TERMS & AGREEMENTS
COVERAGE PERIOD TERMS AND AGREEMENTS
We will arrive approximately one (1) hour before the coverage/booked period begins to setup the booth. If you would like us to arrive earlier, you will be billed $75/Hr for idle time. Coverage time starts at the agreed upon time and is consecutive. Setup and take down of the photobooth is always complimentary.
OPERATION
INSTAPIX EVENTS agrees to have the photo booth operational for a minimum of 80% during this period; occasionally, operations may need to be interrupted for maintenance of the photo booth such as changing photo paper, adjusting camera, adjusting printer, etc.
PAYMENT
The balance amount is due 24 Hours prior to the event. Our preferred method of payment is electronic transfers (EMT). Credit card payment is also available. A 3% processing fee will apply to any credit card payments requested.
If the rental time period on the day of the event exceeds the service period agreed to, the overage in rental time will be billed to the CLIENT at the hourly rate of $125 per hour. Payment for any additional time will be added to the balance due and must be paid immediately.
Due to the nature of our business, all sales are final; there will be no refunds.
RESERVATION
A reservation fee (retainer fee) is required to reserve the event date and specified coverage. Any reservation with an approximate guest count of 400 guests or more, will be subject to a $150 fee.
Any request for a date change must be made in writing at least thirty days in advance of the original event date.
Change is subject to availability. If there is no availability for the alternate date, the non-refundable reservation fee shall be forfeited and event canceled.
If event is canceled for any reason, the non-refundable retainer fee is forfeited.
SPACE & POWER
CLIENT will arrange for an appropriate indoor space for the Photo Booth at the event venue. (8' deep x 10' wide x 8' high). The Photo Booth requires a minimum of one 110V, 15 amp, 3 prong circuit outlet from a reliable power source within 50 feet (along the wall) of the setup area. This circuit must be free of all other connected loads.
Any delay in the performance or damage to the Photo Booth equipment due to improper power is the responsibility of the CLIENT.
If only a 2 prong outlet is available, INSTAPIX EVENTS will provide a two prong adapter at no cost given that CLIENT informs PROVIDER at least one week prior to the event.
CLIENT shall provide crowd control if warranted; and furnishing directions to place of engagement. CLIENT is responsible for paying any charges imposed by the venue. These charges may include, but are not limited to, use of electric power.
If space is outdoors, CLIENT shall notify PROVIDER right away and provide a covered area at least 10'x10'.
ACCESSIBILITY
CLIENT is responsible for ensuring there are no obstacles or restrictions that will prevent INSTAPIX EVENTS from safely delivering all equipment, set up and tear down of Photo Booth. CLIENT acknowledges that INSTAPIX EVENTS must have access to the event space at least one hour prior to coverage start time.
Minimum opening access to venue dimensions must be no less than 3' wide and 6.5' high.
DAMAGE & MISUSE
CLIENT acknowledges that it shall be responsible for any damage or loss to the Instapix Events equipment caused by:
a. Any misuse by CLIENT or its guests, venue, venue employees, event staff or
b. Any theft or disaster (including but not limited to fire, flood or earthquake).
CLIENT will not be reimbursed for rental time lost due to willful or accidental damages to equipment inflicted by CLIENT or its guests, venue, venue employees, event staff.
COPYRIGHTS
The photographs produced byINSTAPIX EVENTS are protected by Canadian and international copy laws (all rights reserved) and may not be reproduced in any manner without explicit written permission from INSTAPIX EVENTS. Upon final payment by the CLIENT, a limited use license is transferred to the CLIENT under the following conditions:
• The digital images are licensed to the CLIENT for personal use and for the purposes of the reproduction and giving of photographs to friends and relatives.
• The CLIENT may not publish or sell the photographs for any purpose without written consent from PROVIDER.
• The CLIENT may not alter, transform, or build upon the work of PROVIDER without written consent from PROVIDER.
EXHIBITION
CLIENT grants PROVIDER permission to display selected images resulting from this event as an example of INSTAPIX EVENT’S work and for entrance into photographic competitions and release all claims to profits that may arise from use of images.
BACKDROP
CLIENT must specify which of the backdrops as listed on the website at the time of the booking. Backdrops are available at a first come first served basis. INSTAPIX EVENTS reserves the right to choose appropriate backdrop as it pleases if not all necessary information is available. INSTAPIX EVENTS reserves the right to choose appropriate backdrop as it pleases if a custom backdrop option has been chosen but has not been paid for.
