Terms of Service
Last Updated: 6/1/24
Welcome to BostonPhoto360.com (the “Website”), operated by BostonPhoto360 Inc. (“BostonPhoto360,” “we,” “us,” “our”). These Terms of Service (the “Terms”) govern your use of our website and the photo booth rental services we offer (collectively, the “Services”). By using our Services, you agree to be bound by these Terms and our Privacy Policy.
Please read these Terms carefully before making any booking or utilizing our Services. If you do not agree to these Terms, please do not use the Services.
- Service Description
We provide photo booth rental services, including equipment, attendants, and props. The following items and services are included in the rental:
– A photo booth attendant to assist throughout the event.
– Props for guest use.
– Set-up and breakdown of the photo booth, which requires a minimum of 1 hour before and after the event, depending on logistics.
– Custom backdrops can be ordered for an additional fee, but must be arranged in advance, especially if logos are required, due to time constraints.
– AI-generated backdrops for a standard photo booth may be used in place of a fabric backdrop or flower wall.
– Flower walls for a standard photo booth rental can be added for an additional $200 to the total booking.
- Client Responsibilities
Clients must ensure the following conditions are met for the photo booth setup:
– An electrical outlet must be available within 20 feet of the photo booth location.
– A minimum space of 10×10 feet is required for a 360º photo booth.
If these requirements are not met at the time of setup, BostonPhoto360 will make every reasonable effort to provide services; however, we cannot guarantee service under such conditions. The decision to proceed with the event, despite deviations from these terms, will be made at the sole discretion of the attending BostonPhoto360 representative. Failure to meet these requirements may result in service cancellation without a refund of the deposit.
- Payment Terms
– A non-refundable deposit of $250 is required to secure your booking date.
– The remaining balance must be paid no later than 7 days prior to the event date.
– All major credit cards are accepted. We also accept PayPal, Venmo, CashApp, and cash/check as secondary payment methods, but these require approval from BostonPhoto360 Inc.
– Late payments may be accepted or returned at the discretion of BostonPhoto360 Inc. (aka K-Madison Photography and Photo Booths). If a late payment is accepted, it must be for the full balance due, and a $50 late fee will apply, payable at the time of the late payment.
– Failure to pay the late fee may result in cancellation of the booking, at BostonPhoto360’s discretion.
- Rescheduling Policy
Rescheduling is permitted at the discretion of BostonPhoto360, based on availability. Requests for rescheduling must be submitted as early as possible, and BostonPhoto360 will accommodate such requests if both personal and professional availability align. Rescheduling is not guaranteed and is subject to availability.
- Force Majeure
BostonPhoto360 shall not be liable for any failure to perform its obligations under these Terms due to events beyond its control, including but not limited to:
– Acts of God (e.g., natural disasters).
– Government actions or restrictions.
– Venue cancellations or other unforeseeable events that prevent the Services from being rendered.
In the event of a force majeure event, both parties may choose to terminate or reschedule the contract without penalty. The client must provide written proof and evidence of venue cancellations or other events beyond the client’s control. However, cancellations caused by the client’s failure to pay the venue, secure the event space, or fulfill other financial obligations to the venue will not qualify as a force majeure and will not warrant a refund or rescheduling without penalty.
- Limitation of Liability
BostonPhoto360’s liability is limited to the total cost of the Services provided. In no event shall BostonPhoto360 be liable for:
– Technical failures or malfunctions of the photo booth equipment.
– Loss or damage to customer photos or files.
– Indirect, incidental, or consequential damages, such as loss of event revenue or any other damages that arise from equipment failure or loss of digital media.
By agreeing to these Terms, the client acknowledges that any liability BostonPhoto360 may have will be strictly limited to the value of the Services provided.
- Indemnification
The client agrees to indemnify and hold BostonPhoto360, its affiliates, and employees harmless from any claims, damages, injuries, or losses arising from:
– The client’s misuse of the photo booth.
– The failure to provide a safe environment for BostonPhoto360 personnel and equipment.
– Any incidents or claims arising during the event due to the actions or negligence of the client or event attendees.
The client assumes full responsibility for ensuring that the service area is safe and compliant with any venue or event regulations.
- Data Privacy
We respect your privacy and will not share your personal data or images without your consent. However, by using our Services, you grant BostonPhoto360 the right to use any photos or videos captured during your event for promotional and marketing purposes, unless you explicitly request otherwise in writing prior to the event. This may include social media posts, advertisements, website galleries, and other promotional materials.
- Dispute Resolution
Any disputes arising from these Terms will first be subject to mediation or arbitration. If mediation fails, the dispute may be resolved in the state or federal courts located in Massachusetts. Both parties agree to attempt mediation before resorting to formal litigation.
- Severability
If any part of these Terms is found to be unenforceable, the remaining provisions will remain in full effect. The invalid or unenforceable part will be reformed to the extent necessary to ensure its enforceability while maintaining the original intent of the provision.
- Termination
Either party may terminate the contract for material breach or by mutual consent. Termination of the contract does not affect accrued rights or obligations, and both parties remain responsible for actions or liabilities incurred prior to termination.
- Contact Us
For any questions or concerns regarding these Terms or the Services, please contact us at [email protected] or call 617-250-0284.
End of Terms
