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Terms & Conditions

The following terms and conditions constitute a legal agreement ("Agreement") between Memoshot Photo Booth ("Provider") and the Customer("Client") for the hire of the photo booth. This Agreement constitutes the entire and only agreement between the parties, and supersedes all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the hire of the photo booth, whether written or oral.
  1. Payment & Cancellation Policy
    1. A deposit in the amount agreed upon is required at the time of signing this agreement to secure the event date.
    2. The deposit is non-refundable but it can be converted to credit points for future events.
    3. The final payment is due prior to the event date. Photo booth services will not begin until the balance is paid in full.
    4. $100 bond deposit for every photo booth booking to ensure all props and equipment are intact after the event. This bond will be refunded to your account after the event.
    5. Prices are subject to change. Refer to the issued invoice from Memoshot Photo Booth for applicable charges.
    6. By paying any, or the complete amount of, the invoice, the customer agrees to the terms and conditions outlined in this contract.
  2. Access & Parking
    1. All parking expenses for the provider are the responsibilities of the client.
    2. Photo booth services will not be completed until parking expenses are paid, if they are not paid prior to the event.
    3. Parking must be provided within a reasonable distance from the photo booth set up location.
    4. Client will arrange for access to the event space and will supply any necessary tickets, badges or other items needed for entry to the provider's representative at the client's expense.
  3. Set up and Pack down
    1. Client will arrange for an appropriate space for the photo booth at the event’s venue.
    2. The photo booth requires a space of 3.5m x 3.5m and access to the 220v power outlet within 10m.
    3. If the photo booth is to be placed outdoors, client agrees to provide complete overhead coverage for the photo booth and backdrop for the entire duration of the event.
  4. PHOTO BOOTH SETUP/REMOVAL
    1. The Provider will deliver setup and remove the photo booth from the event location.
    2. Operation of photo booth times may be adjusted if the event location or client ends the event prior to the contracted end time and no refund of money will apply.
    3. The provider requires access to the venue at least 60 minutes before the event and 30 minutes after the event for setup and pack down.
  5. Operations
    1. Provider agrees to have a photo booth operational for a minimum of 85% during the scheduled period; occasionally, operations may need to be interrupted for maintenance of the photo booth (changing photo paper, adjusting camera, adjusting printer, lighting etc., when applicable) to achieve a quality product.
  6. CHANGE IN EVENT DATE
    1. If subsequent to this agreement, the client changes the date of the service, the provider will make best efforts to accommodate the client and provide services on the changed date. 6.2 If the provider is not available on the new event date, the provider shall be entitled to keep the initial retainer, or bond deposit of the total service fee and neither party shall have any further liability or obligation under this agreement.
    2. 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 be included in the client invoice.
  7. Damage to Provider's Equipment
    1. Client acknowledges that it shall be responsible for any damage or loss to the provider’s equipment caused by:
    2. The client further acknowledges the provider shall have the express right to decline services to client’s guests either invited or uninvited, for misuse, inappropriate photos and or unruly behaviour.
  8. MODEL RELEASE
    1. Client hereby agrees to, and understands that all guests using the photo booth hereby give the 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. (We will exclude this release upon request)
  9. Internet Access
    1. The provider's photo booth requires reliable access to internet when sending image files instantly.
    2. In the event that the internet is not available, Airdrop and Qr Code will be available to share files.
    3. 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 via e-mail as a zip file.
  10. Liability and Indemnity
    1. The provider shall not be liable under any contract for direct, indirect, incidental or consequential damages (including without limitation, damages for lost profits or increased expenses) with respect to any claim arising from or related in any way to this agreement and services provided.
    2. The client will indemnify and hold harmless the provider and any photo booth attendants who are independent contractors working with the provider at time against any and all liability related to client's event from the time of service and on into the future.
    3. Client will assume all legal fees claimed by third persons, provided that such loss or damage was not caused by the fault or negligence of the provider or its employees, agents, or subcontractors.
  11. Force Majeure
    1. In the event that the assigned attendant from the provider is unable to perform due to an injury, illness, act of God, act of terrorism, or other cause beyond the control of the provider, the provider will make every effort to secure a replacement.
    2. If the situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of the service fee.
  12. Right to Safe Work Environment
    1. Client will be responsible for and shall ensure that provider's employees, representatives, agents or contractors are provided a safe work environment free from hazards, attacks, threats of violence or any harassment sexual, racial or otherwise in nature.
    2. 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.
    3. No refunds will be made in whole or in part and all payment paid will be retained for value received.
    4. The rights and remedies of the provider provided by law and this agreement shall be cumulative in nature.
  13. Dispute Resolution
    1. To ensure a timely and economical resolution of disputes that arise in connection with this agreement, the provider and client agree that any and all disputes, claims or causes of action arising from or relating to enforcement, breach, the performance and interpretation of this agreement shall be resolved to the fullest extent permitted by law by final and binding arbitration by a single arbitrator.
  14. WAIVER
    1. 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.
  15. SEVERABILITY
    1. Unless otherwise provided herein, if any provision of this Agreement shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
  16. INDEMNITY
    1. The Provider will not be liable for failing to perform under the Agreement by the occurrence of any event beyond our reasonable control which may include a labour disturbance, internet/electrical outage, service interruption, communication outage failure by a service provided to us to perform, a fire emergency, threatened or actual act of terrorism, natural disaster or war.
    2. The Provider accepts no responsibility for any injury to persons during photo booth use.
  17. ADDITIONAL TERMS
    1. Children are welcome to use the photo booth, but must be supervised at all times by an adult.
    2. Any damage to the equipment or property caused by children will be the responsibility of the client, and they will be liable for any repair costs incurred.
This is the entire Agreement between provider and client relating to the subject matter herein and shall not be modified except in writing, signed by both parties. In the event of a conflict between parties, client agrees to solve any arguments via arbitration. This Agreement constitutes the entire Agreement and supersedes all prior oral, written and other agreements between the parties with respect to the subject matter hereof. Any variations to these Terms & Conditions must be agreed to in writing by both parties. I have read, understand and agree to the terms and conditions of this Agreement.