Terms of Photo Booth Service
Below are our Terms of Service for all photo booth rentals. This section is Part 1 of 2 in formation of the contract. We believe to streamline the process as fast as possible in case if there are any deadlines of approval of services so we are including the entire contract "fine print" wording online to have anytime access for review.
When you are ready to hire of our services after agreeing to the quote, we will send the exact wording below and will have the PDF file set up for electronic signature to agree to all terms of service. This would constitute as PART 1 of the signing. PART 2 will just be basic information like contact information, event date, time, etc. On signing of PART 2 then the contract has been officially formed and signed by both parties.
We update the following information, so all wording below is subject to change. Most current revision published on 4/14/25
When you are ready to hire of our services after agreeing to the quote, we will send the exact wording below and will have the PDF file set up for electronic signature to agree to all terms of service. This would constitute as PART 1 of the signing. PART 2 will just be basic information like contact information, event date, time, etc. On signing of PART 2 then the contract has been officially formed and signed by both parties.
We update the following information, so all wording below is subject to change. Most current revision published on 4/14/25
TERMS OF SERVICE
1. ACCEPTANCE OF THE TERMS OF SERVICE
THE FOLLOWING TERMS AND CONDITIONS (“TERMS”) APPLY TO YOUR USE OF THE WEBSITES AND EMAIL COMMUNICATIONS FROM ROB GALE PHOTOGRAPHY & PHOTO BOOTH, LLC. AND ITS AFFILIATES (“GALACTIC PHOTO BOOTHS”), INCLUDING ANY CONTENT, FUNCTIONALITY, PRODUCTS, AND SERVICES OFFERED ON OR THROUGH SUCH WEBSITES AND EMAILS, WHETHER AS A GUEST OR A CLIENT AT OR OVER THE AGE OF 18 YEARS OLD. THESE TERMS ALSO APPLY TO YOUR USE OF OTHER SERVICES THAT DISPLAY OR INCLUDE THESE TERMS (“ADDITIONAL SERVICES”). IN THESE TERMS, THE WEBSITE AND ADDITIONAL SERVICES ARE COLLECTIVELY REFERRED TO AS THE “SERVICES.”
PLEASE READ THESE TERMS CAREFULLY BEFORE YOU START TO USE THE SERVICES. BY USING THE SERVICES, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS OF SERVICE. IF YOU DO NOT WANT TO AGREE TO THESE TERMS OF SERVICE, YOU MUST NOT USE THE SERVICES.
2. CONTRACT BINDING
BY AGREEING TO THE FOLLOWING TERMS THIS WILL BE BINDING AS PART 1 OF THE PHOTO BOOTH CONTRACT.
PART 2 WILL INCLUDE THE FOLLOWING AT A LATER AGREEMENT DATE: NAME OF THE CLIENT,CLEINT’S CONTACT INORMATION OF PHONE AND EMAIL ADDRESS, DATE OF THE EVENT, NAME AND LOCATION OF THE EVENT VENUE, CONTACT INFROMATION OF THE VENUE LOCATION CORDINATOR, EVENT TYPE, SETUP TIME, OPORATION TIME, TEAR DOWN TIME, CUSTIMIZATION INFORMATION, EXTRA ADD ONS, PRICING, AND ANY ADDITIONAL NOTES. THE FIRM WILL WORK WITH THE CLIENT TO RECEIVE ALL NESSESARY INFORMATION TO FILL IN FOR PART 2.
ONCE PART 2 HAS BEEN AGREED BY BOTH PARTIES, BOTH PART 1 AND PART 2 ARE BINDING AS THE OFFICAL CONTRACT. AGREEING TO ONE PART OF THE TERMS WILL NOT CONSISTURE AS BINDING AND NO SERVICES WILL BE RENDERED.
3. ROLLS OF CLIENTS
The Firm: Rob Gale Photography & Photo Booth LLC is responsible for providing communication to the Client, create the design of the photo strip to the Client’s specific needs, help to coordinate the Firm’s part for the Client’s event, set-up/tear-down and operate the photo booth, and provide a tangible product either by only prints, digital files, or both to each guest who uses the photo booth and digital images for the Client to use.
The Client: The Client’s rolls and duties are to agree to the service contract terms and conditions, communicate with the Firm on organizing the event, communicating and finalizing the design of the photo strip to the Firm, agreeing to the event times and location for the Firm to arrive and set-up, to answer any questions the Firm may have prior and during the event, to receive the digital images produced by the Firm, to help with guests who are participating in the event alongside the Firm, agree to the amount from the quote, to issue out the check to the Firm, and to receive any partial or full refund from the Firm.
Event Coordinator: The Event Coordinator (abbreviated as EC) rolls and duties are to work under the supervision of the Client in organizing the event. His or her roles are to be a liaisons to the Client and has the authority to organize the event under the supervision of the Client to make decisions on behalf of the Client if applicable.
4. TYPES OF CLIENTS
The Firm works in collaboration with five different types of client categories. Depending on the type of client the Firm will be providing service to, certain section(s) will be as binding in PART 1 OF TERMS. All of the other types of clients for the event will not be binding in PART 1 OF TERMS.
1. Private Client: Private clients are as follows: individual person or persons who is over the age of 18 years old planning an event like a wedding, birthday party, reunion, religious (rite of passage) celebration, or any event associated with the Client. The Client may also be the EC.
2. Corporate Client: Corporation Clients are as follows: for-profit businesses who the Client is over the age of 18 years of planning an event like a corporate event/party, promotional event, expo, marketing event, or any event associated with the business. The EC, if not the Client, would be under the supervision of the Client to organize the event on behalf of the Client.
3. Tax Exempt Corporate Client: Corporation Clients are as follows: nonprofit businesses (ex. 501c3) who the Client is over the age of 18 years of planning an event like a corporate event/party, promotional event, expo, marketing event, or any event associated with the business. The EC, if not the Client, would be under supervision of the Client to organize the event on behalf of the Client.
4. For-Profit School Client: School Clients are as follows: for-profit school who the Client is over the age of 18 years of planning an event like a school dance, gala, fundraiser, end of year festivities, festivals, or any event associated with the school. The EC, if not the Client, would be under supervision of the Client to organize the event on behalf of the Client.
5. Nonprofit School Client: School Clients are as follows: nonprofit school (ex. 501c3) who the Client is over the age of 18 years of planning an event like a school dance, gala, fundraiser, end of year festivities, festivals, or any event associated with the school. The EC, if not the Client, would be under supervision of the Client to organize the event on behalf of the Client.
5. SERVICE PERIOD
The Service Period will be agreed by the Client and the Firm in PART 2. The Client acknowledges that operations may need to be interrupted for maintenance of the Photo Booth. If the Firm wishes to arrive earlier to setup not specified in the allowed time stated, the Firm will notify the Client for the request and will not charge for any early setup.
6. PAYMENT
The following pertains to the specific client the Firm will perform services for. Depending on the type of client the Firm will be providing service to, certain section(s) will be as binding in PART 1 OF TERMS. All of the other types of clients for the event will not be binding in PART 1 OF TERMS.
1. Private Client: The Client guarantees a deposit of $100.00 USD before the event and a remaining balance on the date of the event. State and County Surtax will be applied.
2. Corporate Client Events: The Client, the president and/or owner or the bookkeeper, guarantees a deposit of $100.00 USD before the event and a remaining balance on the date of the event. State and County Surtax will be applied.
3. Tax Exempt Corporate Client: The Client, the president and/or owner or the bookkeeper guarantees a deposit of $100.00 USD before the event and a remaining balance on the date of the event. The Client agrees to provide a Consumer’s Certificate of Exemption DR-14 for the Firm’s records in order not to charge for Florida State Sales Tax. Failure to provide a DR-14 or an expired DR-14 will result in the Firm to charge the Client the Florida State Sales Tax of 6% and a County surtax of which the event will take place.
4. For-Profit School Client: The Client guarantees a deposit of $100.00 USD before the event and a remaining balance on the date of the event. State and County Surtax will be applied.
5. Nonprofit School Client: The Client, the principal and/or assistant principal, or the bookkeeper have the option to be except from a partial payment until services are rendered by the Firm to be in line with district policy. This is established to protect the school from a lack of performance of a no-show by the Firm. The full amount of the services rendered will be on the date of service. The Client agrees to provide a Consumer’s Certificate of Exemption DR-14 for the Firm’s records in order not to charge for Florida State Sales Tax. Failure to provide a DR-14 or an expired DR-14 will result in the Firm to charge the Client the Florida State Sales Tax of 6% and a County surtax of which the event will take place.
All Client Events: If the operator uses the equipment for a time period in excess of the service period agreed to in the invoice below, the overage in rental time will be billed to the Client. Time will be rounded to the nearest 15 minute increment (example: Say the service time goes an extra 5 minutes the Client will be charged for a total of 15 minutes.) The Firm will be aware of the service time and will ensure to give time for guest(s) to finish his, her, and/or their session before the service time ends to meet the service time agreed.
Official payments of services are as follows: personal or bank certified check, money order, cash, direct deposit via bank routing number or electronic payments of the following third-party vendors: PayPal or Venmo.
If the Client chooses to do electronic payment of services from a third-party vendor, he or she will be responsible for any fees attached for the use of the electronic payment platform. The Firm does not accept credit, debit, or Bitcoin and other crypto currencies. Any returned checks or fraudulent checks that the Firm’s bank deems as fraudulent all bank fees are the responsibility of the Client.
Payment for any overage in time must be paid within 10 days after the event. Client agrees that in addition to any and all other legal rights and remedies. The Client is responsible to pay the Firm an additional $50.00 USD fee for any and all returned checks.
7. FAILURE TO PAY SERCVICES
The Firm will work in collaboration with the Client to ensure that all payments are met before any services are rendered. It is up to the discretion of the Firm to perform services if the agreed amount has not been made by the Client. In the event that the Client fails to pay all balances on the day of the event, the Firm has the right to the following:
8. EXPEDITION FEE
The Firm required a minimum of 14 days prior of days to do the inquiry process, write out quotes, and create the contract. This gives the Client to review the contract before signing. The Expedition fee will only start once the contract has been signed by both parties seven or less days prior to the event via electronic document signature by Adobe Acrobat with an electronic time stamp. This ensures the Firm has time to design the photo strip for approval by the Client, test out all equipment, sanitize all props, and load up the equipment into the Firm’s vehicle. For expedition “rush” process, the following fees are as followed:
Seven to four days prior to the event date the Client will be billed 10% additional to the quoted price in the contract.
Three to two days prior to the event date the Client will be billed 12.5% additional to the quoted price in the contract.
One day prior to the event date the Client will be billed 15% additional to the quoted price in the contract.
Less that 24 hours prior to the event date (same day) the Client will be billed 20% additional to the quoted price in the contract.
All expedition fees are still taxable, and tax will be added after the expedition fee is applied.
9. ACCESS, SPACE, POWER, & WIFI DATA FOR PHOTO BOOTH
The Client will arrange for an appropriate space for the Photo Booth at event's venue. (Approximately 10’ deep x 20’ wide). The Client will provide electrical power and WIFI data at no cost to the Firm (WIFI functionality with either the Social Sharing Booth and Roamer Booth). If possible, the Firm requests that the Client arrange with the venue staff to provide chair(s) and/or tables.
10. DATE CHANGES, CANCELLATIONS, & REVISION FEES
Any request for a date change must be made in writing at least fifteen (15) calendar days in advance of the original event date either by USPS, UPS, FedEx, DHL or the Firm’s official email at robgalephotography@gmail.com. It is the responsibility of the Client to notify the Firm of any or all date changes so the Firm can make necessary changes to the payment. The Client is responsible for any postage of written request. Any forms of communication either by phone, text, social media, or any third-party websites with a “contact-the-photographer” page will not be considered official requests. Change is subject to photo booth availability and receipt of a new Service Contract. If the Client cancels event for any reason, the Client will be responsible for a $100.00 USD cancellation payment due the Firm within 15 calendar days.
If the Client cancels the contract services for any reason 24 hours or more before the event start time, the Client agrees to pay the $100.00 USD partial payment for having the date reserved for them. If the Client cancels the event within 24 hours or less prior of the event start time, the Client is required to pay the Firm the full amount. Any cancelation requires a written notice in the official email or a mailed letter.
If the Firm cancels their services, the amounts paid to the Firm prior to the event will be refunded to the Client within 10 calendar days of the cancellation by the Firm issuing a check via the USPS.
If the Client wishes to terminate any additional services (example Uplighting and/or Monogram Light) but wishes to keep the photo booth services, since all services are bounded together as a collective whole, a new contract will need to be created and the previous signed contract will be void. The new contract will be labeled as Revised Contract. The down deposit of $100.00 USD will be kept by the Firm and carried over to the new contract. The Expedition Fee will be in effect in a revised contract.
The Firm will oversee designing the photo booth template with the guidance of the Client. The Firm will create the initial template and will give the Client the opportunity of two free revisions. For the third or any further revisions the Firm will charge the Client the amount of $20.00 USD per revision.
11. DOWNTIME PAYMENT
Photo Booth Only
If the Client requires the Firm’s setup earlier and/or later than the agreed time the Firm to wait for the event to start and/or end, the Firm will need to charge the full price per hour on non-operation time (Example 1: If the Client requires the Firm to be fully setup one hour prior the event starting which the Firm is ready for operation but can not perform services. Example 2: If the Client only hires the Firm for two hours while the event is going on for three hours while the Firm waits for the event to end before dismounting the equipment.). Setup and teardown is not included in the price but having the Firm to wait for the event to start and/or wait for the event to end before tearing down constitutes as downtime and will be charge accordingly. The Firm will inform the Client of payment for downtime before the event starts in writing. The Firm is aware that dismounting of the equipment may deem unprofessional while the Client’s event is going on and will instruct the Client that dismantling of the equipment early may disrupt the event and/or appear to guests that the event has ended. It is to the Client’s discretion and decision on when the service period will end and the Firm will agree to the service period agreed in the contract and will dismount the equipment at the agreed time.
If the Firm wishes to arrive earlier to setup not specified in the allowed time stated, the Firm will notify the Client for the request and will not charge for any early setup that results in downtime.
Photo Booth & Event Lighting
In the event that the Client hires the Firm for both the photo booth and event lighting, paragraph 1 and 2 applies. If the Client requests event lighting to be operational before and/or after photo booth services are rendered, the Firm will charge the Client at a rate of $17.00 USD per 15 minutes or $68.00 USD per hour. Time will be rounded to the nearest 15 minute increment (example: Say the service time goes an extra 5 minutes the Client will be charged for a total of 15 minutes.).
12. REIMBURSEMENT
At the time of operation, the Firm agrees that the photo booth is fully operational for the Client’s event. The Firm agrees to grant the Client a reimbursement for the following circumstances: A) a full reimbursement if the Firm’s equipment fails at the beginning through the end of the event. The Firm agrees to reimburse the Client in full within 10 calendar days via check. B) a partial reimbursement if the period of time goes past a period of 15 minutes or more of non-operation. Certain circumstances will not apply for the following: a) the printer run out of ink ribbon and paper and needs to be replaced, b) the ink ribbon and paper gets jammed and/or torn while printing, and c) computer freeze on the program. In these cases of section a-c, the Firm acknowledges these will take no longer than 15 minutes to resolve the issue. If the period of time does go longer that 15 minutes, the Firm will grant the Client a partial refund for each 15 minute increment thereafter. If there is an electrical outage at the facility where the event is being held, the Firm is not responsible for any reimbursement to the Client in INDEMIFICATION O.
13. DAMAGE TO PROVIDER'S EQUIPMENT
The Client acknowledges that it shall be responsible for any damage and/or loss to the Firm's equipment and/or props if caused directly by Client and/or by an employee under the supervision of the Client. This excludes the following: A) weather conditions (including but not limited to natural fire, flood, earthquake, hurricane, tropical storm, thunderstorm, hail, water damage, lightning and/or Acts of God), B) mass shooting, C) negligence of guests participating in the event (example: damaged to equipment caused by the guest(s), roughhousing, brawl, or other physical and/or verbal consultations by guests). In these circumstances, the Client will not be required to pay and/or replace any equipment and/or props provided by the Firm. Volunteers may be liable for damages and/or loss of Firm’s equipment and/or props if they violate Public Law 105-19 “Volunteer Protection Act of 1997” and Florida State Statute 768.1355 “Florida Volunteer Protection Act.”
14. JESSICA LUNDSFORD ACT
The Firm will comply with Florida State Statue 1012.467 “Jessica Lundsford Act” to ensure safety with all students and staff at the event for school clients. The Firm has the right to ask the Client and administration questions regarding the statue to ensure the Firm fulfills all requirements.
15. IMDEMIFICATION
The Firm and the Client agrees to and understands the following:
A) The parties agree to be fully responsible for their own acts of negligence, or their respective agent’s acts of negligence when acting within the scope of their employment, and agree to be liable for any damages prominently caused thereby; providing however, the parties agree that Client’s liability is subjected to the monetary limitations and defenses imposed by Florida State Statute Section 768.26. Nothing herein is intended to serve as a waiver for sovereign immunity by the Client, nor shall anything herein be constructed as consent by the Client to be sued by any third party for any cause or matter arising out or related to this Agreement.
