FUNTASIZE UK RENTAL SERVICE CONTRACT
The following contract and its terms will set forth an agreement between Funtasize UK and you the customer for our photo booth services. This written contract sets forth the full, writtenintention of both Parties and supersedes all other written and/or oral agreements between the parties.
The service provider will arrive approximately 30-45 minutes prior to your requested start time on the date of your rental. If the Client would like the Provider to arrive earlier, the Client will be charged at our current hourly "non-operational" rate of £100 per hour.
Client will arrange for access to the event space and will supply any necessary parking, permit or other items needed for entry to the Provider's representative at the Client's expense. Clientwill arrange for an appropriate space for the Photo Booth at the event’s venue. The photo booth requires a space Cubic space of 4.5M (L) x 4.5M (W) x 2.1M (H). Client is responsible forensuring power is available for the Photo Booth. (110V, 5 amps, 3 prong outlets on a dedicated circuit). If the Photo Booth is to be placed outdoors, Client agrees to provide completeoverhead a socket outlet for the photo booth/lights.
If subsequent to this Agreement, the Client changes the date of the service, The Provider will make best efforts to accommodate the Client and provide services on the changed date. If theProvider is not available on the new event date, the Provider shall be entitled to keep the initial deposit, or 50% of the total Service Fee and neither party shall have any further liability or obligation under this Agreement. If the Client reschedules the event, and the new date is in the following calendar year, any new pricing in effect at that time shall apply and will be included inthe Client invoice.
If the Client cancels the event or this Agreement, Client shall immediately notify the Provider of such cancellation in writing within 14 days. In the event that the Client cancels the event lessthan 30 days prior to the reserved lease date, the Client agrees to forfeit the greater of the deposit or 50% of the Service Fee plus 100% of all custom orders including custom backdrops,custom props, custom design work, custom wraps, etc. to the Provider for value received. In the case of cost work, Provider agrees to provide to the Client all Custom products upon payment.Any cancellation occurring less than 14 days prior to the event shall forfeit any and all payments received.
Neither the Provider nor Client shall be held responsible or liable if the fulfilment of any terms or provisions of this Agreement are delayed or prevented by revolutions or other disorders,wars, acts of enemies, fires, floods, acts of God, or without limiting the foregoing by any other cause not within the control of the party whose performance is interfered with, and which bythe exercise of reasonable diligence, the party is unable to prevent, whether of the class of causes enumerated before or not. In the event the events contemplated by this paragraphoccur, the Provider shall be entitled to retain the greater of the Retainer or 50% of the Service Fee to the Provider for value received.
Client acknowledges that it shall be responsible for any damage or loss to the Provider’sEquipment caused by:
Any form of theft or disaster including but not limited to fire, floods or an earthquake. The client further acknowledges the provider shall have the express right to decline services toclient’s guests either invited or uninvited, for misuse, inappropriate photos and or unruly behaviour.
Client shall indemnify Provider against any and all liability arising from Client's negligence or willful misconduct related to Client’s Event. Provider shall indemnify, defend and hold harmlessClient, its parent company, affiliates, subsidiaries, agents and guests from any loss, damages, claims, liability, costs arising from or related to Providers, including, but not limited its staff's negligence or willful misconduct related to the services provided under this contract.
As a provider, we understand that some of our clients wish their photos to remain private while.In that effect, please choose YES or NO to our model release agreement below.
Client hereby agrees to, and understands that all guests using the photo booth/studio or other equipment hereby give to Provider the right and permission to copyright and use, photographicportraits 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 hold harmless Provider, from any liability, that may occur or be produced in the taking of said picture or in anysubsequent processing thereof, as well as any publication thereof, including without limitation any claims for libel or invasion of privacy.
Provider's staff will be presented in Funtasize uniform.
The Provider's Photo booth requires reliable WIFI Internet connection when sending Image files instantly. In the event that the Internet is not available, SMS and Email will queue allsubmissions and be sent once Internet becomes available. Client understands that the Provider is not responsible for Internet Reliability and cannot guarantee that reliable Data Signals will be available in all locations. If no coverage becomes available at the event location, the Provider will send all digital copies to the Client and guests within seven days of the rental conclusion.
Client agrees that the Provider's maximum liability for any claims, breaches, or damages by reason of any act or omission, including breach of contract or negligence, shall be limited to thepound amount paid by Client pursuant to this Agreement. Client agrees that Provider shall not under any circumstances be liable for any claims for emotional distress, mental anguish,punitive damages, injuries, consequential damages, lost profits, loss of enjoyment, lost revenues and/ or replacement costs.Client agrees to indemnify, defend and hold harmless Provider, its employees and agents for any injury, disability, death, property damage, liability, claim or other cause of action arising out of orrelated to Provider's events or caused by the operating, handling, or transporting the equipment during the term of this Lease, including but not limited to, damages caused by the actions of the Provider or other third parties at the Event and the online posting of images from the Event.Client acknowledges and agrees that these limitations and requirements reflect a fair allocation of risk and that the Provider would not enter into this Agreement without these specific limitations on its liability and indemnification requirements.
This Agreement constitutes the entire agreement between the parties. No modification or amendment of this Agreement shall be effective unless in writing and signed by both parties.This Agreement replaces any and all prior agreements between the parties whether written or oral.
The Provider warrants that the above property is in good working condition, but makes no further warranties, express or implied.
In addition to any other rights afforded the Provider by law, if the Client is in default under this Agreement, without notice to or demand on the Client, the Provider may take possession of theequipment as provided by law, deduct the costs of recovery (including attorney fees and legal costs), repair, and related costs, and hold the Client responsible for any deficiency. The rightsand remedies of the Provider provided by law and this Agreement shall be cumulative in nature.
Client will be responsible for and shall ensure that Provider's employees, representatives, agents, or contractors are provided a safe work environment free from hazards, attacks, threatsof violence or any harassment sexual, racial or otherwise in nature. In the case the Provider or representative feels unsafe, the Provider may take possession of the equipment as provided bylaw, deduct the costs of recovery (including attorney fees and legal costs), repair, and related costs, and hold the Client responsible for any deficiency. No refunds will be made in whole or inpart and all monies paid will be retained for value received. The rights and remedies of the Provider provided by law and this Agreement shall be cumulative in nature.
To ensure a timely and economical resolution of disputes that arise in connection with this agreement, the Provider and Client agree that any and all disputes, claims or causes of action arising from or relating to enforcement, breach, the performance and interpretation of this Agreement shall be resolved to the fullest extent permitted by law by final and binding arbitration by a single arbitrator in the United Kingdom..
This Agreement shall be construed in accordance with the laws of the United Kingdom. Severability. If any portion of this Agreement shall be held to be invalid or unenforceable for any reason, theremaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision, it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliancewith every provision of this Lease.
The parties shall ensure appropriate operational and technical measures are in place to safeguard against any unauthorized access, loss, destruction, theft, use or disclosure of personal data shared in connection with this Agreement
Your signature below signifies your understanding and consent to the terms of this Agreement.
Deposit required to secure the booking.
Amount: £100 (non refundable deposit)
Sort code: 08-71-99
Account n.o: 06125569
The reference on the payment should be the date of your event.
Please note: The remaining balance is due latest the day before the event.
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Document Name: FUNTASIZE UK RENTAL SERVICE CONTRACT
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