The person(s) whose signature(s) appear on this contract, known as “Client,” agree that Party and Boothissh, LLC  (“Company”) will provide photobooth services to the best of their abilities in the manner described in this Agreement. This is a binding contract, which incorporates the entire understanding of the parties, and any modifications must be in writing, signed by both parties, and physically attached to the original agreement.

SERVICE PERIOD

Pursuant to the responsibilities of the Client, the Company agrees to have a photobooth operational for a minimum of 80% during this period; occasionally, operations may need to be interrupted for maintenance of the photobooth.

RETAINER AND PAYMENT

50% of the total amount is due upon signing of contract. The remaining balance amount is due 14 days in advance of the Client’s Event, if the remaining balance is not paid in full by then the client agrees for the company to charge the remaining balance to the Credit Card manually with a 6% fee. Client is liable for any overage in time at the cost of $150/hr., which will be billed in hour increments.

CHANGES AND CANCELLATIONS

Any request for a date, time, or location change must be made in writing at least (14) days in advance of the original event date. Change is subject to photobooth availability and receipt of a new Service Contract. If there is no availability for the alternate date, time, or location, 25% of your deposit shall be forfeited and no photobooth services will be provided. Any cancellation occurring less than 14 days prior to the event date shall forfeit all payments received.

PARKING

Client shall provide parking for Company’s vehicle while at Client’s Event. The parking space shall be within close proximity to the venue, and the Client shall provide any necessary parking permit or pass prior to the event date.

PHOTOBOOTH ACCESS, SPACE AND POWER

Client shall arrange for an appropriate space for the photobooth at Client’s venue.

Space must be level, solid, and at least 6’ by 9’. It is the Client’s responsibility to ensure access is possible. Photobooth may be placed in an exterior location, provided it is protected from weather. The client is responsible for providing power to the photobooth (110V, 10 amps, 3 prong outlet).

WIFI ACCESS

Company social media package requires Client to provide or guarantee a venue Internet connection of at least (1MB). The company is not responsible for insufficient social media features below the required Internet speed.

ONLINE GALLERY

Upon receiving the downloadable link for high-resolution files, the Client accepts all responsibility for archiving and protecting the photographs. The company is not responsible for the lifespan of any digital media provided for any future changes in digital technology or media readers that might result in an inability to read the discs provided. It is the Client’s responsibility to make sure that digital files are copied to new media as required.

MODEL RELEASE

Company reserves the right to use images produced with its photobooth under this Agreement to transfer to a third-party, host, store, cache, reproduce, publish, display (publicly or otherwise), perform (publicly or otherwise), distribute, transmit, modify, adapt, and create derivative works, and to reproduce the same images, in each case for the purpose of promoting the Company, its services, and other good-faith business purposes. CLIENT WARRANTS THAT IT HAS ACTUAL AUTHORITY TO AGREE TO THE USE OF THE LIKENESS OF ALL PERSONS INCLUDED IN THE IMAGES IN THIS MANNER AND SHALL INDEMNIFY THE COMPANY IN ACCORDANCE WITH THE INDEMNIFICATION CLAUSE PROVIDED IN THIS AGREEMENT BELOW.

LIMITATION OF LIABILITY; WAIVER

UNDER NO CIRCUMSTANCES, EXCEPT AS OTHERWISE STATED IN THIS AGREEMENT, WILL THE COMPANY, ITS PARENT COMPANY, NOR ANY OF THEIR EMPLOYEES, MANAGERS, OFFICERS OR AGENTS BE LIABLE TO THE CLIENT FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE PHOTOBOOTH SERVICE; (B) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS, INCLUDING WITHOUT LIMITATION, ANY INTELLECTUAL PROPERTY RIGHT, PUBLICITY, CONFIDENTIALITY, PROPERTY OR PRIVACY RIGHT; (C) ANY ERRORS OR OMISSIONS IN THE SERVICE’S OPERATION; OR (D) ANY DAMAGE TO ANY USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY. IN NO EVENT WILL THE COMPANY BE LIABLE TO THE CLIENT OR ANYONE ELSE FOR LOSS, DAMAGE, OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY.  SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO CLIENT.

CLIENT AGREES TO DEFEND (AT COMPANY’S REQUEST), INDEMNIFY, AND HOLD THE COMPANY, ITS PARENT COMPANY, EMPLOYEES, MANAGERS, OFFICERS, AND AGENTS HARMLESS FROM AND AGAINST ANY CLAIMS, LIABILITY, DAMAGES, LOSSES, AND EXPENSES, INCLUDING WITHOUT LIMITATION, REASONABLE ATTORNEY’S FEES AND COSTS, ARISING OUT OF OR IN ANYWAY CONNECTED WITH ANY OF THE LIABILITY STATED ABOVE, INCLUDING BUT NOT LIMITED TO ANY ACTION TAKEN IN CONNECTION WITH THE MODEL RELEASE PROVIDED IN THIS AGREEMENT, COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS, INCLUDING WITHOUT LIMITATION, ANY INTELLECTUAL PROPERTY RIGHT, PUBLICITY, CONFIDENTIALITY, PROPERTY OR PRIVACY RIGHT.

MISCELLANEOUS TERMS

In the event the Company is unable to supply a working photobooth for at least 80% of the Service period, the Client shall be refunded a prorated amount based on the amount of service received. If no service is received, the Company’s maximum liability will be the return of all payments received from the Client. Prior to any party commencing an action, each party shall meet in a good-faith attempt to resolve their differences. Should both parties be unable to resolve their dispute, both parties agree to submit their dispute to a neutral mediator. Both parties agree to the jurisdiction, venue, and choice of law of the Company’s principal place of business at the time of the execution of this Agreement.

ALL SALES ARE FINAL.

The client understands and agrees that all sales and service fees are final.