B) The Client will not be held liable for any incidence that indirectly causes an incident. This entails the following: weather conditions (including but not limited to natural fire, flood, earthquake, hurricane, tropical storm, thunderstorm, hail, water damage, lightning and/or Acts of God), mass shooting, and/or and negligence of guests participating in the event (example: damaged to equipment caused by the guest(s), roughhousing, brawl, or other physical and/or verbal consultations by guests). If an incident does occur that happens at the event and is out of the control of the Client, the Firm will not hold the Client liable for the incident. In this circumstance, if the incident does happen only in the photographic area, the Firm will document the incident with photographic and written proof and will submit a claim to Liberty Mutual Insurance; Ohio Security Insurance Company. In any such incident does happen outside of the photographic area (example: a separate part of the event), the Firm will not be responsible and there will be no documentation.
Guests (above and under the age of 18) who participate at the event are not held liable for any wrongdoing to the Firm’s employees and/or equipment. If a guest misbehaves at the photo booth station the Firm has the right to notify the Client and/or administration of any misbehavior for them to take administrative action on the guest abiding by the district Code of Conduct.
The Client will not be held liable for any wrongdoing if the Firm’s equipment fails to perform or any equipment is lost, damaged, and/or stolen by guests at the event. If the equipment fails to operate, the Firm will provide reimbursement for the prorated amount of time that the equipment failed to perform stated in section REIMBURSTMENT of the contract.
Under the Public Law 105-19 “Volunteer Protection Act” and Florida State Statute 768.1355 “Florida Volunteer Protection Act,” volunteers have limited protection for wrongdoing. Depending on the situation, if a volunteer of the Client causes any incident that causes damage and/or theft of the Firm’s equipment and/or bodily harm/death, the volunteer may be liable to all liability. An investigation will need to be carried out to determine whether any or all wrongdoing of the volunteer. In this case, the Client will not be held liable.
C) Not on Client’s Property: The Client will not be held liable for any incident if an electrical incident happens on the venue property not owned by the Client. The liability solely relies on the venue owner and/or license electrician who installed and/or maintains the electricity of the property. This entails the following: 1) Improper electrical wiring that can cause electricity to arc and/or shock the Firm’s attendant(s), a guest(s) using the booth, and/or causes damage to the equipment. The Firm assumes that all electrical work on the property used by the Client is in compliance with the National Electrical Code (NEC) by a licensed electrician. If an electrical incident occurs the liability may be transferred to the contractor who performed the initial work. The Client is not liable if discovery shows that the electrical contractor did not follow the NEC regulations. In this case, the electrical contractors would be held liable for any and all bodily injuries, equipment damage, and legal fees.
D) On Client’s Property: The Client will be held liable for any incident if the incident is directly caused by the Client, either directly by the Client himself or herself or indirectly by the Client’s employees under certain circumstances. The Client agrees he or she is in supervision of all employees and volunteers at the event; unless the volunteer violates Public Law 105-19 “Volunteer Protection Act” and Florida State Statute 768.1355 “Florida Volunteer Protection Act”. Guests participating at the event are not subjected to liability stated in section B paragraph 2 in the INDEMIFICATION. The liability of the Client entails the following: 1) Improper electrical wiring that can cause electricity to arc and/or shock the Firm’s attendant(s), a guest(s) using the booth, and/or causes damage to the equipment on the Client’s property. The Firm assumes that all electrical work on the Client’s property is in compliance with the National Electrical Code (NEC) by a licensed electrician. If an electrical incident occurs the liability may be transferred to the contractor who performed the initial work. The Client would not be liable if a discovery shows that the electrical contractor is not employed by the Client failing to follow the NEC regulations. In this case, the electrical contractors would be held liable for any and all bodily injuries, equipment damage, and legal fees. The Client would be held liable if the electrical contractor is employed by the Client by failing to meet NEC regulations that causes any and all bodily injury and/or equipment damage. Failure to negligently performed, manipulated and/or compromised by anyone employed by the Client would be reverted to the Client. The Client would be held liable if the Client performed his or her own electrical installation and/or repair without an electrical license (example: installs an electrical outlet by himself or herself or improper amp breaker). 2) If an employee manipulates and/or maliciously intends to alter and/or change the Firm’s equipment to malfunction to cause bodily harm (example: loosening backdrop clamps or loosens screws to tripod of the camera and/or printer). 3) If an employee manipulates and/or maliciously intends to alter and/or change safety features implemented by the Firm (example: removing tape and/or rubber mats from the wires on the floor to prevent tripping or moving stanchions for safety boundaries). Any and all incidences of such matter in 1-3 of section D of the INDEMIFICATION will be photographed and documented and an internal investigation will need to be done by the Firm to determine the cause of the incident. If the Firm makes a discovery that the incident would have been prevented but was directly caused by the Client and/or the supervision of his or her employee(s), then the Client will be held liable for all bodily injury, equipment damages, and legal fees.
E) The Client is not held liable for any other employees not hired by the Client for any misconduct and/or wrongdoing that causes bodily harm and/or damage to the Firm’s equipment. All liability of those employees would be delegated to the supervision of the company who directly hired the employee(s) that caused an incident.
F) The Firm is not responsible if the injured party(ies) fails to notify the Client and the Firm within 72 hours of the incident. If an incident occurs out-of-site from the Client and the Firm, it is the responsibility of the guest(s) to notify the Client and the Firm of the incident on the day of the event. The Firm will take necessary measures to photograph, document and/or report the incident. If an incident did occur without the guest(s) notifying either the Client or the Firm’s knowledge from a guest(s) within 72 hours of the event using the photo booth, neither the Client or the Firm will be held liable.
G) The Firm is not responsible for any health-related illnesses in regards to the guests receiving a cold, flu, head lice, COVID-19, etc. The Firm will sanitize all props before the event and will provide hand sanitizer and alcohol wipes for all guests to use at their discretion. A sign will be posted at the prop table to this effect.
H) The Firm is not responsible for any health-related illness regarding non-diagnosed epilepsy. If a guest(s) has been diagnosed with epilepsy, it is the responsibility of the guest(s) not to use the photo booth because a flash will be emitted from the Apollo Booth, Lunar Booth, Gravity Booth, and Milky Way Booth (Comet Booth and Meteor Booth do not use flash but a constant LED light source. Asteroid Booth uses the guest’s cell phone and it may produce a flash.
I) The Firm is not responsible for any vulgar or obscene gestures within the booth by guests. The Firm will do quality control to review each photo before the image has been distributed to the guest(s) either printed or sent electronically via the guest’s email and/or text messaging platforms. Due to the nature of mouth and/or hand gestures being created and/or altered generation-by-generation, the Firm and its staff may not be adequate to identify each gesture and is not responsible if a gesture may slip pass quality control. If the Firm does see an obscene gesture, the Firm has the right to refuse to distribute the print and/or electronical delivery to the guest(s) and will instruct the guest(s) to redo the photo session again. All obscene gestures will be reported to the Client after the event so the Client has the right to perform administrative action on the guest(s) by the district Code of Conduct.
J) The Firm is not responsible if a guest on his or her own freewill publishes and/or post vulgar or obscene gestures on either email, text, social media post, and/or any other forms of physical print or digital media.
K) The Firm is not responsible for any loss or damage of the physical photo strip caused by guest(s) either by bends, rips, water damage, or fading of the image. Once the photo strip is given to the guest(s) by the Firm at the event, it is the responsibility of the guest(s) to maintain his or her own property.
L) The Firm is not responsible for the misuse of the physical media after given to the Client. The Firm will provide either a DVD/CD, flash drive, or cloud storage of images to the Client after the event within a period of 15 calendar days for the Client’s use. The Firm will also hold all digital files in its external hard drives and/or business cloud storage for a period of 90 days to give the Client adequate time to use and/or back-up his or her digital files. After the 90 day period the Firm has the right to destroy all digital files regardless if the Client has or has not properly stored the digital files. It is the Client’s responsibility to ensure proper digital file storage after by backing up all data either by additional DVD/CD, flash drive, and/or cloud storage. The Firm is not responsible for any loss or damage of digital files caused by the Client after the Firm delivers the digital files by either DVD/CD flash drive, and/or cloud storage.
M) The Firm is not responsible for liability if anyone under the age of 18 forges his or her identity to communicate with the Firm. This can entail the following: 1) Uses false image of himself or herself; either physically altered to enhance age through manipulation either by his or her own doing or by artificial intelligence (AI) imaging enhancement software, 2) Uses someone else’s image. 3) Alters his or her voice to appear older by voice enhancement software 4) Uses alternate email, landline, and/or cell phone number. The Firm will not solicit any marketing material and/or business contact information with a person under the age of 18 years old during the consultation stages, at the event, and after the event. The Firm will only communicate directly with an adult of the legal age of 18 years or older. If the Firm finds out that any communication was done by a forged identity stated in 1-4 of section M of the INDEMIFICATION, the Firm will terminate communication with the individual and the Firm will have the right to either request an adult of the legal age of 18 years old or order to continue the process or the Firm can terminate the entire contract with any fees and/or expenses occurred being billed to the legal adult. If the Firm finds out of fraudulent age after money has been exchanged, the Firm will hold the money until a legal adult can be contacted to continue the service. In this case, if the legal adult wishes not to have services rendered, all funds will be returned minus time that has already been placed on doing business (example: designing of the photo strip).
N) The Firm is not responsible if a DJ hijacks any or all battery power par uplights with wireless digital multiplex (DMX) connections, without the knowledge of the Firm and the Client, that results in flicker and/or flash of the lights that results in a seizure due to epilepsy or any other medical damage. If such an incident occurs, Firm will do an investigation on the cause of the incident. If a discovery is made that the DJ manipulates and/or maliciously intends to alter and/or change the Firm’s equipment to malfunction to cause bodily harm, the DJ will be fully liable for all bodily injuries, equipment damages, and legal fees.
O) The Firm is not responsible for any interruption of photo booth due to electrical outage of the facility or interruption of electric utility service by order of law enforcement under Florida State Statute 768.138.
P) The Firm is not responsible for a guest(s) failure to enter his or her contact information to receive the digital file if the photo booth model the Client chooses has the ability to share a digital file to the guest(s). The Firm will provide all digital files to the Client for his or her own purposes.
16. OPERATION OF THE BOOTH
The following pertains to each type of photo booth. There are 13 different photo booth models for the Client to choose from. The photo booth type the Client chooses is the part that is binding in PART 1 OF TERMS, and all of the other types of photo booth will not be pertained to PART 1 OF TERMS. As more photo booths are ready to rent, additional booths will be added below:
1) Apollo Booth
The Client fully understands that the Apollo Booth will be strictly a print only without digital delivery for each guest. The Apollo Booth is a stationary photo booth at the venue. The Client and their guests will receive a photographic print of the dimensions of a vertical 2x6 inches in the color space of CMYK. The photo strip will consist of three horizontal images in an aspect ratio of 3:2 on a vertical print format including a footer for words and/or design. Any written footer and/or boarder graphics will be customized to the Client’s request. The print will be instant dry to the touch. Each guest(s) will receive one photo strip per person. There is no limit to how many times a guest can enter in the photo booth but they will have to return to the back of the line so other guests can have their session. If a particular guest(s) enters the photo booth more than five separate an/or repetitive times within the event, the Firm will have the right to deny entry for that particular guest(s) into the photo booth so other guest(s) who have not had a chance to use the photo booth can have equal opportunity to use the photo booth. Guest size to enter the photo booth is approximately 1-15 people for open concept backdrop and between 1-8 people for a closed curtain backdrop. All wires will be taped to the floor with a rubber mat over the main walkway to prevent guests from tripping and/or fall that may result in injury and/or death.
2) Lunar Booth
The Client fully understands that the Lunar Booth will be strictly a print and/or digital delivery via email for each guest. The Lunar Booth is a stationary photo booth at the venue. The Client and their guests will receive a photographic print of the dimensions of a vertical 2x6 inches in the color space of CMYK. The photo strip will consist of three horizontal images in an aspect ratio of 3:2 on a vertical print format including a footer for words and/or design. Any written footer and/or boarder graphics will be customized to the Client’s request. The print will be instant dry to the touch. Each guest(s) will receive one photo strip per person. There is no limit to how many times a guest can enter in the photo booth but they will have to return to the back of the line so other guests can have their session. If a particular guest(s) enters the photo booth more than five separate an/or repetitive times within the event, the Firm will have the right to deny entry for that particular guest(s) into the photo booth so other guest(s) who have not had a chance to use the photo booth can have equal opportunity to use the photo booth. Guest size to enter the photo booth is approximately 1-15 people for open concept backdrop and between 1-8 people for a closed curtain backdrop. After their image(s) have been captured, the photo booth attendant will direct the guest(s) to walk over to the photo booth for image download to the guest(s) email and/or text. It is the responsibility for all guests to enter his or her email and/or text to receive their images stated in INDEMIFICATION P. RGP is not responsible for guest(s) forgetting to download his or her images. All wires will be taped to the floor with a rubber mat over the main walkway to prevent guests from tripping and/or fall that may result in injury and/or death.
3) Comet Booth
The Client fully understands that the Comet Booth will be a strictly digital delivery without prints for each guest. The Comet Booth is a stationary photo booth at the venue. The Client and their guests will receive a digital image in either a vertical or horizontal format either in .JPG, .GIF, or .MOV file formats via email and/or text. The orientation of the digital image will be at the discretion of the photo booth attendant to choose either vertical or horizontal to for composition to ensure how many people can fit inside the photo booth. Guest have the right to override the photo booth attendance discretion of orientation but the Firm is not responsible for improper composition of guests to fit properly inside the photographic area. The digital image(s) will be in an aspect ratio of 3:2 and will consist of a footer for words and/or design. Guest(s) have the option of choosing either one image, three images, or a burst consisting of approximately 12-15 images for each photo booth session. These digital images will be embedded in the file and will appear as one image frame. Any written footer and/or boarder graphics will be customized to the Client’s request. The Client and guests using the photo booth will have the opportunity to use the available digital props, GIF (three images), burst (a.k.a Boomerang) (approximately 12-15 images), filters, and special effects. There is no limit to how many times a guest can enter in the photo booth but they will have to return to the back of the line so other guests can have their session. If a particular guest(s) enters the photo booth more than five separate an/or repetitive times within the event, the Firm will have the right to deny entry for that particular guest(s) into the photo booth so other guest(s) who have not had a chance to use the photo booth can have equal opportunity to use the photo booth. Each guest will be able to send their photo to their choice of text or email messaging. The Firm will not collect, store, distribute and/or use guest(s) data for business and/or marketing use. Data in the form of email and/or text is solely for digital file delivery from the photo booth to the guest(s) for his or her own personal use. Guest size to enter the photo booth is between 1-20 people. After their image(s) have been captured, the photo booth attendant will direct the guest(s) to walk over to the photo booth for image download to the guest(s) email and/or text. It is the responsibility for all guests to enter his or her email and/or text to receive their images stated in INDEMIFICATION P. RGP is not responsible for guest(s) forgetting to download his or her images. Since the Comet Booth does not require external power, there will be no direct power cords. For the Comet Booth, if the Firm needs additional power to charge the booth, the Firm will connect power directly into an outlet. All wires will be taped to the floor and with a rubber mat over the main walkway to prevent guests from tripping and/or fall that may result in injury and/or death.
4) Meteor Booth
The Client fully understands that the Meteor Booth will be a strictly digital delivery without prints for each guest. The Meteor Booth is a roaming photo booth where the attendant will roam around the venue. The Client and their guests will receive a digital image in either a vertical or horizontal format either in .JPG, .GIF, or .MOV file formats via email and/or text. The orientation of the digital image will be at the discretion of the photo booth attendant to choose either vertical or horizontal to for composition to ensure how many people can fit inside the photo booth. Guest have the right to override the photo booth attendance discretion of orientation but the Firm is not responsible for improper composition of guests to fit properly inside the photographic area. The digital image(s) will be in an aspect ratio of 3:2 and will consist of a footer for words and/or design. Guest(s) have the option of choosing either one image, three images, or a burst consisting of approximately 12-15 images for each photo booth session. These digital images will be embedded in the file and will appear as one image frame. Any written footer and/or boarder graphics will be customized to the Client’s request. The Client and guests using the photo booth will have the opportunity to use the available digital props, GIF (three images), burst (a.k.a Boomerang) (approximately 12-15 images), filters, and special effects. There is no limit to how many times a guest can enter in the photo booth but they will have to return to the back of the line so other guests can have their session. If a particular guest(s) enters the photo booth more than five separate an/or repetitive times within the event, the Firm will have the right to deny entry for that particular guest(s) into the photo booth so other guest(s) who have not had a chance to use the photo booth can have equal opportunity to use the photo booth. Each guest will be able to send their photo to their choice of text or email messaging. The Firm will not collect, store, distribute and/or use guest(s) data for business and/or marketing use. Data in the form of email and/or text is solely for digital file delivery from the photo booth to the guest(s) for his or her own personal use. Guest size to enter the photo booth is between 1-20 people. Since the Meteor Booth does not require external power, there will be no direct power cords. For the Meteor Booth, if the Firm needs additional power to charge the booth, the Firm will connect power directly into an outlet. After their image(s) have been captured, the photo booth attendant will direct the guest(s) to walk over to the photo booth for image download to the guest(s) email and/or text. It is the responsibility for all guests to enter his or her email and/or text to receive their images stated in INDEMIFICATION P. RGP is not responsible for guest(s) forgetting to download his or her images. All wires will be taped to the floor and with a rubber mat over the main walkway to prevent guests from tripping and/or fall that may result in injury and/or death.
