These Terms And Conditions are made effective for all purposes in all respects as of January 1st, 2018 by and between “The SnapBar, LLC" (“The SnapBar", “we”, “us”, “our”) and the inquirer of services, (the "Subscriber" or “CLIENT") relating to any event(s) booked through the Booking Forms located on the COMPANY's website (www.thesnapbar.com), hereinafter referred to as the “EVENT(S)".
This Subscription Agreement (this "Subscription", “Agreement”) is made effective as of Start Date, between The SnapBar (“The SnapBar", “we”, “us”, “our”), and CLIENT. (the "Subscriber") and states the agreement of the parties as follows:
SUBSCRIPTION TERM. This Subscription shall begin on the above effective date and shall be billed monthly unless otherwise terminated in a manner consistent with the terms of this Subscription.
EQUIPMENT SUBJECT TO SUBSCRIPTION. The SnapBar has included the equipment listed on the attached Exhibit "A" as a part of this Subscription.
SERVICES INCLUDED IN SUBSCRIPTION. The SnapBar has included certain services as a part of this Subscription as outlined in Exhibit "B".
PAYMENT TERMS. The Subscriber shall have the option to pre-pay the Subscription in full prior to activation or pay an activation fee with monthly installments to follow. The payment schedule and due dates shall be outlined on the invoice.
SERVICE CHARGE. If any Subscription installment is not paid within 7 days of the due date, the Subscriber shall pay to The SnapBar a service charge of $200. The SnapBar may suspend the Subscriber's access to the photo booth until the monthly installment is received.
CARE AND OPERATION OF EQUIPMENT. The equipment may only be used and operated in a careful and proper manner. If using the equipment outdoors, the Subscriber shall take precautions to protect the equipment from weather damage.
RISK OF LOSS OR DAMAGE. The Subscriber 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, and agrees to return it to The SnapBar in the condition received from The SnapBar, with the exception of normal wear and tear, unless otherwise provided in this Subscription.
INDEMNITY OF THE SNAPBAR FOR LOSS OR DAMAGES. Unless otherwise provided in this Subscription, if the equipment is damaged or lost, The SnapBar shall have the option of requiring the Subscriber to repair the equipment to a state of good working order, or replace the equipment with like equipment in good repair, which equipment shall become the property of The SnapBar and subject to this Subscription.
ALTERATIONS. Subscriber shall make no alterations to the equipment without the prior written consent of The SnapBar. All alterations shall be the property of The SnapBar and subject to the terms of this Subscription.
RIGHT OF INSPECTION. The SnapBar shall have the right to inspect the equipment during Subscriber's normal business hours.
RETURN OF EQUIPMENT. At the end of the Subscription term, the Subscriber shall be obligated to return the equipment to The SnapBar within 2 business days of the Subscription’s termination date.
OPTION TO RENEW. If the Subscriber is not in default upon the expiration of this Subscription, the Subscriber shall have the option to renew this Subscription for a similar term on such terms as the parties may agree at the time of such renewal.
ACCEPTANCE OF EQUIPMENT. The Subscriber shall inspect each item of equipment delivered pursuant to this Subscription. The Subscriber shall immediately notify The SnapBar of any discrepancies between such item of equipment and the description of the equipment in the Equipment Schedule. If the Subscriber fails to provide such notice before accepting delivery of the equipment, the Subscriber will be conclusively presumed to have accepted the equipment as specified in the Equipment Schedule.
OWNERSHIP AND STATUS OF EQUIPMENT. The equipment will be deemed to be personal property, regardless of the manner in which it may be attached to any other property. The SnapBar shall be deemed to have retained title to the equipment at all times unless The SnapBar transfers the title by sale. The Subscriber shall immediately advise The SnapBar regarding any notice of any claim, levy, lien, or legal process issued against the equipment.
WARRANTY. The SnapBar makes no warranty of any kind regarding the rented equipment, except that The SnapBar 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 but only if The SnapBar has available equipment in its possession. Such replacement shall be made as soon as practicable after the Subscriber returns the non-conforming equipment.
LIABILITY AND INDEMNITY. Liability for injury, disability, and death of workers and other persons caused by operating, handling, or transporting the equipment during the term of this Subscription is the obligation of the Subscriber, and the Subscriber shall indemnify and hold The SnapBar harmless from and against all such liability.
CASUALTY INSURANCE. The Subscriber shall insure the equipment in an amount sufficient to cover the replacement cost of the equipment.
DEFAULT. The occurrence of any of the following shall constitute a default under this Subscription:
A. The failure to make a required payment under this Subscription 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 Subscriber.
D. The subjection of any of Subscriber's property to any levy, seizure, assignment, application or sale for or by any creditor or government agency.
RIGHTS ON DEFAULT. In addition to any other rights afforded The SnapBar by law, if the Subscriber is in default under this Subscription, without notice to or demand on the Subscriber, The SnapBar may take possession of the equipment as provided by law, deduct the costs of recovery (including attorney fees and legal costs), repair, and related costs, and hold the Subscriber responsible for any deficiency. The rights and remedies of The SnapBar provided by law and this Agreement shall be cumulative in nature. The SnapBar shall be obligated to renew the subscription, or otherwise mitigate the damages from the default, only as required by law.
NOTICE. All notices required or permitted under this Subscription 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 Subscription.
ENTIRE AGREEMENT AND MODIFICATION. This Subscription constitutes the entire agreement between the parties. No modification or amendment of this Subscription shall be effective unless in writing and signed by both parties. This Subscription replaces any and all prior agreements between the parties.
GOVERNING LAW. This Subscription shall be construed in accordance with the laws of the State of Washington.
SEVERABILITY. If any portion of this Subscription 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 Subscription 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 Subscription 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 Subscription.
EXHIBIT A - Equipment Description:
- Selfie Stand
- Mounted iPad
- LED light
- Extension cord
- iPad charging cable
- Power strip
EXHIBIT B - Service Description:
- Changes to app interface or branded wrap are not included in the Subscription price.
- App interface redesigns and re-wraps of the branded Selfie Stand are available upon request (additional costs may apply).