Terms of Service
This Contract for Services (the “Contract”) is made effective as of {{current_date_us}} (the “Effective Date”), by and between {{client_name}} (the “Client”) of {{client_address}} and {{business_name}}. (the “Company”) of {{business_address}}(collectively the “Parties”).
Now, therefore, for and in consideration of the mutual promises and agreements contained herein, Client hires {{business_name}}. and {{business_name}} agrees to provide entertainment services to Client under the terms and conditions hereby agreed upon by the parties:
1.0 DESCRIPTION OF SERVICES.
Client hereby agrees to engage {{business_name}} to provide Client with {{service_name}} Service (collectively, the “Services”) to be performed at the following event with the following specifications:
Name/Place of Event: {{venue_name}} {{venue_address}} {{venue_postcode}}
Date/Time(s) of Service to Be Provided: {{event_date_us}} {{event_start_time}}
Name of Service: {{service_name}}
Name of Package: {{package_name}}
What’s included in Package: {{included_extras}}
Additional Services / Extras: {{extras}}
2.0 TERM.
Client and {{business_name}}. agree that this Contract between the Parties is for Services that shall commence on the above date and complete on {{event_date}} & {{event_end_time}}. The Contract may be extended and/or renewed by agreement of all the Parties in writing thereafter.
3.0 PAYMENT.
Client agrees to pay {{business_name}}, in consideration of the Services contracted for, the sum of {{total_balance}} {{total_balance_overridden}}, with a non-refundable retainer fee due within 5 days of signing this Contract and the remaining balance shall be paid in full 28 days prior to the event, plus all applicable taxes. Payment shall be made to {{business_name}}. If Client are booking Client’s event within 28 days of the event date, full payment will be due at the time of booking and is non-refundable except under the circumstances set forth below in the Cancelations section.
{{business_name}}. reserves the equipment, time and date for Client’s event once Client signs this Agreement and pays the initial retainer. Any Services requested that exceed the contracted time period and which are granted by {{business_name}} will be charged at the going rate per hour.
3.1 Service Fee Summary. The Service Fee shall be {{total_balance}} {{total_balance_overridden}}. The Service Fee encompasses only those items included in the Description of Services section above. The Service Fee does include applicable state or city sales tax. Payments are not transferable, not assignable, nor refundable except as explicitly described in this contract. Once the Agreement has been signed, no reduction in services are allowed. Any added services, confirmed in writing (email suffices) after the Agreement has been signed do not require an additional contract, but will be charged for accordingly.
3.2 Returned Checks & Defaulted Accounts. The Client shall be responsible for any solicitor's fees, court costs, or other costs incurred in the collection of delinquent accounts. In the event that Client fails to remit any payments as specified, Company shall be entitled to terminate this Agreement immediately, retain the nonrefundable, non-transferable Retainer Fee, and shall have no obligation to render {{service_name}} Services for Client’s Event.
3.3 Initial Payment/Retainer, Fees and Cancellation Charges. An initial retainer payment of 20% for DJ and Casino events or $100 for Photo booth of Client’s total service fee is required to secure Client’s booking unless otherwise agreed upon or indicated during a special. The initial retainer fee may be paid automatically through our online booking system, or Client’s event date can be reserved for 5 days over the phone or text until we receive payment by credit card or Transfer. The retainer Client pay to secure Client’s event is non-refundable in exchange for consideration of the work we put into events prior to attending, and the bookings we will have missed by securing Client’s date.
3.4 Regional Travel Fee. If the event location is within 30 km of {{business_name}}’s offices there is no travel fee. If the event location is greater than 30 km from {{business_name}}’s offices, Client will pay a travel fee equal to $1.5 per km, round trip per attendant, past the 30 km radius of {{business_name}}’s offices in {{business_address}} {{business_postcode}}
3.5 Long Distance Travel. Client is responsible for the following additional expenses, as applicable: airline, hotel, car rental and expenses, and $50 per diem. Client agrees to pay these charges within 10 days of the Client's receipt of {{business_name}}’s invoice for travel expenses.
3.6 Parking Fee. Clinet will be subject to a parking fee to cover parking costs for our staff, as well as allow us to have them arrive earlier than normal if necessary to allow for longer load in and parking times. Client shall provide parking for Company’s vehicle while at Client’s Event. The parking space shall be within close proximity to the venue, and Client shall provide any necessary parking permit or pass prior to the event date.
4.0 MODIFICATIONS
4.1 Postponements/Date Change. In the event of a postponement, {{business_name}}. will retain all funds received until a new date is established. Once a mutually beneficial date is agreed upon, the contract will be updated to reflect the new date and all received funds will be applied to the rescheduled event.
