Photo Booth Service Agreement

Funny Face Photo Booth Service Contract

SERVICE PERIOD: A representative of Funny Face Photo Booth LLC will arrive at least 1 hour before the service period begins for setup.  If the client would like us to arrive earlier the time must be agreed upon by both parties.  Provider agrees to have Funny Face Photo Booth operational for a minimum of 80% during this period; occasionally, operations may need to be interrupted for maintenance of photo booth (changing photo paper, adjusting the camera, adjusting printer, etc).  In the event of prolonged maintenance of the photo booth, the provider shall not extend the service period to make up for the time lost or to apply a prorated refund to the client.  Unlimited photos only apply during the time Funny Face Photo Booth is present at your event.

PAYMENT:  A non-refundable deposit in the amount of 50% (half) of your package price is due upon agreeing to the terms of service.  The remaining amount is due 14 days prior to the Client’s Event.  We do not secure your date on our calendar until the deposit is received.

ACCESS, SPACE & POWER FOR PHOTO BOOTH:  The client will arrange for an appropriate space for the photo booth venue.  The photo booth requires a space of 10’x10’x8′.  The client is responsible for providing power for the photo booth (110V, 10amps, 3 prong outlet).  The client agrees to provide ample space and a table for Provider’s props and/or scrapbook and supplies.  The client shall be responsible for providing a Pavilion or tent for outdoor events.

DATE CHANGES & CANCELLATIONS:  Any request for a date change must be made in writing thirty (30) days in advance of the original event date.  Change is subject to photo booth availability and receipt of a new Service Contract.  If there is no availability for the alternate date, the deposit shall be forfeited and the event canceled.  Any cancellation occurring less than thirty days prior to the event date shall forfeit all payments received.

FORCE MAJURE:  In the event, Funny Face Photo Booth is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, fires, earthquakes, landslide, flood, hurricane, cyclone, tornado, or other catastrophic natural disasters; epidemic, pandemic, or plague, including coronavirus (which includes any local, state, national, global restrictions, lockdowns, or mandates from local, state, nation, government, or health officials); fire, explosion or radioactive or chemical contamination; and war, hostilities, belligerence, blockade, the act of terrorism, sabotage, civil commotion, civil disturbances, riot, revolution, or insurrection [or any other event or circumstance], equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control.  Funny Face Photo Booth shall not be liable for any damages resulting from such failure to perform or otherwise from such causes.

COVID-19:  Funny Face Photo Booth shall abide by any local, state, or national guidelines, restrictions, or mandates regarding Covid-19.  Funny Face Photo Booth shall not be held liable for any outbreaks that may occur as a result of the Client’s event.  Funny Face Photo Booth may terminate service, at its own discretion, in the event of recklessness or noncompliance with the Covid-19 protocols, guidelines, restrictions, or mandates.  In the event of a termination due to noncompliance or recklessness, all payments shall be nonrefundable and any balance due shall be payable immediately.

TERMINATION: Funny Face Photo Booth reserves the right to discontinue services at any such time during the event that the photo booth attendant(s) or Provider feels that the integrity or safety of the Provider and/or Providers equipment is compromised.  In the event, services are terminated Client will not receive a refund, and any past due amounts shall be paid immediately.

DAMAGE TO PROVIDER’S EQUIPMENT:  Client is 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 destruction of equipment including by not limited to props, camera, computer, and printer. Photobooth props are not to be used by your guest for selfies or taken away from the photobooth. Drinks are prohibited from being near the photo booth or props at all times.  We may at our sole discretion deem such acts as damage to our property and charge according to damages done. All damages charges do immediately upon the Client being informed of damages.

All guests under the age of 18 must be accompanied by an adult.

Any props removed from the photo booth table shall be charged to the client.

INDEMNIFICATION:  The client agrees to, and understands the following:

  1.  The client will indemnify the Provider against any and all liability related to the Client’s Event during or after the Client’s event.  The client will indemnify the Provider from the time of service and on into the future, against any liability associated with the Client and/or the Client’s event.
  2. The client will indemnify the Provider against any and all liability associated with the use of pictures taken within the Photo Booth by its representatives, employees, or affiliates at the Client’s event.

APPEARANCE RELEASE: The client hereby grants Funny Face Photo Booth LLC. its parent company(s). and affiliates the unrestricted right and permission to copyright and use, photographic portraits, pictures, and/or videos of any photo booth user who may be Included Intact or In part, made through any an all media or hereafter known for illustration, art, promotion, advertising, trade, or any other purpose without any
expectation of payment now or in the future. In addition, Client hereby agrees to release, discharge and to save harmless Funny Face Photo Booth LLC 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.

