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TERMS AND CONDITIONS

The following Terms and Conditions sets forth the full, written intention of both parties and supersedes all other written and/or oral agreements between the parties.

Service Period

Vendor agrees to have Smirkn Photo Booth operational during the agreed service period. Occasionally operations may need to be interrupted for normal maintenance of the photo booth i.e., changing of ink cartridges, media paper etc. If in the event the normal maintenance time exceeds an unreasonable time frame of the clients service period the client will be reimbursed the amount of time the photo booth is inoperable, that amount to be pro-rated. Client must allow access to set up location 1 hour prior to start time.

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Payment
 

Payment of a $300 retainer is to be made at time of purchase. The remaining amount due is to be paid in full at least 14 days before the client’s event, unless otherwise stated. If client fails to make the remaining payment within 14 days of the clients event date the event will be cancelled and the client will forfeit whatever deposit was made. If the client uses the equipment for a period of time in excess of the service period agreed to in the above paragraph the overage in rental time will be billed to the client at the following rate: $250.00 per hour.

Requirements

Client will arrange for an appropriate space for the photo booth at the designated venue (10’ deep x 10’ wide x 10’ high). Client is responsible for providing a power source for the photo booth (110V, 10 amps, 3 prong outlet).

WE DO NOT CLIMB STAIRS OF ANY KIND.  There must be elevator or ramp access to set up location.

Outdoor events

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). Client must provide a  dry, covered, flat and level area free from strong winds for set up. We will not set up outdoors if weather is too hot or too cold as this can damage equipment and photo booth may not operate functionally. This is to be determined by attendant. 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. Smirkn will only set up and break down equipment one time so please plan accordingly.

Date Changes &
Cancellations

Any request for a date change must be made in writing at least 30 days in advance of the original event date. Change is subject to photo booth availability.

We do not offer any refunds for cancellations unless there is a major storm or flooding (act of God) happening and we are not able to safely transport equipment to destination. In this case we will offer a new date and contact for a make up event. Any other circumstance is dependant upon approval.

Damage to Vendors Equipment

Client acknowledges that it shall be responsible for any damage or loss to the vendor’s equipment caused by: a) Any misuse of the vendor’s equipment by client or its guests, or b) Any theft or disaster (including but not limited to fire, flood or earthquake). Vendor 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

Client agrees to, and understands the following:

a) Client will indemnify vendor against any and all liability related to client’s event.
b) Client will indemnify vendor from the time of service and on into the future, against any liability associated with client.
c) Client will indemnify vendor against any and all liability associated with the use of pictures taken by Smirkn, its representatives, employees or affiliates at client’s event.

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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. If the printer fails to print out photos on site the vendor will be allowed to give a web site 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. Vendor is not responsible for any consequential damages or lost opportunities upon breach of this agreement. Small children should be accompanied by adults and attendants are not responsible for monitoring children.

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