Last Updated: 05/01/2020
This SELFIE STAND RENTAL AGREEMENT AND TERMS AND CONDITIONS (this "Agreement") is made by and between The SnapBar, LLC, a Washington limited liability company (the "Company") and the inquirer of services (the "Client") relating to any event(s) (the "Event(s)") booked through the booking forms (the "Booking Forms") located on the Company's website (www.thesnapbar.com) or any other related website or page operated by the Company.
AGREEMENT: These Terms And Conditions contain the entire understanding between the COMPANY and the CLIENT. It supersedes all prior and simultaneous Contracts or Terms And Conditions between the parties. The only way to add or change these Terms And Conditions is to do so in writing, reviewed and signed by all parties in the form of a new Contract. In the event that any part of these Terms And Conditions is found to be invalid or unenforceable, the remainder of these Terms And Conditions shall remain valid and enforceable. Any agreement to waive one or more provisions of these Terms And Conditions or any failure by one or both parties to enforce a provision of these Terms And Conditions shall not constitute a waiver of any other portion or provision of these Terms And Conditions.
HEADINGS: The headings and sub-headings of clauses contained are used for convenience and ease of reference and do not limit the scope for intent of the clause.
RESERVATIONS, CHANGES, AND CANCELLATIONS
RESERVATION: An electronically submitted Booking Form and nonrefundable deposit fee are required to reserve the dates and times of the EVENT(S). If the EVENT(S) are rescheduled, postponed, or cancelled; or if there is a breach of Terms and Conditions by the CLIENT, the deposit fee is non-refundable and The COMPANY is entitled to liquidated damages in the amount of the full Service Fee. The CLIENT shall also be responsible for payment for any of the COMPANY's materials charges incurred up to time of cancellation.
CHANGE IN EVENT DATE: If subsequent to these Terms And Conditions CLIENT changes the date of the event, the COMPANY will make best efforts to accommodate CLIENT and provide its services on the changed date. If COMPANY is unable to provide services on the changed date, the COMPANY shall be entitled to keep the deposit and neither party shall have any further liability or obligation under these Terms And Conditions. If CLIENT reschedules the event, pricing may be subject to change at COMPANY’s discretion.
SUBSTITUTION: The COMPANY may make reasonable substitutions of goods or services at its discretion. In the event of any substitution, the COMPANY warrants that any substitution shall be substantially equivalent.
FEES AND PRICING
SERVICE FEE: The Service Fee encompasses only those items included in the list of services located in the invoice sent by the COMPANY to the CLIENT. The Service Fee does not include applicable state sales tax. The COMPANY will be under no duty to perform its obligations under these Terms And Conditions until such time as CLIENT has paid the service fee in full. Making payment upon these Terms And Conditions and invoice solidifies these Terms And Conditions.
DEPOSIT AND PAYMENT: The CLIENT shall make a deposit equal to 50% of invoice total in order to retain the COMPANY to perform the services specified herein and in the Terms And Conditions. At such time as this order is completed, the deposit shall be applied to reduce the total cost and CLIENT shall pay the balance due. The balance shall be paid in full at least four (4) weeks before the EVENT(S) for the service to be provided. If the EVENT(S) has been booked within four (4) weeks of the event date, full payment shall be required within fourteen (14) days of the invoice date. If the EVENT(S) has been booked less than fourteen (14) days in advance of the event date, full payment shall be required upon booking.
PAYMENT SCHEDULE: The aforementioned non-refundable deposit fee equal to 50% of invoice total, or full payment, is due at the time of receiving a custom invoice from the COMPANY. If the non-refundable deposit fee or full payment is not made, the COMPANY will not complete the booking as outlined in the Terms And Conditions. The remaining balance is payable in full four weeks prior to the EVENT(S). If the EVENT(S) has been booked within four (4) weeks of the event date, payment shall be required within fourteen (14) days of the invoice date. If the EVENT(S) has been booked less than fourteen (14) days in advance of the event date, payment shall be required upon booking. In the event the CLIENT fails to remit any payment as specified, the COMPANY shall have the right to immediately terminate these Terms And Conditions with no further obligation, retain any monies already paid, assess penalties of $150 per month, and/or not attend the EVENT(S). Returned checks will be assessed a $30 non-sufficient funds fee.
PRICING: Services or merchandise not included in these Terms And Conditions will be sold at the current price when the order is placed. All prices are subject to change at any time without notice. Credit vouchers have no intrinsic cash value and may only be applied toward merchandise purchased from the COMPANY.
