TERMS & CONDITIONS
By conducting business with DPfilms Productions, you agree to the following Terms and Conditions.
The following terms will set forth an agreement between DPfilms Productions (Provider) and “the Client” for photo booth services for an event. These terms and conditions set forth the full, written intention of both parties and supersede all other written and/or oral agreements between the parties.
SERVICE PERIOD (Read Carefully) –The service period will be for either 4 hours or 6 hours and is specified in the package chosen. DPfilms Productions will arrive approximately 30-45 minutes before the service period begins, at our discretion. Set up takes approximately 15 minutes. If earlier set up is preferred, it is the Client responsibility to communicate this in advance. Provider agrees to have a photo booth operational for a minimum of 90% of the specified service period; occasionally, operations may need to be interrupted for maintenance of the photo booth (changing photo paper, adjusting printer, etc.).
PAYMENT – A retainer fee in the amount 20% is due upon signing of the agreement form. The remaining amount is due the day before your event. If payment is received after the date of your event, you are subject to a late penalty fee of 10% of the balance due PER DAY. We accept cash, check or payments through Zelle and Venmo. We do not secure your date on our calendar until the deposit is received. If the service time period exceeds the service period agreed to in the invoice, the overage in rental time will be billed to the Client at the hourly rate of $100/hour for the photo booth. Payment for any overage in time must be paid before additional hours are provided. The Client agree that in addition to any and all other legal rights and remedies the Provider may have, the Client, will pay a $25.00 fee for any and all returned checks.
DATE CHANGES & CANCELLATIONS
Any request for a date change must be made at least 7 days in advance of the original event date – Weather changes must be made 24 hours in advance. Change is subject to photo booth availability and receipt of a new Service Contract. If there is no availability for the alternate date, the retainer shall be forfeited and event cancelled.
DAMAGE TO PROVIDER’S EQUIPMENT
Client acknowledges that it shall be responsible for any damage or loss to the Provider’s Equipment caused by: a) Any misuse of the Provider’s Equipment by Client or its guests, or b) Any theft or disaster (including but not limited to fire, flood or earthquake).
Client agrees to, and understands the following: a) Client will indemnify the provider against any and all liability related to Client’s event during or after Client’s event. The client will indemnify Provider from the time of service and on into the future, against any liability associated with Client. b) Client will indemnify Provider against any and all liability associated with the use of pictures taken within the photo booth, its employees or affiliates at Client’s event.
LIMITATIONS OF LIABILITY
In no event shall DPfilms Productions be any direct, indirect, incidental, consequential, special, exemplary, punitive or other damages, whether based in contract, tort or otherwise (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use DPfilms Productions services, even if a DPfilms Productions authorized representative has been notified orally or in writing of the possibility of such damage. The remedies set forth herein are exclusive and DPfilms Productions total liability to the Client, whether based on contract, warranty, tort (including negligence), indemnity, and strict liability or otherwise, will not exceed the total payment for the service provided.
DPfilms Productions would love to use your photos on our website, but understand your privacy. Client agrees to, and understands the following. All guests using the photo booth hereby give to DPfilms Productions: 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. In addition, I hereby release, discharge and agree to save harmless DPfilms Productions, 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 the Client does not wish DPfilms Productions to use their photos, it is the Client’s responsibility to communicate this prior to the event.
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 DPfilms Productions 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. In the event Provider is unable to supply a working photo booth for at least 90% of the Service Period, Client shall be refunded a prorated amount based on the amount of service received. If the printer fails to print out photos on site the Provider will be allowed to give a website to the client where their guests can log onto and order prints free of charge with free shipping as well as the ability to download the digital files for their own use. We reserve the right to deny service.
SPACE, POWER, & INTERNET ACCESS FOR PHOTO BOOTH
The client will arrange for an appropriate space for the Photo Booth at the event’s venue. The 1-10 person group photo booths requires a space 5’ deep x 5’ wide by 7’ tall. The client is responsible for ensuring power is available for the Photo Booth (110V, 5 amps, 3 prong outlet) within 20 feet.
We will not start designing your layout until the final payment is made.
We are not responsible for the location of the photo booth. We will find your point of contact and they will tell us where the booth should be located. We will not be held liable for incorrect information provided on this contract.
PlEASE NO KIDS IN BOOTH WITHOUT ADULT SUPERVISION
*WE DO NOT SETUP CANOPY OUTDOORS IF WEATHER CONDITIONS ARE UNFAVORABLE FOR A CANOPY. THIS WILL BE DETERMINED BY DPFILMS PRODUCTIONS STAFF*
All sales on Photo Booth or any other Services are final.