Flamingo Photobooth Co. Service Agreement
Flamingo Photobooth Co. (7726929 Canada Inc.) (the Provider) and the Client agree to the following:
1) Service. The Provider will provide photobooth services for the Event to the best of his abilities, in the manner described in this document.
2) Contract. This is a binding contract which incorporates the entire understanding of the parties, and any modifications must be in writing, signed by both parties, and physically attached to the original agreement.
3) Service Period. Pursuant to the responsibilities of the Client, Provider agrees to have a photobooth operational (but not necessarily in use) for a minimum of 80% during this period. Operations may need to be occasionally interrupted for photobooth maintenance.
4) Currency, Retainer and Payment. All reference to money in the agreement means the lawful money of Canada at the time of contract signing (CDN). Provincial and federal taxes apply to all amounts listed, and shall be billed by the Provider. A non-refundable deposit of $299 is due upon signing of contract, and will be invoiced via email to the primary contact. The remainder of the amount is due 30 days in advance of the Client’s event. If the event is booked without 30 days notice, the full amount shall be invoiced by the provider via the email provided. If paying by credit card, the Client agrees to have the Provider charge the Client’s credit card for payment of services rendered. The Client is liable for any unplanned overage in time at the cost of $129.00/hr, which will be invoiced following the event. The Client agrees that in addition to any and all other legal rights and remedies Provider may have, Client will pay a $49 fee for any and all returned cheques and payments, which the Client may write to Provider as payment for services rendered.
5) Changes and Cancellations. Any request for a date, time, or location change must be made in writing (email is acceptable) at least thirty (30) days in advance of the original event date. Changes are subject to photobooth availability and receipt of a new Service Contract. If there is no availability for the alternate date, time, or location, the deposit shall be forfeited and the rental cancelled. Any cancellation occurring less than thirty days prior to the event date shall forfeit all payments received.
6) Parking, Access, Space and Power Requirements. The Client shall provide parking for Provider’s vehicle and trailer while at Client’s Event. Client will arrange for an appropriate space for the photobooth at Client’s venue. Space must be level, solid, and at least 9 feet wide by 9 feet long by 9 feet tall. It is the Client’s responsibility to ensure that safe access is possible. The photobooth may be placed in an exterior location, provided that the client can ensure that is protected from weather. A white event tent can ordered at an additional cost of $49. A suitable generator can also be rented for an additional $49 for outdoor events where power is not available. Otherwise, the Client is responsible for providing power to the Photobooth (110V, 10 amps, 3 prong outlet).
7) Releases. This contract serves as a model release giving the Flamingo Photobooth Co. (7726929 Canada Inc.) the right to use the photographs and other media produced through the photobooth for the Event in all manners, including but not limited to the organization’s blog, webpage and portfolio and promotional materials unless otherwise agreed.
8) Digital Photographs. The Client accepts all responsibility for the archiving, protecting, developing and distributing digital photographs provided by Flamingo Photobooth Co. following the event. Digital copies of photos and prints shall be provided by Flamingo Photobooth Co. at no additional cost electronically, via Dropbox. A thumb-drive containing all Event media produced by the Flamingo Photobooth can be purchased at an additional cost of $49.
9) Post-Event Products. The Client retains the option to request digital prints following the event at a cost of $2 per print, and can do so by contacting firstname.lastname@example.org. The Client also retains the right to order additional products, such as a thumb-drive, post-Event, for additional fees.
10) Limited Liability. Client hereby indemnifies and holds harmless Flamingo Photobooth Co. Owner and its employees as to any and all injuries and/or accidents of client and guests relating to Flamingo Photobooth rental, use and supply of materials/equipment at the time, and for the duration of the event. If no service is received, Flamingo Photobooth’s maximum liability will be the refund of all payments received from Client. The Provider is not responsible for any consequential damages or lost opportunities upon breach of this agreement.
11) Miscellaneous Terms. In the event the Provider is unable to supply a working Photobooth for at least 80% of the Service period, Client shall be refunded a prorated amount based on the amount of service received. Refunds will not be made for unforseen events and/or natural disasters, and Flamingo Photobooth Co. shall not be held liable for events outside of our control. Flamingo Photobooth Co. reserves the right to charge for equipment that has been damaged during an event, provided it is reasonable to do so.
12) All Sales are Final. The Client understands and agrees that all sales and service fees are final.
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