Terms and Conditions
This PHOTO BOOTH RENTAL AGREEMENT AND TERMS AND CONDITIONS (this "Agreement") is made by and between “BELLAGE ENTERTAINMENT" hereinafter referred to as the “COMPANY" and the inquirer of services, hereinafter referred to as the “CLIENT" relating to any event(s) booked through the COMPANY’S website (www.bellage-entertainment), hereinafter referred to as the “EVENT(S)".
AGREEMENT: This Contract contains the entire understanding between the COMPANY and the CLIENT. It supersedes all prior and simultaneous Contracts between the parties. The only way to add or change this Contract is to do so in writing, reviewed and signed by all parties. In the event that any part of this Contract is found to be invalid or unenforceable, the remainder of this Contract shall remain valid and enforceable. Any agreement to waive one or more provisions of this Contract or any failure by one or both parties to enforce a provision of this Contract shall not constitute a waiver of any other portion or provision of this Contract.
HEADINGS: The headings and sub-headings of clauses contained are used for convenience and ease of reference and do not limit the scope for intent of the clause.
RESERVATIONS, CHANGES, AND CANCELLATIONS
RESERVATION: A signed contract and retainer fee of 50% are required to reserve the dates and times of the EVENT(S). If the EVENT(S) are rescheduled, postponed, or cancelled; or if there is a breach of Terms and Conditions by the CLIENT, the retainer fee is non-refundable and shall be liquidated damages to the COMPANY.
RESCHEDULE/POSTPONEMENT: If subsequent to this Contract, the CLIENT changes the date of the event, the COMPANY will make best efforts to accommodate the CLIENT and provide its services on the changed date. If the COMPANY is not available on the new event date, the COMPANY shall be entitled to keep the retainer and neither party shall have any further liability or obligation under this Contract.
CANCELLATION: If the EVENT(S) are cancelled, the retainer fee is non-refundable and shall be liquidated damages to the COMPANY.
FEES AND PRICING
SERVICE FEE: The Service Fee encompasses only those items included in the list of services located in the invoice sent by the COMPANY to the CLIENT. The Service Fee does not include applicable sales tax. The COMPANY will be under no duty to perform its obligations under this Contract until such time as CLIENT has paid the service fee in full. Making FULL payment upon this Contract and invoice solidifies this Contract.
RETAINER AND PAYMENT SCHEDULE: The CLIENT shall pay a 50% retainer fee or may pay in full at the time of booking. The remaining balance (50%) is payable in full at least fourteen (14) calendar days prior to the EVENT(S). In the event the CLIENT fails to remit payment as specified, the COMPANY shall have the right to immediately terminate this Contract with no further obligation, retain any monies already paid, and not attend the EVENT(S).
PRICING: Services or merchandise not included in this initial Contract will be sold at the current price when the order is placed. All prices are subject to change at any time without notice.
ADDITIONAL CHARGES: Each photo booth package fee is based on the COMPANY's pricing policy or promotional package pricing and includes the services described therein. If the fee is not based on a package but is a session fee, or other event fee, all work shall be billed in accordance with the COMPANY's hourly rate.
REMAINING BALANCE: CLIENT must pay the COMPANY the remaining portion of the Service Fee no later than fourteen (14) calendar days before the event date. Late payments may result in a penalty of $100 per week.
OUT OF STATE TRAVEL: For out of state events CLIENT is responsible for the following additional charges: airline, hotel, car rental and expenses, and $60 per diem. By entering into this Contract, CLIENT agrees to pay any additional charges incurred by the COMPANY within 10 days of CLIENT'S receipt of the COMPANY'S list of additional charges.
ATTORNEY FEES: If any action or other proceeding is brought to enforce any of the terms of this Contract, the prevailing party shall be entitled to recover such reasonable attorney fees and other costs incurred in the action or proceeding, in addition to any other relief to which the prevailing party may be entitled.
EVENT PROVISIONS AND AGREEMENTS
EVENT SCHEDULE: The CLIENT(S) agrees to confirm the schedule one-week prior to the EVENT(S). Notification of any changes in schedule or location must be made in a timely manner, and the CLIENT(S) must obtain confirmation of receipt from the COMPANY.
SERVICE PERIOD: The CLIENT(S) and the COMPANY agree that cooperation and punctuality are essential to accomplish the goals and wishes of all parties. COMPANY will arrive approximately 60 minutes before the service period begins to set up. The photo booth commences at the scheduled start time and ends at the scheduled end time. If the CLIENT(S) does not arrive at the appointed time for the EVENT(S), the Service will commence at the scheduled start time and end at the scheduled end time. All additional time beyond the scheduled end time will be billed to the CLIENT.
