This page outlines the photo booth services provided by Candid Captures Photo Booth (Referred to as Vendor) to clients (Referred to as Client) who booked photo booth services through the Vendor's website: events.mycandidcaptures.com

SCOPE

The configuration of the photo booth will be based the package and backdrop chosen. Customization of tap to start screens and overlays will be designed according to Client's theme. Client/venue will provide access to power and wifi. If WIFI cannot be provided by client, Company can provide wifi via a hotspot but timeliness of guests receiving their captures maybe be delayed depending on cellular signal strength at venue location. 3 hours of photo booth time is included with package. However, Client may choose to purchase additional time if desired. Exact times of operation, setup and tear down times, as well as, location of photo booth can be finalized when those details become known.

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

The agreed upon total package price is broken down into two payments. A retainer of 50% of the total package price is due at the time due upon signing of contract. The remaining amount is due two weeks prior to the Client’s Event. Paying by credit card or ACH is the preferred method of payment. 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 $100/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. For convenience, Client can pay via Venmo or the CashApp.

CHANGES AND CANCELLATIONS

Any request for a date, time, or location change must be made in writing at least thirty (30) 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. For outdoor events, if Client cannot provide a suitable indoor option when bad weather is eminent and it is deemed unsafe for the guests and equipment, Company has the right to refund all money paid for the event in order to keep it's equipment, attendants and the Client's guests safe from weather related damage and/or injury. While determining possibility of cancelation due to weather, the Client will be informed and consulted. However, ultimate decision rests with the Company.

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.

PHOTO BOOTH 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’, but 10' by 10' is preferred. It is the Client’s responsibility to ensure access is possible. Photo booth may be placed in an exterior location, provided it is protected from weather. Client is responsible for providing adequate cover for outdoor events. Company can provide a 10' by 10' tent at an additional charge if necessary. 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 photo booth 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 PHOTO BOOTH 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.

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.

MODIFICATIONS

The Client and the Company must agree to any changes to this contract in writing.

PROOF OF INSURANCE

The Company carries business insurance. We can provide certificates of insurance when requested by the Venue. Client and or Venue contact can make the request by emailing [email protected]

AUTHORITY to SIGN

Each party has the authority to enter into this Contract and to perform all of its obligations under this Contract.