BOOTHY

Terms & Conditions of Booking

Last updated: 27 April 2023

General

The following Contract and its terms will set forth an agreement between Ruby Chang (“Boothy”) ('“Business”, “we,” “us” or “our”) and the inquirer of services (“Client") relating to any event(s) booked through our website www.getboothy.com , via email, in person, or via any other method (the “Event”).

Agreement: This Contract contains the entire understanding between the BUSINESS and the CLIENT. It supersedes all prior and simultaneous Contracts between the parties. The only way to add or change this Contract is to do so in writing, reviewed and signed by all parties. In the event that any part of this Contract is found to be invalid or unenforceable, the remainder of this Contract shall remain valid and enforceable. Any agreement to waive one or more provisions of this Contract or any failure by one or both parties to enforce a provision of this Contract shall not constitute a waiver of any other portion or provision of this Contract.

Headings: The headings and sub-headings of clauses contained are used for convenience and ease of reference and do not limit the scope for intent of the clause.

Reservations, changes, and cancellations

Reservations: Acceptance of these Terms and Conditions of Booking is made by the Client by paying the total invoice amount to reserve the dates and times of the Event.

Cancellation: In the event that the Client decides to cancel the Event for any reason, we shall be entitled to retain a non-refundable, non-transferable $500 retainer fee plus any prepaid add-on customization costs and card processing fees if cancellation is made at least 60 days before the Event date. Cancellations made within 60 days of the Event date are not subject to any refund of the total invoice amount paid unless the date can be rebooked, and if so are subject to a non-refundable, non-transferable $500 retainer fee plus any additional add-on customization costs. Notice of cancellation of the event must be given to us in writing (via email to hello@getboothy.com is acceptable). We may waive the aforementioned cancellation fees at our sole discretion only.

Reschedule and Postponement: If the Client decides, for any reason, to postpone or change the date of the Event, notice must be given to us in writing and we will make best efforts to accommodate the Client and provide our services on the changed date. In order for us to consider accommodating the new event date at the original price, we must be informed of the reschedule or postponement at least 60 days prior to the Event date and informed of the new event date within 30 days of receiving such notice; the new date must be no more than 12 months after the original Event date. The decision whether to accommodate the new date is subject to availability and at our sole discretion. We shall be entitled to retain a $500 non-refundable, non-transferable retainer fee plus the additional prepaid costs and card processing fees detailed above regardless of when the written notice is given to Business. If we cannot accommodate the new date or the written notice of date change is made by the Client less than 30 days before the Event date, the above Cancellation terms and fees apply.

Fees and pricing

Service: The total invoice amount encompasses only those items included in the list of services located in the invoice sent by the Business to the Client. We will be under no duty to perform its obligations under this Contract until such time as the Client has paid the service fee in full. Making a retainer fee or full photo booth service fee payment upon receipt of such invoice assumes acceptance of this Contract.

Retainer Fee and Payment Schedule: The Client shall pay the total invoice amount at the time of receiving an invoice from us in order to confirm an Event date and perform the services specified within such pricing quotation or invoice. After you submit your booking payment, we will begin the process of preparing and coordinating for your Event. At this point, you agree that a $500 retainer fee has been earned. If you cancel your Event or otherwise breach the Agreement such that we have to cancel your Event, you agree that we may retain as liquidated damages the retainer fee. If full payment is not made when due, we will not complete the booking as outlined in your invoice.

Pricing & Additional Charges/Services: Services or customizable merchandise (e.g. customized backdrops or props) not included in any initial invoice or Contract will be sold at a price agreed between us and the Client and invoiced separately. Credit vouchers have no intrinsic cash value and may only be applied toward services purchased from us.

Travel Expenses: All travel expenses are based on the return travel distance between the Event location and Times Square, New York City. For all Events with an address of 50 miles or less driving distance of Times Square, New York City travel costs are included in the photo booth service base price. At our discretion Events in excess of this distance are charged at a per mile rate determined by the Event address and will be clearly stated on the invoice provided to the Client at the time of booking; additional travel costs such as airline, hotel, car rental and other expenses may be applicable and will be notified to the Client as prepaid travel costs on the invoice at the time of booking.