If Client changes the date of the event, Client will immediately notify {{business_name}}. in writing (email suffices). {{business_name}}. will make best efforts to accommodate Client and provide its services on the changed date within the same calendar year. If {{business_name}}. is not available on the new event date, or if the rescheduled date is for a new calendar year, {{business_name}}. 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. All date modifications will be subject to a fair rescheduling fee as determined by {{business_name}}.
4.2 Additional Time. Should Client desire additional time beyond the contracted hours, then Company, Client, and facility must unanimously agree to extra time extensions. Client agrees to pay Company in cash, or by credit card in the amount of $100.00 for each additional hour immediately for additional time to commence.
5.0 CANCELLATION POLICY.
All cancellations must be made by contacting {{business_name}} and must be in writing. Once Client’s event has been cancelled, Client’s event date will immediately be available for other bookings. Should the Client cancel and there are no legally binding reasons to restrict the event from taking place, all monies received will remain on file as a credit for 1 year. (Situations not recognized as legally binding reasons include, but are not limited to, mandatory mask orders, mandatory social distancing orders or reduced attendance orders.) In addition, Client will owe any outstanding payments under the following schedule:
Cancellation 180 days or more before the event - No refund of the initial retainer. Any other amounts paid and/or other monies paid excluding transaction fees are refundable unless a special order item has been ordered.
Cancellation between 179 - 60 days of the event - No refund of any monies paid up to 50% of the total. Anything beyond 50% of total booking fee will be refunded. 50% of the package is still due if not already paid.
Cancellation within 59 days of the event - There is no refund available and the entire amount of the booking fee is due. The single exception to the “59 days” policy is for death or Military Deployment with verifiable death certificate or deployment papers. If a death or military situation is activated, all but the retainer and transaction fees will be refunded. In the case of Military Deployment the total can be placed against another date, as long as the date is available.
Should the Client cancel due to a city/state/national “lockdown” or “stay at home” order, or mandatory closure of event venues, and the event cannot legally take place, a refund will be issued for any payments received, less the retainer. The retainer will remain on file as a credit and credit may be transferred to another event, service or person/Client. Any additional monies or payments owed will be waived in this scenario.
6.0 LATE PAYMENT.
In the event payments are not received by {{business_name}}. within 5 calendar days after becoming due, Company may:
charge a late fee in the amount of $100;
charge a late fee in the amount of $250 if such payment is more than 10 calendar days late; or
suspend performance for all Services without any obligation to secure replacement services for the Event.
7.0 HIRED PERIOD SPECIFICATIONS
7.1 Set-up of Services. The hire period will be for a set period,as specified in the booking form and as agreed by both parties before. In addition, this will cover the 60-90 minute setup time and 30-60 minute pack down time. Use will commence at the agreed time and finish at the agreed time in the booking form unless due to technical difficulties on our behalf, when we provide the service for the set period once rectified. Company will arrive to set up approximately 60-90 minutes before the hire period is due to commence. If Client requires us to be set up earlier an idle time charge will apply. It is the Client's responsibility to ensure that the venue allows the Company in their venue to perform services and at the agreed time. Client shall arrange for an appropriate space for the photobooth at Client’s venue. Space must be level, solid, and at least 1.8m x 2.7m. It is the Client’s responsibility to ensure access is possible. Photobooth may be placed in an exterior location, provided it is protect from weather. Client is responsible for providing power to the photobooth (220V, 10 amps, 3 prong outlet). It is Client’s responsibility to inform us of any circumstances that may make setting up take longer, these may include but are not exhaustive to; going upstairs, a long distance from unloading area to set-up area, restricted access. If we are not aware of these and the set-up takes longer than normal Client’s hire period may be intruded into.
If a Client's event simply starts late or runs late, our period of hire will still be for the agreed period and times unless we agree to provide additional hours as per our additions.
7.2 Downtime. {{business_name}}. takes the utmost care regarding equipment function, photo quality, and printing. However, due to the nature of technology, some downtime may occur. {{business_name}} guarantees its equipment to be operational at least 80% of the scheduled rental time, and will refund a prorated amount of the rental price for any downtime beyond this caused by equipment malfunction. This is not to include equipment malfunction resulting from abuse of the photo booth equipment by guests.
If a service time is longer than 8 hours, then downtime must be provided for local & nationally required breaks.
7.3 Termination of Hire for Damages. {{business_name}} retains the right to terminate a hire if they feel that any equipment or property belonging to {{business_name}} is in danger of being damaged or has been damaged due to unruly behavior from Client. We also reserve the right to refuse guests to participate in the activities if we feel they are too unruly.
In any instances where Company may have a need to terminate the hire, Company will attempt to speak with the Client or the hosting venue first, if possible to try to resolve the matter before termination. Client will be fully responsible for any damages caused by Client or any other attendees at the event to the booth or booth equipment however caused, with the sole exclusion of {{business_name}} staff. In the event of any damages caused by those present to property or equipment in use by {{business_name}}, Client will be charged the full replacement cost and are liable to cost involved in termination of future events due to sourcing replacements.
