Rental Contract

Updated: April 27, 2024

The following terms and conditions set forth both parties’ full, written intention and supersedes all other written and/or oral agreements by and between the parties upon client booking and payment for Photo Booth Rental.

CONTRACTED SERVICE

The contracted service involves the client-selected photo booth rental package received, reviewed, and confirmed by the client.

Any additional services/products requested by the client incurred by the vendor will be billed directly to the client at cost. All services contracted cannot be deducted, but additional services can be added.

SET UP TIME

The vendor will require one hour before the event start time to set up and ensure everything is operating correctly for the event. Set-up time is additional time unrelated to the photo booth rental hours selected that begins at the listed photo booth start time.

EXTENDED TRAVEL AND ACCOMMODATIONS

All events taking place beyond 30 miles from the vendor’s business location include potential additional fees such as hotel rooms, and car rentals. All travel arrangements are required to be made by the Vendor with the agreement of associated costs included in the client invoice for payment.

ATTIRE

All associates of the Vendor will wear proper attire including a Brownie Box Photo Co. shirt on the day of the event. The Client agrees to provide any specific attire preference during the consultation call between parties before the contract agreement date with the agreement of associated costs included in the client invoice for payment.

OVERTIME

Additional unplanned and/or un-contracted services (such as, but not limited to, a full redo of design, day of event extension of time, services outside of the scope of the agreement, management of non-wedding day activities, etc.) are considered overtime and will be billed with prior notification and consent at the rate of $75 per hour.

CONTRACTED VENDOR AND PAYMENTS

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

PAYMENT  

Client consultation must occur to confirm event details before payment to ensure booking. Rental will be canceled if event details are not provided, or payment is not submitted as prescribed herein.

Payment is to be made in full at the time of purchase. If payment is not made in full at the time of purchase, the client understands that a 50% deposit of the rental total is due upon completion of the signed agreement for services. The client further understands that the 50% deposit is considered non-refundable and scheduled booking is not guaranteed until the balance owed is paid in full. 

The remaining amount due is to be paid in full at least 2 days before the client’s event as arranged with the vendor. If the client fails to make the remaining payment at least 2 days before the client’s event, the event will be canceled, and the client will forfeit whatever deposit was made. 

For client convenience, accepted forms of payment to the vendor can be made through Apple Pay or Debit/Credit through HoneyBook. 

SERVICE PERIOD 

The vendor agrees to have a photo booth operational for a minimum of 90% of the clients’ service period. Occasionally operations may need to be interrupted for normal maintenance of the photo booth i.e., changing of ink cartridges, media paper, etc. If in the event the normal maintenance time exceeds 10% of the clients’ service period the client will be reimbursed the amount of time the photo booth is inoperable, that amount to be pro-rated. 

ACCESS, SPACE & POWER FOR PHOTO BOOTH 

The client will arrange for an appropriate space for the photo booth at the designated venue (10’ deep x 10’ wide x 10’ high). The client is responsible for providing a power source for the photo booth (110V, 10 amps, 3-prong outlet). 

OUTDOOR EVENTS 

In cases involving an outdoor venue, the client understands the photo booth can be shut down during the event due to inclement weather (wind, rain, snow, hail, or sleet). If there is inclement weather and the photo booth has to be shut down, the event will be canceled, and any money given is non-refundable. Clients are encouraged to have an alternate plan in place for outdoor events to prevent a possible shutdown due to inclement weather or other unforeseen circumstances. Alternate plans may include having an indoor space available at the time of the event, so the event can be moved indoors before setting up or providing a protective tent covering for the event. Brownie Box Photo Co. will only set up and break down equipment once, so please plan accordingly. 

LIABILITY

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

DATE CHANGES & CANCELLATIONS 

Any request for a date change must be made in writing at least 10 days before the original event date. Date change is subject to photo booth availability and agreement between Brownie Box Photo Co. and the client. If the client requests a date change less than 10 days before the event date and there is no availability, any payment received up to that point will be forfeited by the client. Any event cancellations by the client must be received 10 days or more before the event date. If the request is received promptly, then the client will be refunded minus a 50% cancellation fee. If a client cancels an event within 10 days of the event date any payment received from the client shall be forfeited by the client. **Please note any refunds that a client is entitled to will be processed within ten calendar (10) days after the refund request is received. 

OBLIGATION

The 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, the vendor. will 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.

PRINTER TECHNICAL DIFFICULTIES 

In the event of a printer malfunction, the vendor shall allow clients access to their event photo digital files free of charge. The vendor is not responsible for any consequential damages or lost opportunities upon breach of this agreement. 

DAMAGE TO VENDOR’S EQUIPMENT 

Client acknowledges that it shall be responsible for reimbursing Brownie Box Photo Co. for any damage or loss of the vendor’s equipment caused by a) Any misuse of the vendor’s equipment by the client or its guests, or b) Any theft or disaster (including but not limited to fire, flood or earthquake). The vendor reserves the right to cancel the event due to clients’ and/or guest’s misuse and damage to the vendor’s equipment. If the event is canceled for this reason any payment paid for the event is non-refundable. 

INDEMNIFICATION  

The client agrees to, and understands the following: 

A) The client will indemnify the vendor against all liability related to the client’s event. 

b) The client will indemnify the vendor from the time of service and on into the future, against any liability associated with the client. 

c) The Client will indemnify the vendor against any liability associated with the use of pictures taken by Brownie Box Photo, its representatives, employees, or affiliates at the client’s event. 

SUBJECT RELEASE 

The client acknowledges and understands that Brownie Box Photo owns the rights and copyright of all images taken with our equipment and reserves the right to publish and use photos and likenesses of subjects for advertising and promotion purposes. Brownie Box Photo Co. is released from any liability resulting from the use of client photos and likenesses, and clients and/or affiliates are restricted from using photos for purposes other than personal and must obtain permission from Brownie Box Photo for commercial or other uses. The client must notify Brownie Box Photo if they wish their photos to be kept private. 

INSURANCE 

The vendor will have their own general liability insurance policy in place at the event unless the venue has insurance whereby the venue’s general liability insurance policy will govern. 

ENFORCEABILITY 

If any provision of these terms shall be unlawful, void, or for any reason unenforceable under contract law, then that provision, or portion thereof, shall be deemed separate from the rest of this contract and shall not affect the validity and enforceability of any remaining provisions, or portions thereof.  

ARBITRATION 

This is the entire agreement between vendor and client relating to the subject matter herein and shall not be modified except in writing, signed by both parties. In case of conflict between parties, the client agrees to solve any arguments via arbitration. 

MUTUAL UNDERSTANDING

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.