5) Gravity Booth
The Client fully understands that the Gravity Booth will be strictly a print only without digital delivery for each guest. The Gravity Booth is a stationary photo booth at the venue. The Client and their guests will receive a photographic print of the dimensions of 4x6 inches in the color space of CMYK. The photo strip will consist of one image in an aspect ratio of 3:2 on a vertical or horizontal print format including a footer for words and/or design. The Client is responsible for choosing which orientation he or she wants the print to be produced prior the event. Guest(s) do not have the ability to choose which orientation comes out of the sublimination printer because the photo booth template will be set prior to the event. Any written footer and/or boarder graphics will be customized to the Client’s request. The print will be instant dry to the touch. Each guest will receive one photo print per person. There is no limit to how many times a guest can enter the photo booth but they will have to return to the back of the line so other guests can have their session. If a particular guest(s) enters the photo booth more than five separate an/or repetitive times within the event, the Firm will have the right to deny entry for that particular guest(s) into the photo booth so other guest(s) who have not had a chance to use the photo booth can have equal opportunity to use the photo booth. Guest size to enter the photo booth is approximately 1-8 people for open concept backdrop. All wires will be taped to the floor and with a rubber mat over the main walkway to prevent guests from tripping and/or fall that may result in injury and/or death.
6) Milky Way Booth
The Client fully understands that the Milky Way Booth will be a print and/or digital delivery via email for each guest. The Milky Way Booth is a stationary photo booth at the venue. The Client and their guests will receive a photographic print of the dimensions of a vertical 2x6 inches in the color space of CMYK. The photo strip will consist of three horizontal images in an aspect ratio of 3:2 on a vertical print format including a footer for words and/or design. Any written footer and/or boarder graphics will be customized to the Client’s request. The print will be instant dry to the touch. Each guest(s) will receive one photo strip per person. There is no limit to how many times a guest can enter in the photo booth but they will have to return to the back of the line so other guests can have their session. If a particular guest(s) enters the photo booth more than five separate an/or repetitive times within the event, the Firm will have the right to deny entry for that particular guest(s) into the photo booth so other guest(s) who have not had a chance to use the photo booth can have equal opportunity to use the photo booth. Guest size to enter the photo booth is approximately 1-15 people for open concept backdrop and between 1-8 people for a closed curtain backdrop. Guests will have the ability to receive their images digitally via email. The Firm will not collect, store, distribute and/or use guest(s) data for business and/or marketing use. Data in the form of email and/or text is solely for digital file delivery from the photo booth to the guest(s) for his or her own personal use. After their image(s) have been captured, the photo booth attendant will direct the guest(s) to walk over to the photo booth for image download to the guest(s) email and/or text. It is the responsibility for all guests to enter his or her email and/or text to receive their images stated in INDEMIFICATION P. RGP is not responsible for guest(s) forgetting to download his or her images. All wires will be taped to the floor with a rubber mat over the main walkway to prevent guests from tripping and/or fall that may result in injury and/or death.
7) Asteroid Booth
The Client fully understands that the Asteroid Booth will be a strictly prints only for each guest. The Asteroid Booth is both stationary photo booth (printing station) at the venue and a roaming booth (where guests use his or her own cell phones).The Client and their guests use his or her cell phone to take the image. The Client and their guests are required to scan a QR code on his or her own cell phone to access the server provided by DNP Imagingcomm America Corporation, subsidiary of Dai Nippon Printing Co., Ltd. The web application is called Party Print. See lines 1-4 for specific Terms of Conditions from DNP Imagingcomm America Corporation. Guests are required to use their cell phone camera in order to use this photo booth by scanning a QR code. Once in the application, the Client and guests will have full access to upload and/or take images to upload to the event gallery. Every image the Client and guests capture will have the ability to print the image to the sublimination printer. All images taken during the event will be accessible to all guests to view in the cell phone gallery and/or the slideshow on the television, computer monitor, or projector. The Client and their guests will receive a photographic print of the dimensions of 4x6 inches in the color space of CMYK. The photo strip will consist of one image in an aspect ratio of 3:2 on a vertical or horizontal print format including only the image or a footer for words and/or design. The Client is responsible for choosing which orientation he or she wants the print to be produced prior the event. Guest(s) will have the ability to choose which orientation comes out of the sublimination printer because the photo booth template will be set prior to the event. Any written footer and/or boarder graphics will be customized to the Client’s request. The print will be instant dry to the touch. Each guest will receive one photo print per person. There is no limit to how many times a guest can enter the photo booth. There is no set limit to the guest size to enter the photo booth because all images are taken the guest’s cell phone. The Firm will have a designated table designated to lay out all prints from guests so they can locate and receive their image. After their image(s) have been captured, the photo booth attendant will direct the guest(s) to walk over to the photo booth for image download to the guest(s) email and/or text. It is the responsibility for all guests to enter his or her email and/or text to receive their images stated in INDEMIFICATION P. RGP is not responsible for guest(s) forgetting to download his or her images. All wires will be taped to the floor and with a rubber mat over the main walkway to prevent guests from tripping and/or fall that may result in injury and/or death.
INDEMIFICATION Specific to Asteroid Booth
The Indemnifications below are in congruent to with Indemnifications A-O. The Firm and the Client agrees to and understands the following:
A) The Firm is not responsible for any vulgar or obscene gestures within the booth by guests. Vulgar or obscene gestures are defined as the following: nudity, sexual activities, inappropriate hand and/or mouth gestures, lewd poses, gore, or blood. Party Print has established a content moderation filter to detect and flag to prevent any such images from being uploaded, printed, and shown on the event gallery/slideshow to be shown accidentally to guests using the web application. In the event that the moderation filter does fail to prevent an image from appearing, the Firm will need to temporarily disable the application to remove the image. The Firm will not be responsible for any downtime and will not issue a refund to the Client in the event of such happening. All obscene gestures will be reported to the Client after the event so the Client has the right to perform administrative action on the guest(s) by the district Code of Conduct.
B) The Firm is not responsible if a guest downloads another guest’s image by access to the event gallery.
C) The Firm is not responsible if a guest prints another guest’s image by access to the event gallery.
D) The Firm is not responsible if a guest accidentally or intentionally takes another guest’s image from the table. The Firm will work with the guest whose photo is missing to reprint a new image.
All wording below belongs to DNP Imagingcomm America Corporation and have no affiliation to the Firm. All terms and conditions can be accessed via the Party Print web app when guests access the application.
Terms and Conditions
By sharing your photos you are granting a license.
When you upload photos, you grant to DNP Imagingcomm America Corporation and out affiliates a worldwide, royalty-free, sublicensable, and transferable license to, publish and distribute those photos. This license is for the purpose of operating, promoting and improving Party Print.
By using the Party Print app, you represent that you have the legal right to share your photos.
You retain whatever ownership rights you have to your photos but it’s important to know that your photos could be shared with lots of people at your even and beyond.
8) Rover Booth
The Client fully understands that the Rover Booth will be a strictly digital delivery without prints for each guest. The Rover Booth is a roaming photo booth where the attendant will roam around the venue via a remote control motorized photo booth. The Client and their guests will receive a digital image in either a vertical or horizontal format either in .JPG, .GIF, or .MOV file formats via email and/or text. The orientation of the digital image will be at the discretion of the photo booth attendant to choose either vertical or horizontal to for composition to ensure how many people can fit inside the photo booth. Guest have the right to override the photo booth attendance discretion of orientation but the Firm is not responsible for improper composition of guests to fit properly inside the photographic area. The digital image(s) will be in an aspect ratio of 3:2 and will consist of a footer for words and/or design. Guest(s) have the option of choosing either one image, three images, or a burst consisting of approximately 12-15 images for each photo booth session. These digital images will be embedded in the file and will appear as one image frame. Any written footer and/or boarder graphics will be customized to the Client’s request. The Client and guests using the photo booth will have the opportunity to use the available digital props, GIF (three images), burst (a.k.a Boomerang) (approximately 12-15 images), filters, and special effects. There is no limit to how many times a guest can enter in the photo booth but they will have to return to the back of the line so other guests can have their session. If a particular guest(s) enters the photo booth more than five separate an/or repetitive times within the event, the Firm will have the right to deny entry for that particular guest(s) into the photo booth so other guest(s) who have not had a chance to use the photo booth can have equal opportunity to use the photo booth. Each guest will be able to send their photo to their choice of text or email messaging. The Firm will not collect, store, distribute and/or use guest(s) data for business and/or marketing use. Data in the form of email and/or text is solely for digital file delivery from the photo booth to the guest(s) for his or her own personal use. Guest size to enter the photo booth is between 1-20 people. Since the Rover Booth does not require external power, there will be no direct power cords. For the Rover Booth, if the Firm needs additional power to charge the booth, the Firm will connect power directly into an outlet. After their image(s) have been captured, the photo booth attendant will direct the guest(s) to walk over to the photo booth for image download to the guest(s) email and/or text. It is the responsibility for all guests to enter his or her email and/or text to receive their images stated in INDEMIFICATION P. RGP is not responsible for guest(s) forgetting to download his or her images. All wires will be taped to the floor and with a rubber mat over the main walkway to prevent guests from tripping and/or fall that may result in injury and/or death.
9) Black Hole Booth
The Client fully understands that the Black Hole Booth will be a strictly digital delivery without prints for each guest. The Black Hole Booth is a stationary photo booth at the venue. The Client and their guests will receive a digital image in either a vertical or horizontal format either in .JPG, .GIF, or .MOV file formats via email and/or text. The orientation of the digital image will be at the discretion of the photo booth attendant to choose either vertical or horizontal to for composition to ensure how many people can fit inside the photo booth. Guest have the right to override the photo booth attendance discretion of orientation but the Firm is not responsible for improper composition of guests to fit properly inside the photographic area. The digital image(s) will be in an aspect ratio of 3:2 and will consist of a footer for words and/or design. Guest(s) have the option of choosing either one image, three images, or a burst consisting of approximately 12-15 images for each photo booth session. These digital images will be embedded in the file and will appear as one image frame. Any written footer and/or boarder graphics will be customized to the Client’s request. The Client and guests using the photo booth will have the opportunity to use the available digital props, GIF (three images), burst (a.k.a Boomerang) (approximately 12-15 images), filters, and special effects. There is no limit to how many times a guest can enter in the photo booth but they will have to return to the back of the line so other guests can have their session. If a particular guest(s) enters the photo booth more than five separate an/or repetitive times within the event, the Firm will have the right to deny entry for that particular guest(s) into the photo booth so other guest(s) who have not had a chance to use the photo booth can have equal opportunity to use the photo booth. Each guest will be able to send their photo to their choice of text or email messaging. The Firm will not collect, store, distribute and/or use guest(s) data for business and/or marketing use. Data in the form of email and/or text is solely for digital file delivery from the photo booth to the guest(s) for his or her own personal use. Guest size to enter the photo booth is between 1-20 people. After their image(s) have been captured, the photo booth attendant will direct the guest(s) to walk over to the photo booth for image download to the guest(s) email and/or text. It is the responsibility for all guests to enter his or her email and/or text to receive their images stated in INDEMIFICATION P. RGP is not responsible for guest(s) forgetting to download his or her images. All wires will be taped to the floor with a rubber mat over the main walkway to prevent guests from tripping and/or fall that may result in injury and/or death.
10) Big Bang Booth
The Client fully understands that the Gravity Booth will be strictly a print only without digital delivery for each guest. The Gravity Booth is a stationary photo booth at the venue. The Client and their guests will receive a photographic print of the dimensions of 4x6 inches in the color space of CMYK. The photo strip will consist of one image in an aspect ratio of 3:2 on a vertical or horizontal print format including a footer for words and/or design. The Client is responsible for choosing which orientation he or she wants the print to be produced prior the event. Guest(s) do not have the ability to choose which orientation comes out of the sublimination printer because the photo booth template will be set prior to the event. Any written footer and/or boarder graphics will be customized to the Client’s request. The print will be instant dry to the touch. Each guest will receive one photo print per person. There is no limit to how many times a guest can enter the photo booth but they will have to return to the back of the line so other guests can have their session. If a particular guest(s) enters the photo booth more than five separate an/or repetitive times within the event, the Firm will have the right to deny entry for that particular guest(s) into the photo booth so other guest(s) who have not had a chance to use the photo booth can have equal opportunity to use the photo booth. Guest size to enter the photo booth is approximately 1-8 people for open concept backdrop. All wires will be taped to the floor and with a rubber mat over the main walkway to prevent guests from tripping and/or fall that may result in injury and/or death.
11) Orbital Booth
The Client fully understands that the Orbital Booth will be a strictly digital delivery without prints for each guest. The Orbital Booth is a stationary photo booth at the venue where guests will stand on a platform and a motorized arm will rotate around the guests. The Client and their guests will receive a digital video in a vertical format either in .MOV file formats via email and/or text. The videos will be in an aspect ratio of 3:2 in slow motion at 120 frames per second and will consist of a footer for words and/or design. These videos will be embedded in the file and will appear as one image frame. Any written footer and/or boarder graphics will be customized to the Client’s request. Guest(s) only have the option of choosing the slow-motion video during the photo booth session. There is no limit to how many times a guest can enter in the photo booth but they will have to return to the back of the line so other guests can have their session. If a particular guest(s) enters the photo booth more than five separate an/or repetitive times within the event, the Firm will have the right to deny entry for that particular guest(s) into the photo booth so other guest(s) who have not had a chance to use the photo booth can have equal opportunity to use the photo booth. Each guest will be able to send their videos to their choice of text or email messaging. The Firm will not collect, store, distribute and/or use guest(s) data for business and/or marketing use. Data in the form of email and/or text is solely for digital file delivery from the photo booth to the guest(s) for his or her own personal use. Guest size to enter the photo booth is between 1-4 people. After their videos have been captured, the photo booth attendant will direct the guest(s) to walk over to the photo booth kiosk for video download to the guest(s) email and/or text. It is the responsibility for all guests to enter his or her email and/or text to receive their videos stated in INDEMIFICATION P. RGP is not responsible for guest(s) forgetting to download his or her videos. All wires will be taped to the floor with a rubber mat over the main walkway to prevent guests from tripping and/or fall that may result in injury and/or death.
12) Pulsar Booth
The Client fully understands that the Pulsar Booth will be a strictly digital delivery without prints for each guest. The Pulsar Booth is a stationary photo booth at the venue where guests will stand around the photo booth while the photo booth spins in its own axis with its internal motor. The Client and their guests will receive a digital video in a horizontal format either in .MOV file formats via email and/or text. The videos will be in an aspect ratio of 2:3 in slow motion at 120 frames per second and will consist of a footer for words and/or design. These videos will be embedded in the file and will appear as one image frame. Any written footer and/or boarder graphics will be customized to the Client’s request. Guest(s) only have the option of choosing the slow-motion video during the photo booth session. There is no limit to how many times a guest can enter in the photo booth but they will have to return to the back of the line so other guests can have their session. If a particular guest(s) enters the photo booth more than five separate an/or repetitive times within the event, the Firm will have the right to deny entry for that particular guest(s) into the photo booth so other guest(s) who have not had a chance to use the photo booth can have equal opportunity to use the photo booth. Each guest will be able to send their videos to their choice of text or email messaging. The Firm will not collect, store, distribute and/or use guest(s) data for business and/or marketing use. Data in the form of email and/or text is solely for digital file delivery from the photo booth to the guest(s) for his or her own personal use. Guest size to enter the photo booth can be any size since guest stand around the photo booth while the photo booth rotates on its own axis. After their videos have been captured, the photo booth attendant will direct the guest(s) to walk over to the photo booth for video download to the guest(s) email and/or text. It is the responsibility for all guests to enter his or her email and/or text to receive their videos stated in INDEMIFICATION P. RGP is not responsible for guest(s) forgetting to download his or her videos.
13) Nebula Booth
The Client fully understands that the Nebula Booth will be a strictly digital delivery without prints for each guest. The Nebula Booth is a stationary photo booth at the venue where guests will stand in front at a specific safe distance while a robotic arm will articulate, rotate, and spin around on a stationary platform. The photo booth attendant will instruct all guests to stand a safe distance from the arm to prevent any injury and/or death. In the event that the robotic arm malfunctions, the attendant as the ability to press a kill switch that will stop all motion of the arm. The Client and their guests will receive a digital video in a horizontal format either in .MOV file formats via email and/or text. The videos will be in an aspect ratio of 2:3 in slow motion at 120 frames per second and will consist of a footer for words and/or design. These videos will be embedded in the file and will appear as one image frame. Any written footer and/or boarder graphics will be customized to the Client’s request. Guest(s) only have the option of choosing the slow-motion video during the photo booth session. There is no limit to how many times a guest can enter in the photo booth but they will have to return to the back of the line so other guests can have their session. If a particular guest(s) enters the photo booth more than five separate an/or repetitive times within the event, the Firm will have the right to deny entry for that particular guest(s) into the photo booth so other guest(s) who have not had a chance to use the photo booth can have equal opportunity to use the photo booth. Each guest will be able to send their videos to their choice of text or email messaging. The Firm will not collect, store, distribute and/or use guest(s) data for business and/or marketing use. Data in the form of email and/or text is solely for digital file delivery from the photo booth to the guest(s) for his or her own personal use. Guest size to enter the photo booth can be any size since guest stand around the photo booth while the photo booth rotates on its own axis. After their videos have been captured, the photo booth attendant will direct the guest(s) to walk over to the photo booth kiosk for video download to the guest(s) email and/or text. It is the responsibility for all guests to enter his or her email and/or text to receive their videos stated in INDEMIFICATION P. RGP is not responsible for guest(s) forgetting to download his or her videos. All wires will be taped to the floor with a rubber mat over the main walkway to prevent guests from tripping and/or fall that may result in injury and/or death.
