TERMS OF SERVICE

The below Terms of Service are agreed upon by the Client and Photo Booth Rental SoCal after any deposit or payment has been made for services.

SERVICE PERIOD
Pursuant to the responsibilities of the Client, Company agrees to have a photo booth
operational for a minimum of 80% during this period; occasionally, operations may need
to be interrupted for maintenance of the photo booth.
RETAINER AND PAYMENT
A non-refundable retainer in the amount of $100 is due upon initial deposit. The remaining amount is due
during the day of the event. If paying by credit card, Client agrees to have Company charge Client’s credit
card for payment of services. Client is liable for any overage in time at the cost of $150/hr., which will be
billed in half hour increments. Client agrees that in addition to any and all other legal rights and remedies
Company may have, Client will pay a $50 fee for any and all returned checks which Client may write to
Company as payment for services.
CHANGES AND CANCELLATIONS
Any request for a date, time, or location change must be made in writing at least fourteen (14) days in
advance of the original event date. Change is subject to photo booth availability and receipt of a new
Service Contract. If there is no availability for the alternate date, time, or location, deposit shall be forfeited
and no photo booth services will be provided. Any cancellation occurring less than thirty days prior to the
event date shall forfeit all payments received.
PARKING
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.
PHOTOBOOTH ACCESS, SPACE AND POWER
Client shall arrange for an appropriate space for the photo booth at Client’s venue. Space
must be level, solid, and at least 6’ by 9’. It is the Client’s responsibility to ensure access
is possible. Photo booth may be placed in an exterior location, provided it is protect from weather. Client
is responsible for providing power to the photo booth (110V, 10 amps, 3 prong outlet).
WIFI ACCESS
Company social media package requires Client to provide or guarantee a venue Internet connection of at
least (1MB). Company is not responsible for insufficient social media features below the required Internet
speed.
ONLINE GALLERY
Upon receiving downloadable link for high-resolution files, Client accepts all responsibility for
archiving and protecting the photographs. Company is not responsible for the lifespan of any digital
media provided for any future changes in digital technology or media readers that might result in an
inability to read discs provided. It is Client’s responsibility to make sure that digital files are copied to
new media as required.
MODEL RELEASE
Company reserves the right to use images produced with its photobooth under this Agreement to
transfer to a third-party, host, store, cache, reproduce, publish, display (publicly or otherwise),
perform (publicly or otherwise), distribute, transmit, modify, adapt, and create derivative works, and
to reproduce the same images, in each case for the purpose of promoting the Company, its services,
and other good-faith business purposes. CLIENT WARRANTS THAT IT HAS ACTUAL
AUTHORITY TO AGREE TO THE USE OF THE LIKENESS OF ALL PERSONS INCLUDED IN
THE IMAGES IN THIS MANNER AND SHALL INDEMNIFY THE COMPANY IN
ACCORDANCE WITH THE INDEMNIFICATION CLAUSE PROVIDED IN THIS AGREEMENT
BELOW.
LIMITATION OF LIABILITY; WAIVER
UNDER NO CIRCUMSTANCES, EXCEPT AS OTHERWISE STATED IN THIS AGREEMENT,
WILL THE COMPANY, ITS PARENT COMPANY, NOR ANY OF THEIR EMPLOYEES,
MANAGERS, OFFICERS OR AGENTS BE LIABLE TO THE CLIENT FOR ANY LOSS OR
DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT,
INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR
CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED
TO: (A) THE PHOTOBOOTH SERVICE; (B) ANY ACTION TAKEN IN CONNECTION WITH
COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS, INCLUDING WITHOUT
LIMITATION, ANY INTELLECTUAL PROPERTY RIGHT, PUBLICITY, CONFIDENTIALITY,
PROPERTY OR PRIVACY RIGHT; (C) ANY ERRORS OR OMISSIONS IN THE SERVICE'S
OPERATION; OR (D) ANY DAMAGE TO ANY USER'S COMPUTER, MOBILE DEVICE, OR
OTHER EQUIPMENT OR TECHNOLOGY. IN NO EVENT WILL THE COMPANY BE LIABLE
TO CLIENT OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT
LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE
ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO CLIENT.
CLIENT AGREES TO DEFEND (AT COMPANY’S REQUEST), INDEMNIFY, AND HOLD THE
COMPANY, ITS PARENT COMPANY, EMPLOYEES, MANAGERS, OFFICERS, AND AGENTS,
HARMLESS FROM AND AGAINST ANY CLAIMS, LIABILITY, DAMAGES, LOSES, AND EXPENSES,
INCLUDING WITHOUT LIMITATION, REASONABLE ATTORNEY’S FEES AND COSTS, ARISING
OUT OF OR IN ANYWAY CONNECTED WITH ANY OF THE LIABILITY STATED ABOVE,
INCLUDING BUT NOT LIMITED TO ANY ACTION TAKEN IN CONNECTION WITH THE
MODEL RELEASE PROVIDED IN THIS AGREEMENT, COPYRIGHT OR OTHER INTELLECTUAL
PROPERTY OWNERS, INCLUDING WITHOUT LIMITATION, ANY INTELLECTUAL PROPERTY
RIGHT, PUBLICITY, CONFIDENTIALITY, PROPERTY OR PRIVACY RIGHT.
In the event that the Equipment is damaged whilst in the possession of our Client, the Client shall be
responsible for the cost of repair or replacement thereof. Photo Booth Rental SoCal will try repair the
Equipment but where it is not feasible or where the Equipment will not operate as it did when let to the
Client, Photo Booth Rental SoCal may, in its sole discretion, replace the Equipment, for which the Client
shall be liable including any transport costs. By his/her signature hereon, the Client authorizes Photo
Booth Rental SoCal to deduct from the Client's credit card the amount of such repair/ replacement.
MISCELLANEOUS TERMS
In the event Company is unable to supply a working photo booth for at least 80% of the Service period,
Client shall be refunded a prorated amount based on the amount of service received. If no service is
received, Company’s maximum liability will be the return of all payments received from Client. Prior to
any party commencing an action, each party shall meet in a good-faith attempt to resolve their
differences. Should both parties be unable to resolve their dispute, both parties agree to submit their
dispute to a neutral mediator. Both parties agree to the jurisdiction, venue, and choice of law of
Company’s principle place of business at the time of the execution of this Agreement.
ALL SALES ARE FINAL.
Client understands and agrees that all sales and service fees are final.