audio guestbook event terms & conditions

The person(s) whose name appears on the Order Form, known as “Client,” agree that WMJ Photo Booth, LLC (“Company”) will provide Audio Guestbook Services ("AGS") to the best of its abilities, in the manner described in these Terms & Conditions.

TERMS ACCEPTANCE

Payment of deposit is considered acceptance of these terms and conditions. Terms are subject to change and periodic update.

SERVICE PERIOD 

Pursuant to the responsibilities of the Client, Company agrees to have AGS operational throughout scheduled time of event. Client understands that, occasionally and if deemed necessary by Company, operations may need to be interrupted for maintenance of AGS and/or AGS accessories.  During the service period, live phone support will be made available to Client by contacting the assigned Company contact by phone or email. It is the Client's responsibility to monitor and inform Company of any problems encountered immediately.

RETAINER AND PAYMENT 

A non-refundable deposit in the amount of 25% of total invoice price is due upon signing of contract. Should the contract be signed but a deposit not be received within reason, Client forfeits the event date and services. The remaining invoice balance is preferably due ten (10) days in advance of Client’s event.

1.Should the remaining amount still not be provided within ten (10) days of the event, a late fee in the amount of $50 may be assessed.

2. Unless otherwise agreed to between Client and Company, should client not remit payment within one (1) day of event, Client forfeits the event date and services.

3. Should the event run longer than booked, the Client is liable for any overage in time at the cost of $100 per hour, which will be billed in half-hour increments.

Client agrees that in addition to any and all other legal rights and remedies Company may have, Client will pay a $50 fee for any and all returned checks which Client may write to Company as payment for services.

Payments are remittable and accepted as follows:

Venmo - @wmjphotobooth or @kristenmariejones

Check or Money Order Made Payable to: WMJ Photo Booth, WMJ Photo Booth, LLC or Kristen Marie Jones

For Venmo or Check/Money Order Payments, please include your name and event date.

Credit card/debit card payments may be accepted through PayPal, with Client responsible for any PayPal processing fee(s). 

CHANGES AND CANCELLATIONS  

Any request for a date, time, or location change must be made in writing at least thirty (30) days in advance of the original event date. Change is subject to Company availability and receipt of a new Service Contract or Invoice. If cancellation is more than thirty (30) days before the original event date, all monies paid will be returned within thirty (30) days except for the non-refundable deposit. If cancellation is less than thirty (30) days of the event, all monies paid is non-refundable. Should Company no longer be able to fulfill services, Company shall notify Client immediately, and Client shall be refunded all monies paid, including the deposit, within ten (10) business days.  

DAMAGES TO COMPANY PROPERTY 

In the event the Client, or any person(s) associated to Client or Client’s event (such that being guest, another vendor, etc) causes damages to the ABS, displays, or any physical or intangible property associated with Company, the Client shall be held responsible and understands and agrees to reimburse in full the costs associated with the damages including but not limited to repairs, insurance claims, etc.  Damages include a) any misuse, or unintentional damage of audio booth phone, wires, cords, chargers, tables, battery packs, or any other equipment provided by Company 

("Property"); b) any theft or disaster of Property (including but not limited to power surge, fire, drinks spilled on equipment); or any accidental loss resulting in missing or misplaced Property.

The Client understands and agrees that Company may suspend, pause, or otherwise end the rental period and operation for Company protective measures at any time if malicious or non-malicious intent is foreseen, or any actions in which damage is foreseen to occur, whether knowingly or unknowingly, to Company property. 

EQUIPMENT GUARANTEE

Company guarantees full working condition of the phone and all equipment used to provide the AGS, including its ability to be powered, as well as the ability for guests to record messages up to two and a half minutes in length throughout the duration of the time booked. Proper operation of the phone includes picking up the handset, listening to the ring and voicemail recording, waiting for the beep, speaking clearly into the phone, and then hanging up the phone to save the message. Company makes no guarantee for any item outside of the aforementioned normal operations of the AGS, and under no circumstances will be responsible for any of the following: Unsaved or unrecorded messages due to guests not properly handing up the phone; placement of phone in an area where guests are low-trafficked and resulting in only a few guest messages; any specific number of final recorded messages; loud background noise from placement of phone near speakers or in an otherwise unusually loud environment; non-use or disconnection of the phone by choice or otherwise; or any other scenarios that would be outside of Company's ability.