SERVICE AVAILABITILY: The CLIENT acknowledges that occasionally, and due to unforeseen circumstances, the Photo Booth Service may be interrupted for short periods of time for maintenance purposes (changing photo paper, adjusting camera, adjusting lighting, etc.) The COMPANY agrees to provide Service Availability for at least 90% of the Service Period.
IDLE TIME: Should the CLIENT(S) like the COMPANY to arrive earlier than the customary time to set up, or any breaks in the service period are considered idle time and will be charged at the idle hour rate of $50/hour.
INTERNET AVAILABILITY: The CLIENT acknowledges that Internet Service is required to offer the Text and Email options for our Experiences. If a good Internet Connection cannot be established at the EVENT venue, the COMPANY shall continue the session and will upload the content within 48 hours of the event.
CUSTOMIZATIONS: Custom orders require a minimum of 4 weeks or more for production of the customized items. The COMPANY reserves the right to deny a particular customization if ample time has not been given to procure and obtain a customized item.
NUMBER OF PHOTOS: Numbers of guests at the EVENT(S) and their involvement with the COMPANY varies per event. The COMPANY does not guarantee any number of photos for the hosts but will do our best to provide Service to as many guests as possible during the service period.
INHERENT QUALITIES: The CLIENT is aware that color dyes in photography may fade or discolor over time due to the inherent qualities of dyes which may deteriorate due to deamination and oxidation, and CLIENT releases the COMPANY from any liability for any claims whatsoever based upon the deterioration due to such inherent qualities.
CAPTURE AND DELIVERY: The COMPANY is not liable to deliver every image taken at the event. The determination of images delivered to the CLIENT is left to the discretion of the COMPANY.
VENUE AND LOCATION LIMITATIONS: The COMPANY's services are subject to the rules and guidelines of the location(s) and site management. The CLIENT(S) acknowledges and accepts the technical constraints imposed by these rules on the COMPANY's operations. Any negotiation with officials for guideline moderation is the sole responsibility of the CLIENT(S), with the COMPANY offering technical recommendations exclusively. The CLIENT(S) is responsible for arranging a suitable area (solid, flat ground, sheltered away from direct sunlight, measuring 10’ deep x 10’ wide x 10’ high) and power supply (120V, 10 amps, 3 prong outlet) at the designated venue for the Photo Booth at the EVENT(S). For outdoor setups, a 10’x10’ event tent will be required, with an additional expense by the CLIENT(S) of $150 to cover the cost of transportation and assembly. The COMPANY shall retain the right to refuse service is the conditions at the event are deemed unsafe by the Booth Director.
BREAKS & MEALS: The COMPANY will be allowed one 15-minute break at their own discretion, and bathroom breaks when necessary. Occasionally, operations may need to be interrupted for maintenance of the Photobooth (changing photo paper/ribbon, adjusting printer, adjusting to lighting, etc.).
For events contracted for four hours or more, the CLIENT must provide the COMPANY a full vendor meal. The CLIENT will discuss these details and meals with their caterer.
RESPONSIBILITIES: The COMPANY is not responsible for compromised coverage due to causes beyond the control of the COMPANY including but not limited to obtrusive guests, lateness of the CLIENT or guests, weather conditions, schedule complications, incorrect addresses provided to the COMPANY, rendering of decorations, or restrictions of the locations. The COMPANY is not responsible for lighting conditions which may negatively impact or restrict the photo coverage. The COMPANY will not be held accountable for failure to deliver images of any individuals at the EVENT(S).
AUTHORIZATIONS: CLIENT shall be obligated to obtain any and all necessary authorization from the property owner/representative of any location(s) where The COMPANY will be providing its services under this Contract.
LIMITATIONS OF LIABILITY
LIMIT OF LIABILITY: The COMPANY liability to CLIENT for any claim for damages, reimbursement or loss suffered, relating to or in any way arising out of the COMPANY performance under this Contract, is solely limited to a refund of the Service Fee. Because an event is an uncontrollable event, the COMPANY cannot guarantee delivery of any specifically requested image(s). CLIENT further recognizes and agrees that an entire event cannot be replicated, reenacted or repeated for the purpose of a re-shoot, and that The COMPANY has no obligation under this Contract to do so.
CERTIFICATE OF INSURANCE: The COMPANY is fully insured and can furnish the General Liability Certificate at the CLIENT’S request. The COMPANY is insured up to one million dollars ($1,000,000.00) for each occurrence and two million dollars ($2,000,000.00) in aggregate.
