or its owners shall not be held liable or responsible for any actions of the guests or for any actions of the photo booth staff that is not detailed in their job description. Liability Insurance Policy for the company is available upon request.
For discounted price, full payment is required to reserve event date. Service will not be rendered if full payment is not received prior to event date. We accept most credit and debit cards. Once this signed agreement is received, we will send you an electronic invoice for your contract total. You may choose to pay with a personal check. Please be advised that the check will be deposited within 3 business days of receipt unless otherwise agreed at time of payment. We do not secure your date on our calendar until full payment and signed contract have been received. Booking reserved with 3rd party coupon require purchase of onsite printing and flash drive. Payment for extra time must be completed before 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 invoice or cash at the rate stated above. Client agrees that in addition to any and all other legal rights and remedies Provider may have, Client will pay a $25.00 fee for each returned check. Any parking fees required to allow access to the venue or required for the delivery staff to remain at the event for the duration of the event or setup time must be paid by the client on the same contract invoice. Any payment for parking fees not received may delay the attendant and will be billed to the client after the event.
ACCESS, SPACE & POWER FOR PHOTO BOOTH
Client will arrange for an appropriate space for the Photo Booth at the event venue. The 2-7 person open concept photo booth setup requires a minimum space 7’ deep x 7’ wide x 9’ high. Client is responsible for ensuring power is available for the Photo Booth. (Approximately 120V, 5 amps, 3 prong outlet). The outlet must not be shared with any other appliance. Photo booth setup area should preferably be indoors especially during the day. If outdoors, client should ensure adequate shade from the sun to ensure good lighting of photos. A solid wall is necessary for setup to avoid wind interference. For the Cloud package, Indoor setup or under a covering such as a tent is mandatory. Event may be cancelled and payment forfeited if indoor or covered setup is not available upon delivery. Client must provide a canopy if the area for the photo booth has no shade. Client must provide an indoor setup if rain or inclement weather is forecast. Setup area must be free of potential hazardous materials or items.Client must provide a table for the props. Children must be supervised by an adult at all times to avoid injury. Our open concept photo booth setups are not wheelchair accessible by default. Height adjustment for children or wheelchair must be requested prior to setup. The photo booth once setup must not be moved to avoid potential hazard.
DATE CHANGES, CANCELLATIONS & REFUNDS
Any request for a date change must be made at least 30 days in advance of the original event date. Change is subject to photo booth availability. If there is no availability for the alternate date the deposit/payment shall be refunded less cancellation fee as outlined and event date cancelled. Any requests for refund must be made in writing via email for proper processing. Cancellation for refund of deposit/payment will apply as follows based on calendar days. A minimum non-refundable cancellation fee of $80 will apply to all cancellation requests up to 30 days before the event date. Any requests made after or less than 30 days before the event except where the event was booked 30 days or less before the event date ($80 fee will apply) shall be subject to $100 fee. Booking cancelled one week or less before the event date are subject to $160 cancellation fee except where the event was booked within the week before the event ($80 fee will apply). At the sole discretion of Eleven Photo Booth, event rental may be cancelled and prior payments refunded less $80 if payment is not made in full prior to event date. A full refund will only be provided in the event that services cannot be rendered at all due to unforeseen circumstances on our part. Notification of such cancellation will be made as soon as possible and once refunded, Eleven Photo Booth shall no longer be indebted to the client. Chargeback requests made without first requesting a refund shall be handled in small claims court on a case by case basis. Cancellations made by client or due to insufficient or incorrect space after the staff has arrived at the venue will not be refunded. Refunds may take up to 14 days to be processed. Events booked using a coupon or deal are subject to the above cancellation fees which must be paid to Eleven Photo Booth before the refund can be honored through the coupon site. Payment can be changed into credits in place of refund and used for another event. Price changes for future booking using credit will require additional payment to complete the booking. Refund of any upgrade or add-on is subject to $10 cancellation fee per item minimum. Gift Certificates cannot be exchanged with cash and are subject to cancellation fees above. Any requests for refund must be made in writing via email for proper processing.
DAMAGE TO PROVIDER’S EQUIPMENT
Client acknowledges that in the absence of damage waiver payment, client shall be financially liable for any accidental damage to the Provider’s Equipment. Client is responsible for loss or damage to 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 rain, fire or flood but excluding acts of God). Optional Damage Waiver covers only proven accidental damage. Damage waiver does not cover any damage caused by client requesting the booth to be setup outside without a covering. Waiver does not cover loss, theft, or vandalism. See payment and coverage information below. $50 fee may be billed to client if the photo booth setup was moved by client or guests during the event.
Client agrees to, and understands the following:
a) Client will indemnify provider and its associates against any and all liability related to Client’s and client’s guests’ use or misuse of the photo booth and props during or after Client’s event including events arising from use of the photo booth by children.
b) Client will indemnify Provider and its vendors against any and all liability associated with the use of pictures taken within the
Photo Booth, or by its representatives, employees or affiliates at Client’s event.
c) Client will indemnify Provider from the time of service and on into the future, against any liability associated with said use.
Client agrees to, and understands the following: Eleven Photo Booth owns the copyright and reserve the right use, photographic portraits or pictures of any photo booth user who may be included intact or in part, for any and all media now or hereafter known for illustration, art, promotion, advertising, trade, or any other purpose. Eleven Photo Booth and its providers are released, discharged and will be held harmless 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. Photos may not be used by client or affiliates for any purpose other than personal use without express permission of Eleven Photo Booth. We respect your privacy so please let us know if you would like your photos to be kept private and not used.
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 disputes via arbitration or small claims court. In the event 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 Service Period Clause of this contract. If the printer fails to print out photos on site the Provider will be allowed to provide prints at a later time free of charge with free shipping as well as the ability for guests to download the digital files for their own use. By signing this agreement client agrees to be bound by the terms of the agreement. Sending this agreement to the client constitutes provider’s agreement with its terms.