The following contract and its terms will set forth an agreement between SNOW 360BOOTH/ Interactive SNOW FOTO and THE CLIENT for 360 photo booth services. This written contract sets forth the full, written intention of both Parties and supersedes all other written and/or oral agreements between the parties.
Service – SNOW 360BOOTH’S TEAM will arrive approximately 15-30 minutes prior to your requested start time TO INSTALL THE BOOTH on the date of rental, If the Client would like US to arrive earlier, Client will be charged at our current hourly rate of $180 per hour, SNOW 360BOOTH agrees to have a photo roamer operational for a minimum of 80% during this period.
Access and Power for the Roamer – Client will arrange for access to the event space and will supply any necessary tickets, badges or other items needed for entry to SNOW 360BOOTH 's representative at the Client's expense. Client is responsible for ensuring power is available for recharging batteries if the event is 2 hours OR MORE in duration. (110V, 5 amps, 3 prong outlet).
Service Fee: The service fee shall be outlined in the Client invoice. The service fee will encompass only items and/or services included within the Client invoice. No items/services shall be agreed to outside of the Client Invoice whether written, oral or applied.
SNOW 360BOOTH will be under no duty to perform its obligations under this Agreement until such time as Client has paid the service fee in full. Making payment upon this contract and invoice solidifies this agreement.
Retainer: A retainer of 35% is due immediately upon the signing of the Agreement. The retainer shall be applied towards the Service Fee. The retainer is non refundable in the instant where Client decides to cancel services, the retainer and all fees collected by SNOW 360BOOTH shall be retained for value received.
Remaining Balance: Client agrees to pay SNOW 360BOOTH any and all remaining fees owed no later than 30 days prior to the lease start date of .
Change of Date
If subsequent to this Agreement, the Client changes the date of the service, SNOW 360BOOTH will make best efforts to accommodate Client and provide services on the changed date. If SNOW 360BOOTH is not available on the new event date, SNOW 360BOOTH shall be entitled to keep the initial retainer, or 35% of the total Service Fee and neither party shall have any further liability or obligation under this Agreement.
If Client reschedules the event, and the new date is in the following calendar year, any new pricing in effect at that time shall apply and will included in the Client invoice.
If Client cancels the event or this Agreement, Client shall immediately notify SNOW 360BOOTH of such cancellation in writing. In the event that Client cancels the event less than six months prior to the reserved lease date, the Client agrees to forfeit the greater of the Retainer or 35% of the Service Fee plus 100% of all custom orders including custom backdrops, custom props, custom design work, custom wraps, etc. to SNOW 360BOOTH for value received. In the case of cost work, SNOW 360BOOTH agrees to provide to the Client all Custom products upon payment.
Neither SNOW 360BOOTH 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, SNOW 360BOOTH shall be entitled to retain the greater of the Retainer or 35% of the Service Fee to SNOW 360BOOTH for value received.
Damage SNOW 360BOOTH ‘S Equipment – Client acknowledges that it shall be responsible for any damage or loss to SNOW 360BOOTH’s Equipment caused by: a) Any misuse of SNOW 360BOOTH’s Equipment by Client or its guests or theft.
Indemnification – Client shall indemnify SNOW 360BOOTH against any and all liability arising from Client's negligence or willful misconduct related to Client’s Event. SNOW 360BOOTH shall indemnify, defend and hold harmless Client, its parent company, affiliates, subsidiaries, agents and guests from any loss, damages, claims, liability, costs arising from or related to SNOW 360BOOTH, including, but not limited its staff's negligence or willful misconduct related to the services provided under this contract.
Model Release – Client agrees to, and understands that all guests using the photo booth/studio or other equipment hereby give to Provider the right and permission to copyright and use, photographic portraits or pictures of any photo booth user who may be included intact or in part, made through any and all media now or hereafter known for illustration, art, promotion, advertising, trade, or any other purpose. In addition I, hereby release, discharge and agree to hold harmless Provider, 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.
Attire – Provider's staff will be presented in black slacks or skirt, red or black shoes and a red, white or black shirt depicting our company name & logo. Staff may also wear a red vest and cap during events deemed as formal.
The Provider's Photo Kiosk requires reliable access to the AT&T cellular data network's Internet connection to when sending Image files instantly. In the event that Internet is not available, SMS and Email will queue all submissions and be sent once Internet becomes available.
Client understands that the Provider is not responsible for Internet Reliability and cannot guarantee that reliable Data Signals will available in all locations.
If no coverage becomes available at the event location, the Provider will send all digital copies to the Client and guests within seven days of the rental conclusion.
Liability and Indemnity
Client agrees that the Provider's maximum liability for any claims, breaches or damages by reason of any act or omission, including breach of contract or negligence, shall be limited to the dollar amount paid by Client pursuant to this Agreement. Client agrees that Provider shall not under any circumstances be liable for any claims for emotional distress, mental anguish, punitive damages, consequential damages, lost profits, loss of enjoyment, lost revenues and/or replacement costs.
Client agrees to indemnify, defend and hold harmless Provider, its employees and agents for any injury, disability, death, property damage, liability, claim or other cause of action arising out of or related to Provider's events or caused by the operating, handling, or transporting the equipment during the term of this Lease, including but not limited to, damages caused by the actions of the Provider or other third parties at the Event and the online posting of images from the Event. Client acknowledges and agrees that these limitations and requirements reflect a fair allocation of risk and that the Provider would not enter into this Agreement without these specific limitations on its liability and indemnification requirements.
Entire Agreement and Modification
This Agreement constitutes the entire agreement between the parties. No modification or amendment of this Agreement shall be effective unless in writing and signed by both parties. This Agreement replaces any and all prior agreements between the parties whether written or oral.
The Provider warrants that the above property is in good working condition, but makes no further warranties, express or implied.
Rights on Default
In addition to any other rights afforded the Provider by law, if the Client is in default under this Agreement, without notice to or demand on the Client, the Provider may take possession of the equipment as provided by law, deduct the costs of recovery (including attorney fees and legal costs), repair, and related costs, and hold the Client responsible for any deficiency. The rights and remedies of the Provider provided by law and this Agreement shall be cumulative in nature.
Right to Safe Work Environment
Client will be responsible for and shall ensure that Provider's employees, representatives, agents or contractors are provided a save work environment free from hazards, attacks, threats of violence or any harassment sexual, racial or otherwise in nature. In the case the Provider or representative feels unsafe, the Provider may take possession of the equipment as provided by law, deduct the costs of recovery (including attorney fees and legal costs), repair, and related costs, and hold the Client responsible for any deficiency. No refunds will be made in whole or in part and all monies paid will be retained for value received. The rights and remedies of the Provider provided by law and this Agreement shall be cumulative in nature.
This Agreement shall be construed in accordance with the laws of the State of Nevada.
If any portion of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision, it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Lease.