TERMS AND CONDITIONS

The terms and conditions outlined herein apply to the services provided by "BK’s PhotoBooth," hereinafter referred to as the "Service Provider," and any individual or entity availing of these services, hereinafter referred to as the "Client." Together, they are recognized as the "Parties" involved in this terms and conditions. The services to be rendered, along with any accompanying package lists, pricing details, or documents provided at the time of agreement, form an integral part of these terms and conditions. The provisions contained within this document, alongside any expressly linked documents, constitute the sole legal basis for the agreement between the Parties.

Change of Date or Venue

The Photographer must be notified immediately of any changes in schedule or location, at least one week prior to the scheduled date of the event. Notification of any changes can be made by phone along with written notice sent via email for documentation. If an email is sent, a confirmation of receipt must be sent back by the Photographer in writing or via email. It is the client's responsibility to confirm all arrangements at least 14 days prior to the event. In the event of a change of address or contact information (time, etc.) as listed, you must notify the Photographer.

The Photographer kindly asks that the Client get in touch with the Photographer One day prior to the date of the event in order to touch base and go over last-minute details. The Photographer will make every effort to contact the Client, but it is the Client's responsibility to contact the Photographer to confirm all events and times.

Access & Event Location

The photobooth location must also be in a room with no less than an 8' clearance. The minimum door width for booth access is 30". Placement of the booth can only be on level, hard and smooth surfaces such as tile, hardwood, concrete, carpeted rooms, etc. Grass surfaces, uneven stone surfaces or bare dirt are not acceptable, and clients will be notified of the inadequate environment and given the opportunity to choose a more acceptable location for the booth. We require one 110/120-volt grounded power outlet within 10ft of the booth location.

Retainer

To secure our photobooth services for your event, a retainer fee, amounting to 50% of the total service cost, is required upon signing this agreement. This retainer fee is non-refundable, underscoring your commitment to our services and guaranteeing your event's placement in our schedule. Upon receipt, we initiate the meticulous planning process—selecting props, customizing photo strips, preparing backdrops, and more—dedicating time and resources to ensure a personalized experience tailored to your event. This preparatory work, including consultations, is vital for the exceptional delivery of our services and is thus compensated by the retainer.

Cancellation Policy

In the unfortunate event that you need to cancel or postpone your event, we offer a refund of all fees, excluding the retainer, provided that notification is given outside of 14 days before the scheduled event date. Cancellations within 14 days of the event will incur the full balance of the contract, due to the unlikely prospect of rebooking the date. Should cancellation be necessary, it must be submitted in writing, notwithstanding any prior verbal communications.

For cancellations made with more than 14 days' notice, you are entitled to a 50% refund of any fees paid beyond the retainer. The balance of your package, barring the retainer, is due by or on the event day; failure to complete this payment will result in the forfeiture of our services at your event. All additional orders, including reprints and enlargements, require payment in full at the time of order.

Failure to Perform

The parties agree to cheerful cooperation and communication for the best possible result within the definition of this assignment. Due to the limited and subjective nature of the event, the Photographer cannot be held responsible for requested photographs not taken or missed, lack of coverage resulting from weather conditions, or schedule complications caused by but not limited to, anyone in or at the event, or by the location restrictions. The Photographer is not responsible for lost photo opportunities due to other cameras or flashes, the lateness of the clients or other principles. The Photographer is not responsible for the lack of coverage due to weather conditions, scheduling complications due to lateness of individuals, rules and restrictions of venue, or the rendering of decorations of the location. It is acknowledged that any lists submitted to the Photographer will be used for organizational purposes only and in no way represent photography that will actually be produced. The Photographer will do their best to fulfill all requests but cannot guarantee all images will be delivered.

The Photographer recommends that the Client point out important individuals for informal or candid photographs to the photographer during portrait shooting that they wish to have photographed. The Photographer will not be held accountable for not photographing desired people if there is no one to assist in identifying people or gathering people for photographs. The Photographer is not responsible if key individuals fail to appear or cooperate during photography sessions or for missed images due to details not revealed to the Photographer. Clients are responsible for all location fees and permits.

Copyright

Title (possession) of and copyright to all products shall remain with the Photographer until the client has paid in full.

All photos are copyrighted. The negatives and or digital images (hereinafter collectively the “images”) created by the photographer and/or subcontractor(s) remain the property of the Photographer. It is illegal to copy, scan, reproduce, or post online in forums or elsewhere without the written permission of the Photographer. Violators of this federal law will be subject to civil and criminal penalties.

