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TERMS AND CONDITIONS OF BOOKING

THE PROVIDER – FotoGema
THE CLIENT – The person booking FotoGema for their event.

The following contract and its terms will set forth an agreement between the provider and the customer for the hire of the photo booth or other services.

  1. CONTRACT: This Contract incorporates the entire understanding of the parties (Pedro Ruidíaz DBA FotoGema and THE CLIENT). It supersedes all prior and simultaneous agreements between the parties. Any modifications to this contract must be in writing and signed by both parties (see part IV of contract). The following contract and its terms will set forth an agreement between the parties for the hire of the photo booth.

  2. COPYRIGHT AND RELEASE: This constitutes an order for photo booth rental or other photography services. The parties entering this Contract (henceforward known as “THE CLIENT”) grants Pedro Ruidiaz (henceforward known as “FotoGema”) the irrevocable and unrestricted right to copyright, use and publish photo booth photographs of THE CLIENT and all guests, for commercial, editorial, promotion, booth, trade, advertising, educational, publishing, display & online competition or any other purposes, in any manner and medium, without compensation or liability to THE CLIENT. It is illegal to copy or reproduce the photographs, digital files or any CD without FotoGema permission, and violators of this Federal Copyright Law (all rights reserved) will be subject to its civil and criminal penalties. FotoGema grants THE CLIENT permission to share the images on social networking websites, with family, friends and on vendor websites, as long as the images remain unaltered and textual credit is explicitly given to FotoGema. Original media and copyrights remain the exclusive property of FotoGema. Customer will indemnify Provider against any and all liability associated with the use of pictures taken within the Photo Booth its representatives, employees or affiliates at Customer’s event.

  3. RESERVATION: A signed Contract and retainer fee are required to reserve the specified coverage. FotoGema reserves the right to not fulfill his contractual obligation until he receives the payment in advance (see #4).

  4. ADVANCED PAYMENT: Payment in advance is considered part of the payment. The payment in advance is 50% for any package price, and is due at the signing of this contract. The remaining balance is payable in full the same day of the event, before it starts. The payment in advance (commonly known as deposit) will not be refunded. In the event THE CLIENT fails to remit payment as specified, FotoGema shall have the right to immediately terminate this Contract with no further obligation, retain any monies already paid, and not attend the event(s).

  5. PAYMENTS: THE CLIENT agrees make timely payment. Your final payment is non refundable unless FotoGema do not provide a photo booth hire for you. If THE CLIENT uses the equipment for a time period in excess of the service period agreed to overleaf, the overage in rental time will be billed to the operator at the following rates: $150 per hour.

  6. IDLE HOURS: Idle hours are charged at $25 per hour. Payment for any overage in time must be paid before additional hours are provided.

  7. PRICING: Services, merchandise or offers not included in this initial Contract will be sold at the current outstanding price when the order is placed. All prices for additional services, merchandise and/or offers are subject to change at any time without notice.

  8. PACKAGES: All packages include: Photo Booth delivery and removal, hourly basis photo booth rental, professional quality photo paper, double or single photo strip prints, unlimited visits to the booth with instant prints, onsite attendant, huge variety of party props, background, CD or email with all event photo booth photos, facebook album on FotoGema account for tagging and sharing, online photo gallery & store for enlargements, personalized welcome screen, custom design on strips and memories that last a lifetime.

  9. TRAVEL EXPENSES INCURRED: When applicable, THE CLIENT is responsible for all travel, accommodations, meal(s), parking tickets and transport costs if any.

  10. ACCESS, SPACE & POWER FOR PHOTO BOOTH: THE CLIENT will arrange for an appropriate space for the photo booth at event’s venue. (apron. 8’ deep x 6’ wide x 7’ high), a rectangular table 2′ by 6′. THE CLIENT is responsible for providing access to a 110 volt electrical power, 3 prong outlet (and Internet if needed) for the Photo Booth.

  11. SHIPPING COSTS: Any special shipping and handling costs will be paid for by THE CLIENT. Shipping costs include: shipping, handling, insurance and certified mailing.

  12. CANCELLATIONS: If after a Contract is signed, THE CLIENT cancels the event date, then the contract will be cancelled and any payment in advance WILL NOT BE REFUNDED. If after a Contract is signed, THE CLIENT changes, rescheduled or postpones the event date, no additional charges will be made to move to a new date provided that there is no scheduling conflict. If, however, another client has already secured that same day, or FotoGema Photobooth is not available for other reasons, then the Contract is cancelled, the payment in advance is not refunded and the CLIENT shall also be responsible for payment for any of GOOFY FACE’S material charges incurred up to time of cancellation. In the event that THE CLIENT cancels the event without prior request to FotoGema, THE CLIENT agrees that they are liable for the full payment of the invoice.

  13. TIME: FotoGema will arrive at event venue approximately one hour before scheduled rental start time to setup equipment and make sure that everything is operational.

  14. HOUSE RULES AND RESTRICTIONS: THE CLIENT is responsible to inform FotoGema any restrictions at the venue that may affect the setup or operation of the Photo Booth and/or FotoGema’s ability to adequately perform their duties. The client understands that such restrictions may adversely affect the overall experience and/or quality of photos, and that FotoGema is not responsible for the consequences of such restrictions. FotoGema is limited by the guidelines of the venue site management regulations. THE CLIENT agrees to accept technical results of these requirements on FotoGema. Negotiation with the venue for moderation of guidelines is THE CLIENT‘s responsibility – FotoGema will only offer technical recommendations.

  15. PERMITS: THE CLIENT is responsible for acquiring all permits and necessary permission for all locations on which FotoGema will be performing services.

  16. DAMAGE TO GOOFY FACE’S EQUIPMENT: THE CLIENT acknowledges that it shall be responsible for any damage or loss to FotoGema’s equipment caused by any misuse of the FotoGema Equipment by THE CLIENT or its guest.

  17. LIMIT OF LIABILITY AND REFUND: FotoGema takes the utmost care regarding equipment function, photo quality, and printing. However, due to the nature of technology, some downtime may occur. FotoGema guarantees its equipment to be operational at least 80% of the scheduled rental time, and will refund a pro-rated amount of the rental price for any downtime beyond this caused by equipment malfunction. In the unlikely event that FotoGema fails to comply with the terms of this agreement, FotoGema responsibility and liability is limited to the return of all payments received for the event package. If FotoGema cancels the contract due to illness, FotoGema will refund all the fees already received. Any fees paid for services/products already completed will not be refunded. The email, facebook upload and props are a free addition to the photo booth hire and if for any reason the free additions are not working or unavailable, THE CLIENT is not entitled to a refund and accepts this.

  18. SAFETY: FotoGema reserves the right to terminate the rental service and leave the location of the event(s) if FotoGema experiences inappropriate, threatening, hostile or offensive behavior from person(s) at the event(s), or in the event that the safety of FotoGema and their staff is in question. Any fees paid for services/products already completed will not be refunded.

  19. EVENT SCHEDULE: THE CLIENT agrees to confirm the schedule one-week prior to the event(s). Notification of any changes in schedule or location must be made in a timely manner and confirmation of receipt must be obtained from FotoGema by THE CLIENT.