Last Updated June 16th, 2023
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Terms and conditions
These Terms and Conditions (“Agreement”) govern the provision of balloon decor services and photobooth rental (“Services”) by Balloons Filled with Love LLC (“Company”) to the client (“Client”). By engaging our Services, the Client agrees to be bound by these Terms and Conditions.
Service Agreement: 1.1 Scope of Services: The Company agrees to provide balloon decor services and/or photobooth rental as agreed upon with the Client. 1.2 Booking Confirmation: A signed contract or written agreement and a deposit payment may be required to secure the Services for the specified date and time. 1.3 Changes and Cancellations: Any changes or cancellations to the agreed Services must be communicated in writing to the Company. Changes are subject to availability, and cancellations may be subject to cancellation fees as outlined in Section 4.
Client’s Obligations: 2.1 Venue Access: The Client is responsible for ensuring that the venue or location for the Services is accessible and available during the agreed-upon times. Any delays or issues caused by venue restrictions or inaccessibility may result in additional fees. 2.2 Cooperation: The Client agrees to cooperate with the Company in providing necessary information, access, and support to facilitate the successful execution of the Services.
Pricing and Payment: 3.1 Pricing: The pricing for the Services will be outlined in the signed contract or written agreement between the Client and the Company. 3.2 Deposit and Payment: A deposit payment may be required to secure the Services. The remaining balance is typically due on or before the day of the event, unless otherwise specified in the contract. Failure to make timely payments may result in the cancellation of the Services.
Cancellations and Refunds: 4.1 Cancellation by the Client: In the event of a cancellation by the Client, the following cancellation fees may apply: – If canceled [number of days] or more prior to the event: [percentage or fixed amount]. – If canceled within [number of days] of the event: [percentage or fixed amount]. 4.2 Cancellation by the Company: In the unlikely event that the Company needs to cancel the Services due to unforeseen circumstances, the Client will be refunded any payments made to the Company.
Liability and Indemnity: 5.1 Limitation of Liability: The Company shall not be held liable for any damages, losses, or injuries incurred during the provision of the Services, except in cases of gross negligence or willful misconduct. 5.2 Indemnification: The Client agrees to indemnify and hold the Company harmless from any claims, damages, losses, or expenses arising out of or related to the Services provided.
Intellectual Property: 6.1 Ownership: The Company retains all intellectual property rights to any designs, images, or materials created or provided as part of the Services. 6.2 Usage: The Client agrees to grant the Company permission to use photographs or videos taken during the event for promotional purposes, unless otherwise specified in writing.
Governing Law and Jurisdiction: 7.1 This Agreement shall be governed by and construed in accordance with the laws of [Jurisdiction]. Any disputes arising from or relating to this Agreement shall be subject to the exclusive jurisdiction of the courts of [Jurisdiction].
Entire Agreement: 8.1 This Agreement constitutes the entire agreement between the Client and the Company and supersedes any prior discussions, understandings, or agreements, whether written or oral.
Amendments and Waivers: 9.1 Any amendments or waivers to this Agreement must be in writing and signed by both parties.
By engaging our Services, the Client acknowledges that they have read, understood, and agreed to these Terms and Conditions.
Photo Booth Terms & Conditions
EVENT AGREEMENT TERMS AND CONDITIONs
The Client agree that Balloons Filled with Love will provide photobooth services to the best of its abilities, in the manner described in the Agreement and invoice. 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.
We will provide the Ultimate iPad based digital photo booth and a 7×8 fabric backdrop, set it up and go pick it up on the date specified. WHAT IS NOT INCLUDED: Prints are not included in the rental unless otherwise specified on the Invoice. Physical props are NOT included unless otherwise specified on the invoice. Unless specified on the invoice, the booth is a DROP OFF and does not include an attendant. After we set up booth and leavethe client becomes responsible for the equipment. if it’s found damaged or lost when Balloons filled with love attempts to pick up, The client is responsible for paying up to $4,000 to fix or replace unit.
The client attests the following: “I understand that I am responsible for paying up to $4,000 to fixing or replacing the photobooth unit or any other items used during this event if they get lost or broken during my event.”
Pursuant to the responsibilities of the Client, Company agrees to have a photobooth operational for a minimum of 80% during this period; occasionally, operations may need to be interrupted for maintenance of the photobooth. In the event that we are unable to supply a working photobooth for at least 80% of the Service period, the 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 the 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 principle place of business at the time of the execution of this Agreement.
RETAINER AND PAYMENT
A non-refundable retainer in the amount of $200 is due upon signing of contract.
Client is liable for any overage in time at the cost of $150/hr., which will be billed in half hour increments.
CHANGES AND CANCELLATIONS
Any request for a date, time, or location change must be made in writing at least thirty (30) 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, time, or location, deposit shall be forfeited and no photo-booth services will be provided. Any cancellation occurring less than thirty days prior to the event date shall forfeit all payments received.
Client shall provide parking for Balloons filled with love’s vehicle while at Client’s Event. The parking space shall be within close proximity to the venue, and Client shall provide any necessary parking permit or pass prior to the event date.
PHOTOBOOTH ACCESS, SPACE AND POWER
Client shall arrange for an appropriate space for the photo-booth at Client’s venue. Space must be level, solid, and at least 6’ by 9’. It is the Client’s responsibility to ensure access is possible. Photobooth may be placed in an exterior location, provided it is protect from weather. Client is responsible for providing power to the photobooth (110V, 10 amps, 3 prong outlet). Outdoor installations might require a tent to be provided, if it rains, the client is responsible for moving the booth to a safe space out of the elements.
Our Booth’s social media package requires the client to provide or guarantee a venue Internet connection of at least (1MB). We are not responsible for insufficient social media features below the required Internet speed. If not WIFI access is available, photos taken will be sent once Photo-booth is able to log in to WIFI.
Upon receiving downloadable link for high-resolution files, Client accepts all responsibility for archiving and protecting the 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 discs provided. It is Client’s responsibility to make sure that digital files are copied to new media as required.
Company will design an OVERLAY based on material supplied by Client, including logos, fonts, monograms, and ideas. Company will provide a draft and one revision, additional revisions will be billed to Client at ($100) an hour. The client give permission to use provided logo on Booth designs.
Balloon Filled With Love reserves the right to use images produced with its photobooth under this Agreement to transfer to a third-party, host, store, cache, reproduce, publish, display (publicly or otherwise), perform (publicly or otherwise), distribute, transmit, modify, adapt, and create derivative works, and to reproduce the same images, in each case for the purpose of promoting the Company, its services, and other goodfaith business purposes.
CLIENT WARRANTS THAT IT HAS ACTUAL AUTHORITY TO 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. 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 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.
ALL SALES ARE FINAL. Client understands and agrees that all sales and service fees are final and no refunds will be provided. By signing this contract and paying the electronic invoice using your card, you authorize Balloons filled with Love to charge the balance on the invoice and or damage costs when applicable.