ADDITIONAL TERMS:  Client (hereinafter referred to as”You” or ·credit Card Holder or “Client. Seller. Funny Face Photo Booth a subsidiary of ExStreamabillty LLC. (hereinafter referred to as, “our, us or we“).

ELECTRONIC CONSENT:  In lieu of this electronic “Terms & Conditions·. you have a right to request a paper copy of these “Terms &Conditions” before signing up. If you want a paper copy, please email one of our sales representatives at funnyfacephotobooth.org and we will send you a paper copy via email. By using this website, filling out a booking for, quote request, or clicking I agree to terms of services or terms of conditions you give us consent to email you.

These are the terms and conditions for services provided by Funny face Photo booth and apply to all contracts and all work undertaken by Funny face Photo booth for Its clients.

OUR FEES AND DEPOSITS:  Unless agreed upon otherwise in writing full payment of the total fee payable under our proposal Is due immediately upon your instructing us to proceed With the work.  We reserve the right not to commence any work until the fees have been paid In full. All prices listed are In u.s Dollars. If you ask for a service outside the scope of our service agreement upon the time of our arrival or the commencement of the work/project you will be charged accordingly, and fees are due at the time of the request. If you did not purchase photos as a part of your package. please do not expect them to be free.

REFUND POLICY:  We work sincerely & dedicatedly to satisfy you.  If you are still not pleased with our work our refund policy works as below:

Refund not applicable on domain registration fees.

Refund is not applicable for express service clients.

Refund is not applicable for any delays out of our control.

Refund not applicable works completed.

Refund not applicable on web hosting fees.

Refund is not applicable once work has been agreed upon.

Refund is not applicable once work has commenced.

Refund is not applicable for deposits.

Refund not applicable for any Pandemic (Covid-19) or Natural Disaster events.

 

CLIENT SUPPLY OF MATERIALS:  You must supply all materials and information required by us to complete the work In accordance with any agreed specification. Such materials may include but are not limited to, photographs. written copy. logos. and other printed material. Where there Is any delay In supplying these materials to us which leads to a delay In the completion of work. we reserve the sole right to extend any previously agreed deadlines and fees by a reasonable amount. Where you fall to supply materials, and that prevents the progress of the work. we have the right to stop work and invoice you for any balance on the contract.

The client agrees that photo booth attendants, photographers, and videographers shall be allowed to eat with other guests if food is served at their event as a condition of providing service.

VARIATIONS:  Unless otherwise agreed upon in writing, no alterations shall be made to any product provided by Funny face Photobooth on behalf of the Client In connection with the agreed-upon work/project. For the avoidance of doubt variations, · shall mean. but Is not limited to additions. resizing, color changes unauthorized edits, etc.

PROJECT DELAYS AND CLIENT LIABILITY:  Any time frames or estimates that we give are contingent upon your full cooperation along with complete and final content for the work/project. During development, there IS a certain amount of feedback required In order to progress to subsequent phases. It Is required that a single point of contact be appointed from your side and be made available in order to expedite the feedback process. We will not be responsible if the project remains largely unfinished or if it’s delayed due to your own inaction, or by not approving changes on time.  After the initial approval period, if the project is still unfinished the client will be billed for any further change request.

APPROVAL OF WORK: (DOES NOT APPLY TO PHOTO BOOTH SERVICES) 

On completion of the work, you will be notified and have the opportunity to review it. You must notify us In writing of any unsatisfactory points within 3 days of such notification. Any of the work which has not been reported In writing to us as unsatisfactory within the 3-day review period. shall be deemed approved. Once approved, or deemed approved, work cannot subsequently be rejected, and the contract will be deemed completed and the balance of the project will become due.

*Turnaround time (for video services) shall mean after the completion of the production phase and the commencement of postproduction.

The client further agrees that they will not disparage Funny face Photo Photobooth or post any negative comments, reviews, feedback, complaints, Insults, or other counter-productive content about Photographer or services provided in any online forum, chat room, or message board, including but not limited to Facebook, Twitter, and Instagram, or any other social media platforms.

PAYMENT:

We will never automatically charge your card. We reserve the right to remove any from viewing on the Internet until final payment Is made. You unconditionally and personally guarantee the payments. In case of collection proves necessary. you agree to pay all fees(Including all attorney fees and court costs) incurred by that process. All setup fees. monthly. semi-annual and yearly fees are non-refundable. Third-party application fees are also non-refundable.

COPYRIGHTS & TRADEMARKS

You must obtain all necessary permissions and authorities In respect of the use of all copies. graphic Images. registered company logos. names. and trademarks. or any other material that you supply to us to include in the work/project. You must indemnify us and hold us harmless from any claims or legal actions related to the content of your project should you disregard this term and use the content you do not own the rights to.

