This Selfie Stand Purchase Agreement (this "Agreement") by and between The SnapBar, LLC, a Washington limited liability company (the "Company") and the inquirer of services (the "Client") relating to any purchase booked through through a quote (the "Quote") sent from the Company to and approved via electronic signature by the Client.
You are entering into a contract with the COMPANY. Please read this agreement fully and carefully prior to agreeing. This Agreement is a contract between you, as the Client or as agent for the Client, and the Company. This Agreement constitutes the entire understanding between the COMPANY and the CLIENT and supersedes all prior and simultaneous contracts or agreements between the parties.
EQUIPMENT SUBJECT TO PURCHASE. The COMPANY has included the equipment listed on the attached Exhibit "A" as a part of this Purchase. Details related to the Equipment will be provided via a Customization Form, supplied to the Client by the Company.
PURCHASE TERMS. This “Purchase” shall begin with shipment of the “Equipment,” from the COMPANY to the CLIENT, as ordered in the approved Quote.
SUBSCRIPTION TERM. This Subscription of photo booth software shall begin on the date specified in the Customization Form, to be confirmed by the payment of the invoice, and shall be billed monthly unless otherwise terminated in a manner consistent with the terms of this Subscription. The CLIENT is free to terminate this Subscription. Upon termination, the CLIENT will have access to the photo booth software until the end of the previously paid month. The COMPANY will then suspend the CLIENT’s access to the photo booth software. The Subscription terms are separate from Purchase terms; a termination of Subscription does not affect terms of the Purchase.
SERVICES INCLUDED IN SUBSCRIPTION. The COMPANY has included certain services as a part of this Subscription as outlined in Exhibit "B".
PAYMENT TERMS. The payment schedule and due date shall be outlined on the invoice.
SERVICE CHARGE. The Purchase invoice must be paid in full before the COMPANY will distribute the Purchase to the CLIENT. The Subscription invoice will be billed monthly. If the Subscription invoice is not paid within 7 days of the due date, the CLIENT shall pay to the COMPANY a service charge of 5% of the amount past due. The COMPANY may suspend the CLIENT's access to the photo booth software until the monthly installment is received.
RISK OF LOSS OR DAMAGE. The CLIENT assumes all risks of loss or damage to the Equipment from any cause, including any weather damage that may occur from using the Equipment outside.
WARRANTY. The COMPANY makes no warranty of any kind regarding the Equipment, except that the COMPANY may replace the Equipment with identical or similar Equipment if the Equipment fails to operate in accordance with the manufacturer's specifications and operation instructions within 14 days of delivery, but only if the COMPANY has available Equipment in its possession. Such replacement shall be made as soon as practicable after the CLIENT returns the non-conforming Equipment.
NONCOMPETE. The Purchase with Subscription of photo booth software through the COMPANY shall be for the CLIENT’s use only. The CLIENT shall not use the Purchase with Subscription of photo booth software through the COMPANY to gain income; no reseller’s permission is granted.
LIABILITY AND INDEMNITY. Liability for injury, disability, and death of workers and other persons caused by operating, handling, or transporting the Equipment is the obligation of the CLIENT, and the CLIENT shall indemnify and hold the COMPANY harmless from and against all such liability.
DEFAULT. The occurrence of any of the following shall constitute a default under this Agreement:
A. The failure to make a required payment under this Agreement when due.
B. The violation of any other provision or requirement that is not corrected within 30 days after written notice of the violation is given.
C. The insolvency or bankruptcy of the CLIENT.
D. The subjection of any of CLIENT's property to any levy, seizure, assignment, application or sale for or by any creditor or government agency.
NOTICE. All notices required or permitted under this Agreement shall be deemed delivered when delivered in person or by mail, postage prepaid, addressed to the appropriate party at the address shown for that party at the beginning of this Agreement.
ENTIRE AGREEMENT AND MODIFICATION. 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. This Agreement replaces any and all prior agreements between the parties.
GOVERNING LAW. This Agreement shall be construed in accordance with the laws of the State of Washington.
SEVERABILITY. If any portion of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision, it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
WAIVER. The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement.
SIGNATORIES. This Agreement shall be signed by a representative of the COMPANY and of the CLIENT.
COMPANY REPRESENTATIVE Date
EXHIBIT A | Equipment Description:
EXHIBIT B | Service Description: