RENTAL AGREEMENT
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The following contract and its terms will set forth an agreement between Seize Every Second Photo Booth ("Provider" or "We") and CLIENT ("you" or "your") (individually a "party" and collectively, the "parties"), for photo booth services. This written contract sets forth the full, written intention of both Parties and supersedes all other written and/or oral agreements between the parties.
Service – Provider will arrive approximately 45-90 minutes prior to your requested start time (to be finalized at a later date) on the date of your rental, DATE. If the Client would like the Provider to arrive earlier, the Client will be charged at our current hourly "non operational" rate of $75 per hour. Provider agrees to have a photo booth operational for a minimum of 85% during this 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.
Access, Space and Power for the Photo Booth – 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.
Client will arrange for an appropriate space for the Photo Booth at the event’s venue. The photo booth requires a space 10’ deep x 8’ wide x 8’ high. Client is responsible for ensuring power is available for the Photo Booth. (110V, 5 amps, 3 prong outlet on a dedicated circuit). If the Photo Booth is to be placed outdoors, Client agrees to provide complete overhead coverage for the photo booth and backdrop for the duration of the event.
Payment Terms
Service Fee: The service fee shall be outlined in the Client invoice. The service fee will encompass only items and/or services included within the Client invoice. No items/services shall be agreed to outside of the Client Invoice whether written, oral or applied.
The Provider will be under no duty to perform its obligations under this Agreement until such time as Client has paid the service fee in full. Making payment upon this contract and invoice solidifies this agreement.
Retainer: A retainer of 25% is due immediately upon the signing of the Agreement. The retainer shall be applied towards the Service Fee. The retainer is non refundable in the instant where Client decides to cancel services, the retainer and all fees collected by the Provider shall be retained for value received.
Remaining Balance: Client agrees to pay to Provider any and all remaining fees owed no later than 30 days prior to the lease start date of .
Change of Date
If subsequent to this Agreement, the Client changes the date of the service, The Provider will make best efforts to accommodate Client and provide services on the changed date. If the Provider is not available on the new event date, the Provider shall be entitled to keep the initial retainer, or 25% of the total Service Fee and neither party shall have any further liability or obligation under this Agreement.
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 included in the Client invoice.
Cancelation
If Client cancels the event or this Agreement, Client shall immediately notify the Provider of such cancellation in writing. In the event that Client cancels the event less than six months prior to the reserved lease date, the Client agrees to forfeit the greater of the Retainer or 25% of the Service Fee plus 100% of all custom orders including custom backdrops, custom props, custom design work, custom wraps, etc. to the Provider for value received. In the case of cost work, Provider agrees to provide to the Client all Custom products upon payment.
Major Forces
Neither the Provider nor Client shall be held responsible or liable if the fulfillment of any terms or provisions of this Agreement are delayed or prevented by revolutions or other disorders, wars, acts of enemies, fires, floods, acts of God, or without limiting the foregoing by any other cause not within the control of the party whose performance is interfered with, and which by the exercise of reasonable diligence, the party is unable to prevent, whether of the class of causes enumerated before or not. In the event the events contemplated by this paragraph occur, the Provider shall be entitled to retain the the greater of the Retainer or 25% of the Service Fee to the Provider for value received.
Damage to Provider’s Equipment – Client acknowledges that it shall be responsible for any damage or loss to the Provider’s Equipment caused by: a) Any misuse of the Provider’s Equipment by Client or its guests or theft.
Indemnification – Client shall indemnify Provider against any and all liability arising from Client's negligence or willful misconduct related to Client’s Event. Provider shall indemnify, defend and hold harmless Client, its parent company, affiliates, subsidiaries, agents and guests from any loss, damages, claims, liability, costs arising from or related to Providers, including, but not limited its staff's negligence or willful misconduct related to the services provided under this contract.
Model Release – Client agrees to, and understands that all guests using the photo booth/studio or other equipment hereby give to 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 I, hereby release, discharge and agree to hold harmless Provider, 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.
Attire – Staff will wear appropriate clothing to every event whether it’s formal or non formal. The following will consist of black slacks/ or jeans, skirt, black shoes and SES shirt with logo.
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Internet Access
When applicable, the Provider's Photo Kiosk requires reliable access to the AT&T cellular data network's Internet connection to when sending Image files instantly. In the event that Internet is not available, SMS and Email will queue all submissions and be sent once Internet becomes available. Client understands that the Provider is not responsible for Internet Reliability and cannot guarantee that reliable Data Signals will available in all locations. If no 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.