17. EVENT LIGHTING
The following pertains if the Client chooses any form of event lighting service in PART 2 OF TERMS. The type of event lighting the Client chooses is binding.
All lighting used by the Firm contains the bulb type of LED. It is safe to touch but not recommended for guest(s) to touch at any time. The Firm is responsible for proper assembly and dismounting of any event lighting by securing any electrical wires with tape on the floor. The Firm is not responsible for any guest(s) who purposefully looks directly into the light(s). Any damage, either temporary or permanent, caused by negligence from a guest(s) eye(s) is the sole responsibility of the guest(s). All lights contain a fuse and all wires associated for connection in the wall have a ground. The Client has the right to request where to have the uplighting and/or/both the monogram light placed. However, when the Firm arrives to the event location and is aware that the location chosen by the Client to the shine of the light deems not the best location, the Firm will consult with the Client of the ineffectiveness of the shine of the light and will determine a more appropriate location to provide the best possible result.
1) Uplighting
Uplighting is defined as lights located on the ground and/or floor of the event that shine light alongside the wall to provide ambiance. The brightness of the LED bulb is approximately 36 watts with a volt range of 110, 50/60hz and at a power consumption of approximately 36 watts for a direct plug-in par uplight and 20 watts with a voltage range of 17, 50/60Hz and a power consumption of 14.8V on a 4000mAh battery par uplight. Approximate battery life is 6 hours in normal mode and 12 hours in energy save mode (single color). The Client will have a choice of nine different color choices. The Client can either choose to have one color or have multiple color choices to shine alongside the wall. All colors will be a solid color and will not flicker and/or flash to prevent any guest who may suffer with a diagnosis of epilepsy. All plug-in par uplights will be taped to the floor to prevent guests from tripping and/or fall that may result in injury and/or death. Guests are not permitted to stare directly into the par uplights which may result in temporary and/or permanent blindness to the eyes.
2) Monogram Light
Monogram light is defined as a light attached to a stand placed on the ground and/or floor of the event that shine light on either the floor or on a wall. In the event lighting industry this is also referred to as a Gobo. The brightness of the LED bulb is at 60-100 watts with a multi-volt range of 100-240, 50/60hz and at a power consumption ranging from 83.6-103 watts. The Monogram light will consist of either a white or color transparent words/logo/or image of the Client’s choosing prior to the event designed by the Firm. Depending on which unit the Client chooses to rent, the Client has the choice of having the Monogram Light shine to be either stationary if the shine will be located on a wall or if the Client chooses to have the light shine on the floor to be either stationary or rotating either clockwise or counterclockwise. The rotation of the shine will be determined by the Firm at the event to deem appropriate. The Monogram Light will be taped to the floor and have a weight on the stand to prevent guests from tripping and/or fall that may result in injury and/or death. Guests are not permitted to share directly into the Monogram Light which may result in temporary and/or permanent blindness of the eyes.
Depending on the event venue, the venue might not be suitable for a Monogram Light due to a combination of the following sicarios: the inability to dim the overhead lights, not able to close any windows from sunlight, the color of the wall is too light, and/or color of the floor is too light. In this situation, the Firm might need to relocate the Monogram Light to another location without the Client’s knowledge if the Client is not in the general vicinity for verbal consultation at the venue prior the start time of the event. The Firm will do within its ability to ensure the Monogram Light will be in the best possible location to be visible for the Client and its guests. The Firm will make it clear in writing via letter or email after the event to document any relocation of the Monogram Light. Furthermore, in the event that the Firm is not able to make any necessary modifications to the Monogram Light location and is not able to provide the
service, a full refund by check of the Monogram Light service will be given to the Client within 15 business days and mailed via the USPS.
18. MODEL RELEASE
The following in the model release pertains to the particular type of client the Firm will provide service to for the Client’s specific event. Depending on the type of client the Firm will be providing service to, certain section(s) of the model release will be as binding in PART 1 OF TERMS. All of the other types of clients for the event will not be binding in PART 1.
1. Private Client Events: The Client, if hosting a private event, agrees to and understands the following: The Client will be given either a CD/DVD, flash drive, or cloud storage access of all the photographic images taken for their discretionary use after the remaining balance is paid in full. The Client releases the Firm from any liability arising out of the Client’s use of the images. The Firm has the right to use and/or publish any images and/ or videotaped with audio with audio for portfolio use on its website, social media accounts, direct marketing mailing material, additional marketing materials, etc. without the consent of the Client. It is the Client’s obligation that he or she notifies all guests prior to the event who use the photo booth that his or her image will be used by the Firm (this includes the parent(s) or legal guardians of minors under the age of 18 years old). At the event, the Firm will have posted a Model Release form notifying his or her image will be photographed and/or videotaped with audio at the event. If a particular guest(s) wishes not to have his or her image(s) published that particular guest is responsible to contact the Firm in writing stating his or her wishes not to have his or her image used by the Firm. The Firm will respect the wishes of the guest and will not publish any images containing that guest or if multiple people are in the same photo an edit of the guest’s face will be blurred. The Firm will have a form available for the guest not wishing to have the image published at the event for the guest to sign and date his or her request. A photographic image will have to be taken privately by the Firm at the event to be used as reference for comparing any images of that individual might be located in order to do modifications to the image(s). (example: an extra photo strip will be printed as reference and the Firm will circle the guest(s) face in the extra photo strip as well as write a corresponding number on the back of the photo strip to the corresponding signature).
2. Corporate Client Events: The Client, if hosting a private event, agrees to and understands the following: The Client will be given either a CD/DVD, flash drive, or cloud storage access of all the photographic images taken for their discretionary use after the remaining balance is paid in full. The Client releases the Firm from any liability arising out of the Client’s use of the images. The Firm has the right to use and/or publish any images and/ or videotaped with audio with audio for portfolio use on its website, social media accounts, direct marketing mailing material, additional marketing materials, etc. without the consent of the Client. It is the Client’s obligation that he or she notifies all guests prior to the event who use the photo booth that his or her image will be used by the Firm (this includes the parent(s) or legal guardians of minors under the age of 18 years old). At the event, the Firm will have posted a Model Release form notifying his or her image will be photographed and/or videotaped with audio at the event. If a particular guest(s) wishes not to have his or her image(s) published that particular guest is responsible to contact the Firm in writing stating his or her wishes not to have his or her image used by the Firm. The Firm will respect the wishes of the guest and will not publish any images containing that guest or if multiple people are in the same photo an edit of the guest’s face will be blurred. The Firm will have a form available for the guest not wishing to have the image published at the event for the guest to sign and date his or her request. A photographic image will have to be taken privately by the Firm at the event to be used as reference for comparing any images of that individual might be located in order to do modifications to the image(s). (example: an extra photo strip will be printed as reference and the Firm will circle the guest(s) face in the extra photo strip as well as write a corresponding number on the back of the photo strip to the corresponding signature).
3. Tax Exempt Corporate Client: The Client, if hosting a private event, agrees to and understands the following: The Client will be given either a CD/DVD, flash drive, or cloud storage access of all the photographic images taken for their discretionary use after the remaining balance is paid in full. The Client releases the Firm from any liability arising out of the Client’s use of the images. The Firm has the right to use and/or publish any images and/ or videotaped with audio with audio for portfolio use on its website, social media accounts, direct marketing mailing material, additional marketing materials, etc. without the consent of the Client. It is the Client’s obligation that he or she notifies all guests prior to the event who use the photo booth that his or her image will be used by the Firm (this includes the parent(s) or legal guardians of minors under the age of 18 years old). At the event, the Firm will have posted a Model Release form notifying his or her image will be photographed and/or videotaped with audio at the event. If a particular guest(s) wishes not to have his or her image(s) published that particular guest is responsible to contact the Firm in writing stating his or her wishes not to have his or her image used by the Firm. The Firm will respect the wishes of the guest and will not publish any images containing that guest or if multiple people are in the same photo an edit of the guest’s face will be blurred. The Firm will have a form available for the guest not wishing to have the image published at the event for the guest to sign and date his or her request. A photographic image will have to be taken privately by the Firm at the event to be used as reference for comparing any images of that individual might be located in order to do modifications to the image(s). (example: an extra photo strip will be printed as reference and the Firm will circle the guest(s) face in the extra photo strip as well as write a corresponding number on the back of the photo strip to the corresponding signature).
4. For-Profit School Client: All images taken from the event will not be published and/or used for any reason unless the school and the parent(s) or legal guardian gives written permission to allow the Firm to publish the images and/or videotapes with audio. On written approval from the school, the Firm will conclude that all district/school related model releases were signed by a parent(s) or legal guardian at the beginning of the academic year or when the student arrived at the district/school due to a relocation, (a.k.a. moved), to a new permanent residence. A copy of a blank district/school model release will be required by the Firm in order to examine the exact wording in order to determine how the images can be used for publishing. If the Firm does not receive written notice to allow for publication and/or use of the images, the Firm will respect the school’s wishes and will not publish and/or use any content from the school event. If the Firm receives permission to publish and/or use the images from the school, the Firm will also notify the parent(s) or legal guardian for approval to publish any image(s) of the student. It will be the responsibility of the parent(s) or legal guardian to also approve the use of any image(s) and/or videotape(s) with audio to be used by the Firm for publication. If the student’s parent(s) or legal guardian declines to approve image(s) and/or videotape(s) with audio of any publication, the Firm will agree to destroy the digital files of the student’s image(s). If both the school and parent(s) or legal guardian grants permission for the Firm to use any image(s) and/or videotape(s) with audio of the student for publication, the Firm will have the right to use these files for portfolio use on its website, social media accounts, direct marketing mailing material (ex. post card or flier), additional marketing materials, etc. without the specific consent of the Client or the parent(s) or legal guardian. By request of the school, the Firm will destroy all images from the school event after the Firm delivers the final images to the Client. The Firm will only hold all images for a period of 90 days stated in Indemnification clause L. When 90 days are over, the Firm will destroy all image files from the Client’s event.
Some of the photo booth models allow for guests to receive their images digitally to a digital media device. The method of file delivery is through multimedia messaging service (MMS) or electronic mail (email). Guests will have the ability to view and/or download images for their personal use after the event has taken place. The Firm will not communicate or solicit with any guests who use the digital delivery method service. All data collected by the photo booth software will only be used to transmit the digital files to the appropriate guest. All data will only be temporarily stored in the software until the Client receives the digital files in INDEMIFICATION L. Once the Client has received the images then the Firm will destroy all guest’s data from the software.
The Firm and the Client will need to be in agreement on how the digital files will be sent out to guests in order to follow the district guidelines. Some photo booth models are only digital delivery (No hard copy prints. Examples of these booths are as follows: Social Sharing Booth and Roamer Booth.) Necessary measures will need to be taken by both parties to ensure the privacy of all students and staff who use the photo booth. The Firm grants permission for the school’s or district’s Information Technology (IT) department to get involved to aid the Firm to protect all guest’s files and data.
5. Nonprofit School Client: All images taken from the event will not be published and/or used for any reason unless the school and the parent(s) or legal guardian gives written permission to allow the Firm to publish the images and/or videotapes with audio. On written approval from the school, the Firm will conclude that all district/school related model releases were signed by a parent(s) or legal guardian at the beginning of the academic year or when the student arrived at the district/school due to a relocation, (a.k.a. moved), to a new permanent residence. A copy of a blank district/school model release will be required by the Firm in order to examine the exact wording in order to determine how the images can be used for publishing. If the Firm does not receive written notice to allow for publication and/or use of the images, the Firm will respect the school’s wishes and will not publish and/or use any content from the school event. If the Firm receives permission to publish and/or use the images from the school, the Firm will also notify the parent(s) or legal guardian for approval to publish any image(s) of the student. It will be the responsibility of the parent(s) or legal guardian to also approve the use of any image(s) and/or videotape(s) with audio to be used by the Firm for publication. If the student’s parent(s) or legal guardian declines to approve image(s) and/or videotape(s) with audio of any publication, the Firm will agree to destroy the digital files of the student’s image(s). If both the school and parent(s) or legal guardian grants permission for the Firm to use any image(s) and/or videotape(s) with audio of the student for publication, the Firm will have the right to use these files for portfolio use on its website, social media accounts, direct marketing mailing material (ex. post card or flier), additional marketing materials, etc. without the specific consent of the Client or the parent(s) or legal guardian. By request of the school, the Firm will destroy all images from the school event after the Firm delivers the final images to the Client. The Firm will only hold all images for a period of 90 days stated in Indemnification clause L. When 90 days are over, the Firm will destroy all image files from the Client’s event.
Some of the photo booth models allow for guests to receive their images digitally to a digital media device. The method of file delivery is through multimedia messaging service (MMS) or electronic mail (email). Guests will have the ability to view and/or download images for their personal use after the event has taken place. The Firm will not communicate or solicit with any guests who use the digital delivery method service. All data collected by the photo booth software will only be used to transmit the digital files to the appropriate guest. All data will only be temporarily stored in the software until the Client receives the digital files in INDEMIFICATION L. Once the Client has received the images then the Firm will destroy all guest’s data from the software.
The Firm and the Client will need to be in agreement on how the digital files will be sent out to guests in order to follow the district guidelines. Some photo booth models are only digital delivery (No hard copy prints. Examples of these booths are as follows: Social Sharing Booth and Roamer Booth.) Necessary measures will need to be taken by both parties to ensure the privacy of all students and staff who use the photo booth. The Firm grants permission for the school’s or district’s Information Technology (IT) department to get involved to aid the Firm to protect all guest’s files and data.
19. VENUE FEES/PARKING/TOLLS
Depending on the venue, the owner of the facility may require the Firm to pay a vendor fee for being on the property and/or require it to be added to the Firm’s general liability policy. The Firm will notify the Client if any vendor fees and/or adding the venue to the Firm’s general liability policy. The Client is responsible for any vendor fees by the venue to be paid in full. The Client is responsible for any parking fees at the venue. The Client is also responsible for any toll road and/or bridge toll fees on route to and from the venue. The Firm will take necessary measures not to use tolls unless necessary.
The Client has the right to be added to the Firm’s General Liability Policy at any time during the consultation and contract process. If the Client wishes to be added, the Firm will notify Liberty Mutual to be added to the policy.
20. CORPORATION WITH OTHER VENDORS
In the need to provide the Client the necessary service(s), the Firm may need to work in collaboration with other vendor(s) the Client has hired.
This can be classified as the venue owner/manager on duty, event coordinator not affiliated with the Client, event decorator, DJ, etc. The Firm will require the Client to provide all contact information of the vendor(s) on request by the Firm. The Firm will only contact the vendor if deemed necessary to perform the Firm’s service(s). All services rendered by the Firm are solely conducted by the Firm and is independent from other vendors. This is regarding operations of the photo booth and event lighting. Any designs of the photo booth strip, color choice of the uplighting, and design of the monogram light is solely done by the Firm and no other vendor. The Client can only conduct business with the Firm on decision making of planning of all services. The Client does not have permission to go through another vendor nor for the vendor directly to make decisions on the operation of the photo booth and event lighting; as well as the design of the photo booth strip, color choice of the uplighting, and design of the monogram light. If the Firm is contacted by any vendor in the decision-making stage, the Firm will disregard all decision making with other vendors and will only deal with decision making with the Client.
If deemed necessary, the Firm may need to make immediate decisions with other vendors at the day of the event without the Client’s knowledge. This only pertains to the placement of the photo booth location at the venue and the placement of the uplighting and monogram light. All design decision making stated above will not be affected. The Firm will be in full cooperation with other vendors to ensure that all services rendered by the Firm, as well as other vendor services, are met to meets the Client’s needs are fulfilled to ensure full efficiency.
The Firm may consult other vendors if deemed necessary for additional professional advice and/or consultation to provide adequate and efficient performance regarding the Firm’s service(s).
21. MISCELLANEOUS TERMS
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. This is the entire agreement between the Firm and the Client relating to the subject matter herein and shall not be modified except in writing, signed by all parties. In the event of a conflict between parties, the Client agrees to solve any arguments in the jurisdiction of Pinellas County, Florida. In case the photo booth is not operational to provide digital images, it is then the full responsibility of the guests to receive their images from the Client after the event has taken place. In the event the Firm is unable to supply a working photo booth for the Service Period, the Client shall be refunded a prorated amount based on the amount of service received. If no service is received, the Firm's maximum liability will be the return of all payments received from the Client. The Firm is not responsible for any consequential damages or lost opportunities upon breach of this agreement.
BY SIGNING TO THE TERMS, THE CLIENT IS BOUND BY ALL AGREEMENTS IN THE TERMS AND WILL BE BOUND AS PART 1 OF THE CONTRACT. PART 2 WILL BE AS FOLLOWS STATED IN 2. CONTRACT BINDING IN TERMS. IF SIGNED ELECTRONICALLY, THE CLIENT AGREES THAT THE ELECTRONIC SIGNATURE IS THEIR LEGITIMANT SIGNATURE. AND FORGERY OF THE ELECTRONIC SIGNATURE AND/OR ALTERING OF THE TERMS IS UNLAWFUL AND MAY RESULT IN LEGAL REMIFICATION AND/OR TERMINATION OF THE AGREEMENT.
