SERVICE CONTRACT
The following contract and its terms will set forth an agreement between Spectrum Party Pics (PROVIDER) and (CLIENT) the parties, for photo booth services during the designated service period. This written contract sets forth the full, written intention of both parties and supersedes all other written and/or oral agreements between the parties.
SERVICE PERIOD
The Service Period will be from
Spectrum Party Pics agrees to have a Photo Booth operational for a minimum of 80% during this period; occasionally, operations may need to be interrupted for maintenance of the Photo Booth.
PAYMENT
A NON-REFUNDABLE booking fee in the amount of $100 of the total balance is due upon signing of this contract. The event is only reserved once the booking fee is received. The remaining balance is due no later than 14 days in advance of the client’s Event Date. If the balance has not been collected by this due date, then Spectrum Party Pics reserves the right to cancel the event & seek to cure.
ACCESS, SPACE & POWER FOR PHOTO BOOTH
Client will arrange for an appropriate space for the Photo Booth at the event’s venue. Client is responsible for providing power for the Photo Booth. The Photo Booth requires a 120V, 10 amps, 3 prong outlet from a reliable power source within 20 feet (along a wall) of the setup area. The circuit must be free of all other connected loads. Any delay in the performance or damage to the photo booth equipment due to improper power is the responsibility of the client. The client shall provide crowd control if warranted and furnish Spectrum Party Pics with directions to the event. Client shall provide Spectrum Party Pics with safe and appropriate working conditions and a solid floor. This includes a 10’ x 15’ x 8’ area for set up.
The Mirror is approximately 200 lbs. If the designated space/area is not on ground level, an Elevator is mandatory. If for any reason there is no elevator necessitating the use of STAIRS to access the designated space/area, there will be an additional charge of $150 which must be pid before start time. Some delay time may occur if notice is not given to Spectrum Party Pics prior to the event date.
OUTDOOR PHOTO BOOTHS
We hope that the heavens will grant you a perfect day for your outdoor event, but there is wisdom in having a "Plan B". If you choose to place the photo booth outdoors we must be in a spot that is:
• Completely Dry
• Must have SAFE access to electrical outlets
• Paved or hard surface - no grass, gravel, or dirt!
• Sufficient lighting
• Protected from extremes of rain, wind, heat and cold and direct sunlight
1. Our attendants must be at the booth throughout the event. Below 60 degrees F. or above 90 degrees is not allowed.
2. Our equipment will not function properly due to excessive heat or moisture and may result in damage.
THE "WHY" ANSWERS:
Why must it be dry? We have electrical equipment running at 120 volts and up.
Our color printers won't operate if it's too cold or too hot. And our attendants must be at the booth throughout the event. Below 60 degrees F or above 90 degrees, and is just unsafe and unreasonable.
Our booths need a reliable source of 120 -volt AC power, one that is just for us. We can't share with a DJ because there won't be enough for both of us. The power source has to be reasonably close to where we will be working.
Your guests have to be able to see us! So don't put us in a dark corner or out in the field!
If you cannot put us someplace that fits these specifications, we may not be able to operate. If conditions change during an event, we may have to pack up and leave. No refunds will be given in such case.
DATE CHANGES & CANCELLATIONS
Any request for a date change must be made in writing at least sixty (60) days in advance of the original event date. Change is subject to photo booth availability and execution of a new Service Contract. If there is no availability for the alternate date, the booking fee shall be forfeited and event cancelled. Any cancellation occurring less than 60 days prior to the event date shall forfeit all payments received. The Deposit/Booking Fee is NON REFUNDABLE after initial booking! Refund will be issued minus transactions fees.
IDLE HOURS AND FUEL SURCHARGE
Idle hours can be arranged with the client at an additional cost ($75 an hour). An example of Idle Hours is when the booth is booked for 4 hours, where the booth is operational from 5pm-6pm and from 7pm-10pm. Between 6pm-7pm, the booth will be IDLE (at the client’s request). This is usually for meals or speeches. This must be arranged no later than 2 weeks prior to the event date.
We will arrive 60-90 minutes prior to the service start time and depart 15-45 minutes after the service end time. If we will be required to arrive or depart outside of these windows, then idle hours will be charged.
Travel costs are covered in any package up to a 25 mile radius from zip code 77377. A separate fuel surcharge will be billed for any trips that extend further than 25 miles.
