This PHOTO/VIDEO BOOTH RENTAL AGREEMENT AND TERMS AND CONDITIONS (this “Agreement”) is made by and between Jenzkia Entertainment LLC, a California limited liability company (the “Company”) and the inquirer of services (the “Client”) relating to any event(s) (the “Event(s)”) booked through the booking forms (the “Booking Forms”) located on the Company’s website (www.jenzkia-entertainment.com) or any other related website or page operated by the Company.
YOU ARE ENTERING INTO A CONTRACT WITH THE COMPANY. PLEASE READ THIS AGREEMENT IN ITS ENTIRETY.
This Agreement is a contract between you, as the Client or as agent for the Client, and the Company. This Agreement constitutes the entire understanding between the Company and the Client and supersedes all prior and simultaneous contracts or agreements between the parties.
A non-refundable retainer in the minimum amount of 20% is due upon reservation. Event Date will not be reserved until this deposit is received. The remaining amount is due 14 days prior to your event. If payment is not received prior to this date, client forfeits deposit and this agreement could be voided at the providers discretion. We accept checks, cash, Visa, MasterCard, American Express, Discover and PayPal. Any and all payments are final. No refunds are given. Client agrees that in addition to any and all other legal rights and remedies Provider may have, Client will pay a $50.00 fee for any and all returned checks. If the rental time period exceeds the service period agreed to in the invoice below, the overage in rental time will be billed to the operator at the hourly rate of $200 per hour, billed in half-hour increments of $100. Payment for any overage in time must be paid before additional hours are provided.
ACCESS, SPACE & PARKING
Client will arrange for an appropriate space for the Photo Booth at event’s venue. For the 360 video booth we prefer about an 12’x12′ space. But, we can setup down to a 10’x10′ space if needed. For the magic mirror booth we prefer about an 10’x10′ space. But, we can setup down to a 8’x8′ space if needed.
The client is required to provide an assigned parking space prior the event to Jenzkia Entertainment.
If the venue is to be held outdoors client understands the photo booth can be shut down during the event due to inclement weather (wind, rain, snow, hail or sleet). If there is inclement weather and the photo booth has to be shut down, the event will be cancelled and any monies given is non-refundable. We suggest that client have a contingency plan in place for outdoor events to prevent a possible shut down due to inclement weather. A contingency plan can be to have indoor space available at time of the event so the event can be moved indoors prior to setting up. Or client can have a protective tent covering at the event. Jenzkia Entertainment will only set up and break down equipment one time so please plan accordingly.
CHANGE IN EVENT DATE
In the event of a postponement, Jenzkia Entertainment will retain all funds received until a new date is established. Once a mutually beneficial date is agreed upon, the contract will be updated to reflect the new date and all received funds will be applied to the rescheduled event. If Client changes the date of the event, Client will immediately notify Jenzkia Entertainment. in writing (email@example.com). Jenzkia Entertainment will make best efforts to accommodate Client and provide its services on the changed date within the same calendar year. If Jenzkia Entertainment is not available on the new event date, or if the rescheduled date is for a new calendar year, Jenzkia Entertainment shall be entitled to keep the retainer and neither party shall have any further liability or obligation under this Agreement. If Client reschedules the event and the new event date is more than six months in the future, the Service Fee will be adjusted to reflect changes in pricing, if any. All date modifications will be subject to a fair rescheduling fee as determined by Jenzkia Entertainment.
Client agrees to, and understands the following: All guests using the photo/video booth hereby give to Jenzkia Entertainment: 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 Jenzkia Entertainment from any liability, that may occur or be produced in the taking of said picture and videos or in any subsequent processing thereof, as well as any publication thereof, including without limitation any claims for libel or invasion of privacy.
INAPPROPRIATE BEHAVIOR BY GUESTS
If at any point during the Event the Company personnel, in their sole and absolute discretion, determine that behavior of the Event guests, staff, attendees or other person(s) at the Event is inappropriate, threatening, hostile or offensive, including but not limited to behavior that the Company personnel determines make them feel unsafe, harassed or sexual harassed, the Company personnel may immediately cease to provide any further services and leave the Event. In such an instance, the Client will remain fully liable for any sums due, including but not limited to the Service Fee, as stated in this Agreement, and the Company shall be fully discharged of any and all further liability to the Client.
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 disagreements via arbitration. In the event Provider is unable to supply a working photo booth for at least 95% 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 onsite the Provider will be allowed to give a web site to the client where there 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.