EVENT AGREEMENT TERMS AND CONDITIONS
The person(s) whose signature(s) appear on this contract, known as “Client,” agree that _Legacy Lens Photo Booth LLC_ (“Company”) will provide photobooth services to the best of its 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, Company agrees to have a photobooth operational for a minimum of 85% during this period; occasionally, operations may need to be interrupted for maintenance of the photobooth. Standard interruption time is 5-10 minutes.
RETAINER AND PAYMENT
A non-refundable retainer in the amount of 50% of total balance is due upon signing of contract. The remaining amount is due three (3) days in advance of Client’s Event. If paying by credit card, Client agrees to have Company charge Client’s credit card for payment of services. Client is liable for any overage in time at the cost of $150/hr., which will be billed in half hour increments. Client agrees that in addition to any and all other legal rights and remedies Company may have, Client will pay a $50 fee for any and all returned checks which Client may write to Company as payment for services.
CHANGES AND CANCELLATIONS
Any request for a date, time, or location change must be made in writing at least thirty (30) 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, deposit shall be forfeited and no photobooth services will be provided. Any cancellation occurring less than thirty 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 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 protect from weather. 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). Company is not responsible for insufficient social media features below the required Internet speed.
ONLINE GALLERY
Upon receiving downloadable link for high-resolution files, Client accepts all responsibility for archiving and protecting the photographs. 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 discs provided. It is Client’s responsibility to make sure that digital files are copied to new media as required.
PRINT OUT DESIGN
Company will design a print out based on material supplied by Client, including logos, fonts, monograms, and ideas. Company will provide a draft and one revision, additional revisions will be billed to Client at ($300) an hour.
Severability
In the event any section, paragraph, sentence, clause, or phrase contained in this Contract shall be determined, declared, or adjudged invalid, illegal, unconstitutional, or otherwise unenforceable, such determination, declaration, or adjudication shall in no manner affect the other sections, paragraphs, sentences, clauses, or phrases of this contract, which shall remain in full force and effect as if the section, paragraph, sentence, clause, or phrase declared, determined, or adjudged invalid, illegal, unconstitutional, or otherwise unenforceable, was not originally contained in this Contract.
General Amendments
This Contract may not be amended, extended, changed, or modified except by a written amendment signed by both of the parties hereto.
Assignment
No party shall have the right, directly or indirectly or by operation of law, to transfer, assign, mortgage, encumber, or otherwise dispose of or hypothecate all or any part of its interest in this Contract without the prior written consent of the other party.
Entire Agreement
This Contract, and any attachments or documents incorporated herein by inclusion or by reference, constitutes the complete and entire Contract between Company and Client and supersedes any prior representations, understandings, communications, commitments, contracts or proposals, oral or written with respect to the subject matter herein.
Delivery of Images
Company shall provide Client with the agreed upon images within seventy-two (72) hours of the Event.
Props Replacement
As a part of its services, Company may provide props for attendees of the Event to use for pictures. Client understands and agrees that Client shall be financially responsible for the replacement of any lost or damaged props during the Event. Client agrees that Client shall inform guests that Client is responsible for the replacement of any lost or damaged props during attendees’ use of said props.
Items to add to Intellectual Property Sections:
1.1 Model Release
Client grants to Company the irrevocable right and permission to take, use, publish, alter, and republish Client likeness in digital photographs or video of Client and/or individuals associated with Client, whether family members, friends, or other wedding guests (collectively “Guests”), or of property owned by Client and/or Guests, in any form or composition, for all reasonable uses related to marketing COMPANY’s business, including, but not limited to, Company’s website, blog, and social media, or to give the photographs to third parties for the purposes of marketing Company’s business. Client hereby irrevocably authorizes Company to edit, alter, copy, exhibit, publish or distribute these photos or videos for any lawful purpose. Company will not sell the photographs for profit to any third party without written consent. Client also waives any right that Client may have to review or approve any published material or the advertising copy in connection with the reasonable uses of the photographs. Additionally, Client waives any right to royalties or other compensation arising or related to the use of Client’s likeness by Company. Client releases, discharges, and agrees to forever hold harmless and defend Company and anyone associated with Company from any and all liability arising in connection with these photographs.
1.2 Minor Model Release
Client grants to Company the irrevocable right and permission to take, use, publish, alter, and republish Client’s minor child’s likeness in photographs of Client’s minor child or children (“Minor(s)”) or in which Minor(s) may be included with others in any form or composition, for all reasonable uses related to marketing Company’s business, including, but not limited to, Company’s website, blog, and social media, or to give the photographs to third parties for the purposes of marketing Company’s business. Client hereby irrevocably authorizes Company to edit, alter, copy, exhibit, publish or distribute these photos or videos for any lawful purpose. Company will not sell the photographs for profit to any third party without written consent. Client also waives any right that Client may have to review or approve any published material or the advertising copy in connection with the reasonable uses of the photographs. Additionally, Client waives any right to royalties or other compensation arising or related to the use of Client’s minor child’s likeness by Company. Client releases, discharges, and agrees to forever hold harmless and defend Company and anyone associated with Company from any and all liability arising in connection with these photographs. Client hereby warrants that Client is a legal competent adult and a parent or that Client has every right to contract for Minor(s) in the above regard. Client states further that Client has read the above authorization, release, and agreement, prior to its execution, and that Client is fully familiar with the contents of it.
1.3 Permissions
Client represents that Client has received all necessary permissions for photography, including all publication rights under this Agreement from each venue and/or location where photography services are provided, and agree to indemnify Company and its associates against any and all fines, liability and claims related to the use of the venues or locations.
1.4 Copyrights
All digital negatives, digital photographs, and prints from the Session(s) are protected by Federal Copyright Law (all rights reserved). Company owns the copyright to all digital negatives, digital photographs, and prints produced, in perpetuity, regardless of who physically possesses them. Client may digitally reproduce or print any of the delivered digital photographs from the Session(s) for personal use, and the personal use of friends and relatives Client shares them with, but may not edit, filter, retouch, or create derivative works using Company digital photographs. Client or anyone else who wishes to publish the photographs in commercial format or for commercial purposes must obtain written permission from Company beforehand.
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 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, LOSES, 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 Company is unable to supply a working photobooth for at least 80% of the Service period, Client shall be refunded a prorated amount based on the amount of service received. If no service is received, Company’s maximum liability will be the return of all payments received from 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 Company’s principle place of business at the time of the execution of this Agreement.
ALL SALES ARE FINAL.
Client understands and agrees that all sales and service fees are final.