Client Signature: _________________________________________________ Date: ___________________
Firm’s Signature:
Print Name: Robert Gale
Owner
1. ACCEPTANCE OF THE TERMS OF SERVICE
THE FOLLOWING TERMS AND CONDITIONS (“TERMS”) APPLY TO YOUR USE OF THE WEBSITES AND EMAIL COMMUNICATIONS FROM ROB GALE PHOTOGRAPHY & PHOTO BOOTH, LLC. AND ITS AFFILIATES (“GALACTIC PHOTO BOOTHS”), INCLUDING ANY CONTENT, FUNCTIONALITY, PRODUCTS, AND SERVICES OFFERED ON OR THROUGH SUCH WEBSITES AND EMAILS, WHETHER AS A GUEST OR A CLIENT AT OR OVER THE AGE OF 18 YEARS OLD. THESE TERMS ALSO APPLY TO YOUR USE OF OTHER SERVICES THAT DISPLAY OR INCLUDE THESE TERMS (“ADDITIONAL SERVICES”). IN THESE TERMS, THE WEBSITE AND ADDITIONAL SERVICES ARE COLLECTIVELY REFERRED TO AS THE “SERVICES.”
PLEASE READ THESE TERMS CAREFULLY BEFORE YOU START TO USE THE SERVICES. BY USING THE SERVICES, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS OF SERVICE. IF YOU DO NOT WANT TO AGREE TO THESE TERMS OF SERVICE, YOU MUST NOT USE THE SERVICES.
2. CONTRACT BINDING
BY AGREEING TO THE FOLLOWING TERMS THIS WILL BE BINDING AS PART 1 OF THE PHOTO BOOTH CONTRACT.
PART 2 WILL INCLUDE THE FOLLOWING AT A LATER AGREEMENT DATE: NAME OF THE CLIENT,CLEINT’S CONTACT INORMATION OF PHONE AND EMAIL ADDRESS, DATE OF THE EVENT, NAME AND LOCATION OF THE EVENT VENUE, CONTACT INFROMATION OF THE VENUE LOCATION CORDINATOR, EVENT TYPE, SETUP TIME, OPORATION TIME, TEAR DOWN TIME, CUSTIMIZATION INFORMATION, EXTRA ADD ONS, PRICING, AND ANY ADDITIONAL NOTES. THE FIRM WILL WORK WITH THE CLIENT TO RECEIVE ALL NESSESARY INFORMATION TO FILL IN FOR PART 2.
ONCE PART 2 HAS BEEN AGREED BY BOTH PARTIES, BOTH PART 1 AND PART 2 ARE BINDING AS THE OFFICAL CONTRACT. AGREEING TO ONE PART OF THE TERMS WILL NOT CONSISTURE AS BINDING AND NO SERVICES WILL BE RENDERED.
3. ROLLS OF CLIENTS
The Firm: Rob Gale Photography & Photo Booth LLC is responsible for providing communication to the Client, create the design of the photo strip to the Client’s specific needs, help to coordinate the Firm’s part for the Client’s event, set-up/tear-down and operate the photo booth, and provide a tangible product either by only prints, digital files, or both to each guest who uses the photo booth and digital images for the Client to use.
The Client: The Client’s rolls and duties are to agree to the service contract terms and conditions, communicate with the Firm on organizing the event, communicating and finalizing the design of the photo strip to the Firm, agreeing to the event times and location for the Firm to arrive and set-up, to answer any questions the Firm may have prior and during the event, to receive the digital images produced by the Firm, to help with guests who are participating in the event alongside the Firm, agree to the amount from the quote, to issue out the check to the Firm, and to receive any partial or full refund from the Firm.
Event Coordinator: The Event Coordinator (abbreviated as EC) rolls and duties are to work under the supervision of the Client in organizing the event. His or her roles are to be a liaisons to the Client and has the authority to organize the event under the supervision of the Client to make decisions on behalf of the Client if applicable.
4. TYPES OF CLIENTS
The Firm works in collaboration with five different types of client categories. Depending on the type of client the Firm will be providing service to, certain section(s) will be as binding in PART 1 OF TERMS. All of the other types of clients for the event will not be binding in PART 1 OF TERMS.
1. Private Client: Private clients are as follows: individual person or persons who is over the age of 18 years old planning an event like a wedding, birthday party, reunion, religious (rite of passage) celebration, or any event associated with the Client. The Client may also be the EC.
2. Corporate Client: Corporation Clients are as follows: for-profit businesses who the Client is over the age of 18 years of planning an event like a corporate event/party, promotional event, expo, marketing event, or any event associated with the business. The EC, if not the Client, would be under the supervision of the Client to organize the event on behalf of the Client.
3. Tax Exempt Corporate Client: Corporation Clients are as follows: nonprofit businesses (ex. 501c3) who the Client is over the age of 18 years of planning an event like a corporate event/party, promotional event, expo, marketing event, or any event associated with the business. The EC, if not the Client, would be under supervision of the Client to organize the event on behalf of the Client.
4. For-Profit School Client: School Clients are as follows: for-profit school who the Client is over the age of 18 years of planning an event like a school dance, gala, fundraiser, end of year festivities, festivals, or any event associated with the school. The EC, if not the Client, would be under supervision of the Client to organize the event on behalf of the Client.
5. Nonprofit School Client: School Clients are as follows: nonprofit school (ex. 501c3) who the Client is over the age of 18 years of planning an event like a school dance, gala, fundraiser, end of year festivities, festivals, or any event associated with the school. The EC, if not the Client, would be under supervision of the Client to organize the event on behalf of the Client.
5. SERVICE PERIOD
The Service Period will be agreed by the Client and the Firm in PART 2. The Client acknowledges that operations may need to be interrupted for maintenance of the Photo Booth. If the Firm wishes to arrive earlier to setup not specified in the allowed time stated, the Firm will notify the Client for the request and will not charge for any early setup.
6. PAYMENT
The following pertains to the specific client the Firm will perform services for. Depending on the type of client the Firm will be providing service to, certain section(s) will be as binding in PART 1 OF TERMS. All of the other types of clients for the event will not be binding in PART 1 OF TERMS.
1. Private Client: The Client guarantees a deposit of $100.00 USD before the event and a remaining balance on the date of the event. State and County Surtax will be applied.
2. Corporate Client Events: The Client, the president and/or owner or the bookkeeper, guarantees a deposit of $100.00 USD before the event and a remaining balance on the date of the event. State and County Surtax will be applied.
3. Tax Exempt Corporate Client: The Client, the president and/or owner or the bookkeeper guarantees a deposit of $100.00 USD before the event and a remaining balance on the date of the event. The Client agrees to provide a Consumer’s Certificate of Exemption DR-14 for the Firm’s records in order not to charge for Florida State Sales Tax. Failure to provide a DR-14 or an expired DR-14 will result in the Firm to charge the Client the Florida State Sales Tax of 6% and a County surtax of which the event will take place.
4. For-Profit School Client: The Client guarantees a deposit of $100.00 USD before the event and a remaining balance on the date of the event. State and County Surtax will be applied.
5. Nonprofit School Client: The Client, the principal and/or assistant principal, or the bookkeeper have the option to be except from a partial payment until services are rendered by the Firm to be in line with district policy. This is established to protect the school from a lack of performance of a no-show by the Firm. The full amount of the services rendered will be on the date of service. The Client agrees to provide a Consumer’s Certificate of Exemption DR-14 for the Firm’s records in order not to charge for Florida State Sales Tax. Failure to provide a DR-14 or an expired DR-14 will result in the Firm to charge the Client the Florida State Sales Tax of 6% and a County surtax of which the event will take place.
All Client Events: If the operator uses the equipment for a time period in excess of the service period agreed to in the invoice below, the overage in rental time will be billed to the Client. Time will be rounded to the nearest 15 minute increment (example: Say the service time goes an extra 5 minutes the Client will be charged for a total of 15 minutes.) The Firm will be aware of the service time and will ensure to give time for guest(s) to finish his, her, and/or their session before the service time ends to meet the service time agreed.
Official payments of services are as follows: personal or bank certified check, money order, cash, direct deposit via bank routing number or electronic payments of the following third-party vendors: PayPal or Venmo.
If the Client chooses to do electronic payment of services from a third-party vendor, he or she will be responsible for any fees attached for the use of the electronic payment platform. The Firm does not accept credit, debit, or Bitcoin and other crypto currencies. Any returned checks or fraudulent checks that the Firm’s bank deems as fraudulent all bank fees are the responsibility of the Client.
Payment for any overage in time must be paid within 10 days after the event. Client agrees that in addition to any and all other legal rights and remedies. The Client is responsible to pay the Firm an additional $50.00 USD fee for any and all returned checks.
7. FAILURE TO PAY SERCVICES
The Firm will work in collaboration with the Client to ensure that all payments are met before any services are rendered. It is up to the discretion of the Firm to perform services if the agreed amount has not been made by the Client. In the event that the Client fails to pay all balances on the day of the event, the Firm has the right to the following:
- To leave the event with no services rendered.
- To keep the down deposit for services rendered from the creation of the contract, design of the photo strip, loading and/or unloading of the Firm’s vehicle, hiring of any assistant(s), subscriptions to any photo booth software, and/or rental of any additional equipment not owned by the Firm.
- To hold all Client images as collateral until payments are made in full.
8. EXPEDITION FEE
The Firm required a minimum of 14 days prior of days to do the inquiry process, write out quotes, and create the contract. This gives the Client to review the contract before signing. The Expedition fee will only start once the contract has been signed by both parties seven or less days prior to the event via electronic document signature by Adobe Acrobat with an electronic time stamp. This ensures the Firm has time to design the photo strip for approval by the Client, test out all equipment, sanitize all props, and load up the equipment into the Firm’s vehicle. For expedition “rush” process, the following fees are as followed:
Seven to four days prior to the event date the Client will be billed 10% additional to the quoted price in the contract.
Three to two days prior to the event date the Client will be billed 12.5% additional to the quoted price in the contract.
One day prior to the event date the Client will be billed 15% additional to the quoted price in the contract.
Less that 24 hours prior to the event date (same day) the Client will be billed 20% additional to the quoted price in the contract.
All expedition fees are still taxable, and tax will be added after the expedition fee is applied.
9. ACCESS, SPACE, POWER, & WIFI DATA FOR PHOTO BOOTH
The Client will arrange for an appropriate space for the Photo Booth at event's venue. (Approximately 10’ deep x 20’ wide). The Client will provide electrical power and WIFI data at no cost to the Firm (WIFI functionality with either the Social Sharing Booth and Roamer Booth). If possible, the Firm requests that the Client arrange with the venue staff to provide chair(s) and/or tables.
10. DATE CHANGES, CANCELLATIONS, & REVISION FEES
Any request for a date change must be made in writing at least fifteen (15) calendar days in advance of the original event date either by USPS, UPS, FedEx, DHL or the Firm’s official email at robgalephotography@gmail.com. It is the responsibility of the Client to notify the Firm of any or all date changes so the Firm can make necessary changes to the payment. The Client is responsible for any postage of written request. Any forms of communication either by phone, text, social media, or any third-party websites with a “contact-the-photographer” page will not be considered official requests. Change is subject to photo booth availability and receipt of a new Service Contract. If the Client cancels event for any reason, the Client will be responsible for a $100.00 USD cancellation payment due the Firm within 15 calendar days.
If the Client cancels the contract services for any reason 24 hours or more before the event start time, the Client agrees to pay the $100.00 USD partial payment for having the date reserved for them. If the Client cancels the event within 24 hours or less prior of the event start time, the Client is required to pay the Firm the full amount. Any cancelation requires a written notice in the official email or a mailed letter.
If the Firm cancels their services, the amounts paid to the Firm prior to the event will be refunded to the Client within 10 calendar days of the cancellation by the Firm issuing a check via the USPS.
If the Client wishes to terminate any additional services (example Uplighting and/or Monogram Light) but wishes to keep the photo booth services, since all services are bounded together as a collective whole, a new contract will need to be created and the previous signed contract will be void. The new contract will be labeled as Revised Contract. The down deposit of $100.00 USD will be kept by the Firm and carried over to the new contract. The Expedition Fee will be in effect in a revised contract.
The Firm will oversee designing the photo booth template with the guidance of the Client. The Firm will create the initial template and will give the Client the opportunity of two free revisions. For the third or any further revisions the Firm will charge the Client the amount of $20.00 USD per revision.
11. DOWNTIME PAYMENT
Photo Booth Only
If the Client requires the Firm’s setup earlier and/or later than the agreed time the Firm to wait for the event to start and/or end, the Firm will need to charge the full price per hour on non-operation time (Example 1: If the Client requires the Firm to be fully setup one hour prior the event starting which the Firm is ready for operation but can not perform services. Example 2: If the Client only hires the Firm for two hours while the event is going on for three hours while the Firm waits for the event to end before dismounting the equipment.). Setup and teardown is not included in the price but having the Firm to wait for the event to start and/or wait for the event to end before tearing down constitutes as downtime and will be charge accordingly. The Firm will inform the Client of payment for downtime before the event starts in writing. The Firm is aware that dismounting of the equipment may deem unprofessional while the Client’s event is going on and will instruct the Client that dismantling of the equipment early may disrupt the event and/or appear to guests that the event has ended. It is to the Client’s discretion and decision on when the service period will end and the Firm will agree to the service period agreed in the contract and will dismount the equipment at the agreed time.
If the Firm wishes to arrive earlier to setup not specified in the allowed time stated, the Firm will notify the Client for the request and will not charge for any early setup that results in downtime.
Photo Booth & Event Lighting
In the event that the Client hires the Firm for both the photo booth and event lighting, paragraph 1 and 2 applies. If the Client requests event lighting to be operational before and/or after photo booth services are rendered, the Firm will charge the Client at a rate of $17.00 USD per 15 minutes or $68.00 USD per hour. Time will be rounded to the nearest 15 minute increment (example: Say the service time goes an extra 5 minutes the Client will be charged for a total of 15 minutes.).
12. REIMBURSEMENT
At the time of operation, the Firm agrees that the photo booth is fully operational for the Client’s event. The Firm agrees to grant the Client a reimbursement for the following circumstances: A) a full reimbursement if the Firm’s equipment fails at the beginning through the end of the event. The Firm agrees to reimburse the Client in full within 10 calendar days via check. B) a partial reimbursement if the period of time goes past a period of 15 minutes or more of non-operation. Certain circumstances will not apply for the following: a) the printer run out of ink ribbon and paper and needs to be replaced, b) the ink ribbon and paper gets jammed and/or torn while printing, and c) computer freeze on the program. In these cases of section a-c, the Firm acknowledges these will take no longer than 15 minutes to resolve the issue. If the period of time does go longer that 15 minutes, the Firm will grant the Client a partial refund for each 15 minute increment thereafter. If there is an electrical outage at the facility where the event is being held, the Firm is not responsible for any reimbursement to the Client in INDEMIFICATION O.
13. DAMAGE TO PROVIDER'S EQUIPMENT
The Client acknowledges that it shall be responsible for any damage and/or loss to the Firm's equipment and/or props if caused directly by Client and/or by an employee under the supervision of the Client. This excludes the following: A) weather conditions (including but not limited to natural fire, flood, earthquake, hurricane, tropical storm, thunderstorm, hail, water damage, lightning and/or Acts of God), B) mass shooting, C) negligence of guests participating in the event (example: damaged to equipment caused by the guest(s), roughhousing, brawl, or other physical and/or verbal consultations by guests). In these circumstances, the Client will not be required to pay and/or replace any equipment and/or props provided by the Firm. Volunteers may be liable for damages and/or loss of Firm’s equipment and/or props if they violate Public Law 105-19 “Volunteer Protection Act of 1997” and Florida State Statute 768.1355 “Florida Volunteer Protection Act.”
14. JESSICA LUNDSFORD ACT
The Firm will comply with Florida State Statue 1012.467 “Jessica Lundsford Act” to ensure safety with all students and staff at the event for school clients. The Firm has the right to ask the Client and administration questions regarding the statue to ensure the Firm fulfills all requirements.
15. IMDEMIFICATION
The Firm and the Client agrees to and understands the following:
A) The parties agree to be fully responsible for their own acts of negligence, or their respective agent’s acts of negligence when acting within the scope of their employment, and agree to be liable for any damages prominently caused thereby; providing however, the parties agree that Client’s liability is subjected to the monetary limitations and defenses imposed by Florida State Statute Section 768.26. Nothing herein is intended to serve as a waiver for sovereign immunity by the Client, nor shall anything herein be constructed as consent by the Client to be sued by any third party for any cause or matter arising out or related to this Agreement.
B) The Client will not be held liable for any incidence that indirectly causes an incident. This entails the following: weather conditions (including but not limited to natural fire, flood, earthquake, hurricane, tropical storm, thunderstorm, hail, water damage, lightning and/or Acts of God), mass shooting, and/or and negligence of guests participating in the event (example: damaged to equipment caused by the guest(s), roughhousing, brawl, or other physical and/or verbal consultations by guests). If an incident does occur that happens at the event and is out of the control of the Client, the Firm will not hold the Client liable for the incident. In this circumstance, if the incident does happen only in the photographic area, the Firm will document the incident with photographic and written proof and will submit a claim to Liberty Mutual Insurance; Ohio Security Insurance Company. In any such incident does happen outside of the photographic area (example: a separate part of the event), the Firm will not be responsible and there will be no documentation.