ADDITIONAL CHARGES: Each photo booth package fee is based on the COMPANY's pricing policy or promotional package pricing and includes the services described therein. If the fee is not based on a package but is a session fee, or other event fee, all work shall be billed in accordance with the COMPANY's hourly rate.
ATTORNEY FEES: If any action or other proceeding is brought to enforce any of the terms of these Terms And Conditions, the prevailing party shall be entitled to recover such reasonable attorney fees and other costs incurred in the action or proceeding, in addition to any other relief to which the prevailing party may be entitled.
EVENT PROVISIONS AND AGREEMENTS
EVENT SCHEDULE: The CLIENT agrees to confirm the schedule two-weeks prior to the EVENT(S). Notification of any changes in schedule or location must be made in a timely manner and confirmation of receipt must be obtained from the COMPANY by the CLIENT.
NUMBER OF PHOTOS: Numbers of guests at the EVENT(S) and their involvement with the COMPANY varies per event. The COMPANY does not guarantee any number of photos for the hosts.
INHERENT QUALITIES: The CLIENT is aware that color dyes in photography may fade or discolor over time due to the inherent qualities of dyes as well as DVD or CD or DIGITAL media which may deteriorate, and CLIENT releases the COMPANY from any liability for any claims whatsoever based upon the deterioration due to such inherent qualities.
CAPTURE AND DELIVERY: The COMPANY is not liable to deliver every image taken at the event. The determination of images delivered to the CLIENT is left to the discretion of the COMPANY.
POST PRODUCTION AND EDITING: The final post production and editing styles, effects, and overall look of the images are left to the discretion of the COMPANY.
DELIVERY TIME: CLIENT acknowledges that Selfie Stands shall be shipped to CLIENT by COMPANY. However, COMPANY is not liable for any delays in shipping.
VENUE AND LOCATION LIMITATIONS: The COMPANY is limited by the rules and guidelines of the location(s) and site management. The CLIENT agrees to accept the technical results of their imposition on the COMPANY. Negotiation with the officials for moderation of guidelines is the CLIENT's responsibility; the COMPANY will offer technical recommendations only.
RESPONSIBILITIES: The COMPANY is not responsible for compromised coverage due to causes beyond the control of the COMPANY including but not limited to obtrusive guests, lateness of the CLIENT or guests, weather conditions, schedule complications, incorrect addresses provided to the COMPANY, rendering of decorations, or restrictions of the locations. The COMPANY is not responsible for backgrounds or lighting conditions which may negatively impact or restrict the photo coverage. The COMPANY is not held liable for missed coverage of any part of the EVENT(S). The COMPANY will not be held accountable for failure to deliver images of any individuals or any objects at the EVENT(S).
AUTHORIZATIONS: CLIENT shall be obligated to obtain any and all necessary authorization from the property owner/representative of any location(s) where The COMPANY will be providing its services under these Terms And Conditions.
RESELLING: The COMPANY does not permit the CLIENT to charge guests of the CLIENT or event attendees of the CLIENT for services rendered by the COMPANY at the EVENT(S). The CLIENT must obtain written permission from the COMPANY prior to selling the photographs taken by the COMPANY or charging guests for the service provided by the COMPANY. Any Admission Fee, or any other fee, that the CLIENT charges to its guests for admittance into the EVENT(s), but not pertaining to the use of the COMPANY's services, shall not be considered a breach of these Terms And Conditions.
RENTAL TERMS AND CONDITIONS
In the case that the CLIENT rents or leases the COMPANY'S photo booths, computers, cameras, technology or other equipment, hereby referred to as EQUIPMENT, for a specified period of time agreed upon in the Booking Form and Invoice, hereby referred to as the RENTAL PERIOD, the CLIENT hereby agrees to the following:
1. CLIENT shall keep the EQUIPMENT in a good state of repair, normal wear and tear accepted, and is responsible for any damage to, loss or theft of the EQUIPMENT occurred during the RENTAL PERIOD, as specified in the EVENT Booking Form and Invoice.
2. CLIENT shall pay The COMPANY full compensation for replacement and/or repair of any EQUIPMENT that may be damaged, lost or stolen during the RENTAL PERIOD. The COMPANY's invoice for replacement or repair costs is conclusive as to the amount CLIENT shall pay under this paragraph for repair or replacement up to a maximum of $7,500 for full replacement.
3. CLIENT shall not remove the EQUIPMENT from the address of CLIENT or the location shown herein as the place of use of the EQUIPMENT without prior written approval of the COMPANY.
4. Unless otherwise agreed upon, the EQUIPMENT shall be delivered by the COMPANY via FedEx. The equipment will be returned to the COMPANY, using a prepaid shipping label provided by the COMPANY, at the CLIENT's risk.
