Client Agreement
Last Updated: 01/10/2020
In short
You, the inquirer of services, hereinafter referred to as the “CLIENT", are hiring us “GoldBooth LLC”, hereinafter referred to as the “COMPANY", to operate a photo booth at your event for the estimated total price and booking time as outlined in prior correspondence. Partial or full payment binds this agreement. Here are the terms:
SPACE & POWER
The CLIENT will arrange for an appropriate space for the photo booth at the event's venue. CLIENT will provide 1-2 reliable 3-prong power outlets within 50 feet of the setup area.
DATE CHANGES & CANCELLATIONS
Any request for a date change must be made in writing at least thirty 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 agreement shall be terminated and event cancelled. Any cancellation occurring less than thirty days prior to the event date shall forfeit all services already rendered due to the agreed upon exchange.
DAMAGE TO COMPANY'S EQUIPMENT & REFUSAL
CLIENT acknowledges that it shall be responsible for any damage or loss to the COMPANY’s Equipment caused by:
a) Any misuse of the COMPANY’s Equipment by CLIENT or its guests (invited or uninvited) or
b) Any theft or disaster (including but not limited to fire, flood or earthquake).
CLIENT acknowledges COMPANY shall have the right to decline service to CLIENT’S guest (invited or uninvited), for misuse, inappropriate photos, or unruly behavior.
MODEL RELEASE
All guests using the photo booth hereby give to the COMPANY the irrevocable and unrestricted right to use and publish photographs of the CLIENT, guests of the CLIENT, event attendees of the CLIENT or in which the CLIENT may be included, for editorial, trade, advertising, educational and any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same without restriction. The CLIENT releases all claim to profits that may arise from use of images. In addition, the CLIENT hereby releases and discharges the COMPANY, 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. The CLIENT will also assume responsibility for informing event guests and attendees of this model release information.
Please inform the COMPANY if you are strongly opposed and photographs of the CLIENT, guests of the CLIENT, event attendees of the CLIENT or in which the CLIENT may be included will not be used for the purposes highlighted above, unless given consent from the CLIENT, guests of the CLIENT, or event attendees of the CLIENT.
ONLINE PHOTO HOSTING
In order to allow sharing via the accompanying iPad kiosk, photos must be uploaded online. In addition, the COMPANY offers online photo hosting via a Google Drive folder for events at no additional charge, so that the CLIENT, guests of the CLIENT, and/or event attendees of the CLIENT can share and download their photos. The CLIENT is responsible for communicating to event guests and attendees that images from the event will be hosted in a Google Drive folder for viewing, sharing, and download.
GRATUITY
The COMPANY does not charge gratuity but may bring a discreet tip jar to your event. Please inform the COMPANY if you are strongly opposed and the tip jar will not be used.
INDEMNIFICATION
CLIENT agrees to, and understands the following:
a) CLIENT will indemnify COMPANY against any and all liability related to CLIENT’s Event during or after CLIENT’s event. CLIENT will indemnify COMPANY from the time of service and on into the future, against any liability associated with CLIENT.
b) CLIENT will indemnify COMPANY against any and all liability associated with the use of pictures taken at CLIENT’s event.
MISCELLANEOUS TERMS
If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision, or portion thereof, shall be deemed several from the rest of this Agreement and shall not affect the validity and enforceability of any remaining provisions, or portions thereof. This is the entire Agreement between COMPANY and CLIENT relating to the subject matter herein and shall not be modified except in writing, signed by both parties. It supersedes all prior agreements, oral and written, between the parties hereto with respect to the subject matter of this Agreement.
Any agreement to waive one or more provisions of this Agreement or any failure by one or both parties to enforce a provision of this Contract shall not constitute a waiver of any other portion or provision of this Agreement.
In the event of a conflict between parties, CLIENT agrees to solve any arguments via arbitration. In the event COMPANY 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 amount of service received. If the printer fails to print out photos on site, the COMPANY will be allowed to provide online photo hosting where guests can download the digital files for their own use.