The following Terms and Conditions, as set forth below, constitute your agreement as a Client of TAG ME PHOTOBOOTH (“Client”) with us TAG ME PHOTOBOOTH (“Provider”) regarding the services which we offer and provide. These Terms and Conditions shall only come into effect once a signed and dated contract has been executed between Client and Provider. Please read carefully, as Client, upon acceptance of the contract, agrees to be bound by the following:
A non-refundable deposit will be required upon submission of the contract. Final payment is due the day of the event.
Client agrees that in addition to any and all other legal rights and remedies Provider may have, Client will pay a $50.00 fee for any and all returned checks which Client may write to Provider as payment for any service by Provider or rental of Provider's equipment.
DATE CHANGES & CANCELLATIONS
Any request for a date change must be made in writing at least Thirty (30) days in advance of the original event date. Change is subject to photobooth availability, and receipt of a new Service Contract. If there is no availability for the alternate date, the deposit shall be forfeited and event cancelled. Any cancellation occurring less than Thirty (30) days prior to the event date shall forfeit all payments received.
Client will arrange for an appropriate space for the photo booth at event's venue. Client is responsible for providing power for the photo booth. (Use of a 3 prong outlet is required,) and for providing sufficient space for the photobooth location (a 5x5 foot minimum space for an open booth, and a 10x10 foot minimum space for a closed booth.) In the event of an outdoor event, Client is responsible for providing a level area of ground for photo booth and a roof, awning, or canopy for potential inclement weather. In the event of rain or poor weather shelter is to be provided by the client/venue. Company is not liable for any temporary interruption to services due to inadequate AC power or due to weather conditions.
DAMAGES AND INDEMNIFICATION
Client acknowledges that it shall be responsible for any damage or loss to the Provider's Equipment caused by any misuse of the Provider's equipment by Client or its guests, both invited and uninvited. Client shall indemnify and hold Provider harmless from and against any and all claims, judgments, awards, costs, expenses, damages and liabilities (including reasonable attorney fees) of whatsoever kind and nature that may be asserted, granted or imposed against Provider directly or indirectly arising from or in connection with Client's use of the TAG ME PHOTOBOOTH and all included services provided, or any breach of this Agreement by Client.
Client acknowledges Provider shall have the right to decline service, at Provider’s sole discretion, to Client's guests (invited or uninvited,) for misuse, inappropriate photos, or unruly behavior.
SCOPE OF WORK
Provider agrees to provide Client the following items:
• Delivery, Assembly and Clean-up of Photobooth
• Unlimited Prints
• Online Gallery
• Photobooth Attendant
• Custom Photo Strip Design
• Add-Ons Purchased if any
1. Provide a fully operational photobooth (including all photos) within the rental agreement for no additional charge or fee. Client is aware that onsite maintenance and/or servicing of the photo booth may be required and acknowledges that, as a result, minor delays and/or interruptions in service may be experienced. However, Provider will seek to fulfill the full duration of time contracted herein even in the event of delays/interruptions.
2. Provide an onsite attendant to monitor the photobooth, assist guests in using the photo booth, and perform any necessary maintenance throughout the time of the event.
3. Coordinate set-up and removal of photobooth within designated time frame.
Neither Client nor Provider shall be liable for failure of or delay in performing obligations set forth in this Agreement, and neither shall be deemed in breach of its obligations, if such failure or delay is due to natural disasters or any causes reasonably beyond the control of Client or Provider
LIMITATION OF LIABILITY
The total liability of Provider to Client from any cause whatsoever, will be limited to the lesser of Client’s actual damages or the price paid to Provider for use of the TAG ME PHOTOBOOTH. In no event will either party be liable for SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, including but not limited to loss of profits, revenues, data or power, damage to or loss of the use of products, damage to property, claims of third parties, including personal injury or death, suffered as a result of provision of the aforementioned services.
Time for Claims - All claims against Provider must be brought within One (1) year after the cause of action arises and Client waives any statute of limitations which might apply by operation of law or otherwise.
CHOICE OF LAW
This Agreement shall be construed in accordance with the laws of the State of California.
We will keep your personal data safe to the best of our abilities. We may use your personal information from time to time to send you offers, specials, discounts, coupons, etc., but will never release it to third-parties for marketing purposes.
We realize some Clients, as well as their guests, wish the photos to remain private. We'd love to use your photos on our web site, but understand your privacy. Client will have the option to allow this in the Contract, and will be asked to accept or refuse the following:
Client understands, and agrees to, the following: All guests using the TAG ME PHOTOBOOTH hereby give 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. In addition, Client hereby releases, discharges and agrees to hold Provider harmless, from any liability or potential liability, that may occur or be produced in the use of the TAG ME PHOTOBOOTH, or in any subsequent processing thereof, as well as any publication thereof, including without limitation any claims for libel, copyright infringement, or invasion of privacy.
TAG ME PHOTOBOOTH