5. No allowance will be made for any rented EQUIPMENT or portion thereof which is claimed not to have been used. Acceptance of returned EQUIPMENT by the COMPANY does not constitute a waiver of any of the rights the COMPANY has under the rental agreement.
6. The COMPANY may terminate this agreement immediately upon the failure of CLIENT to make rental payments when due.
7. Additional charges shall be incurred by the CLIENT in the event that the equipment is damaged, missing any parts, or returned later than the terms of these Terms And Conditions. All additional charges shall commence from the Effective Date of these Terms And Conditions. CLIENT shall pay to the COMPANY an additional service charge of four hundred dollars ($400) per day for each day the equipment has not been returned. All invoices are due upon receipt.
8. The COMPANY makes no warranty of any kind regarding the rented EQUIPMENT, except that the COMPANY may replace the EQUIPMENT with identical or similar EQUIPMENT if the EQUIPMENT fails to operate in accordance with any representation by COMPANY. Such replacement shall be made as soon as practicable after CLIENT returns the non-conforming EQUIPMENT.
9. CLIENT shall pay all reasonable attorney and other fees, the expenses and costs incurred by the COMPANY in protection of its rights under this rental agreement and for any action taken by the COMPANY to collect any amounts due to the COMPANY under this rental agreement.
10. These terms are accepted by CLIENT upon payment of the Deposit Fee or full payment, whichever occurs first.
11. COMPANY cannot guarantee delivery of any specifically requested image(s). CLIENT further recognizes and agrees that an entire event cannot be replicated, reenacted or repeated for the purpose of a re-shoot, and that The COMPANY has no obligation under these Terms And Conditions to do so.
12. CLIENT hereby agrees to bring any dispute with COMPANY in binding arbitration conducted by the American Arbitration Association (“AAA”). Any such Arbitration shall be brought and conducted according to AAA commercial arbitration rules and shall be conducted in King County, Washington using Washington law, without regard to any conflict of laws principles. Such Arbitration, or request for Arbitration shall be treated as confidential by both CLIENT and COMPANY.
LIMITATIONS OF LIABILITY
LIMIT OF LIABILITY: IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY CLAIM FOR ANY INDIRECT, WILLFUL, PUNITIVE, INCIDENTAL, EXEMPLARY, SPECIAL OR CONSQUENTIAL DAMAGES, FOR LOSS OF BUSINESS PROFITS, OR DAMAGES FOR LOSS OF BUSINESS OF CONSULTANT OR ANY THIRD PARTY ARISING OUT OF THIS AGREEMENT, OR LOSS OR INACCURACY OF ANY PRODUCT OR DATA OF ANY KIND, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS OF LIABILITY ABOVE, THE ABOVE LIMITATION SHALL NOT APPLY. EVEN IF THIS LIMIATION DOES NOT APPLY, IN NO EVENT SHALL COMPANY’S TOTAL, CUMULATIVE LIABILITY OF EACH AND EVERY KIND UNDER THIS AGREEMENT EXCEED FEES PAID BY CLIENT TO COMPANY FOR THE EVENT. THE FOREGOING LIMITATIONS OF LIABILITY AND EXCLUSIONS OF CERTAIN TYPES OF DAMAGE SHALL APPLY REGARDLESS OF THE SUCCESS OR EFFECTIVENESS OF ANY OTHER REMEDIES.
MAJOR FORCES: In the unlikely event that any assigned photographer from the COMPANY is unable to perform to the guidelines of these Terms And Conditions due to an injury, illness, act of God, act of terrorism, or other cause beyond the control of the COMPANY, the COMPANY will make every effort to secure a replacement. If the situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received for the EVENT(S).
In the unlikely event that digital files have been lost, stolen, or destroyed for reasons beyond the COMPANY's control, including but not limited to camera, hard drive, or equipment malfunction, the COMPANY liability is limited to the return of all payments received for the EVENT(S). The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of total number of originals. The COMPANY is not liable for the loss of images beyond the lesser of the final delivery of all products included in the package or one year.
INDEMNIFICATION: CLIENT covenants and agrees to indemnify and hold The COMPANY harmless from all claims, demands, actions or damage of every kind and description, including reasonable attorney fees and all other costs and expenses necessarily incurred, which may accrue to, or be suffered by COMPANY or CLIENT related to CLIENT’S use of EQUIPMENT or the EVENT, including but not limited to the following occurrences: photographic materials being damaged in processing, loss of photographic materials due to camera malfunction, loss of photographic materials in the mail, and photographic materials being stolen while outside the control of the COMPANY.
