Terms & Conditions
This Service & Rental Agreement (referred to as the “Agreement”) shall be between BUCKEYE PHOTO BOOTH LLC (referred to as “Provider”) and the Client/Renter (referred to as “Client”) for photo booth rental services (including enclosed booths, open air set ups, selfie stations, magic mirror systems, halo/ring systems and/or green screen set ups) as chosen by the Client as follows:
1. DESCRIPTION OF SERVICE
Provider agrees to provide to the Client and the Client agrees to contract with Provider for renting a photo booth for the purpose of taking and printing of digital photographs during the Client’s Event as designated in this Agreement. Rental shall include delivery, set-up, tear-down, props (if wanted), digital images (given on a DVD) and one on-site event concierge to operate the photo booth. Additional discretionary on-site attendants may also attend and operate the photo booth to ensure the greatest photo booth experience and highest quality event for client.
2. OPERATION, DOWNTIME, AND ANY TECHNICAL DIFFICULTIES
Client agrees that there may be a few very brief down-times for issues such as, but not limited to, photography optimizations, change of printer photo paper, and/or due to technical difficulties. If, for any reason, the photo booth becomes inoperable due to equipment failure, which cannot be resolved during the Client’s Event, the Client will be entitled to either a full refund if the service provided is deemed to be unsatisfactory by collaboration between the on-site attendant and Provider’s owners or a pro-rated refund based on the percentage of actual up-time served that was deemed to be satisfactory. If, for any reason, the photo booth becomes inoperable due to mishandling or abuse by the Client and/or the Client’s guests during the Event, in the sole discretion of the on-site attendant and Provider’s owners if available, Provider will attempt to immediately resolve the issue; however, if the issue cannot be resolved, the photo booth will be dismantled, and the Client will only be entitled to a pro-rated refund at the discretion of the on-site attendant and Provider’s owners dependent on fault and the amount of abuse.
3. ACCESSIBILITY, DELIVERY AND TEAR DOWN
The Client agrees to allow Provider to deliver and set-up all necessary equipment at least sixty (60) minutes prior (more is better however if possible) to the Event Start Time, as stated in this Agreement, and will ensure that the Venue has a 120V electrical outlet, within 50 feet of the equipment location, to provide power to the equipment (if discussed prior to the Event, Provider can bring a separate electrical generator for a small additional fee). If props have been selected by the Client, Client agrees to provide one 6’ table (with linen) for professional displaying of props. Provider will have all equipment dismantled and removed from the Event location within one hour (60 minutes) of Event completion and/or Rental End Time.
4. INTELLECTUAL PROPERTY AND IMAGES
Provider retains copyright to all the photographs, and hereby grants the Client unlimited but non-exclusive rights to use or reproduce the photographs for which the Client pays.
5. RESERVATION RETAINER AND PAYMENT TERMS
A non-refundable $275 retainer payment (unless an alternative amount has been agreed to by Provider) is required and due immediately upon the signing of this Agreement which will reserve the Client’s Event Date and allow Provider to start planning and customizing for the Event. The entire remaining balance shall be due no later than thirty (14) days prior to the Event Date as stated in this Agreement.
5.1. Provider accepts payments via MasterCard, VISA, Discover, American Express, or PayPal. Please note that processing fee of 4.0% (four percent) of the transaction amount (e.g. if your total price was $1,000 and you choose to pay using MasterCard, VISA, Discover, American Express or PayPal, Provider will add an additional $40 to the total for processing and handling fees making the total final payment $1040). 1. Credit card and/or PayPal payments can be made in one of two ways: a. Online via our secure processing system. All payment information will be secured and encrypted. b. Alternatively, Client can directly phone Provide by calling 614-961-8648 and Provider will take your credit card information (credit card number, expiration date, security code, EXACT name as it appears on the card as well as billing zip code for the card will be required) and will provide you with a confirmation number and an updated invoice will be emailed to Client. 5.2 Provide also accepts payment made via Zelle (Chase Quick Pay) and Venmo both of which can be made to Providers’ account which is email@example.com. There is no fee for payment made via either of these methods. 5.3. We accept check and money order payments which will need to be sent to: TCPBC, 829 Busch Court, Columbus, OH 43229. There is no fee for sending a check. If payment is not received within seven days (calendar days, not business days), your reservation will be released to the next customer and the agreement will be voided. 5.4. We will also accept physical CASH for payments but these must ALWAYS be made in person. Arrangements for cash payments must be made with Provider and an updated invoice will be provided to Client at the time of payment.
6. COST FOR ADDITIONAL TIME OF SERVICE
During the Client’s Event, the Client may decide that additional Rental Time is needed that goes beyond the original contracted Hours of Service as stated in this Agreement. The Client agrees to pay Provider in the amount of $150.00 (plus sales tax) for each additional hour of service, calculated on a pro-rated basis but shall not be less than $75.00 in any case, and payment must be made on the Client’s Event Date in physical cash or by phoning in a credit card payment to Provider (4% processing fee will be added for credit card payments).
7. TRAVEL FEE
There are no hidden fees or additional fees for set-up or take-down. The Client will not incur a Travel Fee for an Event that is located within a 30-mile radius of Columbus, Ohio zip code 43229, provided that such event is located reasonably close to a main highway or interstate. For an Event that is located in excess of this 30-mile radius, as determined by http://maps.google.com, the Client agrees to pay Provider a reasonable travel fee which will be given to the Client at the time of booking and before any Agreement is executed by either the Client or the Provider. It is always a good idea to ask the Provider what your exact Travel Fee will be during the quoting process.
