THE PROVIDER - Goofy Face Photobooth
THE CLIENT - The person booking Goofy Face 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.
CONTRACT: This Contract incorporates the entire understanding of the parties (Javier Olivero DBA Goofy face Photobooth 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.
COPYRIGHT AND RELEASE: This constitutes an order for photo booth rental photography. The parties entering this Contract (henceforward known as “THE CLIENT”) grants Javier Olivero (henceforward known as “GOOFY FACE”) 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 GOOFY FACE’S permission, and violators of this Federal Copyright Law (all rights reserved) will be subject to its civil and criminal penalties. GOOFY FACE 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 GOOFY FACE. Original media and copyrights remain the exclusive property of GOOFY FACE. 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.
RESERVATION: A signed Contract and retainer fee are required to reserve the specified coverage. GOOFY FACE reserves the right to not fulfill his contractual obligation until he receives the payment in advance (see #4).
ADVANCED PAYMENT: Payment in advance is considered part of the payment. The payment in advance is $200 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, GOOFY FACE shall have the right to immediately terminate this Contract with no further obligation, retain any monies already paid, and not attend the event(s).
PAYMENTS: THE CLIENT agrees make timely payment. Your final payment is non refundable unless Goofy Face Photobooth 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.
IDLE HOURS: Idle hours are charged at $25 per hour. Payment for any overage in time must be paid before additional hours are provided.
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.
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, color or black & white prints per visit, onsite attendant, huge variety of party props, background, CD or email with all event photo booth photos, guest instant facebook & email (Internet connection needed), facebook album on Goofy Face account for tagging and sharing, online photo gallery & store for enlargements, personalized welcome screen, custom design on strips and memories that last a lifetime.
TRAVEL EXPENSES INCURRED: When applicable, THE CLIENT is responsible for all travel, accommodations, meal(s), parking tickets and transport costs if any, unless provided by THE CLIENT.
ACCESS, SPACE & POWER FOR PHOTO BOOTH: THE CLIENT will arrange for an appropriate space for the photo booth at event's venue. (aprox. 8’ deep x 6’ wide x 7’ high). THE CLIENT is responsible for providing access to a 110 volt electrical power, 3 prong outlet (and Internet if needed) for the Photo Booth.
SHIPPING COSTS: Any special shipping and handling costs will be paid for by THE CLIENT. Shipping costs include: shipping, handling, insurance and certified mailing.
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 GOOFY FACE 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 THE PHOTOGRAPHER, THE CLIENT agrees that they are liable for the full payment of the invoice.
TIME: GOOFY FACE will arrive at event venue approximately one hour before scheduled rental start time to setup equipment and make sure that everything is operational.
HOUSE RULES AND RESTRICTIONS: THE CLIENT is responsible to inform GOOFY FACE any restrictions at the venue that may affect the setup or operation of the Photo Booth and/or GOOFY FACE’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 GOOFY FACE is not responsible for the consequences of such restrictions. GOOFY FACE is limited by the guidelines of the venue site management regulations. THE CLIENT agrees to accept technical results of these requirements on GOOFY FACE. Negotiation with the venue for moderation of guidelines is THE CLIENT's responsibility - GOOFY FACE will only offer technical recommendations.
PERMITS: THE CLIENT is responsible for acquiring all permits and necessary permission for all locations on which GOOFY FACE will be performing services.
DAMAGE TO GOOFY FACE’S EQUIPMENT: THE CLIENT acknowledges that it shall be responsible for any damage or loss to GOOFY FACE’S equipment caused by any misuse of the GOOFY FACE’S Equipment by THE CLIENT or its guest.
LIMIT OF LIABILITY AND REFUND: GOOFY FACE takes the utmost care regarding equipment function, photo quality, and printing. However, due to the nature of technology, some downtime may occur. GOOFY FACE 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 GOOFY FACE fails to comply with the terms of this agreement, GOOFY FACE responsibility and liability is limited to the return of all payments received for the event package. If GOOFY FACE cancels the contract due to illness, GOOFY FACE 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.
SAFETY: GOOFY FACE reserves the right to terminate the rental service and leave the location of the event(s) if GOOFY FACE experiences inappropriate, threatening, hostile or offensive behavior from person(s) at the event(s), or in the event that the safety of GOOFY FACE and their staff is in question. Any fees paid for services/products already completed will not be refunded.
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 GOOFY FACE by THE CLIENT.
We, at Goofy Face Photobooth treat the privacy of our visitors with the highest importance. This policy details the measures we take to preserving and safely guarding your privacy when you visit or communicate with our site or personnel.
We will not store any credit or debit card details.
1. Information Collection
Operation of this site may require collection and processing of the following data:
1.1 Visit details to our site or any resources used on our site are not limited to just location and traffic data, weblogs or other communication information.
1.2 Information given to us when you contact us for any reason.
1.3 Data offered by filled out forms on our site, like a registration or purchase.
Our advertisers and us may have the occasion to collect information in regards to your computer for our services. The information is gained in a statistical manner for our use or advertisers on our site.
Data gathered will not identify you personally. It is strictly aggregate statistical data about our visitors and how they used our resources on the site. No identifying personal information will be shared at any time via cookies.
Close to the above, data gathering can be about general online use through a cookie file. When used, cookies are automatically placed in your hard drive where information transferred to your computer can be found. These cookies are designed to help us correct and improve our site’s services or products for you.
You may elect to decline all cookies via your computer. Every computer has the ability to decline file downloads like cookies. Your browser has an option to enable the declining of cookies. If you do decline cookie downloads you may be limited to certain areas of our site, as there are parts of our site that require cookies.
Any of our advertisers may also have a use for cookies. We are not responsible, nor do we have control of the cookies downloaded from advertisements. They are downloaded only if you click on the advertisement.
3. Your Information and how it is Used
Primarily, we collect and store data about you to help us provide better service and products to you. The following are purposes we may use your information for:
3.1 At anytime you request information from us via a form or other electronic transmission we may use your information to fulfill that request relating to our services and products. We may also communicate with you on other products or services you may find of interest, only when consent has been provided.
3.2 Contracts we make with you create a commitment, which may require contact or use of your information.
3.3 We have the right to notify you of changes to our website, products or services that could affect our service to you.
3.4 Information on products or services similar to those of an existing consumer purchase may be communicated to you. The information sent to you in a communication will be similar to the subject of a recent sale.
3.5 We may also use your information or allow a third party use of this data, to offer you information about unrelated products or services you may be interested in. We or third parties can only communicate if you have consented to such communication and data use.
3.6 New consumers can be contacted by our website or third parties only if consent has been granted, and only for those communications you have granted.
3.7 An opportunity for declining your consent is provided on our site. Use this opportunity to withhold your details from us or third parties, regarding data we may collect.
3.8 Be aware we do not reveal identifiable information about you to our advertisers, though we may at times share statistical visitor information with our advertisers.
4. Third Party Links
5. Contacting Us
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 Customer 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, Customer agrees to solve any arguments via arbitration. In the event GOOFY FACE is unable to supply a working photo booth for at least 80% of the Service Period, Customer shall be refunded a prorated amount based on the amount of service received.
If no service is received, GOOFY FACE'S maximum liability will be the return of all payments received from THE CLIENT.
GOOFY FACE is not responsible for any consequential damages or lost opportunities upon breach of this agreement.