Permission is hereby granted to the Photographer to use any images created under this contract for professional samples, displays, internet website pages, advertising, exhibitions, contests, and any other purpose.

The Photographer retains the copyright to all images produced by the Photographer and/or the Photographer's subcontractors. The client understands the images purchased cannot be used for profit or advertising and all posting of images on the internet must be acknowledged as images by the Photographer.

Operation

There is a possibility of booth downtime at your event in order for the Photographer to change necessary operating media (photo paper, toner, etc.) and is expected to take approximately 5-10 minutes. This time is figured into the total rental period and will not be credited to the client.

Forced Idle Time

If the Photographer cannot remove the photobooth from the event at the conclusion of the contracted time client will be billed at the standard idle time rate of $85.00 per hour till the booth can be removed without affecting the event in a negative manner.

Exclusive Photographer

The Photographer and/or any photographers hired by the Photographer to photograph shall be the exclusive photographer(s) retained by the Client for the purpose of the portrait photography. Family and friends of the clients and other event vendors shall not interfere with the Photographer's duties. Guests will be asked to refrain from taking flash photographs at certain intervals of the event to ensure proper exposure of images.

Expenses

Travel expenses such as parking, shipping, or destination fees must be reimbursed to the Photographer and will be added to the balance due after the event. Travel fees are pre-determined and will be set out in the initial payment total.

Clients are responsible for all location fees and permits.

Creative License

Images are edited at the Photographer's discretion and delivered prints may not include all images shot. Photographers reserve the creative rights to edit and release only those images deemed credible as professional in quality and within the photographer's artistic standards.

Print Design Approval

The photographer will email proof of your print design before your event. Please examine your proof carefully. Once you approve the proof for your event Photographer is not responsible for any errors.

Force Majeure

If the Photo Booth or its assigns cannot perform this Agreement due to a fire, casualty, strike or other civil disturbances, Acts of God, including but not limited to, road closures, severe traffic, fire, terrorism or other causes beyond the control of the parties, then the Photographer shall return any money paid by the Client, less retainer fee and expenses, but shall have no further liability with respect to the Agreement. This limitation of liability shall also apply in the event that photographic materials are damaged, lost through camera malfunction, compact flash card malfunction, or otherwise lost or damaged without fault on the part of the Photographer. The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of the total number of originals.

Liability and Damage

The Photographer shall not be held liable for any injury, loss, or damage to persons or property of the Client or any of the event guests, howsoever caused, arising from or in connection with the equipment supplied by the Photographer during the event. The Client agrees to indemnify and hold harmless the Photographer against all claims, demands, and causes of action which may be made by the Client or any guests for whom the Client is responsible. This includes but is not limited to, any injuries or damages related to the use of the photobooth or any equipment provided by the Photographer.

Image Use and Privacy

Unless otherwise stated by the Client in writing prior to the event, the Client grants the Photographer the right to use any images or videos captured during the event for advertising, display, or any other purpose in relation to the Photographer's business operations. The Photographer shall exercise this right in accordance with privacy and image rights laws and standards.

Space Reservation

The Client agrees to secure a designated space for the photobooth setup prior to the event. The required space must meet a minimum dimension of 10 feet by 10 feet with a minimum height clearance of 7 feet 11 inches for the backdrop. It is the Client's responsibility to ensure that this space is available and reserved exclusively for the Photographer's use at the time of the event. Failure to provide such space upon the Photographer's arrival may result in the inability to perform the contracted services. In such an event, the Photographer reserves the right to leave the event premises, and the deposit paid by the Client shall be non-refundable.

Damage To Photographer’s Equipment

Client acknowledges that it shall be responsible for any damage or loss to the Photographer’s equipment caused by: a) Any misuse of the Photographer’s equipment by the client or its guests, or b) Any theft or disaster (including but not limited to fire, flood or earthquake). Photographers at his/her sole discretion can cancel the event due to clients' and/or guests' misuse and damage to vendors' equipment. If the event is cancelled for this reason any monies paid for the event is non-refundable.

Indemnification

The client agrees to, and understands the following:

a) The client will indemnify the Photographer against any and all liability related to the client’s event.

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

c) The Client will indemnify the Photographer against any and all liability associated with the use of pictures taken by BK’s Photobooth, its representatives, employees or affiliates at the client’s event.

Insurance

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

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 vendor 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, the client agrees to solve any arguments via arbitration. If the printer fails to print out photos on site the vendor will be allowed to give a website to the client where their guests can log onto and print pictures free of charge with the ability to download the digital files for their own use. The vendor is not responsible for any consequential damages or lost opportunities upon breach of this agreement.