DAMAGE TO PROVIDER’S EQUIPMENT
Client acknowledges that it shall be responsible for any damage or loss to the Provider’s equipment caused by:
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Any misuse of the Provider’s equipment by Client or its guests (invited or uninvited) or
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Any theft or disaster (including but not limited to fire, flood or earthquake). Client acknowledges Provider shall have the right to decline service to client’s guests (invited or uninvited) for misuse and/or unruly behavior.
INDEMNIFICATION
Client agrees to, and understands the following:
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Client will indemnify provider against any and all liability related to Client's Event during or after Client's event. Client will indemnify Provider from the time of service and on into the future, against any liability associated with Client.
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Client will indemnify Provider, its representatives, employees or affiliates, against any and all liability associated with the use of pictures taken within the Photo Booth at Client's event.
REFUSAL/DISRUPTION OF SERVICE
We are not the “fun police”, but in some very rare occurrences, we reserve the right to immediately refuse service, pack up, and depart from the venue. Service will be disrupted without a refund if:
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The attendants are harassed, threatened, or abused by any guests.
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The equipment is damaged by the guests.
CHILDREN UNDER 12
Children love our photo booths and we love making everyone happy. In some cases, however, we may decide to enforce our “ children under 12 ” policy in an effort to maintain order in and around the photo booth. The “ children under 12 ” policy state that Children under the age of 12 will not be permitted use of the photo booth without an adult present. The adult does not need to be in the photo with the child/children, but they must be supervising. We very rarely have to enforce this policy.
DRESS
We want to dress appropriately for your event. If you have any suggestions please indicate below. Not all requests are practical (example: Ugly Sweater Party outdoors in August) and some request might incur additional costs (formal tuxedos, specialty costumes).
We also will not allow the photo booth to be operated to take photos of nude or partially nude people.
MODEL RELEASE
YES - I agree to the model release below
Client agrees to, and understands the following: All guests using the photo booth hereby give to Spectrum Party Pics , The right and permission to copyright and use, photographic portraits or pictures of any photo booth user who may be included intact or in part, made through any and all media now or hereafter known for illustration, art, promotion, advertising, trade, or any other purpose. In addition, I hereby release, discharge and agree to hold harmless Spectrum Party Pics , from any liability, that may occur or be produced in the taking of said picture or in any subsequent processing thereof, as well as any publication thereof, including without limitation any claims for libel or invasion of privacy.
Client agrees to notify guests that Spectrum Party Pics will be potentially publishing all photos taken at the event.
We offer online photo hosting for all of our events at no additional charge so your friends and family can share and download their favorite memories. We will not host any photos of events at schools. Please let us know how you would like us to share your photos online.
MISCELLANEOUS TERMS
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 enforceability 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 75% of the Service Period, Client shall be refunded a prorated amount based on the amount of service received. If the printer fails to print out photos on site the Provider will be allowed direct client to a website where the Client can log onto and order ALL prints free of charge with free shipping as well as the ability to download the digital files for their own use.
CLIENT CONTACT INFORMATION
VENUE REQUIREMENTS
Please communicate with the venue coordinator that we require the following. If you are unable to request this from the venue coordinator, please send us their information and we will contact them on your behalf.
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120 Volt power outlet within 20ft of the setup area. Our booths need a reliable source of 120 -volt AC power, one that is just for us. We can't share with a DJ because there won't be enough power for both of us. The power source has to be reasonably close to where we'll be working.
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Wi-Fi login/password
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2 Chairs and a rectangle Table for props ( if there is no table you MUST let us know prior to your event )
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10 x 15’ floor space
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a solid floor (no grass, gravel, dirt, etc)
MEALS
For most events, we plan to have 1-2 attendants operating the photo booth for the duration of the event.
Will the attendants be welcome to eat the venue provided meal? ** Please NOTE any package 4 hours or more a meal for a Photo Booth Attendants will be MANDATORY!
PHOTO DESIGN
** Depending on package selected.
We will customize your photo layout to match the theme of your event. We allow for up to 3 revisions of your layout. After the 3rd revision, a fee of $15/revision will be billed. Traditionally, we have room for 2 lines of text. Please tell us what you’d like the footer of your photos to say. Example: Bride & Groom names, Wedding Date, #hastag etc.
We can modify the layout if you wish to include graphics, logos, more text, etc. If you have any other input on your photo layout, please tell us what you would like.1
