By booking Instabooth you automatically agree to the terms of this written contract in which sets forth the full, written intention of both parties and supersedes all other written and/or oral agreements between the parties. This Agreement shall be governed by the laws of Canada to the extent they apply and by the laws of the Province of Prince Edward Island.
DEPOSIT AND REFUND: A non-refundable deposit in the amount of $200 is required at the time of signing this agreement. Acceptable forms of payment are cash, cheque (made payable to East Coast Art Party), Visa, MasterCard and electronic fund transfer. The deposit secures the event date for the client.
BALANCE DUE: Balance, as stated on Instabooth’s invoice which is available upon request, is due on or before 7 days prior to the contracted event date. Photo booth services will not begin until the balance is paid in full. Payment for any overage in time must be paid before additional hours are provided.
PHOTO BOOTH OPERATIONS: Instabooth agrees to have the photo booth operational for the time period specified on the invoice; however, in some situations operations may need to be interrupted for maintenance, service and/or photography optimizations. Instabooth agrees to send a qualified technician on site to maintain and operate the photo booth. Should Instabooth fail to provide a fully operational photo booth during the agreed upon times, the client’s only remedy is a refund of payment received. Client agrees that Instabooth will not be responsible for consequential damages. If only partial services can be provided due to conditions beyond our reasonable control, then the rental charges shall be on a prorated basis.
PHOTO BOOTH SETUP/TEARDOWN: Instabooth will deliver setup and remove the photo booth from the event location. The operation of the photo booth times may be adjusted if event location or client ends the event prior to the contracted end time and no refund of money will apply. The area where the photo booth is to be set up is reasonably accessible and has level ground. Instabooth requires access to venue at least 60 minutes before the event and 30 minutes after the event for setup and takedown.
SPACE & PLACEMENT REQUIREMENTS: Client agrees to provide:
- A minimum 10’ x 10’ area for our photo booth.
- Standard electrical within 20 feet of our designated area.
- A 6ft table for displaying props.
INCLEMENT WEATHER: Instabooth reserves the right, in good faith, to cease the operation should the weather pose a potential danger to our personnel, the equipment, or guests. Since safety is paramount in all decisions, Instabooth compensation will not be affected if the operation is ended.
LIABILITY AND INDEMNIFICATION: Instabooth shall not be liable under any contract for direct, indirect, incidental or consequential damages (including without limitation, damages for lost profits or increased expenses) with respect to any claim arising from or related in any way to this agreement and services provided. The Client will indemnify and hold harmless Instabooth against any and all liability related to Client’s Event from the time of service and on into the future. The client will assume all legal fees claimed by third persons, provided that such loss or damage was not caused by the fault or negligence of Instabooth or its employees, agents, or subcontractors.
DAMAGE TO INSTABOOTH EQUIPMENT: Client acknowledges that it shall be responsible for any damage or loss to the Instabooth equipment caused by a) any misuse of the equipment by Client or its guests, or b) any theft or disaster (including but not limited to fire, flood or earthquake).
MODEL RELEASE: All guests using the photo booth hereby give to Instabooth: The right and permission to copyright and use, photographic portraits or pictures of any photo booth user who may be included intact or in part, made through any and all media now or hereafter known for illustration, art, promotion, advertising, trade, or any other purpose.
ONLINE HOSTING OF IMAGES: You will also have an online photo album to share with your guests. This album will be private password protected at the request of Client. By giving approval to Instabooth to host event images online, client hereby releases, discharges and agrees to hold harmless Instabooth, from any liability, that may occur or be produced in the taking of said picture or in any subsequent processing thereof, as well as any publication thereof, including without limitation, any claims for libel or invasion of privacy.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 Provider and Client relating to the subject matter herein and shall not be modified except in writing, signed by both parties. In the event of a conflict between parties, Client agrees to solve any arguments via arbitration. This agreement constitutes the entire agreement and supersedes all prior oral, written and other agreements between the parties with respect to the
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 Provider and Client relating to the subject matter herein and shall not be modified except in writing, signed by both parties. In the event of a conflict between parties, Client agrees to solve any arguments via arbitration. This agreement constitutes the entire agreement and supersedes all prior oral, written and other agreements between the parties with respect to the subject-matter hereof. This Agreement may only be amended in writing signed by Instabooth and Client.