This Photo Booth Event Contract (hereafter “Agreement") is made and entered into on the date of the booking submission by Cheers To You Photo Booth (“Cheers To You Photo Booth”) and Client (hereafter “Client”) for a photo booth rental on the following date(s) booked on the Cheers To You Photo Booth website.
Description of services:
Cheers To You Photo Booth, in exchange for receipt of the Service Fee described below, will provide the following services and products to Client: Photo Booth Rental
The Photo Booth Rental Fee shall be based upon the package chosen. The Photo Booth Rental Fee encompasses only those items included in the Description of Services section.
A retainer of 50% is due upon execution of this Agreement. The retainer will be applied towards the Service Fee and is non-refundable except under the circumstances set forth below in the Limitations of Liability section.
Client must pay the remaining balance no later than 30 days before the event date. Late payment may result in a late fee of $150 per month. Please note, Cheers To You Photo Booth is under no duty to perform its obligations under this Agreement until Client has paid the Service Fee in full.
Regional Travel Fee:
If the event location is within 35 miles of Cheers To You Photo Booth offices there is no travel fee. If the event location is greater than 35 miles from Cheers To You Photo Booth offices, client will pay a travel fee.
Long Distance Travel Fee:
Client is responsible for the following additional expenses, as applicable: airline, hotel, car rental and expenses, and $50.00 per diem, per employee. Client agrees to pay these charges within 10 days of Client’s receipt of Cheers To You Photo Booth invoice for travel expenses.
Reservation, changes, and cancellation of the event date:
Reservation of Event Date:
Cheers To You Photo Booth reserves the time and date for Client’s event only after Client signs this Agreement and pays the retainer.
Change in Event Date:
If Client changes the date of the event, Cheers To You Photo Booth will make best efforts to accommodate Client and provide its services on the changed date. If Cheers To You Photo Booth is not available on the new event date, Cheers To You Photo Booth shall be entitled to keep the retainer and neither party shall have any further liability or obligation under this Agreement. If Client reschedules the event and the new event date is more than six months in the future, the Service Fee will be adjusted to reflect changes in pricing, if any.
Cancellation of Event:
If Client cancels the event date, Client will immediately notify Cheers To You Photo Booth in writing (email suffices). If Client cancels the event less than six months prior to the reserved event date and has not yet paid the entire Service Fee, Client will immediately pay Cheers To You Photo Booth the remaining balance of the Service Fee as well as any travel expenses. Cancellations more than 6 months prior to the event will result in Cheers To You Photo Booth being entitled to keep the retainer and neither party shall have any further liability or obligation under this Agreement.
Limitations of Liability:
Entire Liability and Uniqueness of the Event:
Cheers To You Photo Booth’s entire liability to Client for any claim for damages, reimbursement or loss suffered, relating to or in any way arising out of Cheers To You Photo Booth’s performance, is limited to a refund of the Service Fee. Due to the uniqueness of each event, Cheers To You Photo Booth cannot guarantee delivery of any specifically requested product(s) and Client further recognizes and agrees that an entire event cannot be replicated, reenacted or repeated for the purpose of a re-shoot and that Cheers To You Photo Booth has no obligation under this Agreement to do so.
Attendant’s Illness or Injury/acts of God:
If, for whatever reason including injury, illness, acts of God, Cheers To You Photo Booth’s attendant is unable to attend the event, Cheers To You Photo Booth will make best efforts to find a substitute attendant for the event. If a substitute attendant cannot be found, Cheers To You Photo Booth will promptly reimburse Client any and all Service Fee amounts Client previously paid to Cheers To You Photo Booth, and neither party will have any further obligations or additional liability under this Agreement.
Each party agrees to indemnify and hold the other harmless from all claims, demands, actions or damage of every kind and description, including reasonable attorney fees and all other costs and expenses necessarily incurred, which may accrue to, or be suffered by such party as a result of a third party’s act and/or omission and not as a result of such party’s act and/or omission, including but not limited to the following occurrences: photographic materials being damaged in processing, loss of photographic materials due to camera malfunction, loss of photographic materials in the mail, and photographic materials being stolen while outside the control of Cheers To You Photo Booth.
