The following contract and its terms will set forth an agreement between SNapJoy PhotoBooth (provider) and Event host/client (Client), for photo booth services for their event. This written contract sets forth the full, written intention of both parties and supersedes all other written and/or oral agreements between the parties. Signature on Booking Form/ Contract constitutes agreement to this document.
DATE/LOCATION CHANGES & CANCELLATIONS
Any requests for a date/location change or cancellation must be made in writing at least 30 days in advance of the original event date. Notification of any changes can be made by phone along with written notice sent via email for documentation. If an email is sent, a confirmation of receipt must be in writing. It is the client’s responsibility to confirm all arrangements 30 days prior to the event. In the event of change of address or contact information (time, etc.) as listed, you must notify SnapJoy Photobooth. Changes are subject to photobooth availability and receipt of new service contract. If there is no availability for the alternate date, the deposit shall be forfeited and event cancelled. Any cancellations occurring less than 30 days prior to the event date shall forfeit all payments received. Once a balance is paid, it is NON-REFUNDABLE. Any other arrangements shall be discussed between the client and SnapJoy Photobooth. All arrangements will be put in writing. The client agrees to not expect a new date to automatically be available. The client will be given the chance to reschedule but cannot be pushed ahead of other reserved clients.
PAYMENT
A non-refundable deposit in the amount of 50% of the total cost is due upon receiving the invoice and is required to hold the date of your event. No date is reserved until a deposit is received. The remaining amount is due 7 days in advance of event date. If final payment is not received as set forth herein, SnapJoy Photobooth reserves the right to not attend the event until payment is received. Upon clients signature and payment of deposit fee, SnapJoy Photobooth agrees to reserve the date and time specified. The deposit is applied towards the final contracted event package. If the client uses equipment in excess of the service period as agreed in the invoice, the overage in rental time will be billed to the client at the following rates: $200 per hour. Payment for any overage in time must be paid before additional hours are provided. Client agrees that in addition to any and all other legal rights and remedies SnapJoy Photobooth may have. Client will pay a $50 fee for all returned checks. Please make checks payable to Snapjoy Photobooth, send to 6360 Blackberry Court Gilroy, CA 95020
ACCESS, SPACE, & POWER FOR PHOTO BOOTH
Client will arrange for an appropriate leveled space for the photobooth at the venue. The photobooth requires a floor space of at least 10' x 10'. Client is responsible for ensuring power is available for the photo booth. The photo booth requires a 110V, 10 amps, 3 prong outlet from a reliable power source within 50 feet (along a wall) of the setup area. The circuit must be free of all other connected loads. Any delay in the performance or damage to the photo booth equipment due to improper power is the responsibility of the client. If the event is outdoors, the space must be dry and not in direct sunlight (covered area is preferred).
EVENT FOOD SERVICE
Client agrees to provide a suitable meal (not necessarily the meal served to guests) for the photobooth expert(s) if contracted coverage is 4 hours or longer.
FAILURE TO PERFORM
Due to the limited and subjective nature of the event SnapJoy Photobooth cannot be held responsible for lack of coverage resulting from weather conditions, scheduling complications due to lateness of individuals, rules and restrictions of venue, or the rendering of decorations of the location. SnapJoy Photobooth is not responsible for lost photo opportunities due to any kind of equipment malfunction, the lateness of the event couple, or other principles. Clients are responsible for all location fees and permits.
UNFORESEEN CIRCUMSTANCES CLAUSE
If SnapJoy Photobooth or its assigns, cannot perform this agreement due to a fire, casualty, strike or other civil disturbances, Acts of God, including but not limited to, road closures, severe traffic, fire, terrorism or other causes beyond the control of the parties, then SnapJoy Photobooth shall return any moneys paid by the client, less expenses, but shall have no further liability with respect to the agreement. This limitation of liability shall also apply in the event that photobooth materials are damaged in processing, lost through camera malfunction, compact flash card malfunction, lost in the mail, or otherwise lost or damaged without the fault on the part of SnapJoy Photobooth.
DAMAGE TO PROVIDER'S EQUIPMENT
Client acknowledges that it shall be 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
b) Any theft or disaster (including but not limited to fire, flood or earthquake).
INDEMNIFICATION
Client agrees to, and understands the following:
a) Client will indemnify provider against any and all liability related to Client's Event during or after Client's event. Client will indemnify Provider from the time of service and on into the future, against any liability associated with Client.
b) Client will indemnify Provider against any and all liability associated with the use of pictures taken within the SnapJoy Photobooth its representatives, employees or affiliates at Client's event.
PERMISSIONS
It is the clients’ responsibility to schedule and receive permission to use photobooth location. Should a location require a payment, this payment will be paid by the clients.
COPYRIGHTS
All photos created by SnapJoy Photobooth are copyright protected. It is a violation of federal copyright law to copy, scan, or allow photographs created by SnapJoy Photobooth to be reprinted, duplicated, digitally reproduced, copied, scanned, or altered digitally or otherwise, without SnapJoy Photobooth's express written permission. The client may print (on their own) their personal event photos with the written consent of SnapJoy Photobooth only once in possession of the digital images, whether via Dropbox.com or DVD sold separately. The digital files remain sole property of SnapJoy Photobooth and will never be given or sold.
SnapJoy Photobooth agrees to grant these image rights to the client with a non-exclusive, limited, perpetual license.
This license allows the client to do the following with the images:
i) Display the images;
ii) Print the images;
iii) Upload, email, or electronically transfer the images or files; and,
iv) Publish the images on personal websites or social media websites
THIS LICENSE WILL PROHIBIT THE CLIENT FROM DOING THE FOLLOWING:
APPLYING FOR COPYRIGHT REGISTRATION OR SELLING OF ANY IMAGE OR ELECTRONIC FILES SUPPLIED BY SNAPJOY PHOTOBOOTH
EXPENSE REIMBURSEMENTS
The client agrees to reimburse SnapJoy Photobooth for all reasonable expenses relating directly to the event itself. For example, parking fees, destination travel fees, accommodations, etc. SnapJoy Photobooth will bill the client after the event. Both parties agree to discuss this thoroughly to avoid any surprises as to what will constitute an expense and SnapJoy Photobooth agrees to supply expense receipts if so requested.
RETURNED CHECKS
Returned checks are subject to a $50.00 returned check fee. Client assumes responsibility for any and all collection costs and legal fees incurred by SnapJoy Photobooth in the event that enforcement of this contract becomes necessary. All legal action shall take place in Santa Clara County, California.
SUBSTITUTION
In the event of illness or sudden event out of the control of both parties, SnapJoy Photobooth will attempt to substitute a photobooth at no cost to client.
TERMS/CONDITIONS
Offerings are subject to change without notice. The most up to date contract will immediately apply to any client that has already signed.
PLEASE READ THE ENTIRE AGREEMENT BEFORE FILLING OUT THIS FORM. You are responsible for the contents of SNAPJOY PHOTOBOOTH TERMS AND AGREEMENT.