BOOTH DIRECTOR ILLNESS OR INJURY: In the unlikely event that the assigned Booth Director from the COMPANY is unable to perform to the guidelines of this contract due to an injury, illness, act of God, act of terrorism, or other cause beyond the control of the COMPANY, the COMPANY will make every effort to secure a replacement. If the services of an alternative local Booth Director cannot be secured, then The COMPANY shall reimburse CLIENT any and all Service Fee amounts CLIENT has previously paid to the COMPANY, and neither party shall have any further obligations or additional liability under this Contract.
INAPPROPRIATE BEHAVIOR BY GUESTS: If at any point during the event the COMPANY Booth Director and/or Assistant feels unsafe or is sexually harassed by an event guest or guests then the COMPANY Booth Director reserves the right to immediately end the services and leave. If a guest or guests are rude, the Booth Director will notify the CLIENT representative and if the rude behavior does not stop, then The COMPANY Booth Director will end the services and leave. The COMPANY will provide the products described above using the photographs obtained before the incident and CLIENT will receive no refund or partial refund.
MAJOR FORCES: In the unlikely event that digital files have been lost, stolen, or destroyed for reasons beyond the COMPANY's control, including but not limited to camera, hardware, software, or equipment malfunction, the COMPANY liability is limited to 50% of all payments received for the EVENT(S).
DAMAGE TO COMPANY'S EQUIPMENT: The CLIENT(S) acknowledges that they shall be responsible for any damages or loss to the COMPANY's equipment caused by: a) Any misuse of the COMPANY's Equipment by CLIENT(S) or person(s) at the EVENT or b) Any theft or destruction of equipment (including but not limited to props, camera, computer, and printer) by CLIENT or person(s) at the Event or c) Disaster (including but not limited to fire, flood or earthquake).
SAFETY: The COMPANY reserves to right to terminate coverage and leave the location of the EVENT(S) if the Booth Director from the COMPANY experiences inappropriate, threatening, hostile or offensive behavior from person(s) at the EVENT(S); or in the event that the safety of the Booth Director from the COMPANY is in question.
PERMITS, RELEASES, POLICIES, AND COPYRIGHTS
PERMITS: The CLIENT is responsible for acquiring all permits and necessary permission for all locations on which the COMPANY will be performing services.
COPYRIGHT: All photographs created by the COMPANY are copyright protected. Any and all rights to final or sample prints, shall remain the property of the COMPANY. The COMPANY may use any and all photographs and prints for purposes of advertising, display, stock, or for any other reasonable purpose without notification of, release by, or compensation to CLIENT.
REPRODUCTION POLICY: The CLIENT shall obtain access to a private, password-protected Online Gallery for 90 days from the time of the events for personal use only and shall not sell said images. If CLIENT is obtaining a print or image for editorial use, marketing & advertising, website, social media, the COMPANY authorizes CLIENT to reproduce the images in this manner. The CLIENT is allowed to crop and/or electronically alter the image(s) to suit their purposes for the usage stated above. In such event, CLIENT shall run a visible credit for the COMPANY adjacent to the photograph.
MODEL RELEASE: The CLIENT hereby assigns the COMPANY the irrevocable and unrestricted right to use and publish photographs of the CLIENT, guests of the CLIENT, event attendees of the CLIENT or in which the CLIENT may be included, for editorial, trade, advertising, educational and any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same without restriction. The CLIENT releases all claim to profits that may arise from use of images. The CLIENT will also assume responsibility of letting event guests and attendees of this model release information. The CLIENT is responsible for communicating to event guests and attendees the fact that images from the event will be published in an album on the COMPANY'S website.
SOCIAL MEDIA: CLIENT agrees that under no circumstances they will heavily alter the COMPANY’s photographs that are placed in public or on the internet. Photographs taken by the COMPANY need to be an accurate representation of their work so that future clients have a good understanding of their brand and style. The CLIENT agrees to be responsible for any guest who posts photographs from COMPANY online and agrees that they cannot be heavily edited in any way. This applies to social media including, but not limited to Facebook, Instagram, and blogs.
MISCELLANEOUS
EXCLUSIVITY: By signing this Contract, CLIENT agrees that the COMPANY is the exclusive professional photo booth provider for the specific event. No additional professional photo booths may be employed by CLIENT, their agents, or representatives without the COMPANY'S prior express written consent. This applies for this particular event and not for any subsequent events for which the COMPANY has not yet been retained.