Liability and Indemnity
Client agrees that the Provider's maximum liability for any claims, breaches or damages by reason of any act or omission, including breach of contract or negligence, shall be limited to the dollar amount paid by Client pursuant to this Agreement. Client agrees that Provider shall not under any circumstances be liable for any claims for emotional distress, mental anguish, punitive damages, consequential damages, lost profits, loss of enjoyment, lost revenues and/or replacement costs.
Client agrees to indemnify, defend and hold harmless Provider, its employees and agents for any injury, disability, death, property damage, liability, claim or other cause of action arising out of or related to Provider's events or caused by the operating, handling, or transporting the equipment during the term of this Lease, including but not limited to, damages caused by the actions of the Provider or other third parties at the Event and the online posting of images from the Event. Client acknowledges and agrees that these limitations and requirements reflect a fair allocation of risk and that the Provider would not enter into this Agreement without these specific limitations on its liability and indemnification requirements.
Entire Agreement and Modification
This Agreement constitutes the entire agreement between the parties. No modification or amendment of this Agreement shall be effective unless in writing and signed by both parties. This Agreement replaces any and all prior agreements between the parties whether written or oral.
Warranty
The Provider warrants that the above property is in good working condition, but makes no further warranties, express or implied.
Rights on Default
In addition to any other rights afforded the Provider by law, if the Client is in default under this Agreement, without notice to or demand on the Client, 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. The rights and remedies of the Provider provided by law and this Agreement shall be cumulative in nature.
Right to Safe Work Environment
Client will be responsible for and shall ensure that Provider's employees, representatives, agents or contractors are provided a save work environment free from hazards, attacks, threats of violence or any harassment sexual, racial or otherwise in nature. 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. No refunds will be made in whole or in part and all monies paid will be retained for value received. The rights and remedies of the Provider provided by law and this Agreement shall be cumulative in nature.
Governing Law
This Agreement shall be construed in accordance with the laws of the State of Kentucky.
Severability
If any portion of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision, it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
Waiver
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.
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Equipment
The equipment subject to this lease is outlined in the Client Invoice.
Lease Term
This Lease shall begin and terminate on the below effective date(s), unless otherwise terminated in a manner consistent with the terms of this Agreement.
Drop off and set up date: DATE
Tear down and pick up date: DATE
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NOTE: You must schedule a 60 minute window for pick up and drop off between the hours of 10:00AM and 6:00PM PST, unless otherwise noted in the Client invoice. Once onsite, setup will take between 30 and 120 minutes.
Access, Space and Power for the Photo Booth
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. Client will arrange for an appropriate space for the Photo Booth at the event’s venue. The photo booth requires a space 8’ deep x 8’ wide x 8’ high. Client is responsible for ensuring power is available within 10' from the Photo Booth. (110V, 5 amps, 3 prong outlet on a dedicated circuit). If the Photo Booth is to be placed outdoors, Client agrees to provide complete overhead coverage for the photo booth and backdrop for the duration of the event.
Return of Equipment
At the end of the Lease term, the Provider shall be obligated to pick up the equipment, at the same location of set up, at the Provider's expense.
Payment Terms
Service Fee: The service fee shall be outlined in the Client invoice. The service fee will encompass only items and/or services included within the Client invoice. No items/services shall be agreed to outside of the Client Invoice.
The Provider will be under no duty to perform its obligations under this Agreement until such time as Client has paid the service fee in full. Making payment upon this contract and invoice solidifies this agreement.
Retainer: A retainer of 25% is due immediately upon the signing of the Agreement. The retainer shall be applied towards the Service Fee. The retainer is non refundable in the instant where client decides to cancel services, the retainer and all fees collected by the Provider shall be retained for value received.
Remaining Balance: Client agrees to pay to Provider any and all remaining fees owed no later than 30 days prior to the lease start date of .
Change of Date
If subsequent to this Agreement Client changes the date of the lease, The Provider will make best efforts to accommodate Client and provide services on the changed date. If the equipment is not available on the new event date, the Provider shall be entitled to keep the initial retainer, or 25% of the total Service Fee and neither party shall have any further liability or obligation under this Agreement.
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 included in the Client invoice.
Cancelation
If Client cancels the lease or this Agreement, Client shall immediately notify the Provider of such cancellation in writing. In the event that Client cancels the event less than six months prior to the reserved lease date, the Client agrees to forfeit the greater of the Retainer or 25% of the Service Fee to the Provider for value received.
Major Forces
Neither the Provider nor Client shall be held responsible or liable if the fulfillment of any terms or provisions of this Agreement are delayed or prevented by revolutions or other disorders, wars, acts of enemies, fires, floods, acts of God, or without limiting the foregoing by any other cause not within the control of the party whose performance is interfered with, and which by the exercise of reasonable diligence, the party is unable to prevent, whether of the class of causes enumerated before or not. In the event the events contemplated by this paragraph occur, the Provider shall be entitled to retain the the greater of the Retainer or 25% of the Service Fee to the Provider for value received.