Guests (above and under the age of 18) who participate at the event are not held liable for any wrongdoing to the Firm’s employees and/or equipment. If a guest misbehaves at the photo booth station the Firm has the right to notify the Client and/or administration of any misbehavior for them to take administrative action on the guest abiding by the district Code of Conduct.
The Client will not be held liable for any wrongdoing if the Firm’s equipment fails to perform or any equipment is lost, damaged, and/or stolen by guests at the event. If the equipment fails to operate, the Firm will provide reimbursement for the prorated amount of time that the equipment failed to perform stated in section REIMBURSTMENT of the contract.
Under the Public Law 105-19 “Volunteer Protection Act” and Florida State Statute 768.1355 “Florida Volunteer Protection Act,” volunteers have limited protection for wrongdoing. Depending on the situation, if a volunteer of the Client causes any incident that causes damage and/or theft of the Firm’s equipment and/or bodily harm/death, the volunteer may be liable to all liability. An investigation will need to be carried out to determine whether any or all wrongdoing of the volunteer. In this case, the Client will not be held liable.
C) Not on Client’s Property: The Client will not be held liable for any incident if an electrical incident happens on the venue property not owned by the Client. The liability solely relies on the venue owner and/or license electrician who installed and/or maintains the electricity of the property. This entails the following: 1) Improper electrical wiring that can cause electricity to arc and/or shock the Firm’s attendant(s), a guest(s) using the booth, and/or causes damage to the equipment. The Firm assumes that all electrical work on the property used by the Client is in compliance with the National Electrical Code (NEC) by a licensed electrician. If an electrical incident occurs the liability may be transferred to the contractor who performed the initial work. The Client is not liable if discovery shows that the electrical contractor did not follow the NEC regulations. In this case, the electrical contractors would be held liable for any and all bodily injuries, equipment damage, and legal fees.
D) On Client’s Property: The Client will be held liable for any incident if the incident is directly caused by the Client, either directly by the Client himself or herself or indirectly by the Client’s employees under certain circumstances. The Client agrees he or she is in supervision of all employees and volunteers at the event; unless the volunteer violates Public Law 105-19 “Volunteer Protection Act” and Florida State Statute 768.1355 “Florida Volunteer Protection Act”. Guests participating at the event are not subjected to liability stated in section B paragraph 2 in the INDEMIFICATION. The liability of the Client entails the following: 1) Improper electrical wiring that can cause electricity to arc and/or shock the Firm’s attendant(s), a guest(s) using the booth, and/or causes damage to the equipment on the Client’s property. The Firm assumes that all electrical work on the Client’s property is in compliance with the National Electrical Code (NEC) by a licensed electrician. If an electrical incident occurs the liability may be transferred to the contractor who performed the initial work. The Client would not be liable if a discovery shows that the electrical contractor is not employed by the Client failing to follow the NEC regulations. In this case, the electrical contractors would be held liable for any and all bodily injuries, equipment damage, and legal fees. The Client would be held liable if the electrical contractor is employed by the Client by failing to meet NEC regulations that causes any and all bodily injury and/or equipment damage. Failure to negligently performed, manipulated and/or compromised by anyone employed by the Client would be reverted to the Client. The Client would be held liable if the Client performed his or her own electrical installation and/or repair without an electrical license (example: installs an electrical outlet by himself or herself or improper amp breaker). 2) If an employee manipulates and/or maliciously intends to alter and/or change the Firm’s equipment to malfunction to cause bodily harm (example: loosening backdrop clamps or loosens screws to tripod of the camera and/or printer). 3) If an employee manipulates and/or maliciously intends to alter and/or change safety features implemented by the Firm (example: removing tape and/or rubber mats from the wires on the floor to prevent tripping or moving stanchions for safety boundaries). Any and all incidences of such matter in 1-3 of section D of the INDEMIFICATION will be photographed and documented and an internal investigation will need to be done by the Firm to determine the cause of the incident. If the Firm makes a discovery that the incident would have been prevented but was directly caused by the Client and/or the supervision of his or her employee(s), then the Client will be held liable for all bodily injury, equipment damages, and legal fees.
E) The Client is not held liable for any other employees not hired by the Client for any misconduct and/or wrongdoing that causes bodily harm and/or damage to the Firm’s equipment. All liability of those employees would be delegated to the supervision of the company who directly hired the employee(s) that caused an incident.
F) The Firm is not responsible if the injured party(ies) fails to notify the Client and the Firm within 72 hours of the incident. If an incident occurs out-of-site from the Client and the Firm, it is the responsibility of the guest(s) to notify the Client and the Firm of the incident on the day of the event. The Firm will take necessary measures to photograph, document and/or report the incident. If an incident did occur without the guest(s) notifying either the Client or the Firm’s knowledge from a guest(s) within 72 hours of the event using the photo booth, neither the Client or the Firm will be held liable.
G) The Firm is not responsible for any health-related illnesses in regards to the guests receiving a cold, flu, head lice, COVID-19, etc. The Firm will sanitize all props before the event and will provide hand sanitizer and alcohol wipes for all guests to use at their discretion. A sign will be posted at the prop table to this effect.
H) The Firm is not responsible for any health-related illness regarding non-diagnosed epilepsy. If a guest(s) has been diagnosed with epilepsy, it is the responsibility of the guest(s) not to use the photo booth because a flash will be emitted from the Apollo Booth, Lunar Booth, Gravity Booth, and Milky Way Booth (Comet Booth and Meteor Booth do not use flash but a constant LED light source. Asteroid Booth uses the guest’s cell phone and it may produce a flash.
I) The Firm is not responsible for any vulgar or obscene gestures within the booth by guests. The Firm will do quality control to review each photo before the image has been distributed to the guest(s) either printed or sent electronically via the guest’s email and/or text messaging platforms. Due to the nature of mouth and/or hand gestures being created and/or altered generation-by-generation, the Firm and its staff may not be adequate to identify each gesture and is not responsible if a gesture may slip pass quality control. If the Firm does see an obscene gesture, the Firm has the right to refuse to distribute the print and/or electronical delivery to the guest(s) and will instruct the guest(s) to redo the photo session again. All obscene gestures will be reported to the Client after the event so the Client has the right to perform administrative action on the guest(s) by the district Code of Conduct.
J) The Firm is not responsible if a guest on his or her own freewill publishes and/or post vulgar or obscene gestures on either email, text, social media post, and/or any other forms of physical print or digital media.
K) The Firm is not responsible for any loss or damage of the physical photo strip caused by guest(s) either by bends, rips, water damage, or fading of the image. Once the photo strip is given to the guest(s) by the Firm at the event, it is the responsibility of the guest(s) to maintain his or her own property.
L) The Firm is not responsible for the misuse of the physical media after given to the Client. The Firm will provide either a DVD/CD, flash drive, or cloud storage of images to the Client after the event within a period of 15 calendar days for the Client’s use. The Firm will also hold all digital files in its external hard drives and/or business cloud storage for a period of 90 days to give the Client adequate time to use and/or back-up his or her digital files. After the 90 day period the Firm has the right to destroy all digital files regardless if the Client has or has not properly stored the digital files. It is the Client’s responsibility to ensure proper digital file storage after by backing up all data either by additional DVD/CD, flash drive, and/or cloud storage. The Firm is not responsible for any loss or damage of digital files caused by the Client after the Firm delivers the digital files by either DVD/CD flash drive, and/or cloud storage.
M) The Firm is not responsible for liability if anyone under the age of 18 forges his or her identity to communicate with the Firm. This can entail the following: 1) Uses false image of himself or herself; either physically altered to enhance age through manipulation either by his or her own doing or by artificial intelligence (AI) imaging enhancement software, 2) Uses someone else’s image. 3) Alters his or her voice to appear older by voice enhancement software 4) Uses alternate email, landline, and/or cell phone number. The Firm will not solicit any marketing material and/or business contact information with a person under the age of 18 years old during the consultation stages, at the event, and after the event. The Firm will only communicate directly with an adult of the legal age of 18 years or older. If the Firm finds out that any communication was done by a forged identity stated in 1-4 of section M of the INDEMIFICATION, the Firm will terminate communication with the individual and the Firm will have the right to either request an adult of the legal age of 18 years old or order to continue the process or the Firm can terminate the entire contract with any fees and/or expenses occurred being billed to the legal adult. If the Firm finds out of fraudulent age after money has been exchanged, the Firm will hold the money until a legal adult can be contacted to continue the service. In this case, if the legal adult wishes not to have services rendered, all funds will be returned minus time that has already been placed on doing business (example: designing of the photo strip).
N) The Firm is not responsible if a DJ hijacks any or all battery power par uplights with wireless digital multiplex (DMX) connections, without the knowledge of the Firm and the Client, that results in flicker and/or flash of the lights that results in a seizure due to epilepsy or any other medical damage. If such an incident occurs, Firm will do an investigation on the cause of the incident. If a discovery is made that the DJ manipulates and/or maliciously intends to alter and/or change the Firm’s equipment to malfunction to cause bodily harm, the DJ will be fully liable for all bodily injuries, equipment damages, and legal fees.
O) The Firm is not responsible for any interruption of photo booth due to electrical outage of the facility or interruption of electric utility service by order of law enforcement under Florida State Statute 768.138.
P) The Firm is not responsible for a guest(s) failure to enter his or her contact information to receive the digital file if the photo booth model the Client chooses has the ability to share a digital file to the guest(s). The Firm will provide all digital files to the Client for his or her own purposes.
16. OPERATION OF THE BOOTH
The following pertains to each type of photo booth. There are 13 different photo booth models for the Client to choose from. The photo booth type the Client chooses is the part that is binding in PART 1 OF TERMS, and all of the other types of photo booth will not be pertained to PART 1 OF TERMS. As more photo booths are ready to rent, additional booths will be added below:
1) Apollo Booth
The Client fully understands that the Apollo Booth will be strictly a print only without digital delivery for each guest. The Apollo Booth is a stationary photo booth at the venue. The Client and their guests will receive a photographic print of the dimensions of a vertical 2x6 inches in the color space of CMYK. The photo strip will consist of three horizontal images in an aspect ratio of 3:2 on a vertical print format including a footer for words and/or design. Any written footer and/or boarder graphics will be customized to the Client’s request. The print will be instant dry to the touch. Each guest(s) will receive one photo strip per person. There is no limit to how many times a guest can enter in the photo booth but they will have to return to the back of the line so other guests can have their session. If a particular guest(s) enters the photo booth more than five separate an/or repetitive times within the event, the Firm will have the right to deny entry for that particular guest(s) into the photo booth so other guest(s) who have not had a chance to use the photo booth can have equal opportunity to use the photo booth. Guest size to enter the photo booth is approximately 1-15 people for open concept backdrop and between 1-8 people for a closed curtain backdrop. All wires will be taped to the floor with a rubber mat over the main walkway to prevent guests from tripping and/or fall that may result in injury and/or death.
2) Lunar Booth
The Client fully understands that the Lunar Booth will be strictly a print and/or digital delivery via email for each guest. The Lunar Booth is a stationary photo booth at the venue. The Client and their guests will receive a photographic print of the dimensions of a vertical 2x6 inches in the color space of CMYK. The photo strip will consist of three horizontal images in an aspect ratio of 3:2 on a vertical print format including a footer for words and/or design. Any written footer and/or boarder graphics will be customized to the Client’s request. The print will be instant dry to the touch. Each guest(s) will receive one photo strip per person. There is no limit to how many times a guest can enter in the photo booth but they will have to return to the back of the line so other guests can have their session. If a particular guest(s) enters the photo booth more than five separate an/or repetitive times within the event, the Firm will have the right to deny entry for that particular guest(s) into the photo booth so other guest(s) who have not had a chance to use the photo booth can have equal opportunity to use the photo booth. Guest size to enter the photo booth is approximately 1-15 people for open concept backdrop and between 1-8 people for a closed curtain backdrop. After their image(s) have been captured, the photo booth attendant will direct the guest(s) to walk over to the photo booth for image download to the guest(s) email and/or text. It is the responsibility for all guests to enter his or her email and/or text to receive their images stated in INDEMIFICATION P. RGP is not responsible for guest(s) forgetting to download his or her images. All wires will be taped to the floor with a rubber mat over the main walkway to prevent guests from tripping and/or fall that may result in injury and/or death.
3) Comet Booth
The Client fully understands that the Comet Booth will be a strictly digital delivery without prints for each guest. The Comet Booth is a stationary photo booth at the venue. The Client and their guests will receive a digital image in either a vertical or horizontal format either in .JPG, .GIF, or .MOV file formats via email and/or text. The orientation of the digital image will be at the discretion of the photo booth attendant to choose either vertical or horizontal to for composition to ensure how many people can fit inside the photo booth. Guest have the right to override the photo booth attendance discretion of orientation but the Firm is not responsible for improper composition of guests to fit properly inside the photographic area. The digital image(s) will be in an aspect ratio of 3:2 and will consist of a footer for words and/or design. Guest(s) have the option of choosing either one image, three images, or a burst consisting of approximately 12-15 images for each photo booth session. These digital images will be embedded in the file and will appear as one image frame. Any written footer and/or boarder graphics will be customized to the Client’s request. The Client and guests using the photo booth will have the opportunity to use the available digital props, GIF (three images), burst (a.k.a Boomerang) (approximately 12-15 images), filters, and special effects. There is no limit to how many times a guest can enter in the photo booth but they will have to return to the back of the line so other guests can have their session. If a particular guest(s) enters the photo booth more than five separate an/or repetitive times within the event, the Firm will have the right to deny entry for that particular guest(s) into the photo booth so other guest(s) who have not had a chance to use the photo booth can have equal opportunity to use the photo booth. Each guest will be able to send their photo to their choice of text or email messaging. The Firm will not collect, store, distribute and/or use guest(s) data for business and/or marketing use. Data in the form of email and/or text is solely for digital file delivery from the photo booth to the guest(s) for his or her own personal use. Guest size to enter the photo booth is between 1-20 people. After their image(s) have been captured, the photo booth attendant will direct the guest(s) to walk over to the photo booth for image download to the guest(s) email and/or text. It is the responsibility for all guests to enter his or her email and/or text to receive their images stated in INDEMIFICATION P. RGP is not responsible for guest(s) forgetting to download his or her images. Since the Comet Booth does not require external power, there will be no direct power cords. For the Comet Booth, if the Firm needs additional power to charge the booth, the Firm will connect power directly into an outlet. All wires will be taped to the floor and with a rubber mat over the main walkway to prevent guests from tripping and/or fall that may result in injury and/or death.
4) Meteor Booth
The Client fully understands that the Meteor Booth will be a strictly digital delivery without prints for each guest. The Meteor Booth is a roaming photo booth where the attendant will roam around the venue. The Client and their guests will receive a digital image in either a vertical or horizontal format either in .JPG, .GIF, or .MOV file formats via email and/or text. The orientation of the digital image will be at the discretion of the photo booth attendant to choose either vertical or horizontal to for composition to ensure how many people can fit inside the photo booth. Guest have the right to override the photo booth attendance discretion of orientation but the Firm is not responsible for improper composition of guests to fit properly inside the photographic area. The digital image(s) will be in an aspect ratio of 3:2 and will consist of a footer for words and/or design. Guest(s) have the option of choosing either one image, three images, or a burst consisting of approximately 12-15 images for each photo booth session. These digital images will be embedded in the file and will appear as one image frame. Any written footer and/or boarder graphics will be customized to the Client’s request. The Client and guests using the photo booth will have the opportunity to use the available digital props, GIF (three images), burst (a.k.a Boomerang) (approximately 12-15 images), filters, and special effects. There is no limit to how many times a guest can enter in the photo booth but they will have to return to the back of the line so other guests can have their session. If a particular guest(s) enters the photo booth more than five separate an/or repetitive times within the event, the Firm will have the right to deny entry for that particular guest(s) into the photo booth so other guest(s) who have not had a chance to use the photo booth can have equal opportunity to use the photo booth. Each guest will be able to send their photo to their choice of text or email messaging. The Firm will not collect, store, distribute and/or use guest(s) data for business and/or marketing use. Data in the form of email and/or text is solely for digital file delivery from the photo booth to the guest(s) for his or her own personal use. Guest size to enter the photo booth is between 1-20 people. Since the Meteor Booth does not require external power, there will be no direct power cords. For the Meteor Booth, if the Firm needs additional power to charge the booth, the Firm will connect power directly into an outlet. After their image(s) have been captured, the photo booth attendant will direct the guest(s) to walk over to the photo booth for image download to the guest(s) email and/or text. It is the responsibility for all guests to enter his or her email and/or text to receive their images stated in INDEMIFICATION P. RGP is not responsible for guest(s) forgetting to download his or her images. All wires will be taped to the floor and with a rubber mat over the main walkway to prevent guests from tripping and/or fall that may result in injury and/or death.
