Rental Terms

I. THE PARTIES. This Photo Booth Rental Contract (“Agreement”) made on is by and between: 

  • Photo Booth Provider: PHOTOBOOTH KC, with an address of 10253 Eby Ct #3 Overland Park KS 66212 (“Provider”), and, 
  • You - The Client: with an address that will be provided during reservation (“Client”).

The Provider and the Client are each referred to herein as a “Party” and collectively as the “Parties.”

 

II. PHOTO BOOTH. The Provider agrees to provide the following items as applicable to the Client for the term of the lease, hereinafter known as the “Photo Booth.”

  • Digital Photo Booth/Mirror Photo Booth/Retro Photo Booth/Audio Guestbook Phone
  • Backdrops/Red Carpet/Stanchions (if applicable)
  • RGB Lights/Soft Lights (if applicable)
  • Instant Downloads via Airdrop, Text, or QR Code
  • Custom Text/Logo Overlay
  • Delivery, Setup, and Take Down
  • Props Table (signs, bubble guns, costume jewelry, glass, hats, play money, and inflatables - if applicable)

 

III. EVENT INFORMATION. The Provider shall provide the Photo Booth for the following:

Event Location: As entered during bookingEvent Date: As entered during booking; Event Time: As entered during booking

Hereinafter known as the “Event.” The Provider will arrive 1 hour before the event time to set up the Photo Booth.

 

IV. PAYMENT. The Client shall pay a total amount shown on the website for the rental plus any upgrades requested (“Rent Amount”) for the rental of the Photo Booth for the duration of the Event. The Rental Amount shall be paid as follows:

a. Deposit. As part of this Agreement, the Client is required to pay a deposit in the amount of $99 at the time of booking in order to secure the event date ("Deposit"). The Deposit shall be credited and deducted from the Rental Amount. The deposit is refundable unless the Rental is cancelled and a refund requested within 7 business days prior to the event, in which case it is nonrefundable.

b. Balance. The balance of the Rental Amount, less any Deposit, is due no fewer than 7 business days before the date of the Event (“Balance Due Date”). Once the Balance Due Date has passed, any amount paid by the Client will become non-refundable, and the Provider shall have no obligations to perform under this Agreement.

c. Cancellations. In the event of a cancellation, if the full balance has been paid in advance, a refund will be issued, minus the non-refundable deposit, provided that cancellation notice is given 7 business days before the Event.

d. Date Changes. Any date change request must be made in writing at least 14 days in advance of the Event. The possibility of a given date change is subject to availability and the receipt of a new agreement to replace this Agreement. Both Parties must consent to a date change.

e. Overage. Any overage in time will be billed at the rate of $100/hour. Payment for any overage in time must be paid before additional hours will be provided. If the Event ends earlier than expected, no refund will be given.

f. Returned Checks. The Client will be under obligation to pay $100.00 for each returned check the Client has written for the purposes of the above-listed payments.

g. Rights to Photos. Rights to any and all media taken and generated by the Photo Booth shall be the property of the Provider and can be used for advertising and promotional purposes on Provider's website, on social media, or 3rd party platforms. The Provider grants permission to the Client to use any and all media generated by the Photo Booth through the course of the Event for any purpose, including promotional purposes. By signing this agreement, you warrant that you have the authority to agree to the use of the likeness of all people in attendance at your event. If you do not consent to this, kindly let us know and we'll gladly honor the request.

g. Taxes. All applicable taxes will be applied and made known at the time of signing.

h. Photo Booth Failure. Should the Provider fail to provide a fully operational Photo Booth for the Event, the Client’s only remedy will be a full refund. In such event, the Client waives any claim to further consequential damages or liability. If only partial services can be provided due to conditions beyond the reasonable control of the Provider, the payments shall be negotiated at that time on a prorated basis.

 

V. TERMS AND CONDITIONS. The Provider and the Client agree to the following Terms and Conditions:

a. Operations. The Provider will deliver, set up, and remove the Photo Booth from the Event’s location. The Provider agrees to have a qualified technician/operator onsite to show/demostrate how to operate the Photo Booth. In cases where a Photo Booth Attendant is required to stay on site during the event, the Client might be required to pay extra for the attendant.

b. Space and Placement. The Client will arrange for 10 x 10 feet of space and access for the Photo Booth Provider at the Event’s venue 1-hour prior to the event, along with access to a power outlet within 50 feet of the setup area (10 amps, 3 prong outlet). Internet access will be provided by the Client for an optimal guest experience but is not required.

c. Damage to Equipment. The Client will be responsible for any damage or loss to the Provider’s equipment due to misuse by the Client or any guest of the Client and in the case of theft or damage (due, but not limited to, fire, flood, or earthquake). If the Provider judges the weather during the course of the Event to be inclement and thus unsafe, they reserve the right to cease operations for the safety of the equipment and of the Event’s attendees, in which case no refund will be given.

d. Service Availability. Due to the nature of technology, the Provider cannot guarantee that the 360 photo booth will remain operational throughout the entirety of the event. It is possible that operations will need to be interrupted for maintenance and/or service optimization, including but not limited to charging equipment, adjusting lighting, adjusting the platform, etc. A refund will not be issued for momentary service downtime.

e. Client Responsibility. The Client is responsible for providing the Provider and any of their attendants a safe working environment free of hazards, attacks, threats of violence, or harassment of any kind. The client understands that the attendant reserves the right to cease operations immediately and take possession of all equipment in the event that the attendant becomes or feels unsafe. If a safe working environment is not provided, no refunds will be made.

f. Liability and Indemnification. The Provider will not be liable for direct, indirect, incidental, or consequential damages (including, but not limited to, damages for lost profits or increased expenses) with respect to any claim related to this Agreement and the services provided. The Client will indemnify and hold harmless the Provider and all technicians who are independent contractors working with the Provider at the time against all liability related to the Event from its date and into the future. The Client will assume all legal fees claimed by third persons, provided that such loss or damage was not caused by the fault or negligence of the Provider or its employees, agents, or subcontractors.

g. Wifi availability: The Photo Booth operates using wifi technology to send the digital images. The Client agrees to furnish wifi during the duration of the rental in order to instantly receive SMS and email copies of the photos. If wifi is not provided, or if weak wifi is provided, the Client will receive the photos upto 24 hours after the event.

 

VI. GOVERNING LAW. This Agreement shall be construed and governed in accordance with the laws located in the State where the Event is taking place.

 

VII. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the Parties. No modification or amendment of this Agreement shall be effective unless in writing and signed by both Parties.

 

VIII. EXECUTION. The Provider and the Client each represent and warrant to the other that each person executing this Agreement on behalf of each party is duly authorized to execute and deliver this Agreement on behalf of that party.

 

IN WITNESS WHEREOF, by clicking the agreement check box you affirm to have read and understood the terms and conditions of this Agreement. The Parties enter into this agreement in good faith and will not hold the provider responsible for any errors or omissions in this agreement.