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Contract

The following contract and its terms will set forth an agreement between KAPTURE! PHOTO BOOTHS (Provider) and (Client – Fill In Below) for photo booth services for an event taking place at (Location – Fill in Below) on (Date – Fill in Below). This written contract sets forth the full, written intention of both parties and supersedes all other written and/or oral agreements between the parties.

SERVICE PERIOD

The Service Period will be from these times: (Times – Fill in Below) on the date of: (Date – Fill in Below). Provider agrees to have a kapture! photo kiosk operational for a minimum of 85% during this period; occasionally, operations may need to be interrupted for maintenance of the photo booth (changing photo paper, adjusting camera, adjusting lighting, adjusting printer, etc). but such interruptions are very rare.

PAYMENT

A non-refundable deposit in the amount of 50% of the total cost is due upon signing of this contract. The remaining amount is due 14 days prior to the client’s event. The date is reserved once the deposit is received.

If the rental time period exceeds the service period agreed to in the invoice below, the overage in rental time will be billed at the hourly rate of $150 per hour. Payment for any overage in time must be paid before additional hours are provided. Client agrees that client will pay a $25.00 fee for any and all returned checks which client may write to provider as payment for any service by provider or rental of provider’s equipment.

ACCESS, SPACE & POWER FOR PHOTO BOOTH

Client will arrange for an appropriate, level space of at least 8′ x 8′ at the event’s venue and access to a 3 prong power outlet within 50 feet (along a wall) of the setup area. The circuit must be free of all other connected loads. Any delay in the performance or damage to the photo booth equipment due to improper power is the responsibility of the client.

DATE CHANGES & CANCELLATIONS

Any request for a date change must be made in writing at least thirty (30) days in advance of the original event date. Change is subject to photo booth availability and receipt of a new Service Contract. If there is no availability for the alternate date, the deposit shall be forfeited and event cancelled. Any cancellation occurring less than thirty (30) days prior to the event date shall forfeit all payments received.

PARKING

Client shall provide parking for the Provider’s vehicle while at the Client’s event.

DAMAGE TO PROVIDER’S EQUIPMENT

Client acknowledges that it shall be responsible for any damage or loss to the Provider’s Equipment caused by any misuse of the Provider’s Equipment by Client or its guests.

INDEMNIFICATION

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. 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 KAPTURE! PHOTO BOOTHS its representatives, employees or affiliates at Client’s event. Initials here:

RELEASE

The Client gives the Provider the right to use the photographs and videos from the Client’s event in all forms in all manners, including but not limited to the Provider’s portfolio page.

Client agrees to, and understands the following:

a) Client will indemnify provider against any and all liability related to Client’s Event during or after Client’s event. 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 it’s representatives, employees or affiliates at Client’s event.

MODEL RELEASE:

Client agrees to, and understands the following: All guests using the photo booth hereby give to KAPTURE! PHOTOBOOTHS 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 KAPTURE! PHOTO BOOTHS 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.

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 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 arguments via arbitration. In the event Provider is unable to supply a working photo booth for at least 85% of the Service Period, Client shall be refunded a prorated amount based on the amount of service received. If no service is received, Provider’s maximum liability will be the return of all payments received from the Client. If the printer fails to print out photos on site during the whole duration of the event, the Provider will issue a refund of the print costs. The Provider will be allowed to give a website link to the Client where their guests can log onto to download the digital files for their own use. The Provider will print 1 set of copies of the photos from the event and provide it to client after the event, if the printer fails. Provider is not responsible for any consequential damages or lost opportunities upon breach of this agreement.

PLEASE MAKE ALL CHECKS PAYABLE TO KAPTURE! PHOTOBOOTHS and Mail to:

841 Heathgate Road
Knoxville, TN 37922

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