5) Gravity Booth
The Client fully understands that the Gravity Booth will be strictly a print only without digital delivery for each guest. The Gravity Booth is a stationary photo booth at the venue. The Client and their guests will receive a photographic print of the dimensions of 4x6 inches in the color space of CMYK. The photo strip will consist of one image in an aspect ratio of 3:2 on a vertical or horizontal print format including a footer for words and/or design. The Client is responsible for choosing which orientation he or she wants the print to be produced prior the event. Guest(s) do not have the ability to choose which orientation comes out of the sublimination printer because the photo booth template will be set prior to the event. Any written footer and/or boarder graphics will be customized to the Client’s request. The print will be instant dry to the touch. Each guest will receive one photo print per person. There is no limit to how many times a guest can enter the photo booth but they will have to return to the back of the line so other guests can have their session. If a particular guest(s) enters the photo booth more than five separate an/or repetitive times within the event, the Firm will have the right to deny entry for that particular guest(s) into the photo booth so other guest(s) who have not had a chance to use the photo booth can have equal opportunity to use the photo booth. Guest size to enter the photo booth is approximately 1-8 people for open concept backdrop. All wires will be taped to the floor and with a rubber mat over the main walkway to prevent guests from tripping and/or fall that may result in injury and/or death.
6) Milky Way Booth
The Client fully understands that the Milky Way Booth will be a print and/or digital delivery via email for each guest. The Milky Way Booth is a stationary photo booth at the venue. The Client and their guests will receive a photographic print of the dimensions of a vertical 2x6 inches in the color space of CMYK. The photo strip will consist of three horizontal images in an aspect ratio of 3:2 on a vertical print format including a footer for words and/or design. Any written footer and/or boarder graphics will be customized to the Client’s request. The print will be instant dry to the touch. Each guest(s) will receive one photo strip per person. There is no limit to how many times a guest can enter in the photo booth but they will have to return to the back of the line so other guests can have their session. If a particular guest(s) enters the photo booth more than five separate an/or repetitive times within the event, the Firm will have the right to deny entry for that particular guest(s) into the photo booth so other guest(s) who have not had a chance to use the photo booth can have equal opportunity to use the photo booth. Guest size to enter the photo booth is approximately 1-15 people for open concept backdrop and between 1-8 people for a closed curtain backdrop. Guests will have the ability to receive their images digitally via email. The Firm will not collect, store, distribute and/or use guest(s) data for business and/or marketing use. Data in the form of email and/or text is solely for digital file delivery from the photo booth to the guest(s) for his or her own personal use. After their image(s) have been captured, the photo booth attendant will direct the guest(s) to walk over to the photo booth for image download to the guest(s) email and/or text. It is the responsibility for all guests to enter his or her email and/or text to receive their images stated in INDEMIFICATION P. RGP is not responsible for guest(s) forgetting to download his or her images. All wires will be taped to the floor with a rubber mat over the main walkway to prevent guests from tripping and/or fall that may result in injury and/or death.
7) Asteroid Booth
The Client fully understands that the Asteroid Booth will be a strictly prints only for each guest. The Asteroid Booth is both stationary photo booth (printing station) at the venue and a roaming booth (where guests use his or her own cell phones).The Client and their guests use his or her cell phone to take the image. The Client and their guests are required to scan a QR code on his or her own cell phone to access the server provided by DNP Imagingcomm America Corporation, subsidiary of Dai Nippon Printing Co., Ltd. The web application is called Party Print. See lines 1-4 for specific Terms of Conditions from DNP Imagingcomm America Corporation. Guests are required to use their cell phone camera in order to use this photo booth by scanning a QR code. Once in the application, the Client and guests will have full access to upload and/or take images to upload to the event gallery. Every image the Client and guests capture will have the ability to print the image to the sublimination printer. All images taken during the event will be accessible to all guests to view in the cell phone gallery and/or the slideshow on the television, computer monitor, or projector. The Client and their guests will receive a photographic print of the dimensions of 4x6 inches in the color space of CMYK. The photo strip will consist of one image in an aspect ratio of 3:2 on a vertical or horizontal print format including only the image or a footer for words and/or design. The Client is responsible for choosing which orientation he or she wants the print to be produced prior the event. Guest(s) will have the ability to choose which orientation comes out of the sublimination printer because the photo booth template will be set prior to the event. Any written footer and/or boarder graphics will be customized to the Client’s request. The print will be instant dry to the touch. Each guest will receive one photo print per person. There is no limit to how many times a guest can enter the photo booth. There is no set limit to the guest size to enter the photo booth because all images are taken the guest’s cell phone. The Firm will have a designated table designated to lay out all prints from guests so they can locate and receive their image. After their image(s) have been captured, the photo booth attendant will direct the guest(s) to walk over to the photo booth for image download to the guest(s) email and/or text. It is the responsibility for all guests to enter his or her email and/or text to receive their images stated in INDEMIFICATION P. RGP is not responsible for guest(s) forgetting to download his or her images. All wires will be taped to the floor and with a rubber mat over the main walkway to prevent guests from tripping and/or fall that may result in injury and/or death.
INDEMIFICATION Specific to Asteroid Booth
The Indemnifications below are in congruent to with Indemnifications A-O. The Firm and the Client agrees to and understands the following:
A) The Firm is not responsible for any vulgar or obscene gestures within the booth by guests. Vulgar or obscene gestures are defined as the following: nudity, sexual activities, inappropriate hand and/or mouth gestures, lewd poses, gore, or blood. Party Print has established a content moderation filter to detect and flag to prevent any such images from being uploaded, printed, and shown on the event gallery/slideshow to be shown accidentally to guests using the web application. In the event that the moderation filter does fail to prevent an image from appearing, the Firm will need to temporarily disable the application to remove the image. The Firm will not be responsible for any downtime and will not issue a refund to the Client in the event of such happening. All obscene gestures will be reported to the Client after the event so the Client has the right to perform administrative action on the guest(s) by the district Code of Conduct.
B) The Firm is not responsible if a guest downloads another guest’s image by access to the event gallery.
C) The Firm is not responsible if a guest prints another guest’s image by access to the event gallery.
D) The Firm is not responsible if a guest accidentally or intentionally takes another guest’s image from the table. The Firm will work with the guest whose photo is missing to reprint a new image.
All wording below belongs to DNP Imagingcomm America Corporation and have no affiliation to the Firm. All terms and conditions can be accessed via the Party Print web app when guests access the application.
Terms and Conditions
By sharing your photos you are granting a license.
When you upload photos, you grant to DNP Imagingcomm America Corporation and out affiliates a worldwide, royalty-free, sublicensable, and transferable license to, publish and distribute those photos. This license is for the purpose of operating, promoting and improving Party Print.
By using the Party Print app, you represent that you have the legal right to share your photos.
You retain whatever ownership rights you have to your photos but it’s important to know that your photos could be shared with lots of people at your even and beyond.
8) Rover Booth
The Client fully understands that the Rover Booth will be a strictly digital delivery without prints for each guest. The Rover Booth is a roaming photo booth where the attendant will roam around the venue via a remote control motorized photo booth. The Client and their guests will receive a digital image in either a vertical or horizontal format either in .JPG, .GIF, or .MOV file formats via email and/or text. The orientation of the digital image will be at the discretion of the photo booth attendant to choose either vertical or horizontal to for composition to ensure how many people can fit inside the photo booth. Guest have the right to override the photo booth attendance discretion of orientation but the Firm is not responsible for improper composition of guests to fit properly inside the photographic area. The digital image(s) will be in an aspect ratio of 3:2 and will consist of a footer for words and/or design. Guest(s) have the option of choosing either one image, three images, or a burst consisting of approximately 12-15 images for each photo booth session. These digital images will be embedded in the file and will appear as one image frame. Any written footer and/or boarder graphics will be customized to the Client’s request. The Client and guests using the photo booth will have the opportunity to use the available digital props, GIF (three images), burst (a.k.a Boomerang) (approximately 12-15 images), filters, and special effects. There is no limit to how many times a guest can enter in the photo booth but they will have to return to the back of the line so other guests can have their session. If a particular guest(s) enters the photo booth more than five separate an/or repetitive times within the event, the Firm will have the right to deny entry for that particular guest(s) into the photo booth so other guest(s) who have not had a chance to use the photo booth can have equal opportunity to use the photo booth. Each guest will be able to send their photo to their choice of text or email messaging. The Firm will not collect, store, distribute and/or use guest(s) data for business and/or marketing use. Data in the form of email and/or text is solely for digital file delivery from the photo booth to the guest(s) for his or her own personal use. Guest size to enter the photo booth is between 1-20 people. Since the Rover Booth does not require external power, there will be no direct power cords. For the Rover Booth, if the Firm needs additional power to charge the booth, the Firm will connect power directly into an outlet. After their image(s) have been captured, the photo booth attendant will direct the guest(s) to walk over to the photo booth for image download to the guest(s) email and/or text. It is the responsibility for all guests to enter his or her email and/or text to receive their images stated in INDEMIFICATION P. RGP is not responsible for guest(s) forgetting to download his or her images. All wires will be taped to the floor and with a rubber mat over the main walkway to prevent guests from tripping and/or fall that may result in injury and/or death.
9) Black Hole Booth
The Client fully understands that the Black Hole Booth will be a strictly digital delivery without prints for each guest. The Black Hole Booth is a stationary photo booth at the venue. The Client and their guests will receive a digital image in either a vertical or horizontal format either in .JPG, .GIF, or .MOV file formats via email and/or text. The orientation of the digital image will be at the discretion of the photo booth attendant to choose either vertical or horizontal to for composition to ensure how many people can fit inside the photo booth. Guest have the right to override the photo booth attendance discretion of orientation but the Firm is not responsible for improper composition of guests to fit properly inside the photographic area. The digital image(s) will be in an aspect ratio of 3:2 and will consist of a footer for words and/or design. Guest(s) have the option of choosing either one image, three images, or a burst consisting of approximately 12-15 images for each photo booth session. These digital images will be embedded in the file and will appear as one image frame. Any written footer and/or boarder graphics will be customized to the Client’s request. The Client and guests using the photo booth will have the opportunity to use the available digital props, GIF (three images), burst (a.k.a Boomerang) (approximately 12-15 images), filters, and special effects. There is no limit to how many times a guest can enter in the photo booth but they will have to return to the back of the line so other guests can have their session. If a particular guest(s) enters the photo booth more than five separate an/or repetitive times within the event, the Firm will have the right to deny entry for that particular guest(s) into the photo booth so other guest(s) who have not had a chance to use the photo booth can have equal opportunity to use the photo booth. Each guest will be able to send their photo to their choice of text or email messaging. The Firm will not collect, store, distribute and/or use guest(s) data for business and/or marketing use. Data in the form of email and/or text is solely for digital file delivery from the photo booth to the guest(s) for his or her own personal use. Guest size to enter the photo booth is between 1-20 people. After their image(s) have been captured, the photo booth attendant will direct the guest(s) to walk over to the photo booth for image download to the guest(s) email and/or text. It is the responsibility for all guests to enter his or her email and/or text to receive their images stated in INDEMIFICATION P. RGP is not responsible for guest(s) forgetting to download his or her images. All wires will be taped to the floor with a rubber mat over the main walkway to prevent guests from tripping and/or fall that may result in injury and/or death.
10) Big Bang Booth
The Client fully understands that the Gravity Booth will be strictly a print only without digital delivery for each guest. The Gravity Booth is a stationary photo booth at the venue. The Client and their guests will receive a photographic print of the dimensions of 4x6 inches in the color space of CMYK. The photo strip will consist of one image in an aspect ratio of 3:2 on a vertical or horizontal print format including a footer for words and/or design. The Client is responsible for choosing which orientation he or she wants the print to be produced prior the event. Guest(s) do not have the ability to choose which orientation comes out of the sublimination printer because the photo booth template will be set prior to the event. Any written footer and/or boarder graphics will be customized to the Client’s request. The print will be instant dry to the touch. Each guest will receive one photo print per person. There is no limit to how many times a guest can enter the photo booth but they will have to return to the back of the line so other guests can have their session. If a particular guest(s) enters the photo booth more than five separate an/or repetitive times within the event, the Firm will have the right to deny entry for that particular guest(s) into the photo booth so other guest(s) who have not had a chance to use the photo booth can have equal opportunity to use the photo booth. Guest size to enter the photo booth is approximately 1-8 people for open concept backdrop. All wires will be taped to the floor and with a rubber mat over the main walkway to prevent guests from tripping and/or fall that may result in injury and/or death.
11) Orbital Booth
The Client fully understands that the Orbital Booth will be a strictly digital delivery without prints for each guest. The Orbital Booth is a stationary photo booth at the venue where guests will stand on a platform and a motorized arm will rotate around the guests. The Client and their guests will receive a digital video in a vertical format either in .MOV file formats via email and/or text. The videos will be in an aspect ratio of 3:2 in slow motion at 120 frames per second and will consist of a footer for words and/or design. These videos will be embedded in the file and will appear as one image frame. Any written footer and/or boarder graphics will be customized to the Client’s request. Guest(s) only have the option of choosing the slow-motion video during the photo booth session. There is no limit to how many times a guest can enter in the photo booth but they will have to return to the back of the line so other guests can have their session. If a particular guest(s) enters the photo booth more than five separate an/or repetitive times within the event, the Firm will have the right to deny entry for that particular guest(s) into the photo booth so other guest(s) who have not had a chance to use the photo booth can have equal opportunity to use the photo booth. Each guest will be able to send their videos to their choice of text or email messaging. The Firm will not collect, store, distribute and/or use guest(s) data for business and/or marketing use. Data in the form of email and/or text is solely for digital file delivery from the photo booth to the guest(s) for his or her own personal use. Guest size to enter the photo booth is between 1-4 people. After their videos have been captured, the photo booth attendant will direct the guest(s) to walk over to the photo booth kiosk for video download to the guest(s) email and/or text. It is the responsibility for all guests to enter his or her email and/or text to receive their videos stated in INDEMIFICATION P. RGP is not responsible for guest(s) forgetting to download his or her videos. All wires will be taped to the floor with a rubber mat over the main walkway to prevent guests from tripping and/or fall that may result in injury and/or death.
12) Pulsar Booth
The Client fully understands that the Pulsar Booth will be a strictly digital delivery without prints for each guest. The Pulsar Booth is a stationary photo booth at the venue where guests will stand around the photo booth while the photo booth spins in its own axis with its internal motor. The Client and their guests will receive a digital video in a horizontal format either in .MOV file formats via email and/or text. The videos will be in an aspect ratio of 2:3 in slow motion at 120 frames per second and will consist of a footer for words and/or design. These videos will be embedded in the file and will appear as one image frame. Any written footer and/or boarder graphics will be customized to the Client’s request. Guest(s) only have the option of choosing the slow-motion video during the photo booth session. There is no limit to how many times a guest can enter in the photo booth but they will have to return to the back of the line so other guests can have their session. If a particular guest(s) enters the photo booth more than five separate an/or repetitive times within the event, the Firm will have the right to deny entry for that particular guest(s) into the photo booth so other guest(s) who have not had a chance to use the photo booth can have equal opportunity to use the photo booth. Each guest will be able to send their videos to their choice of text or email messaging. The Firm will not collect, store, distribute and/or use guest(s) data for business and/or marketing use. Data in the form of email and/or text is solely for digital file delivery from the photo booth to the guest(s) for his or her own personal use. Guest size to enter the photo booth can be any size since guest stand around the photo booth while the photo booth rotates on its own axis. After their videos have been captured, the photo booth attendant will direct the guest(s) to walk over to the photo booth for video download to the guest(s) email and/or text. It is the responsibility for all guests to enter his or her email and/or text to receive their videos stated in INDEMIFICATION P. RGP is not responsible for guest(s) forgetting to download his or her videos.
13) Nebula Booth
The Client fully understands that the Nebula Booth will be a strictly digital delivery without prints for each guest. The Nebula Booth is a stationary photo booth at the venue where guests will stand in front at a specific safe distance while a robotic arm will articulate, rotate, and spin around on a stationary platform. The photo booth attendant will instruct all guests to stand a safe distance from the arm to prevent any injury and/or death. In the event that the robotic arm malfunctions, the attendant as the ability to press a kill switch that will stop all motion of the arm. The Client and their guests will receive a digital video in a horizontal format either in .MOV file formats via email and/or text. The videos will be in an aspect ratio of 2:3 in slow motion at 120 frames per second and will consist of a footer for words and/or design. These videos will be embedded in the file and will appear as one image frame. Any written footer and/or boarder graphics will be customized to the Client’s request. Guest(s) only have the option of choosing the slow-motion video during the photo booth session. There is no limit to how many times a guest can enter in the photo booth but they will have to return to the back of the line so other guests can have their session. If a particular guest(s) enters the photo booth more than five separate an/or repetitive times within the event, the Firm will have the right to deny entry for that particular guest(s) into the photo booth so other guest(s) who have not had a chance to use the photo booth can have equal opportunity to use the photo booth. Each guest will be able to send their videos to their choice of text or email messaging. The Firm will not collect, store, distribute and/or use guest(s) data for business and/or marketing use. Data in the form of email and/or text is solely for digital file delivery from the photo booth to the guest(s) for his or her own personal use. Guest size to enter the photo booth can be any size since guest stand around the photo booth while the photo booth rotates on its own axis. After their videos have been captured, the photo booth attendant will direct the guest(s) to walk over to the photo booth kiosk for video download to the guest(s) email and/or text. It is the responsibility for all guests to enter his or her email and/or text to receive their videos stated in INDEMIFICATION P. RGP is not responsible for guest(s) forgetting to download his or her videos. All wires will be taped to the floor with a rubber mat over the main walkway to prevent guests from tripping and/or fall that may result in injury and/or death.
