RENTAL AGREEMENT "TERMS AND CONDITIONS" Wrolund Technologies Inc. DBA Hello Photo Booth
This agreement is made between Hello Photo Booths (hereinafter “Hello Photo Booth”) and the booked stated client (hereinafter “Client”, "I", "my" or "you").
The following contract and its terms will set forth an agreement between Hello Photo Booth and Client as booked for Hello Photo Booth Rental services for an event taking place at the indicated venue. This written (electronic) contract sets forth the full, intention of both parties and supersedes all other written and/or oral agreements between the parties.
The Service Period will be start time to end time as booked. We will arrive approximately one (1) hour before the service period begins. If Client would like Hello Photo Booth to arrive earlier Client will be charged for idle time at $65/hr per attendant. Occasionally, operations may need to be interrupted for maintenance of the photo booth (changing paper, cleaning screen, maintaining prop table, technical errors etc). In the event, and if by direct fault of Hello Photo Booth is unable to operate less than 50% of the time contracted the amount charged will be prorated accordingly. The maximum liability held by Hello Photo Booth is to be the return of any payments received. Hello Photo Booth will not be held liable under any contract, negligence, strict liability, or other theory 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, the subject matter of this agreement, the services provided under this agreement, or the property where these services are being performed. In addition, 1 hour is required after the conclusion of the service period for take down and removal.
A non-refundable deposit of 50% or as per the invoice of the total amount is due upon booking to secure your date. DEPOSIT IS NOT REFUNDABLE NO MATTER WHAT THE CIRCUMSTANCE. The remaining balance is due in full, 30 days before the event start date. If payment is NOT received on time, we reserve the right to cancel the booking with no refunds given unless other payment arrangements has been made and agreed upon in writing and at least 30 days before the event.
If the rental time period exceeds the service period agreed to; the overage in rental time will be billed to the Client at the hourly rate of $225 per hour or as agreed upon at event. 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 Hello Photo Booth may have, Client will pay a $100.00 fee for any and all returned cheques.
UNLIMITED PRINTING - DEFINITION
Printing is as per the event booking details. Unlimited printing is a "fair use policy" meaning each photo session will have 1 printed photo. Additional charges will apply if client wants to print as many photos as you want. E.g. if you take 100 photos and want 5 printed copies of each, client will pay for the extra 400 photos as 100 prints are included.
REFUNDS, DATE CHANGES & CANCELLATIONS
NO REFUNDS OF ANY DEPOSITS NO MATTER WHAT THE CIRCUMSTANCE.
1) if cancellation occurs between +365-181 days before the event date, the client will only lose the deposit.
2) if cancellation occurs between 180-121 days before the event date, the client lose deposit AND shall be liable to pay 50% of the remaining total payable.
3) if cancellation occurs within 120 days of the event start date, the client shall be liable to pay 100% of the total payable.
Date changes might only happen if:
a) Hello Photo Booth is notified in writing at least 120 days in advance of event date
b) new date is within 3 months from the original date; and
c) subject to availability.
If there is no availability for the alternate date, the deposit shall be forfeited and event is cancelled. Cancellation policy still apply as above.
The client shall provide Hello Photo Booth with a suitable parking space for a transit styled van within 25m of the venue. The walking route to the venue shall be free of any obstacles and shall be safe. Parking shall be provided, at the client’s expense for the duration of the event/or any period where Hello Photo Booth is required to be on site in order to fulfill the event. Hourly charges at $65/hr will apply if there is no close access.
ACCESS, WIFI, SPACE & POWER FOR PHOTO BOOTH
Client will arrange for an appropriate space (20'x20' is ideal but 10’ x 10’ is minimum) for the photo booth at event's venue. Required space must be level, dry and free from weather elements. Client is responsible for providing 2 sturdy tables (8x3 or 6x3) capable of supporting at least 40 pounds. Client also agrees to provide a drinks table. Client also agrees to provide table linens for all tables that coordinate with the color scheme. Client is responsible for ensuring a strong WiFi connection is available that Hello Photo Booth can connect to. Client is responsible for ensuring a dedicated power (not shared with other devices) is available for the photo booth, (115V/120V, 15 amps, 3-prong outlet within 6 to 10 feet of desired set-up area). All electrical must adhere to contemporary safety standards and supplies at least 15 amps. Client accepts full responsibility and is liable for any damages, injuries or delays that occur as a result of failure to comply with these provisions. Sufficient lighting is needed for quality of photos from photo booth. Client agrees to make sure lighting (and on/off switch) is available near photo booth.
Please inform the Hello Photo Booth of any circumstances that would make setting the hired equipment more demanding. This includes going long distances determined solely by Hello Photo Booth. Hello Photo Booth allocates a set period of time (45min) for setting up the hired equipment which is included within your original price, if there are any complications that are not made known to the company beforehand then time taken will come out of the operating time or charged extra at $65/hr.
