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PHOTO BOOTH SERVICE CONTRACT

The following contract and its terms will set forth an agreement between CentralCalPhotoBooth.com (Provider) and Client

(the parties), for photo booth services for an event taking place. 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 PERIOD

The Service Period will be from these times to be outlined by customer below, on Date & Time

. We will arrive approximately 1 hour before the service period begins. If you would like us to arrive earlier you will be charged for idle time (see next page). Provider agrees to have a Duque Dj & Event Services/ CentralCalPhotoBooth.com Service operational for a minimum of 80% during this period; occasionally, operations may need to be interrupted for maintenance of the Photo Booth (changing photo paper, adjusting camera, adjusting printer, etc).

PAYMENT

A non-refundable retainer in the amount of $100 is due upon signing of this contract for photo booth. For slow motion booth $300 retainer is expected. The remaining amount is due 10 days prior to your event. If payment is received after this date, client may be subject to a 10% late penalty fee. If payment is received after the date of your event, you are subject to a late penalty fee of 10% of the balance due PER DAY. We accept checks, Visa, Mastercard, American Express and Discover via SquareUp or Paypal Card Readers. A 3% charge will be applied for all card swipes. We do not secure your date on our calendar until the deposit is received.
If the rental time period exceeds the service period agreed to in the invoice below, the overage in rental time will be billed to the operator at the hourly rate of $200 per hour, billed in half-hour increments of $75.00. Payment for any overage in time must be paid before additional hours are provided. Client agrees that in addition to any and all other legal rights and remedies Provider may have, Client will pay a $45.00 fee for any and all returned checks.

ACCESS, SPACE & POWER FOR PHOTO BOOTH

Client will arrange for an appropriate space for the Photo Booth at event's venue. The 5-8 person traditional photo booth requires a space 8 ½’ deep x 8 ½’ wide x 6 ½’ high. The 2-8 person group photo booth requires a space 8’ deep x 8’ wide by 7’ tall. Client is responsible for ensuring power is available for the Photo Booth. (110V, 5 amps, 3 prong outlet).

SLOW MOTION 360 requires minimum 10x10 space and access to electrical outlets. Please notify if no stairs are available and excess of stairs may require a surcharge.

DATE CHANGES & CANCELLATIONS

Any request for a date change must be made in writing at least thirty 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, the retainer shall be forfeited and event cancelled. Any cancellation occurring less than thirty days prior to the event date shall forfeit all payments 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 b) Any theft or disaster (including but not limited to fire, flood or earthquake).

INDEMNIFICATION

Client agrees to, and understands the following:

• a) Client will indemnify provider against any and all liability related to Client's Event during or after Client's event. Client will indemnify Provider from the time of service and on into the future, against any liability associated with Client.
• b) Client will indemnify Provider against any and all liability associated with the use of pictures taken within the Fun Photo Booth its representatives, employees or affiliates at Client's event.

MODEL RELEASE OPTION

We realize some clients want the photos from their event to remain private, which is why we have the option above. We'd love to use your photos on our web site, but understand your privacy. Client agrees to, and understands the following: All guests using the photo booth hereby give to Duque dj Event Services/Central Cal Photo Booths: 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 save harmless Fun Photo Booths, 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.

MISCELLANEOUS TERMS

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. In the event Provider 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 the printer fails to print out photos on site the Provider will be allowed to give a web site to the client where there guests can log onto and order prints free of charge with free shipping as well as the ability to download the digital files for their own use.

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