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AGREEMENT TERMS & CONDITIONS
The following contract and its terms will set forth an agreement between 321 Flash and Client as listed above for Photo Booth Rental services for an event taking place at venue as listed above. 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 start time to end time as listed above. We will arrive approximately half an hour before the service period begins. If you would like us to arrive earlier you will be charged for idle time. Provider agrees to have 321 Flash  operational for a minimum of 90% during this period; occasionally, operations may need to be interrupted for maintenance of the photo booth (changing paper, cleaning screen, maintaining prop table). In addition, ½ an hour is required after the conclusion of the service period for take down and removal.
 
PAYMENT
A non-refundable retainer half the total amount is due upon signing of this contract. The remaining amount is due 14 days prior to your event. If payment is received after this date, client may be subject to a 10% late penalty fee. If payment is received after the date of your event, you are subject to a late penalty fee of 10% of the balance due PER DAY. We accept Cash, Cash App, Visa, Mastercard, American Express and Discover via Paypal. We do not secure your date on our calendar until a 50% 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 to the operator at the hourly rate of $100 per hour. Payment for any overage in time must be paid before additional hours are provided. Client will agree to time overages during event before services continue. Client agrees that in addition to any and all other legal rights and remedies Provider may have, Client will pay a $50.00 fee for any and all returned checks.
 
ACCESS, SPACE & POWER FOR PHOTO BOOTH
Client will arrange for an appropriate space for the photo booth at event's venue. Required space must be level, dry and free from wind. Please contact us immediately if the space does not meet the conditions mentioned so we can plan accordingly. Client is responsible for ensuring power is available for the photo booth, (120V, 15 amps, 3-prong outlet within 10 feet of desired set-up area). All electrical must adhere to contemporary safety standards and supplies at least 15 amps. Client accepts full responsibility and is liable for any damages, injuries or delays that occur as a result of failure to comply with these provisions. Sufficient lighting is needed for quality of photos from photo booth. Client agrees to make sure lighting is available near photo booth.
 
DATE CHANGES & CANCELLATIONS
Any request for a date change must be made in writing at least seven 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 retainer shall be forfeited and event cancelled. Any cancellation occurring less than thirty days prior to the event date shall forfeit all payments received.
 
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 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 Untamed Smiles its representatives, employees or affiliates at Client's event.
 
MODEL RELEASE
For valuable consideration received, I grant to 321 Flash and his/her legal representatives and assigns, the irrevocable and unrestricted right to use and publish photographs of me, or in which I may be included, for editorial, trade, advertising, and any other purpose and in any manner and medium; and to alter and composite the same without restriction and without my inspection or approval. I hereby release Photographer and his/her legal representatives and assigns from all claims and liability relating to said photographs.
 
LIABILITY
Client agrees to assume full responsibility and liability for any and all claims arising out of the use of the photo booth or its booth attendants. 321 Flash will not be held liable for any injury, loss or damage directly or consequently arising out of the use or rental of the photo booth. Client will indemnify 321 Flash against, and hold 321 Flash harmless from all claims, actions, proceedings, costs, damages, and liability including attorney’s fees, arising out of, in connections with, or resulting from the rental of 321 Flash Photo Booth.
 
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 80% of the Service Period, Client shall be refunded a prorated amount based on the amount of service received.