No stairs allowed. Inform us at the time of booking if you have stairs and how many. Event is subject to cancellation if stairs are present, which is not Hello Photo Booth's fault. No refunds. Cancellation policy applies.
Children are allowed and if left unsupervised you must discuss this prior to the event with Hello Photo Booth.
Client is responsible for all cleaning during and after event. It also includes picking up and clearing guests' drinks, cups and other rubbish around the photo booth area during the event. Failure to abide will result in immediate shutdown until area is clean again (or result in permanent shutdown) and extra charges at $150 per 30 min apply.
DAMAGE AND THEFT OF EQUIPMENT
Client acknowledges that it shall be responsible to pay for any damage, theft or loss to Hello Photo Booth's equipment caused by Client or its guests. Hello Photo Booth will in its sole discretion determine if equipment can be repaired or needs to be replaced. Extra fees for either repair or replacement will apply and must be paid in full within 3 days. Hello Photo Booth does expects reasonable wear and tear on props.
BEHAVIOR (AND INAPPROPRIATE BEHAVIOR) OF GUESTS
To protect our staff, Client is responsible for the behavior of its guests. Inappropriate behavior includes, but not limited to; damages and theft of equipment, rough handling of props and equipment, aggressiveness, intoxication, rudeness, spillage, foul language and/or if guests are in general unable to comply with Hello Photo Booth's instructions. Failure to comply will result in immediate shutdown. Full payment is required. No refunds whatsoever.
Release of Liability, Waiver of all Possible Claims and Assumption of Risk.
I, the client, acknowledge and accept that there is a risk that I and my guests could be exposed to COVID-19 while using Hello Photo Booth. I also acknowledge and accept that while receiving services, the Hello Photo Booth may need to be closer than the recommended social distancing guidelines in order to provide service. I acknowledge and confirm that I am willing to accept this risk as a condition to receive services from Hello Photo Booth.
In consideration of the Hello Photo Booth service, I agree to release the Hello Photo Booth and (if applicable), their officers, directors, employees, agents and volunteers from any and all causes of action, claims, demands, requests, damages or any recourse whatsoever in respect of any personal injuries or other damages which may occur or arise as a result of exposure to COVID-19 during and/or through the provision of services to me by the Hello Photo Booth.
I do hereby acknowledge and agree that notwithstanding the generality of the foregoing, I declare that I will not commence litigation or otherwise seek to recover damages or other compensation against the Hello Photo Booth based on any action, claim, demand, request, loss or any recourse whatsoever arising from any potential or actual exposure to COVID-19 while and/or through the provision of services to me by the Hello Photo Booth.
I further acknowledge that Hello Photo Booth can rely on this Release of Liability, Waiver of all Possible Claims and Assumption of Risk as a complete defense to any and all claims, damages, causes of action, or recourse or liability that may arise at any time. I have carefully reviewed this Release of Liability, Waiver of all Possible Claims and Assumption of Risk and acknowledge that I fully understand the terms as set out above. I acknowledge that I am signing and submitting this Release of Liability, Waiver of all Possible Claims and Assumption of Risk voluntarily via electronic submission.
Client agrees to, and understands the following:
- Client will indemnify Hello Photo Booth against any and all liability related to Client's Event during or after Client's event. Client will indemnify Hello Photo Booth from the time of service and on into the future, against any liability associated with Client.
- Client will indemnify Hello Photo Booth against any and all liability associated with the use of pictures taken within the Hello Photo Booth its representatives, employees or affiliates at Client's event.
Hello Photo Booth retains the rights to all photos taken, and may post them on websites, blogs, advertising, social media and anywhere else.
Client agrees to assume full responsibility and liability for any and all claims arising out of the use of the service. Hello Photo Booth will not be held liable for any injury, loss or damage directly or consequently arising out of the use or rental of the service. Client will indemnify Hello Photo Booth against, and hold Hello Photo Booth harmless from all claims, actions, proceedings, costs, damages, and liability including attorney’s fees, arising out of, in connections with, or resulting from the rental of Hello Photo Booth’s equipment and services.
Prior to Client's event Hello Photo Booth emails a checklist to help Client prepare and CONFIRM any details before the event. By submitting the checklist client also agrees a 2nd time with this Rental Agreement (terms and conditions).
Client & Hello Photo Booth agree that client shall procure, at their expense, adequate general liability insurance naming Hello Photo Booth & its attendance as additional insured against any & all claims for bodily injury & property damage occurring in, or arising out of Hello Photo Booth performance of this agreement. Client agrees to indemnify & hold Hello Photo Booth harmless from all losses &/or damages incurred as a result of client’s failure to procure adequate insurance pursuant to this provision.
Fuel surcharge and other extra costs such as, but not limited to; staff overtime may apply at Hello Photo Booth’s sole discretion. Hello Photo Booth operate from Campbell River and surcharges are calculated from this city.
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 enforce-ability 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 50% of the Service Period, Client shall be refunded a prorated amount based on the amount of service received.
By providing payment client agrees client has read and understood the agreement and agree to the terms and conditions in their entirety.