PARKING 

Client shall provide parking for Company’s vehicle while at Client’s Event, including set-up and take-down times. The parking space shall be within close proximity to the venue, and Client shall provide any necessary parking permit or pass, at Client’s expense, prior to the event date. 

ONLINE GALLERY  

Upon receiving downloadable files, Client accepts all responsibility for archiving and protecting the files. Company is not responsible for the lifespan of the Client’s files or any other digital media provided for any future changes in digital technology or media readers that might result in an inability to read discs provided. It is Client’s responsibility to make sure that files are copied to new media as required.  

MODEL RELEASE   

Company reserves the right to use images produced with its Audio Booth under this Agreement to transfer to a third-party, host, store, cache, reproduce, publish, display (publicly or otherwise), perform (publicly or otherwise), distribute, transmit, modify, adapt, and create derivative works, and to reproduce the same images, in each case for the purpose  of promoting the Company, its services, and other good faith business purposes. CLIENT WARRANTS THAT IT HAS ACTUAL AUTHORITY TO AGREE TO THE USE OF THE LIKENESS OF ALL PERSONS AND VOICES INCLUDED IN THIS MANNER AND SHALL INDEMNIFY THE COMPANY IN ACCORDANCE WITH THE INDEMNIFICATION CLAUSE PROVIDED IN THIS AGREEMENT BELOW.   

LIMITATION OF LIABILITY; WAIVER  

UNDER NO CIRCUMSTANCES, EXCEPT AS OTHERWISE STATED IN THIS AGREEMENT, WILL THE COMPANY NOR ANY OF THEIR EMPLOYEES, MANAGERS, OFFICERS OR AGENTS BE LIABLE TO THE CLIENT FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR   ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE AUDIO BOOTH SERVICE; (B) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS, INCLUDING WITHOUT LIMITATION, ANY INTELLECTUAL PROPERTY RIGHT, PUBLICITY, CONFIDENTIALITY, PROPERTY OR PRIVACY RIGHT; (C) ANY ERRORS OR OMISSIONS IN THE SERVICE'S OPERATION; OR (D) ANY DAMAGE TO ANY USER'S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY. IN NO EVENT WILL THE COMPANY BE LIABLE TO CLIENT OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO CLIENT. CLIENT AGREES TO DEFEND (AT COMPANY’S REQUEST), INDEMNIFY, AND HOLD THE COMPANY, ITS EMPLOYEES, MANAGERS, OFFICERS, AND AGENTS, HARMLESS FROM AND AGAINST ANY CLAIMS, LIABILITY, DAMAGES, LOSES, AND EXPENSES, INCLUDING WITHOUT LIMITATION, REASONABLE ATTORNEY’S FEES AND COSTS, ARISING OUT OF OR IN ANYWAY CONNECTED WITH ANY OF THE LIABILITY STATED ABOVE, INCLUDING BUT NOT LIMITED TO ANY ACTION TAKEN IN CONNECTION WITH THE MODEL RELEASE PROVIDED IN THIS AGREEMENT, COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS, INCLUDING WITHOUT LIMITATION, ANY INTELLECTUAL PROPERTY RIGHT, PUBLICITY, CONFIDENTIALITY, PROPERTY OR PRIVACY RIGHT. Prior to any party commencing an action, each party shall meet in a good-faith attempt to resolve their differences. Should both parties be unable to resolve their dispute, both parties agree to submit their dispute to a neutral mediator. Both parties agree to the jurisdiction, venue, and choice of law of Company’s principal place of business at the time of the execution of this Agreement. 

Last update: February 15, 2025