8. CANCELLATION CLAUSE
The Client may cancel this Agreement ONLY with a notice of cancellation, delivered to Provider in writing and given in person or via E-mail, no less than thirty (30) days prior to the Client’s original contracted for Event Date as stated in this Agreement. If the Client must cancel, Provider will make a good-faith effort to fill the Client’s contracted Event Date but cannot guarantee it can do so. If Provider is able to fill the Client’s contracted Event Date with a signed Agreement made with another customer, the Client may potentially receive a full or partial refund of the Reservation Retainer payment; otherwise, the Client will forfeit the entire Retainer if they cancel within thirty (30) days prior to the Client’s original contracted for Event Date. If Client wishes to reschedule or change dates there may be a change of date fee if such date is not completely open on Provider’s schedule, such fee will be quoted by Provider prior to any change of date and is at the discretion of Provider.
9. WEATHER AND OUTDOOR EVENT POLICY
Provider’s booths are able to be operated outside in most cases. However, the following provisions apply to outdoor and partially outdoor events, including but not limited to Events where any portion of the booth is exposed to natural elements and/or the weather:
9.1. Some of Provider’s booths are fully enclosed to try to control the lighting so that the sunlight does not affect the quality of the photos taken; however, the sun still has a way of sometimes finding its way into our booth which can cause trouble for a few pictures. Our employees know how to correct this problem and we do not anticipate it being an issue but we are putting Client on notice.
9.2. Our booths that are fully enclosed use black fabric to make it look elegant and to blend in at any event/venue. We keep branding and such to a minimum so again the booth looks good and suits your event well. The disadvantage with this is that it is black and fully enclosed so temperatures inside the booth can become somewhat warm. We do bring a fan to keep in the booth to keep air circulating. Client agrees that the temperature inside the booth will be based on the conditions of their Event.
9.3. If it is windy this will make the booth very difficult to operate as the side walls, back drop and/or and green screen will most likely move due to the moving air. Provider has a number of methods to battle the wind but again there is only so much we can do short of having employees hold the side walls so that they do not blow constantly. If there is any chance at all that it looks like it is going to rain, Provider will start taking the booth down immediately so as to protect the electronic and water-sensitive equipment dry. This also includes the booth itself too. The booths simply cannot have wet curtains, roof, or green screens.
9.3.1. If the weather unexpectedly becomes poor (e.g. high winds and./or rain, snow or sleet) DURING the Event, Provider will remedy by moving the booth and equipment to an alternate location at the same address, with the time it takes to move the booth being counted against the rental time • The rental will end with no refund of the rental time, if there is no alternate indoor or suitable under cover location available. Therefore, it is Client’s responsibility to always have a backup or alternate location that is indoors for which the booth can be moved to be safely operated. Provider will not grant any type of refund if such location is not provided and at our employees discretion we have to take the booth down due to inclement weather.
9.3.2. If the weather forecast calls for rain PRIOR to the event date, Provider will remedy with these steps: (A) the booth will be set-up at the alternative indoor location or (B) if no indoor location is available, the rental will be cancelled with no refund given as this is deemed a cancellation with less than 30 days’ notice.
9.3.3. Client must provide a proper spot outdoors to set the booth up, if the booth is going to be in the grass, we need to make sure that the area is mostly LEVEL and it is not muddy or dirty.
Please note that for all events, Provider encourages the booth to be set up indoors, under a tent, or next to a wall that can help shield it from the wind. If the booth must be set up outside, please feel free to ask Provider to assist on deciding where the optimal location to set the booth up would be based on their expertise and experience. Provider has served countless successful events with our booths being outdoors but wants to give Client notice of the above. Lastly, as stated above, it is critical that all potential outdoor events have a back-up location available.
10. INDEMNITY, DISCLAIMER, INTEGRATION, AND RELEASE OF LIABILITY
Provider shall not be liable for any injury, loss, or damage that may arise while it and/or its authorized on-site event concierge(s) are on the property of the Event location. The Client agrees to use the liability insurance of the Event venue or the Client’s own personal liability insurance coverage during the Event Date for any liability claim related to the operation and/or use of the Providers booths, equipment and/or systems by the Client and/or the Client’s guests and the Client agrees to indemnify Provider for any and all such claims. Provider is not responsible for any consequential damages or lost opportunities upon breach of this Agreement. Any dispute related to this Agreement will be settled by voluntary mediation. If mediation is unsuccessful, the dispute will be settled by binding arbitration using an arbitrator of the American Arbitration Association (AAA) in the State of Ohio. The laws of the State of Ohio govern this Agreement. The Client and Provider agree that this Agreement is the entire Agreement between them and that this Agreement binds and benefit both Provider and the Client and any successors.
By executing this contract as Client, the person executing said Agreement, either individually, or as an agent or representative, represents and warrants that he or she is eighteen (18) years of age, and further, if executing said contract as agent or representative, that he or she has the authority to enter into this Agreement and should he or she not have such authority, he or she personally accepts and assumes full responsibility and liability under the terms of this Agreement.
By signing below, the Client agrees that this Agreement sets forth the full, written intention of both parties and supersedes all other written and/or oral agreement made between the parties. Client also agrees to contract with Provider, agrees to pay all monies owed within the time-frame as specified in this Agreement, and agrees to be bound by the Terms and Conditions as stated in this Agreement.