Liability and Indemnity
Client agrees that the Provider's maximum liability for any claims, breaches or damages by reason of any act or omission, including breach of contract or negligence, shall be limited to the dollar amount paid by Client pursuant to this Agreement. Client agrees that Provider shall not under any circumstances be liable for any claims for emotional distress, mental anguish, punitive damages, consequential damages, lost profits, loss of enjoyment, lost revenues and/or replacement costs.
Client agrees to indemnify, defend and hold harmless Provider, its employees and agents for any injury, disability, death, property damage, liability, claim or other cause of action arising out of or related to Provider's events or caused by the operating, handling, or transporting the equipment during the term of this Lease, including but not limited to, damages caused by the actions of the Provider or other third parties at the Event and the online posting of images from the Event. Client acknowledges and agrees that these limitations and requirements reflect a fair allocation of risk and that the Provider would not enter into this Agreement without these specific limitations on its liability and indemnification requirements.
Entire Agreement and Modification
This Agreement constitutes the entire agreement between the parties. No modification or amendment of this Agreement shall be effective unless in writing and signed by both parties. This Agreement replaces any and all prior agreements between the parties whether written or oral.
Internet Access
The Provider's Photo Kiosk requires reliable access to the AT&T cellular data network's Internet connection to send Image files instantly. In the event that Internet is not available, SMS and Email will queue all submissions and be sent once Internet becomes available.
Client understands that the Provider is not responsible for Internet Reliability and cannot guarantee that reliable Data Signals will available in all locations.
If no coverage becomes available at the location the equipment is to be used, the Provider will send all digital copies to Client and guests within seven days of the lease conclusion.
Care and Operation of Equipment
The equipment may only be used and operated in a careful and proper manner. Its use must comply with all laws, ordinances, and regulations relating to the possession, use, or maintenance of the equipment, including registration and/or licensing requirements, if any.
Assignment
TheClient shall not assign or sublet any interest in this Lease & Agreement or the equipment or permit the equipment to be used by anyone other than the Client or
Client's employees or guests within the Client's presence, without Provider's prior written consent.
Warranty
The Provider warrants that the above property is in good working condition, but makes no further warranties, express or implied.
Risk of Loss or Damage
The Client assumes all risks of loss or damage to the equipment from any cause, and agrees to return it to the Provider in the condition received from the Provider.
Late Return Charge
If the equipment is not available to be collected within 30 minutes of the agreed 60 minute pick up window following the termination of this lease, the Client shall pay to the Provider a service charge of $195 per day until the equipment is returned. If multiple units or other equipment have been leased, Client agrees to pay the Provider at the full daily rate for each item until the item or equipment is returned.
Acceptance of the Equipment
The Client shall inspect each item of equipment delivered pursuant to this acceptance. The Client shall immediately notify the Provider of any discrepancies between such item of equipment and the description of the equipment in the Equipment Acceptance Form . If the Client fails to provide such notice before accepting the equipment, the Client will be conclusively presumed to have accepted the equipment as specified in the Equipment Acceptance Form and will thus be responsible for all damages observed upon collection of the equipment.
Indemnity of Provider for Loss or Damage
Unless otherwise provided in this Agreement, if the equipment is damaged or lost, the Provider shall have the option of requiring the Client to pay for the cost to repair the equipment to a state of good working order, or to pay the cost to replace defective or lost equipment with like equipment.
Client acknowledges that normal wear and tear, minor surface scratches and smudges are expected and will not incur any fees.
A lost or stolen unit will incur a replacement fee
of $4,000 and will be due immediately following the conclusion of this Agreement. Fees for other repairs and replacements are as follows:
Dent Repair: $350
CPU/Tablet Replacement: $800
CPU/Tablet Screen Repair: $500
Ring Light Replacement: $250
Replacement of Bolt/Screw Kit: $20
Transport Case: $450
Placement of Equipment
Client agrees that they or no party or representative of the client will attempt to move, disassemble, repair or otherwise disturb the photo kiosk or another equipment represented in the Client invoice before, during or after the rental period. If the kiosk needs to be moved or repaired, arrangements must be made with the Provider. Disassembling or moving the photo kiosk or backdrop will result in a $100 fee per occurrence.
Rights on Default
In addition to any other rights afforded the Provider by law, if the Client is in default under this Agreement, without notice to or demand on the Client, 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. The rights and remedies of the Provider provided by law and this Agreement shall be cumulative in nature.
Governing Law
This Agreement shall be construed in accordance with the laws of the State of Nevada.
Severability
If any portion of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision, it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
Waiver
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.