Attorney fees: If any action or other proceeding is brought to enforce any of the terms of this Contract, the prevailing party shall be entitled to recover such reasonable attorney fees and other costs incurred in the action or proceeding, in addition to any other relief to which the prevailing party may be entitled.

Event provisions and agreements

Event Schedule: The Client agrees to confirm the schedule at least 30 days prior to the Event. Notification of any changes in schedule or location must be made in a timely manner by the Client and their receipt confirmed by us in writing.

Service Period: The Client and Business agree that cooperation and punctuality are essential to accomplish the goals and wishes of all parties. We will arrive approximately 1-2 hours before the agreed Event start time begins to set up, unless agreed in advance. The photo booth commences at the scheduled start time and ends at the scheduled end time, both agreed either in the initial invoice or as otherwise agreed in writing. The cost of any additional time beyond the scheduled end time will be agreed between the Client and us verbally at the time of the Event and billed to the client via separate invoice either at the time of the Event or afterwards.

Idle Time: Any breaks during the service period are considered idle time and will be charged at a pre-agreed hourly idle rate.

Number of photos: Unless the client otherwise orders a specific customization, Clients will receive one print per photo booth session, and unlimited sessions during the Event.

Inherent Qualities: The Client is aware that color dyes in prints may fade or discolor over time due to the inherent qualities of dyes as well as any digital media which may deteriorate due to deamination and oxidation, and online cloud storage facilities which may suffer service failure or permanent inaccessibility that is beyond our control. Client releases us from any liability for any claims whatsoever based upon this.

Capture & Delivery: We are not liable to deliver every image taken at the event. The determination of images delivered to the Client is left to our discretion.

Post Production and Editing: Final post production and editing styles, effects, and overall look of the images are left to our discretion.

Venue and Location Limitations: We are limited by the rules and guidelines of the location(s) and site management. The Client agrees to accept the technical results of their imposition on us. Negotiation with the officials/venue management/event planners for moderation of guidelines is the Client’s responsibility; we will offer technical recommendations only. The Client will arrange for an appropriate area (solid, flat ground, 8’ deep x 8’ wide x 8’ high) & power (110V 10 amps, 3 prong outlet) for the photo booth at the Event venue.

Breaks: The photo booth attendant may require bathroom and refreshment breaks when necessary. Occasionally, operations may need to be interrupted for maintenance of the photo booth (changing photo paper / ink, adjusting settings / lighting, etc.).

Responsibilities: We are not responsible for compromised coverage due to causes beyond our control including, but not limited to, obtrusive guests, lateness of the Client or guests, weather conditions, schedule complications, incorrect addresses provided to us, rendering of decorations, or restrictions of the locations. We are not responsible for backgrounds or lighting conditions which may negatively impact or restrict the photo coverage. We are not held liable for missed coverage of any part of the Event. We will not be held accountable for failure to deliver images of any individuals or any objects at the Event.

Authorizations: The Client shall be obligated to obtain any and all necessary authorization from the property owner/representative of any location where we will be providing our services under this Contract.

Limitations of liability

Limit of Liability: Our liability to the Client for any claim for damages, reimbursement or loss suffered, relating to or in any way arising out of our performance under this Contract, is solely limited to a refund of the total invoiced photo booth service fee. Because the nature and running of an event is beyond our control, we cannot guarantee delivery of any specifically requested images. The Client further recognizes and agrees that an entire event cannot be replicated, reenacted or repeated for the purpose of a re-shoot, and that we have no obligation under this Contract to do so.

Attendant Illness or Injury: In the unlikely event that the assigned booth attendant from the Business is unable to perform to the guidelines of this contract due to an injury, illness, act of God, act of terrorism, or other cause beyond our control, we will make every effort to secure a replacement. If the services of an alternative attendant cannot be secured, then we shall promptly reimburse the Client any and all photo booth service fee amounts the Client has previously paid to us, and neither party shall have any further obligations or additional liability under this Contract.

Inappropriate Behavior by Guests: If at any point during the event our attendant feels unsafe or is sexually harassed by an event guest or guests then the attendant can immediately terminate the services and leave the Event. If a guest or guests are rude, the attendant will notify the Client representative and if such behavior does not cease then the attendant will terminate the services and leave the Event. We will provide the services to the Client described in the booking invoice to the best of our ability using the photographs and/or footage obtained prior to the incident and the Client will receive no refund or partial refund.