CUSTOM BACKDROP AND PROPS
CLIENT must provide via email all necessary artwork, graphics or logo via email at least 2 weeks before the event. All artwork must be sent in as JPG or PNG and artwork must be at least 300 DPI wide. Color preferences and theme choice to must provided at least 2 weeks before the event. Provider reserves the right to choose artwork if not all necessary information is available. No changes to custom backdrop and props can be made after 2 weeks before the event. All graphics sent in later than 2 weeks before the event will incur a $250 rush fee
MODEL RELEASE
CLIENT agrees to, and understands that all guests using the Photo Booth hereby give to INSTAPIX EVENTS the right and permission to copyright and use, photographic portraits or pictures of any Photo Booth user who may be included intact or in part, made through any and all media now or hereafter known for illustration, art, promotion, advertising, trade, or any other purpose. In addition, CLIENT hereby release, discharge and agree to save harmless INSTAPIX EVENTS from any liability, that may occur or be produced in the taking of said picture or in any subsequent processing thereof, as well as any publication thereof, including without limitation any claims for libel or invasion of privacy.
SAFETY
In the event of circumstances deemed to present a threat or implied threat of injury or harm to users, INSTAPIX EVENTS staff or any equipment owned by INSTAPIX EVENTS, INSTAPIX EVENTS reserves the right to cease performance. CLIENT shall be responsible for payment in full, regardless of whether the situation is resolved or whether INSTAPIX EVENTS resumes service. In order to prevent equipment damage or liability arising from accidental injury to any individual attending this service, INSTAPIX EVENTS reserves the right to deny any guest access to the Photo Booth or any other equipment.
LIMIT OF LIABILITY
In the unlikely event that INSTAPIX EVENTS 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. If the printer fails to print out photos on site, INSTAPIX EVENTS will allow all guest to log onto the online gallery and download full resolution digital files for their own use. INSTAPIX EVENTS takes the utmost care with respect to exposure, transportation, and processing the photographs. However, in the unlikely event that CLIENT photographs have been lost, stolen, or destroyed for reasons within or beyond INSTAPIX EVENTS's control, INSTAPIX EVENTS's liability is limited to a refund to the CLIENT of the amount paid for services less the value of services provided. The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of total number of originals.
FORCE MAJEURE
INSTAPIX EVENTS shall not be liable for any delays or non-performance resulting from circumstances or causes beyond reasonable control, including, without limitation, acts or omissions or the failure to cooperate by the CLIENT, acts or omissions or the failure to cooperate by any third party, fire or other casualty, act of God, strike or labor dispute, war or other violence, or any law, order or requirement of any governmental agency or authority.
LIMITATION ON ACTIONS
No action, regardless of form, arising under or relating to this engagement, may be brought by either party more than one year after the cause of action has accrued, except that an action for non-payment may be brought by a party not later than one year following the date of the last payment due to such party here under.
TIME ADDITIONS
All time addition(s) must be agreed upon by INSTAPIX EVENTS. Any additional hours will be $125/hr. CLIENT must email the time addition agreement to instapixevents@gmail.com. Email must note the number of hours to add on for the said event. All time additions are conditional to the INSTAPIX EVENTS's availability.
DRESS CODE
Unless otherwise noted or requested by CLIENT, INSTAPIX EVENTS reserves the right to observe own dress code. The CLIENT' guest dress code does not apply to INSTAPIX EVENTS.
OPERATOR
INSTAPIX EVENTS will provide at least one operator per event to run the photo booth. Unless Digital Package drop off was booked.
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.
COMPLETION SCHEDULE
Online proof gallery uploaded for view will be completed within 24hours of the event date. Online proof gallery will be available for six (6) months after initial release.
Any subsequent requested release or extension of the online gallery will be for 12 months at a charge of $19.99+hst.
All Photographs will be delivered in HD Quality.
INTERNET CONNECTIVITY FOR SOCIAL MEDIA OPTION
CLIENT is responsible for providing for WIFI connectivity. INSTAPIX EVENTS is not responsible if WIFI is not available or if connectivity cannot be established for any reason.
WEATHER
CLIENT must provide an indoor, dry and safe area free from any rain, inclement or bad weather. INSTAPIX EVENTS will not operate if the conditions are unsafe or wet. Bad weather conditions to be determined by INSTAPIX EVENTS. In the event of bad weather, INSTAPIX EVENTS. will not be able to provide services mentioned. In the event of unsafe weather conditions, no refunds shall be made if CLIENT does not have an alternate plan or location for the photo booth once INSTAPIX EVENTS. arrives on location. CLIENT must contact INSTAPIX EVENTS. at least 4 hours before EVENT start time to cancel services.
JERK CLAUSE
In the event that a CLIENT/Guest/Vendor are physically or verbally violent, unreasonable or hard to work with at any time during, before or after the event, INSTAPIX EVENTS reserves the right to refuse the CLIENT without returning the reservation fee or any monies paid. INSTAPIX EVENTS shall have no further liability with respect to the contract to provide Photo Booth services for the event.