A Service Retainer in the amount of $100 is required at the time of signing this agreement. Acceptable forms of payment are: cash, checks, and major credit cards. The Service Retainer is non-refundable, but is transferable to a new available date. In this case, Smile Lounge requires both parties enter into a new agreement. Client agrees that in addition to any and all other legal rights and remedies Smile Lounge may have, Client will pay a $50.00 fee for any and all returned checks.
Balance is due on or before 14 days prior to the contracted event date. Photo booth services will not begin until the balance is paid in full. Payment for any overage in time must be paid before additional hours are provided.
PHOTO BOOTH OPERATIONS
Smile Lounge agrees to have the photo booth operational for the time period specified; however, in some situations operations may need to be interrupted for maintenance, service and/or photography optimizations. Smile Lounge agrees to send a qualified technician onsite to maintain and operate the photo booth. Should Smile Lounge fail to provide a fully operational photo booth during the agreed upon times, the client’s only remedy is a refund of payment received. Client agrees that Smile Lounge will not be responsible for consequential damages. If only partial services can be provided due to conditions beyond our reasonable control, then the rental charges shall be refunded on a prorated basis.
PHOTO BOOTH SETUP/TEARDOWN:
Smile Lounge will deliver, setup and remove the photo booth from event location. Operation of photo booth times may be adjusted if event location or client ends the event prior to the contracted end time and no refund of money will apply. Smile Lounge requires access to venue at least 60 minutes before the event and 30 minutes after the event for setup and takedown.
SPACE & PLACEMENT REQUIREMENTS
- Client agrees to provide:
- A minimum 10’ x 10’ area for our photo booth
- 110V, 10 amps, 3 prong standard electrical within 15 feet of our designated area
- 2 chairs and a table for scrapbook assembly (if contracted)
For outdoor events, client shall provide overhead shelter for the photo booth and sufficient protection from the elements. Smile Lounge reserves the right, in good faith, to cease the operation should the weather pose a potential danger to our personnel, the equipment, or guests. Since safety is paramount in all decisions, Smile Lounge’s compensation will not be affected if operation is ended.
LIABILITY AND INDEMNIFICATION:
Smile Lounge agrees to carry general liability insurance. Smile Lounge 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. The Client will indemnify and hold harmless Smile Lounge against any and all liability related to Client's Event from the time of service and on into the future. 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 Smile Lounge or its employees, agents, or subcontractors.
DAMAGE TO SMILE LOUNGE EQUIPMENT
Client acknowledges that it shall be responsible for any damage or loss to the Smile Lounge equipment caused by: a) any misuse of the equipment by Client or its guests, or b) any theft or disaster (including but not limited to fire, flood or earthquake, water damage).
All guests using the photo booth hereby grant Smile Lounge: 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. In addition the Client does hereby release, discharge and agree to save harmless Smile Lounge from any liability, that may occur or be produced in the taking of said picture or in any subsequent processing thereof, as well as any publication thereof, including without limitation any claims for libel or invasion of privacy.
If any provision of these terms shall be unlawful, void, or for any reason unenforceable under Contract Law, then that provision, or portion thereof, shall be deemed separate from the rest of this contract and shall not affect the validity and enforceability of any remaining provisions, or portions thereof. 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. This Agreement may only be amended in writing signed by Smile Lounge and Client.