Force Majeure: In the unlikely event that physical media or digital files are lost, stolen, or destroyed for reasons beyond our control, including but not limited to camera, hard drive, or equipment malfunction, our liability is limited to the return of all payments received for the Event. The limit of liability for a partial loss of digital media shall be a prorated amount of the digital exposures lost based on the percentage of total number of originals, or the total fee paid by the Client for any customization (e.g. customized guestbook). We are not liable for the loss of images beyond the lesser of the final delivery of all products included in the package or one year.

Damage to the Business’ Equipment: The Client acknowledges that they shall be responsible for any damages or loss to the Business’ equipment caused by: a) Any misuse of the Business’ equipment by Clients or person(s) at the Event, or b) Any theft or destruction of equipment (including but not limited to props, camera, computer, and printer) by the Client or person(s) at the Event or c) Disaster (including, but not limited to, fire, flood or earthquake).

Safety: We reserve to right to terminate the services and leave the Event if the photo booth attendant from the Business experiences inappropriate, threatening, hostile or offensive behavior from any person(s) at the Event; or in the event that their safety is in question. We will provide the services to the Client described in the booking invoice to the best of our ability using the photographs and/or footage obtained prior to the incident and the Client will receive no refund or partial refund.

Permits, releases, policies, and copyrights

Permits: The Client is responsible for acquiring all permits and necessary permission for all locations on which we will be performing services.

Film and Copyrights: The photographs produced by us are protected by Federal Copyright Law (all rights reserved) and may not be reproduced in any manner without our explicitly written or verbal permission. If the Client has received an “Image CD", “Image USB", “Image ZIP File", or a link to an “Image Gallery” or “Online Storage Folder” from us, upon final payment by the Client, limited copyright ownership of the resulting images will be transferred to the Client. We also grant the Client permission to share such images on social networking websites, with family and friends, and on vendor websites as long as the images remain unaltered and textual credit is explicitly given to us. The Client must obtain written permission from us prior to publishing or selling the photographs.

Reproduction Policy: The Client shall obtain an “Image CD", “Image USB", “Image ZIP File", or a link to an “Image Gallery” or “Online Storage Folder” for personal use only, and shall not sell said images. If the Client is obtaining a print or image for newspaper announcement of the wedding, editorial use or website, we authorize the Client to reproduce the print in this manner. In such event, the Client shall run a visible credit for the Business adjacent to the photograph.

Model Release: The Client hereby assigns the Business the irrevocable and unrestricted right to use and publish photographs of the Client, guests of the Client, event attendees of the Client or in which the Client may be included, for editorial, trade, advertising, social media, educational and any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same without restriction. The Client releases all claim to profits that may arise from use of images. The Client will also assume responsibility of letting event guests and attendees of this model release information. The Client is responsible for communicating to event guests and attendees the fact that images from the event will be published in an online album linked to from our website, and may be published on our social media accounts.

Copyright: All photographs created by us are copyright protected. It is a violation of Federal Copyright Law to copy, scan or allow photographs to be reprinted, duplicated, digitally reproduced, copied, scanned or altered (digitally or otherwise), without our express written permission. Any and all rights to proofs, final or sample prints, shall remain our property. We may use any and all proofs and prints for purposes of advertising, display, stock, use in photography contests, or for any other reasonable purpose without notification of, release by, or compensation to Client.

Social Media: The Client agrees that when photos are published online, they are required that citation of the Business be made. The Client agrees that under no circumstances to alter the Business’ photographs that are placed in public or on the internet. Photographs taken by us need to be an accurate representation of our work so that future clients have a good understanding of our brand and style. The Client agrees to be responsible for any guest who posts photographs from the Business online and agrees that they cannot be cropped, altered in color, or edited in any way. This applies also to all social media including, but not limited to, Facebook, Instagram, and blogs.

Miscellaneous

EXCLUSIVITY: By accepting this Contract, the Client agrees that the Business is the exclusive professional photo booth provider for the Event. No additional professional photo booths may be employed by the Client, their agents, or representatives without our prior express written consent.