SAFETY: The COMPANY reserves the right to terminate coverage and leave the location of the EVENT(S) if any photographer from the COMPANY experiences inappropriate, threatening, hostile or offensive behavior from person(s) at the EVENT(S); or in the event that the safety of any photographer from the COMPANY is in question.
PERMITS, RELEASES, POLICIES, AND INTELLECTUAL PROPERTY
PERMITS: The CLIENT is responsible for acquiring all permits and necessary permission for all locations on which the COMPANY will be performing services.
FILM and COPYRIGHTS: The photographs produced by the COMPANY are protected by Federal Copyright Law (all rights reserved) and may not be reproduced in any manner without the COMPANY's explicitly written or verbal permission. If the CLIENT has received an “Gallery Link" from the COMPANY, upon final payment by the CLIENT, limited copyright ownership of the resulting images will be transferred to the CLIENT. If the CLIENT has received an “Gallery Link" from the COMPANY, the COMPANY grants the CLIENT permission to share the images on social networking websites, with family and friends, and on vendor websites as long as the images remain unaltered and textual credit is explicitly given to the COMPANY. The CLIENT must obtain written permission from the COMPANY prior to publishing, whether in hard copy or on social media, or selling the photographs.
REPRODUCTION POLICY: The CLIENT shall obtain an “Gallery Link" for personal use only, and shall not sell said images. If CLIENT is obtaining a print or image for newspaper announcement of the wedding, editorial use or website, the COMPANY authorizes CLIENT to reproduce the print in this manner. In such event, CLIENT shall run a visible credit for the COMPANY adjacent to the photograph.
MODEL RELEASE: The CLIENT hereby assigns the COMPANY the irrevocable and unrestricted right to use and publish photographs of the CLIENT, guests of the CLIENT, event attendees of the CLIENT or in which the CLIENT may be included, for editorial, trade, advertising, educational and any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same without restriction. The CLIENT releases all claim to profits that may arise from use of images. The CLIENT also represents and warrants that it will inform all event guests and attendees of this model release information and obtain all necessary releases or permissions from each guest and attendee. The CLIENT is responsible for communicating to event guests and attendees that images from the event will be included in an online gallery managed by the COMPANY and that COMPANY retains rights as disclosed above.
COPYRIGHT: All photographs created by the COMPANY are copyright protected. It is a violation of Federal Copyright Law to copy, scan or allow photographs to be reprinted, duplicated, digitally reproduced, copied, scanned or altered (digitally or otherwise), without the COMPANY express written permission. Any and all rights to proofs, final or sample prints, shall remain the property of the COMPANY. The COMPANY may use any and all proofs and prints for purposes of advertising, display, stock, use in photography contests, or for any other reasonable purpose without notification of, release by, or compensation to CLIENT.
INTELLECTUAL PROPERTY: CLIENT acknowledges that its use does not obtain any intellectual property rights, including, but not limited to, patent, trademark, or copyrights for CLIENT. CLIENT further represents and warrants that its use will not infringe any intellectual property rights of others. COMPANY specifically disclaims and does not represent or warrant that the EQUIPMENT or any other service COMPANY provides are free from intellectual property infringement.
EXCLUSIVITY: By agreeing these Terms And Conditions, CLIENT agrees that the COMPANY is the exclusive professional photo booth provider for the event. No additional professional photo booths may be employed by CLIENT, their agents, or representatives without the COMPANY'S prior express written consent.
SUCCESSORS AND ASSIGNS: The terms and provisions of these Terms And Conditions shall be binding on and inure to the benefit of the successors and assigns of the parties.
MISCELLANY: These Terms And Conditions and the associated Booking Form and Invoice incorporates the entire understanding of the parties. Any modifications of the Terms And Conditions must be in writing and signed by both parties in the form of a new Contract. Any waiver of a breach or default hereunder shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of these Terms And Conditions.
MISTAKE OF FACT OR LAW:The Parties assume the risk of any mistake of fact or law. If any Party should later discover that any fact they relied upon in entering this Agreement is not true, or that their understanding of the facts or law was incorrect, they shall not be entitled to seek rescission of this Agreement by reason thereof. This Agreement shall be final and binding upon the Parties.
SEVERABILITY: Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provisions contained herein and any present or future statute, law, ordinance or regulation, the latter shall prevail; but the provision of this Agreement which is affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law.
FURTHER ASSURANCES: Each of the Parties shall execute and deliver any and all additional papers, documents and other assurances, and shall do any and all acts and things reasonably necessary in connection with the performance of their obligations hereunder to carry out the intent of the parties hereto.