Any damages must be reported to a member of {{business_name}} staff immediately upon discovery.
PRINT OUT DESIGN
Company will design a print out based on material supplied by Client, including logos, fonts, monograms, and ideas. Company will provide a draft and one revision, additional revisions will be billed to Client at ($300) an hour.
8.0 LIMITATIONS OF LIABILITY
8.1 Entire Liability and Uniqueness of the Event. {{business_name}}’s entire liability to Client for any claim for damages, reimbursement or loss suffered, relating to or in any way arising out of {{business_name}}’s performance, is limited to a refund of the Service Fee. Due to the uniqueness of each event, {{business_name}}. 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 reshoot and that {{business_name}} has no obligation under this Agreement to do so.
8.2 Explicit Liabilities.
Company shall not accept liability under any circumstances for:
Loss of or damage to property belonging to or travelling with the members of any group. (For example, watches, jewelry, cameras or clothing.)
Personal injury or death of any participants however caused unless by proven negligence of {{business_name}}..
Client emotional distress, mental anguish, punitive damages, consequential damages, lost profits, loss of enjoyment, lost revenues and/or replacement costs.
8.3 Attendant’s Illness or Injury/acts of God.
If, for whatever reason including injury, illness, acts of God, {{business_name}}’s attendants or specialized staff are unable to attend the event, {{business_name}} will make best efforts to find a substitute attendant for the event. If a substitute attendant cannot be found, {{business_name}} will promptly reimburse Client any and all Service Fee and deposit amounts Client previously paid to {{business_name}}, and neither party will have any further obligations or additional liability under this Agreement
9.0 INDEMNIFICATION.
Client agrees to indemnify and hold {{business_name}} 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 {{business_name}}.
10.0 FORCE MAJEURE.
If Company cannot perform or believes it may not be able to perform this Agreement in whole or in part due to a fire, natural disaster, act of war or terrorism (domestic or foreign), epidemic or pandemic (including COVID-19), action of any governmental authority (including a Government Order), national or regional emergency, other casualty, act of God, or other cause beyond the control of the parties or due to Company’s illness or injury, whether or not foreseeable (“Force Majeure Event”), then Company will give notice to the Client as soon as reasonably practicable after Company determines that a Force Majeure Event will or may prevent Company from performing under this Agreement. Company shall have no obligation to perform under this Agreement and no liability for delays or failures to perform due to a Force Majeure Event, but Company may, in Company’s discretion, work with the Client to find an alternative date for the Event that is suitable to both Client and Company. To the extent the Parties cannot agree on a suitable replacement date consistent with Company’s availability, Company may also, in its sole discretion, refund fees paid to Photographer under the Agreement, less any amounts necessary to cover expenses and work (based on time spent by Company) already performed by Company related to the Event, including, but not limited to, pre-wedding communications, development of timelines, and preparation of gear for the Event (the “Refund Amount”). In the case of a Force Majeure Event, Company shall have no additional liability to Client with respect to this Agreement beyond that described in this Section and below.
11.0 VENUE EXCLUSION & ACCESS.
Client shall be obligated to obtain any and all necessary authorization from the property owner/representative of any location(s) where {{business_name}} will be providing its services under this Agreement. The Client is responsible for confirming that the event venue or location allows the services being provided, listed under Description of Services. If the event venue or location will not allow the listed services, and {{business_name}} is informed of this more than 72 hours in advance of the event, {{business_name}} shall be entitled to keep the retainer and neither party shall have any further liability or obligation under this Agreement. If the event venue or location will not allow the listed services, and {{business_name}}. is notified less than 72 hours in advance of the event or arrives on the day of the event to find that the services are not approved by the venue, then the Client will receive no refund or partial refund. The Company may be limited by the rules and restrictions of the Event venue. Client understands and agrees that Company will abide by such rules and restrictions and that they are outside the control of Company. Negotiation with the venue with respect to modifying the rules and restrictions is the sole responsibility of the Client or Client’s representative, such as a wedding planner or event coordinator. Client agrees to hold Company harmless for the impact such rules and restrictions may have on performance of the Services.
It is the Client’s responsibility to ensure the proper venues contact information, address, name, and postcode for our attendants has been provided. We also require that the venue allows reasonable access for loading, and suitable parking once the booth and equipment has been unloaded. If parking for loading is restricted Client will be liable for any fines that occur as a result and or time used seeking a suitable location. We cannot be held responsible for any errors or delays resulting from incorrect or missing address details.
The information provided by the client in regards to event location, rental time, etc. at the time of the booking is the final information {{business_name}} will reference when servicing the event. If any changes need to be made, it is the client's responsibility to notify {{business_name}} in writing of such changes. {{business_name}} is not responsible for any information that is inaccurately provided by the Client.