Neither Cheers To You Photo Booth nor Client shall be held responsible or liable if the fulfillment of any terms or provisions of this Agreement are delayed or prevented by revolutions or other disorders, wars, acts of enemies, fires, floods, acts of God, or without limiting the foregoing by any other cause not within the control of the party whose performance is interfered with, and which by the exercise of reasonable diligence, the party is unable to prevent, whether of the class of causes enumerated before or not. In the event the events contemplated by this paragraph occur, Cheers To You Photo Booth shall be entitled to retain any and all retainer amounts previously paid by Client.
Client shall be obligated to obtain any and all necessary authorization from the property owner/representative of any location(s) where Cheers To You Photo Booth will be providing its services under this Agreement. The Client is responsible for confirming that the event venue or location allows photo booth services. If the event venue or location will not allow photo booth services, Client will promptly receive a partial refund equal any part of the Service Fee which has already been paid minus the retainer and Client will pay any non-refundable travel expenses already incurred by Cheers To You Photo Booth.
Inappropriate Behavior by Guests:
If at any point during the event Cheers To You Photo Booth attendant feels unsafe or is sexually harassed by an event guest or guests then Cheers To You Photo Booth attendant can immediately end the services and leave. If a guest or guests are rude, the attendant will notify Client or Client’s representative and if the rude behavior doesn’t stop then Cheers To You Photo Booth attendant will end the services and leave. Cheers To You Photo Booth will provide the products described above using the footage obtained before the incident and Client will receive no refund or partial refund.
Client agrees that Cheers To You Photo Booth is the exclusive provider of our specific services. No additional professional photo or video booths can work at the event providing the same services without the prior written consent of Cheers To You Photo Booth.
All products created by Cheers To You Photo Booth are copyright protected. It is a violation of Federal Copyright Law to copy, scan or allow products to be reprinted, duplicated, digitally reproduced, copied, scanned or altered (digitally or otherwise), without Cheers To You Photo Booth express written permission. Client agrees to purchase additional products/rights directly from Cheers To You Photo Booth that are not included in the Description of Services. Cheers To You Photo Booth may use any and all products for purposes of advertising, display, stock, use in contests, or for any other reasonable purpose without notification of, release by, or compensation to Client.
Client who purchases digital files may create duplicate and use products received for personal use only. Any other use of the digital files is prohibited and requires the prior written consent of Cheers To You Photo Booth. Digital files are subject to natural degradation and data corruption over time and it is Client’s sole responsibility to backup such files to prevent loss of data. As a courtesy, Cheers To You Photo Booth stores digital files for two years after the event date, and then archives them off-site. Retrieval of images (if available) outside of two years from the event date will incur a $100 fee.
Pricing for prints, albums, and other photography-related products and services are subject to change without notice for those products and services purchased after a period of 6 months from the signing of this Agreement. Product included in service agreement are considered void if not redeemed within 6 months after the delivery of images.
Cheers To You Photo Booth will deliver digital files no later than 4 weeks after Client’s event.
The terms and provisions of this Agreement shall be binding on and inure to the benefit of the successors and assigns of the parties. This Agreement constitutes the entire agreement between the parties with respect to the subject matter of this Agreement and supersedes all prior agreements, oral and written, between the parties hereto with respect to the subject matter of this Agreement. This Agreement may not be amended, modified, or supplemented except by written agreement signed by parties. No waiver of any provision of this Agreement will be deemed a waiver of any other provision. If any action or other proceeding is brought to enforce any of the terms of this Agreement, the prevailing party will be entitled to recover reasonable attorney fees and other costs incurred in the action or proceeding, in addition to any other relief to which the prevailing party may be entitled. Each person signing as Client shall be jointly and severally liable for full payment pursuant to the payment terms set forth in this Agreement. The headings and sub-headings of clauses contained are used for convenience and ease of reference and do not limit the scope for intent of the clause. This Agreement can be executed in counterparts (including electronically) and together will constitute a complete copy of the Agreement. This Agreement will be governed and construed under the laws of the State of California and any claims arising from or related to this Agreement must be filed in the state or federal courts located in California. The invalidity, in whole or in part, of any term of this Agreement does not affect the validity of remainder of the Agreement.