This agreement made between Client [Renter] and K-Madison Photography and Photo Booths [Referred to as Vendor] for Photo Booth Services on the date and time selected on the booking application.

Retainer

An initial retainer and a signed contract must be secured prior to any services being performed by Vendor. Checking the checkbox “I agree to the terms of service” acts as client’s acceptance of the rental agreement.

Contracted services

Includes all services described in selected package details reviewed and distributed to clients on BostonPhoto360.com. Any additional services/products requested by the client incurred by vendor will be billed directly to client at cost. Additional services may be added at a fee.

For your convenience, payments to Vendor can be made through client’s website BostonPhoto360.com. Alternative
arrangements for deposit payments and final payments can be made between client and vendor.

Provided Documentation

All documentation created and provided to client is owned and copy written by Vendor and cannot be used or given to any other 3rd party.

Attire

All associates of Vendor will wear proper attire business casual attire. Specific requests by the client on attire can be made but must be agreed to by the vendor.

Day of Event Management/Vendor

– Client Will assign a Lead Associate or team member to direct the vendor to the appropriate setup location. Vendor will be present during the booked time to attend to activities and guests and manage Photo Booth equipment.

Liability

It is understood that Vendor is only liable for services completed and provided by the Vendor and cannot be held liable for the services of other contracted vendors. It is understood that in no event shall Vendor be liable for consequential damages of any kind.

Cancellation Policy

If event is canceled, no portion of the fees paid to Vendor will be returned. If event is canceled less than 6 months before date, final payment will be required to compensate for loss of event date. If the event is postponed, services contracted can be applied to a new date if available (refer to Postponement Policy).

Postponement Policy

If event is postponed, all services will cease at time of notification of postponement if no determined new date is provided. The client and vendor agree that all postponements and re-schedules are contingent upon the vendor having availability.

Responsibility

Vendor is not responsible for Acts Of God, Natural Disasters, an Act Of Government such as A Declaration of National or Local Emergency, or Other Incidents Not within the control of the Vendor, i.e. accident, death in the family, illness, pregnancy, or sudden tragic circumstance. In such a situation, Vendor will make a genuine documented attempt to obtain, upon approval of the client, a qualified professional replacement to fulfill Vendor’s obligations under the contract, at no additional charge to the client.

Contracted Vendor and Payments

Any rentals and/or subcontracted vendors contracted on behalf of client will be paid in full to Vendor directly at requested deadline. Proper notice will be provided per cost.

Payment Schedule and Method

For your convenience, payments can be made online via the vendor’s website BostonPhoto360.com using a valid credit card. Otherwise, payment is to be made by cash or check or other agreed upon platform.

• An initial retainer due upon completion of the signed agreement for services.
• 50% of remaining balance is due 6 months prior to event date.
• Remaining balance is due one week before event date.

If full-payment is not made prior to event date, vendor services shall not be performed and all funds received by vendor shall be forfeited by the client.

Attorney

If legal action is necessary to enforce the terms of this contract the prevailing party shall be entitled to reasonable attorney fees in addition to any other remedies to which that party might be legally entitled.

Appropriate Conduct/ Safe Working Environment

The Client(s) expressly agree(s) to take best efforts to provide Vendor and Vendor’s staff with safe and appropriate working conditions. In the event of circumstances deemed by either Vendor or a bystander to present a threat or implied threat of injury or harm to Vendor staff or equipment, the Vendor reserves the right to cancel all services remaining under this Agreement and leave the event. At the Vendor’s discretion, the Vendor may enact a three-strike policy. After the first offense, the Vendor will make reasonable efforts to notify the Client(s) or a responsible party. If the Client(s) is/are able to respond to the threatening situation in a reasonable amount of time (maximum of 15 minutes), Vendor shall resume work in accordance with the original terms of this Agreement. If the threatening behavior occurs for a second time, the Client(s) will agree to remove the offending person for the remainder of the event. If the behavior occurs a third time, the Vendor will immediately leave the event. If the Vendor leaves the event early due to any offending behavior, the Client(s) expressly agree to relieve and hold Vendor harmless as a result of incomplete event coverage, or for a lapse in the quality of the Vendor’s work, and the Client(s) shall be responsible for payment in full. No refunds or discounts shall be awarded if the vendor leaves due to an unsafe environment [example: drunk guests threatening attendant].

Use of 360º Photo Booth Equipment by Guests

The client understands and acknowledges that some guests may not be in a suitable condition to use the 360º Photo Booth due to intoxication or other related situations. The attendant has final say on who may use the 360º Photo Booth for safety purposes. Additionally, the 360º has a maximum number of 3 [THREE] people at a time, depending on weight and size. The attendant again, has final say on the number of guests allowed on the 360º platform for safety purposes.

Final Points

The undersigned have read this contract, understand its terms, and agree to be bound thereby. Any additions, deletions, or revisions must be made in writing and approved by all responsible parties. The parties agree that this contract is the complete and exclusive statement of the mutual understanding of the parties.