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The Courtland Events LLC - 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 video /photobooth 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
Pursuant to the responsibilities of the Client, Company agrees to have products and services
operational for a minimum of 80% during this period; occasionally, operations
may need to be interrupted for maintenance of the unit(s) and staff. Setup time is included with the packages. Setup time is determined based on the products and services selected. If Client prefer an earlier setup time than the determined time, an idle time fee will be reflected on the invoice. Client must indicate in writing for idle time setup.
RETAINER AND PAYMENT
Standard Packages: A retainer is due upon agreeing to the contract. The remaining
amount is due the 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 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. Some product rentals will require a refundable security deposit (refund is based on the condition of the product once it is returned).
Courtland Logistics/Decor Refund Policy: Client must submit 50% retainer to allow The Courtland Co and partners to begin the project preparation (research, reserve/obtain the items) required. Retainer funds will be leverage of items, therefore a refund is not applicable. If the client cancels the agreement with The Courtland Co, the client forfeits the retainer (no service or products will be exchanged).
Promotion / Discounted Packages: Full payment is required for said packages (unless
otherwise specified). Refunds are not applicable given the package is transferable.
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 100% 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 products 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. 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
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 a working video /photobooth 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.
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