CREATIVE LICENSE, COVERAGE, AND REPRODUCTION

1. Photographs taken during the course of the event will be at the discretion of the photographer although every effort will be made to comply with the client’s requirements.

  1.  Special requests are not binding instruction, although every effort Is made to comply with the client’s wishes. The Photographers will do their best to honor the requested photographs but do not undertake to guarantee any specific picture nor incorporate any specific background, location, or group arrangements due to changes in weather and the availability and willingness of subjects.

Ill. For a booking involving a church ceremony or at certain venues. the photographer’s movements are sometimes restricted by the officials in charge. The area from which the photographer is able to cover the ceremony may not be the photographer’s choice and the photographer cannot accept responsibility for any obstructed view should this be the case.

Due to a variety of lighting conditions and the limitations of digital sensors, some colors may alter throughout a set of photographs.

Although all equipment Is checked regularly and reasonable steps are taken to ensure backup equipment Is available, the photographer will not be responsible for photographs that are not produced due to technical failure.

DIGITAL NEGATIVE FILES:  All digital negatives (computer files: raw files) remain the property of Funny face Photobooth or its photographer/Videographer.

OWNERSHIP:  Unless otherwise in writing, Funny face Photo booth shall maintain ownership of all raw photos, images, coding, metadata, concepts, ideas, or any other materials produced by Funny face Photobooth on behalf of the client and shall grant the client an agreed-upon license and/its copyrights “Approved work/Project or “Finished Product once all fees have been paid. Clients shall have the right to air, post, and distribute the •finished product” on their website and social media platforms In perpetuity but shall request rights to any other form of media distribution unless they have purchased proper rights.

Clients must obtain written permission from Funny face Photobooth before making any changes to “Finished Products· and failure to do so shall be deemed copyright infringement and shall be treated as such.

For the avoidance of doubt, the term”Finished Product shall mean the completed, approved work/project ie: 15 to 45-second videos delivered to the Client. USB drive with photos from your photo booth session or a photo book with photos from your photo booth session. 

CONSEQUENTIAL LOSS: We shall not be liable for any loss or damage which you may suffer which Is In any way attributable to any delay In performance or completion of our contract, however that delay arises.

ASSIGNMENT:  We reserve the right to subcontract any services that we have agreed to perform for you as we see fit.

NON-DISCLOSURE:  We(and any subcontractors we engage) agree that we will not at any time disclose any of your Confidential Information to any third party.

ADDITIONAL EXPENSES:  You agree to reimburse us for any requested expenses which do not form part of our contracted proposal including but not limited to additional pages, purchase of third-party software, stock photographs, videos, additional testimonials, revisions outside the scope of the agreement, fonts, domain name registration, web hosting, SEO or advertising services or any other comparable expenses. Basically, anything outside the scope of our written agreement. These extra add-ons have to be paid immediately upon your request.

BACKUPS:  You are responsible for maintaining your own backups with respect to your “Finished Product and we will not be liable for restoring any client data or client files except to the extent that such data loss arises out of a negligent act or omission by us. We can backup and store your files at an additional cost to be paid upon request.

RIGHT OF REFUSAL:  Funny face Photobooth reserves the right to refuse or terminate service to anyone for any reason not prohibited by law. Also, we have the right to be free from acts or threats of disruptive behavior, abusive and/or offensive language, Including Intimidation. harassment. and/or coercion. which involve or affect our operation.

Abusive communications in any form (email. phone, in person. etc.) are strictly not tolerated. No refund would be provided in case of abusive communications.

GOVERNING LAW:  Regardless of the place of signing of this agreement. you agree that for purposes of venue. This agreement was entered Into In the State of Michigan, United States. Any dispute will be litigated or arbitrated in the State of Michigan, and you hereby consent to the personal jurisdiction of the Bay County, Michigan Courts.

NO GUARANTEES:  Services are provided on an as-is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, or non-infringement.  Funny face Photo booth expressly disclaims any representation or warranty that our services will be errorfree, secure, or uninterrupted. No oral advice or written information given by Funny face Photobooth, its employees, licensors of the like, will create a warranty; nor may you rely on any such information or advice. The terms of this section will survive any termination of this Agreement.

USE OF SERVICE:  Funny face Photobooth reserves the right at all times to prohibit activities that damage its commercial reputation and goodwill.

DELIVERY:  The photographer will endeavor to deliver digital negative files as quickly as possible. However, this could take up to 4-6 weeks during busy periods. (Applies on to Photo and Video Services)

By clicking the submit button, I hereby agree to and accept the following terms and conditions governing my use of the Funny face Photobooth and its services.

 

 

 

 

 

 

 

 

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