Reservation Fees:
- Client is required to pay a non-refundable reservation/retainer’s fee in the amount of $100 in order to secure reservation which will be applied towards the total cost. All remaining balance(s) will be due prior to service. If remaining balance isn't paid in full, 5D photo will not set up equipment.
Client responsibility:
- Arrange for an appropriate space of 10’x10’ for the 360 Photo Booth at the event's venue or 12'x12' for inflatable selfie station
- Provide a standard three-prong wall outlet to power the booth.
- Provide a level area of ground for the booth and a roof, awning, or canopy for potential inclement weather.
5D Photo responsibility:
- Designate a primary point of contact to all matters pertaining to this Agreement. A number of employees or agents that it deems sufficient to perform the Services set out in The Scope of Work to include:
- Full-Time Attendant
- Sharing from the booth via email, text, or QR scan
- Stanchions for crowd control
- Red Carpet
- Lighting
- Backdrops
- 360 Photo Booth and/or Inflatable Selfie Station and all necessary equipment
- Arrive approximately 1 hour (one) prior to set up and perform all pre-event checks and troubleshooting procedures as necessary.
- Perform all pre-event sound checks and necessary troubleshooting procedures.
Service Period:
- 360 Photo Booth will be performed from start to finish for the amount of consecutive hours agreed upon and scheduled.
- In the event “idle time” is requested to which the client ask contractor/attendant to momentarily suspend 360 Photo Booth Service at any point throughout the event for any purpose (i.e. dinner, special presentations, etc.), the client shall remain responsible for covering the full cost of service during the break.
Damages, Loss & Liability:
Client acknowledges and agrees to:
- Cover for all damage expenses to 360 Photo Booth equipment and accessories listed above due to negligence of customer or any of the event guests.
- Be held responsible for any damage or loss to the Provider's Equipment caused by any misuse of the provider's equipment by Client or its guests both invited and uninvited.
- Indemnify (or hold harmless) provider against any and all liability related to Client’s event during or after Client’s event.
- Indemnify (or hold harmless) provider from the time of service into the future, against any and liability associated with Client’s event.
- Indemnify (or hold harmless) provider against any and all liability associated with the use of pictures and videos taken with the 5D Photo Booth, its representatives, employees or affiliates at Client's event.
- Further grants 5D Photo the right to use any and all photographs or pictures captured on the 360 Photo Booth or Selfie Station. The Customer further understands that said pictures, images, videos captured on the 360 Photo Booth may be used for artistic, promotional, or advertisement purposes. The Customer further releases the Service Provider, from any liability, that may occur from said pictures, videos, or imagining derived from or in any subsequent processing thereof, as well as any publication thereof, including without limitation any claims for libel, slander, or invasion of privacy.
- IN NO EVENT SHALL SERVICE PROVIDER BE LIABLE TO CUSTOMER OR TO ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE, OR PROFIT OR FOR ANY CONSEQUENTIAL,INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT SERVICE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
- IN NO EVENT SHALL SERVICE PROVIDER'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED [[TWO (2) TIMES] THE AGGREGATE AMOUNTS PAID OR PAYABLE TO SERVICE PROVIDER PURSUANT TO THIS AGREEMENT.
Cancellation Policy:
PRIOR to the event:
- Indoor and Outdoor: No changes/cancellations will be authorized after close of business (6 PM ET) the day prior of event. NO REFUNDS of booking fees or pre-paid balances will be authorized on the date of the event. No Exceptions.
- Outdoor: if the Contractor is unable to perform service due to inclement weather forecast/conditions (i.e. rain, precipitation, high winds, lightning, etc.) an act of God or any other cause beyond the Contractor’s or customer’s control, the customer will be entitled to a refund of booking fee and all monies pre-paid toward remaining balance. The customer will be offered to reschedule reservation to a later date/time. The contractor will contact the customer NLT 24 hours prior to the event date to decide on a course of action.
DURING the event:
- If performance of service is delayed, interrupted, or concludes ahead of the scheduled end time as a result of any act, omission of the customer, inclement weather conditions, or an act of God, the CUSTOMER will remain liable for total cost of service.
- Cancellations due to circumstances not outlined in the above must requested and received in writing (or text/email) by the customer NLT 48 hours prior to the event date.
- 5D photo will retain all booking fees. Customer may be entitled to refund of all pre-paid balances at 5D Photo's discretion.
- If 5D photo, cancels for any unspecified reasons, the customer will be entitled to a full refund of booking fees and monies pre-paid toward remaining balance. The customer may also be offered to reschedule reservation to a later date/time.
**360 Photo: If, for whatever reason including injury or, illness 5D Photo's attendant is unable to attend the event, 5D Photo will make best efforts to find a substitute attendant for the event. If a substitute attendant cannot be found, Provider will promptly reimburse Client any and all Service Fee amounts Client previously paid to Provider, and neither party will have any further obligations or additional liability under this Agreement. All refunds will be issued via original payment method.
5D Photo, as an Independent Contractor:
Client understands and acknowledges:
- 5D Photo is an independent contractor, not an employee of Client. 5D Photo is solely responsible for all taxes, withholdings, insurance, and any obligations that may apply to an independent contractor.
- 5D Photo's attendant shall have the right to decline service to client's guest (invited or uninvited), for misuse, inappropriate photos or unruly behavior or children who are unaccompanied by a responsible adult (18 or older).