The person(s) whose name appears on the Order Form, known as “Client,” agree that WMJ Photo Booth, LLC (“Company”) will provide photobooth services 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 a photobooth operational throughout scheduled time of event. Client understands that, occasionally, operations may need to be interrupted for maintenance of the photobooth and/or photobooth accessories.
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 photobooth 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 Photobooth, displays, or any physical or intangible property associated with Company, the Client understands and agrees to reimburse in
full the costs associated with the damages including but not limited to repairs, insurance claims, etc.
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.
BACKDROP RENTAL AND USAGE
Adequate space must be provided for usage of our backdrops. Backdrops must have space that includes at least 9ft of height and 9ft width of space. There must be at least 9 ft of depth to include photo booth and accessories. Backdrops will not be used for any outdoor event. Company reserves the right to refuse backdrop set-up if such conditions are not met. Backdrops provided by the Client may be used upon advance notice to Company. Client has full responsibility of setting up and securing their own backdrop in advance of Company's arrival. Company will not set up Client's provided backdrop. In the event the backdrop provided by the Client is deemed unsecure, unreliable, or unfit by Company's standards, Company reserves the right to refuse placing photo booth or accessories near it.
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.
PHOTOBOOTH ACCESS, SPACE AND POWER
Client shall arrange for an appropriate space for the photobooth and/or accessories at Client’s venue. Space must be level, solid, and at least 9 ft by 9 ft by 9 ft. It is the Client’s responsibility to ensure access is possible. Photobooth may be placed in an exterior location, provided it is protected from weather. Client is responsible for providing power to the photobooth (110V, 10 amps, 3 prong outlet).
WIFI ACCESS
If requested by Company, Client shall provide or guarantee a venue Internet connection of at least (1MB). Company is not responsible for insufficient social media features below the required Internet speed.
ONLINE GALLERY
Upon receiving downloadable link for high-resolution files, Client accepts all responsibility for archiving and protecting the photographs. Company is not responsible for the lifespan of the Client’s gallery or any 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 digital files are copied to new media as required.
MODEL RELEASE
Company reserves the right to use images produced with its photobooth 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 INCLUDED IN THE IMAGES 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, ITS PARENT 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 PHOTOBOOTH 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 PARENT COMPANY, 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
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