17. EVENT LIGHTING
The following pertains if the Client chooses any form of event lighting service in PART 2 OF TERMS. The type of event lighting the Client chooses is binding.
All lighting used by the Firm contains the bulb type of LED. It is safe to touch but not recommended for guest(s) to touch at any time. The Firm is responsible for proper assembly and dismounting of any event lighting by securing any electrical wires with tape on the floor. The Firm is not responsible for any guest(s) who purposefully looks directly into the light(s). Any damage, either temporary or permanent, caused by negligence from a guest(s) eye(s) is the sole responsibility of the guest(s). All lights contain a fuse and all wires associated for connection in the wall have a ground. The Client has the right to request where to have the uplighting and/or/both the monogram light placed. However, when the Firm arrives to the event location and is aware that the location chosen by the Client to the shine of the light deems not the best location, the Firm will consult with the Client of the ineffectiveness of the shine of the light and will determine a more appropriate location to provide the best possible result.
1) Uplighting
Uplighting is defined as lights located on the ground and/or floor of the event that shine light alongside the wall to provide ambiance. The brightness of the LED bulb is approximately 36 watts with a volt range of 110, 50/60hz and at a power consumption of approximately 36 watts for a direct plug-in par uplight and 20 watts with a voltage range of 17, 50/60Hz and a power consumption of 14.8V on a 4000mAh battery par uplight. Approximate battery life is 6 hours in normal mode and 12 hours in energy save mode (single color). The Client will have a choice of nine different color choices. The Client can either choose to have one color or have multiple color choices to shine alongside the wall. All colors will be a solid color and will not flicker and/or flash to prevent any guest who may suffer with a diagnosis of epilepsy. All plug-in par uplights will be taped to the floor to prevent guests from tripping and/or fall that may result in injury and/or death. Guests are not permitted to stare directly into the par uplights which may result in temporary and/or permanent blindness to the eyes.
2) Monogram Light
Monogram light is defined as a light attached to a stand placed on the ground and/or floor of the event that shine light on either the floor or on a wall. In the event lighting industry this is also referred to as a Gobo. The brightness of the LED bulb is at 60-100 watts with a multi-volt range of 100-240, 50/60hz and at a power consumption ranging from 83.6-103 watts. The Monogram light will consist of either a white or color transparent words/logo/or image of the Client’s choosing prior to the event designed by the Firm. Depending on which unit the Client chooses to rent, the Client has the choice of having the Monogram Light shine to be either stationary if the shine will be located on a wall or if the Client chooses to have the light shine on the floor to be either stationary or rotating either clockwise or counterclockwise. The rotation of the shine will be determined by the Firm at the event to deem appropriate. The Monogram Light will be taped to the floor and have a weight on the stand to prevent guests from tripping and/or fall that may result in injury and/or death. Guests are not permitted to share directly into the Monogram Light which may result in temporary and/or permanent blindness of the eyes.
Depending on the event venue, the venue might not be suitable for a Monogram Light due to a combination of the following sicarios: the inability to dim the overhead lights, not able to close any windows from sunlight, the color of the wall is too light, and/or color of the floor is too light. In this situation, the Firm might need to relocate the Monogram Light to another location without the Client’s knowledge if the Client is not in the general vicinity for verbal consultation at the venue prior the start time of the event. The Firm will do within its ability to ensure the Monogram Light will be in the best possible location to be visible for the Client and its guests. The Firm will make it clear in writing via letter or email after the event to document any relocation of the Monogram Light. Furthermore, in the event that the Firm is not able to make any necessary modifications to the Monogram Light location and is not able to provide the
service, a full refund by check of the Monogram Light service will be given to the Client within 15 business days and mailed via the USPS.
18. MODEL RELEASE
The following in the model release pertains to the particular type of client the Firm will provide service to for the Client’s specific event. Depending on the type of client the Firm will be providing service to, certain section(s) of the model release will be as binding in PART 1 OF TERMS. All of the other types of clients for the event will not be binding in PART 1.
1. Private Client Events: The Client, if hosting a private event, agrees to and understands the following: The Client will be given either a CD/DVD, flash drive, or cloud storage access of all the photographic images taken for their discretionary use after the remaining balance is paid in full. The Client releases the Firm from any liability arising out of the Client’s use of the images. The Firm has the right to use and/or publish any images and/ or videotaped with audio with audio for portfolio use on its website, social media accounts, direct marketing mailing material, additional marketing materials, etc. without the consent of the Client. It is the Client’s obligation that he or she notifies all guests prior to the event who use the photo booth that his or her image will be used by the Firm (this includes the parent(s) or legal guardians of minors under the age of 18 years old). At the event, the Firm will have posted a Model Release form notifying his or her image will be photographed and/or videotaped with audio at the event. If a particular guest(s) wishes not to have his or her image(s) published that particular guest is responsible to contact the Firm in writing stating his or her wishes not to have his or her image used by the Firm. The Firm will respect the wishes of the guest and will not publish any images containing that guest or if multiple people are in the same photo an edit of the guest’s face will be blurred. The Firm will have a form available for the guest not wishing to have the image published at the event for the guest to sign and date his or her request. A photographic image will have to be taken privately by the Firm at the event to be used as reference for comparing any images of that individual might be located in order to do modifications to the image(s). (example: an extra photo strip will be printed as reference and the Firm will circle the guest(s) face in the extra photo strip as well as write a corresponding number on the back of the photo strip to the corresponding signature).
2. Corporate Client Events: The Client, if hosting a private event, agrees to and understands the following: The Client will be given either a CD/DVD, flash drive, or cloud storage access of all the photographic images taken for their discretionary use after the remaining balance is paid in full. The Client releases the Firm from any liability arising out of the Client’s use of the images. The Firm has the right to use and/or publish any images and/ or videotaped with audio with audio for portfolio use on its website, social media accounts, direct marketing mailing material, additional marketing materials, etc. without the consent of the Client. It is the Client’s obligation that he or she notifies all guests prior to the event who use the photo booth that his or her image will be used by the Firm (this includes the parent(s) or legal guardians of minors under the age of 18 years old). At the event, the Firm will have posted a Model Release form notifying his or her image will be photographed and/or videotaped with audio at the event. If a particular guest(s) wishes not to have his or her image(s) published that particular guest is responsible to contact the Firm in writing stating his or her wishes not to have his or her image used by the Firm. The Firm will respect the wishes of the guest and will not publish any images containing that guest or if multiple people are in the same photo an edit of the guest’s face will be blurred. The Firm will have a form available for the guest not wishing to have the image published at the event for the guest to sign and date his or her request. A photographic image will have to be taken privately by the Firm at the event to be used as reference for comparing any images of that individual might be located in order to do modifications to the image(s). (example: an extra photo strip will be printed as reference and the Firm will circle the guest(s) face in the extra photo strip as well as write a corresponding number on the back of the photo strip to the corresponding signature).
3. Tax Exempt Corporate Client: The Client, if hosting a private event, agrees to and understands the following: The Client will be given either a CD/DVD, flash drive, or cloud storage access of all the photographic images taken for their discretionary use after the remaining balance is paid in full. The Client releases the Firm from any liability arising out of the Client’s use of the images. The Firm has the right to use and/or publish any images and/ or videotaped with audio with audio for portfolio use on its website, social media accounts, direct marketing mailing material, additional marketing materials, etc. without the consent of the Client. It is the Client’s obligation that he or she notifies all guests prior to the event who use the photo booth that his or her image will be used by the Firm (this includes the parent(s) or legal guardians of minors under the age of 18 years old). At the event, the Firm will have posted a Model Release form notifying his or her image will be photographed and/or videotaped with audio at the event. If a particular guest(s) wishes not to have his or her image(s) published that particular guest is responsible to contact the Firm in writing stating his or her wishes not to have his or her image used by the Firm. The Firm will respect the wishes of the guest and will not publish any images containing that guest or if multiple people are in the same photo an edit of the guest’s face will be blurred. The Firm will have a form available for the guest not wishing to have the image published at the event for the guest to sign and date his or her request. A photographic image will have to be taken privately by the Firm at the event to be used as reference for comparing any images of that individual might be located in order to do modifications to the image(s). (example: an extra photo strip will be printed as reference and the Firm will circle the guest(s) face in the extra photo strip as well as write a corresponding number on the back of the photo strip to the corresponding signature).
4. For-Profit School Client: All images taken from the event will not be published and/or used for any reason unless the school and the parent(s) or legal guardian gives written permission to allow the Firm to publish the images and/or videotapes with audio. On written approval from the school, the Firm will conclude that all district/school related model releases were signed by a parent(s) or legal guardian at the beginning of the academic year or when the student arrived at the district/school due to a relocation, (a.k.a. moved), to a new permanent residence. A copy of a blank district/school model release will be required by the Firm in order to examine the exact wording in order to determine how the images can be used for publishing. If the Firm does not receive written notice to allow for publication and/or use of the images, the Firm will respect the school’s wishes and will not publish and/or use any content from the school event. If the Firm receives permission to publish and/or use the images from the school, the Firm will also notify the parent(s) or legal guardian for approval to publish any image(s) of the student. It will be the responsibility of the parent(s) or legal guardian to also approve the use of any image(s) and/or videotape(s) with audio to be used by the Firm for publication. If the student’s parent(s) or legal guardian declines to approve image(s) and/or videotape(s) with audio of any publication, the Firm will agree to destroy the digital files of the student’s image(s). If both the school and parent(s) or legal guardian grants permission for the Firm to use any image(s) and/or videotape(s) with audio of the student for publication, the Firm will have the right to use these files for portfolio use on its website, social media accounts, direct marketing mailing material (ex. post card or flier), additional marketing materials, etc. without the specific consent of the Client or the parent(s) or legal guardian. By request of the school, the Firm will destroy all images from the school event after the Firm delivers the final images to the Client. The Firm will only hold all images for a period of 90 days stated in Indemnification clause L. When 90 days are over, the Firm will destroy all image files from the Client’s event.
Some of the photo booth models allow for guests to receive their images digitally to a digital media device. The method of file delivery is through multimedia messaging service (MMS) or electronic mail (email). Guests will have the ability to view and/or download images for their personal use after the event has taken place. The Firm will not communicate or solicit with any guests who use the digital delivery method service. All data collected by the photo booth software will only be used to transmit the digital files to the appropriate guest. All data will only be temporarily stored in the software until the Client receives the digital files in INDEMIFICATION L. Once the Client has received the images then the Firm will destroy all guest’s data from the software.
The Firm and the Client will need to be in agreement on how the digital files will be sent out to guests in order to follow the district guidelines. Some photo booth models are only digital delivery (No hard copy prints. Examples of these booths are as follows: Social Sharing Booth and Roamer Booth.) Necessary measures will need to be taken by both parties to ensure the privacy of all students and staff who use the photo booth. The Firm grants permission for the school’s or district’s Information Technology (IT) department to get involved to aid the Firm to protect all guest’s files and data.
5. Nonprofit School Client: All images taken from the event will not be published and/or used for any reason unless the school and the parent(s) or legal guardian gives written permission to allow the Firm to publish the images and/or videotapes with audio. On written approval from the school, the Firm will conclude that all district/school related model releases were signed by a parent(s) or legal guardian at the beginning of the academic year or when the student arrived at the district/school due to a relocation, (a.k.a. moved), to a new permanent residence. A copy of a blank district/school model release will be required by the Firm in order to examine the exact wording in order to determine how the images can be used for publishing. If the Firm does not receive written notice to allow for publication and/or use of the images, the Firm will respect the school’s wishes and will not publish and/or use any content from the school event. If the Firm receives permission to publish and/or use the images from the school, the Firm will also notify the parent(s) or legal guardian for approval to publish any image(s) of the student. It will be the responsibility of the parent(s) or legal guardian to also approve the use of any image(s) and/or videotape(s) with audio to be used by the Firm for publication. If the student’s parent(s) or legal guardian declines to approve image(s) and/or videotape(s) with audio of any publication, the Firm will agree to destroy the digital files of the student’s image(s). If both the school and parent(s) or legal guardian grants permission for the Firm to use any image(s) and/or videotape(s) with audio of the student for publication, the Firm will have the right to use these files for portfolio use on its website, social media accounts, direct marketing mailing material (ex. post card or flier), additional marketing materials, etc. without the specific consent of the Client or the parent(s) or legal guardian. By request of the school, the Firm will destroy all images from the school event after the Firm delivers the final images to the Client. The Firm will only hold all images for a period of 90 days stated in Indemnification clause L. When 90 days are over, the Firm will destroy all image files from the Client’s event.
Some of the photo booth models allow for guests to receive their images digitally to a digital media device. The method of file delivery is through multimedia messaging service (MMS) or electronic mail (email). Guests will have the ability to view and/or download images for their personal use after the event has taken place. The Firm will not communicate or solicit with any guests who use the digital delivery method service. All data collected by the photo booth software will only be used to transmit the digital files to the appropriate guest. All data will only be temporarily stored in the software until the Client receives the digital files in INDEMIFICATION L. Once the Client has received the images then the Firm will destroy all guest’s data from the software.
The Firm and the Client will need to be in agreement on how the digital files will be sent out to guests in order to follow the district guidelines. Some photo booth models are only digital delivery (No hard copy prints. Examples of these booths are as follows: Social Sharing Booth and Roamer Booth.) Necessary measures will need to be taken by both parties to ensure the privacy of all students and staff who use the photo booth. The Firm grants permission for the school’s or district’s Information Technology (IT) department to get involved to aid the Firm to protect all guest’s files and data.
19. VENUE FEES/PARKING/TOLLS
Depending on the venue, the owner of the facility may require the Firm to pay a vendor fee for being on the property and/or require it to be added to the Firm’s general liability policy. The Firm will notify the Client if any vendor fees and/or adding the venue to the Firm’s general liability policy. The Client is responsible for any vendor fees by the venue to be paid in full. The Client is responsible for any parking fees at the venue. The Client is also responsible for any toll road and/or bridge toll fees on route to and from the venue. The Firm will take necessary measures not to use tolls unless necessary.
The Client has the right to be added to the Firm’s General Liability Policy at any time during the consultation and contract process. If the Client wishes to be added, the Firm will notify Liberty Mutual to be added to the policy.
20. CORPORATION WITH OTHER VENDORS
In the need to provide the Client the necessary service(s), the Firm may need to work in collaboration with other vendor(s) the Client has hired.
This can be classified as the venue owner/manager on duty, event coordinator not affiliated with the Client, event decorator, DJ, etc. The Firm will require the Client to provide all contact information of the vendor(s) on request by the Firm. The Firm will only contact the vendor if deemed necessary to perform the Firm’s service(s). All services rendered by the Firm are solely conducted by the Firm and is independent from other vendors. This is regarding operations of the photo booth and event lighting. Any designs of the photo booth strip, color choice of the uplighting, and design of the monogram light is solely done by the Firm and no other vendor. The Client can only conduct business with the Firm on decision making of planning of all services. The Client does not have permission to go through another vendor nor for the vendor directly to make decisions on the operation of the photo booth and event lighting; as well as the design of the photo booth strip, color choice of the uplighting, and design of the monogram light. If the Firm is contacted by any vendor in the decision-making stage, the Firm will disregard all decision making with other vendors and will only deal with decision making with the Client.
If deemed necessary, the Firm may need to make immediate decisions with other vendors at the day of the event without the Client’s knowledge. This only pertains to the placement of the photo booth location at the venue and the placement of the uplighting and monogram light. All design decision making stated above will not be affected. The Firm will be in full cooperation with other vendors to ensure that all services rendered by the Firm, as well as other vendor services, are met to meets the Client’s needs are fulfilled to ensure full efficiency.
The Firm may consult other vendors if deemed necessary for additional professional advice and/or consultation to provide adequate and efficient performance regarding the Firm’s service(s).
21. MISCELLANEOUS TERMS
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. This is the entire agreement between the Firm and the Client relating to the subject matter herein and shall not be modified except in writing, signed by all parties. In the event of a conflict between parties, the Client agrees to solve any arguments in the jurisdiction of Pinellas County, Florida. In case the photo booth is not operational to provide digital images, it is then the full responsibility of the guests to receive their images from the Client after the event has taken place. In the event the Firm is unable to supply a working photo booth for the Service Period, the Client shall be refunded a prorated amount based on the amount of service received. If no service is received, the Firm's maximum liability will be the return of all payments received from the Client. The Firm is not responsible for any consequential damages or lost opportunities upon breach of this agreement.
BY SIGNING TO THE TERMS, THE CLIENT IS BOUND BY ALL AGREEMENTS IN THE TERMS AND WILL BE BOUND AS PART 1 OF THE CONTRACT. PART 2 WILL BE AS FOLLOWS STATED IN 2. CONTRACT BINDING IN TERMS. IF SIGNED ELECTRONICALLY, THE CLIENT AGREES THAT THE ELECTRONIC SIGNATURE IS THEIR LEGITIMANT SIGNATURE. AND FORGERY OF THE ELECTRONIC SIGNATURE AND/OR ALTERING OF THE TERMS IS UNLAWFUL AND MAY RESULT IN LEGAL REMIFICATION AND/OR TERMINATION OF THE AGREEMENT.
Client Signature: _________________________________________________ Date: ___________________
Firm’s Signature:
Print Name: Robert Gale
Owner