12. HARASSMENT DURING PERFORMANCE.
If at any point during the event {{business_name}}’s attendant feels physically unsafe or is sexually harassed by an event guest or guests, preventing attendant from safely completing performance, then {{business_name}}’s attendant can immediately end the services and leave. If a guest or guests are rude, the attendant will notify the Client or Client’s representative and if the rude behavior doesn’t stop then {{business_name}}’s attendant will end the services and leave. {{business_name}} will provide the products described above using the footage or images obtained before the incident and Client will receive no refund or partial refund; at Company’s sole discretion.
13.0 VENDOR EXCLUSIVITY.
Client agrees that {{business_name}} is the exclusive provider of our specific services. No additional professional photo, video booths or photographer can work at the event providing the same services as contracted in this agreement without the prior written consent of {{business_name}}.
14.0 INTELLECTUAL PROPERTY
14.1 Copyright. All products created by {{business_name}} are copyright protected. It is a violation of Copyright Law to copy, scan or allow products to be reprinted, duplicated, digitally reproduced, copied, scanned or altered (digitally or otherwise), without {{business_name}} express written permission. Client agrees to purchase additional products/rights directly from {{business_name}} that are not included in the Description of Services in a separate Agreement. {{business_name}} 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.
14.2 Digital Files. Client who purchase digital files may create duplicates and use products received for personal use only. Any other use of the digital files is prohibited and requires the prior written consent of {{business_name}}. 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, {{business_name}} stores digital files for one year 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.
14.3 Pricing. Pricing for prints, albums, and other 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. Products included in service agreement are considered void if not redeemed within 6 months after the delivery of images.
14.4 Product Delivery. {{business_name}} strives to deliver digital files within 2 weeks after a client's event, but during times of high business levels, will deliver digital files no later than 4 weeks after Client’s event.
15.0 INSURANCE.
{{business_name}} agrees that business will keep the set-up area under his/her direct control safe and will maintain a general liability insurance policy. Any additionally required insurance by the state, local ordinance, or venue will be the responsibility of the client.
16.0 DEFAULT.
The occurrence of any of the following shall constitute a material default under this Contract:
The failure to make a required payment when due.
The insolvency or bankruptcy of either party.
The subjection of any of either party’s property to any levy, seizure, general assignment for the benefit of creditors, application or sale for or by any creditor or government agency.
The failure to make available or deliver the Service in the time and manner provided for in this Contract.
17.0 REMEDIES.
Unless otherwise stated in this agreement and in addition to any and all other rights a party may have available according to law, if a party defaults by failing to substantially perform any provision, term or condition of this Contract (including without limitation the failure to make a monetary payment when due), the other party may terminate the Contract by providing written notice to the defaulting party. This notice shall describe with sufficient detail the nature of the default. The party receiving such notice shall have 5 days from the effective date of such notice to cure the default(s). Unless waived by a party providing notice, the failure to cure the default(s) within such a time period shall result in the automatic termination of this Contract.
18.0 DISPUTE RESOLUTION.
Both parties agree to handle any dispute arising from this contract by submitting said dispute to mediation in accordance with any statutory rules of medication in the State of New York. If mediation does not successfully resolve the dispute, the parties may proceed to seek an alternative form of resolution in accordance with any other rights and remedies afforded to them by law.
19.0 ENTIRE AGREEMENT.
This Contract contains the entire agreement of the parties, and there are no other promises or conditions in any other agreement whether oral or written concerning the subject matter of this Contract. This Contract supersedes any prior written or oral agreements between the parties. (This includes attached service term addendums).
20.0 SEVERABILITY.
If any provision of this Contract will be held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If a court finds that any provision of this Contract is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be deemed to be written, construed and enforced as so limited.
21.0 GOVERNING LAW.
This Contract shall be construed in accordance with the laws of New Zealand.
22.0 NOTICE.
All notices and other communications hereunder (each, a "Notice") shall be in writing and addressed to the parties at the addresses set forth in the Order Confirmation or to such other address that may be designated by the receiving party in writing. All Notices shall be delivered by email, personal delivery, nationally recognized overnight courier, or certified or registered mail. Except as otherwise provided in this Agreement, a Notice is effective only (a) upon receipt of the receiving party, and (b) if the party giving the Notice has complied with the requirements of this Section.
23.0 WAIVER OF CONTRACTUAL RIGHT.
The failure of either party to enforce any provision of this Contract 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 Contract.
24.0 SURVIVAL.
Provisions of these Terms, which by their nature should apply beyond their terms, will remain in force after any termination or expiration of this Agreement.
24.0 SIGNATORIES.
This Agreement shall be signed on behalf of Client by {{client_name}} {{company_name}} and effective as of the date first above written.