The Courtland Events Video/Photobooth / Event Services
EVENT AGREEMENT - TERMS AND CONDITIONS
The person(s) whose signature(s) appear on this contract, known as “Client,” agree that The Courtland Events LLC (“Company”) will provide services to the best of its abilities, in the manner described in this Agreement. This is a binding contract, which incorporates the entire understanding of the parties, and any modifications must be in writing, signed by both parties, and physically attached to the original agreement.
RETAINER AND PAYMENT
Standard Packages: A retainer is due upon agreeing to the contract. Dates are not secured until the retainer is received. The balance is due 7 days prior to the Client’s Event. If the full payment is not received prior to 7 days of the event, the Client forfeits all payments received and service is subject to be canceled. Client is liable for any overage at the cost of $50 billed in half hour increments. Client agrees that in addition to any and all other legal rights and remedies Company may have, Client will pay a $100 fee for any and all returned checks which Client may write to Company as payment for services. Promotion / Discounted Packages: Full payment is required for said packages (unless otherwise specified). Refunds are not applicable given the package is transferable.
Pursuant to the responsibilities of the Client, Company agrees to have a video/ photo-booth operational for a minimum of 80% during this period; occasionally, operations may need to be interrupted for maintenance of the unit(s).
CHANGES AND CANCELLATIONS
Any request for a date, time, or location change must be made in writing at least fourteen (14) days in advance of the original event date. Change is subject to rental availability and receipt of a new Service Contract. If there is no availability for the alternate date, time, or location, 50 % of the retainer shall be forfeited and no rental services will be provided. Any cancellation occurring less than fourteen (14) days prior to the event date shall forfeit 50% of all payments received.
Client shall provide parking for Company’s vehicle while at Client’s Event. The parking space shall be within proximity to the venue, and Client shall provide any necessary parking permits or pass prior to the event date.
VIDEO / PHOTO BOOTH ACCESS, SPACE AND POWER
Client shall arrange for an appropriate space for the video / photobooth at Client’s venue. Space must be level, solid, and at least 10’ by 10’. It is the Client’s responsibility to ensure access is possible. Video/ Photobooth may be placed in an exterior location, provided it is protected from weather. Client is responsible for providing power to the photobooth (110V, 10 amps, 3 prong outlet).
Company social media package will utilize said Company’s devices data plan provider for internet access (Client is not required to provide WIFI access) Uncontrollable data coverage or data interference/reception might impact the digital delivery and printing of the booth’s output. In the event of delayed delivery, the company will provide the output files to the Client upon restored reception.
Upon receiving a downloadable link for high-resolution files, Client accepts all responsibility for archiving and protecting the output video and photographs. Company is not responsible for the lifespan of any digital media provided for any future changes in digital technology or media readers that might result in an inability to read files provided. It is Client’s responsibility to make sure that digital files are copied to new media as required.
If applicable, Company will design an overlay/watermark based on material supplied by Client, including logos, fonts, monograms, and ideas. Company is not responsible for any logos or information that is not authorized or trademarked by the Client. Given technical difficulties when printing, Company has 5 days after the event to provide prints. No cost adjustment given the prints are delivered within the 5-day period.
UNLESS APPROVED BY CLIENT, Company will not release, permanently host, store, cache, reproduce, publish, display (publicly or otherwise) images produced with its units under this Agreement. CLIENT WARRANTS THAT IT HAS ACTUAL AUTHORITY AND AGREE TO THE USE OF THE LIKENESS OF ALL PERSONS INCLUDED IN THE IMAGES IN THIS MANNER AND SHALL INDEMNIFY THE COMPANY IN ACCORDANCE WITH THE INDEMNIFICATION CLAUSE PROVIDED IN THIS AGREEMENT BELOW. CLIENT AGREES THAT THE CONTENT PROVIDED BY COMPANY IS NOT IN VIOLATION OF A 3RD PARTY INTELLECTUAL PROPERTY RIGHTS, OR OF THEIR RIGHT TO PRIVACY.
RENTAL OF BACKDROPS / WALLS / DECOR
The self rental of Company backdrops, walls, and other décor items are at the Client own risk to ensure the products are installed and secured without harming or damaging any one or thing. Client is to ensure the items are not impacted by inclement conditions (weather, moisture, unleveled surfaces or otherwise). The Client is fully responsible and will not hold Company liable for any harm to person(s) or damage to the area in which the item exist. Client is responsible for the replacement and/or full payment amount for the item in the event event of damage or repair.
LIMITATION OF LIABILITY; WAIVER
UNDER NO CIRCUMSTANCES, EXCEPT AS OTHERWISE STATED IN THIS AGREEMENT, WILL THE COMPANY, ITS PARENT COMPANY, NOR ANY OF THEIR EMPLOYEES, MANAGERS, OFFICERS OR AGENTS BE LIABLE TO THE CLIENT FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE VIDEO / PHOTOBOOTH SERVICE; (B) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS, INCLUDING WITHOUT LIMITATION, ANY INTELLECTUAL PROPERTY RIGHT, PUBLICITY, CONFIDENTIALITY, PROPERTY OR PRIVACY RIGHT; (C) ANY ERRORS OR OMISSIONS IN THE SERVICE'S OPERATION; OR (D) ANY DAMAGE TO ANY USER'S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY. IN NO EVENT WILL THE COMPANY BE LIABLE TO CLIENT OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO CLIENT. CLIENT AGREES TO DEFEND (AT COMPANY’S REQUEST), INDEMNIFY, AND HOLD THE COMPANY, ITS PARENT COMPANY, EMPLOYEES, MANAGERS, OFFICERS, AND AGENTS, HARMLESS FROM AND AGAINST ANY CLAIMS, LIABILITY, DAMAGES, LOSES, AND EXPENSES, INCLUDING WITHOUT LIMITATION, REASONABLE ATTORNEY’S FEES AND COSTS, ARISING OUT OF OR IN ANYWAY CONNECTED WITH ANY OF THE LIABILITY STATED ABOVE, INCLUDING BUT NOT LIMITED TO ANY ACTION TAKEN IN CONNECTION WITH THE MODEL RELEASE PROVIDED IN THIS AGREEMENT, COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS, INCLUDING WITHOUT LIMITATION, ANY INTELLECTUAL PROPERTY RIGHT,
PUBLICITY, CONFIDENTIALITY, PROPERTY OR PRIVACY RIGHT.
In the event Company is unable to supply service for at least 80% of the Service period, Client shall be refunded a prorated amount based on the amount of service received. If no service is received, Company’s maximum liability will be the return of all payments received from Client. Prior to any party commencing an action, each party shall meet in a good faith attempt to resolve their differences. Should both parties be unable to resolve their dispute, both parties agree to submit their dispute to a neutral mediator. Both parties agree to the jurisdiction, venue, and choice of law of Company’s place of business at the time of the execution of this Agreement.
A RETAINER OR PAYMENT OF SERVICES SIGNIFIES YOUR UNDERSTANDING AND CONSENT TO THE TERMS OF THIS AGREEMENT.