Terms & Conditions

The following contract and its terms will set forth an agreement between (APE 21 Rentals) and client for photo booth services. 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  
The service provider will arrive approximately 45-90 minutes prior to your requested start time  on the date of your rental. If the Client would like the Provider to arrive earlier, the Client will be  charged at our current hourly $175 per hour Min 2 Hours. Provider agrees to have a  photo booth operational for a minimum of 85% during this period; occasionally, operations may  need to be interrupted for maintenance of the Photo Booth (changing photo paper, adjusting  camera, adjusting printer, lighting etc., when applicable.) to achieve a quality product.  

Access, Space and Power for the Photo Booth  
Client will arrange for access to the event space and will supply any necessary tickets, badges or  other items needed for entry to the Provider's representative at the Client's expense. Client will  arrange for an appropriate space for the Photo Booth at the event’s venue. The photo booth  requires a space 10’ deep x 8’ wide x 8’ high. Client is responsible for ensuring power is  available for the Photo Booth. (110V, 5 amps, 3 prong outlets on a dedicated circuit). If the  Photo Booth is to be placed outdoors, Client agrees to provide complete overhead coverage for  the photo booth and backdrop for the entire duration of the event.  
 

Payment Terms  

1. Service Fee: The service fee shall be outlined in the Client invoice. The service fee will  encompass only items and/or services included within the Client invoice. No items/  services shall be agreed to outside of the Client Invoice whether written, oral or applied.  The Provider will be under no duty to perform its obligations under this Agreement until  such time as Client has paid the service fee in full. Making payment upon this contract  and invoice solidifies this agreement.  

2. Retainer: A Deposit of $50.00 is due immediately upon the signing of the Agreement. The  retainer shall be applied towards the Service Fee. The retainer is nonrefundable in the  instant where Client decides to cancel services, the retainer and all fees collected by the  Provider shall be retained for value received.  

3. Remaining Balance: Client agrees to pay to Provider any and all remaining fees owed no  later than 10 days prior to the lease start date.

​

Change of Date  
If subsequent to this Agreement, the Client changes the date of the service, The Provider will make best efforts to accommodate the Client and provide services on the changed date. If the  Provider is not available on the new event date, the Provider shall be entitled to keep the initial  Deposit of the total Service Fee and neither party shall have any further liability or obligation under this Agreement. If Client reschedules the event, and the new date is in the following calendar year, any new pricing in effect at that time shall apply and will be included in the Client invoice.  

Cancelation  

If Client cancels the event or this Agreement, Client shall immediately notify the Provider of such cancellation in writing within 30 days. In the event that Client cancels the event less than 60  days prior to the reserved lease date, the Client agrees to forfeit the greater of the Deposit Fee. to the Provider for value received. In the case of  cost work, Provider agrees to provide to the Client all Custom products upon payment. Any  cancelation occurring less than 30 days prior to the event shall forfeit any and all payments  received.  

Force Majeure
Neither the Provider nor Client shall be held responsible or liable if the fulfillment of any terms  or provisions of this Agreement are delayed or prevented by revolutions or other disorders, wars,  acts of enemies, fires, floods, acts of God, or without limiting the foregoing by any other cause  not within the control of the party whose performance is interfered with, and which by the  exercise of reasonable diligence, the party is unable to prevent, whether of the class of causes  enumerated before or not. In the event the events contemplated by this paragraph occur, the  Provider shall be entitled to retain the greater of the Deposit  Fee to the  Provider for value 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:  
a) Any misuse of the Provider’s Equipment by Client or its guests.  
b) Any form of theft by guest (s).

The client further acknowledges the provider shall have the express right to decline services to  client’s guests either invited or uninvited, for misuse, inappropriate photos and or unruly behavior.  

Indemnification

Client shall indemnify Provider against any and all liability arising from Client's negligence or willful misconduct related to Client’s Event. Provider shall indemnify, defend and hold harmless  Client, its parent company, affiliates, subsidiaries, agents and guests from any loss, damages,  claims, liability, costs arising from or related to Providers, including, but not limited its staff's  negligence or willful misconduct related to the services provided under this contract.  

Model Release
As a provider, we understand that some of our clients wish their photos to remain private. In that effect, please state if you agree or disagree to our model release agreement. Client hereby agrees to, and understands that all guests using the photo booth/studio or other equipment hereby give to Provider 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, I, hereby release, discharge and agree to hold harmless Provider,  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.  

Attire
Staff may wear company shirts with company logos.  

Internet Access 
When applicable, the Provider's Photo booth requires reliable access to the Verizon cellular data  network's Internet connection when sending Image files instantly. In the event that the Internet is  not available, SMS and Email will queue all submissions and be sent once the Internet becomes  available.  

Client understands that the Provider is not responsible for Internet Reliability and cannot guarantee that reliable Data Signals will be available in all locations. If no coverage becomes available at the event location, the Provider will send all digital copies to the Client and guests  within seven days of the rental conclusion.  

Liability and Indemnity
Client agrees that the Provider's maximum liability for any claims, breaches or damages by reason of any act or omission, including breach of contract or negligence, shall be limited to the  dollar amount paid by Client pursuant to this Agreement. Client agrees that Provider shall not  under any circumstances be liable for any claims for emotional distress, mental anguish, punitive  damages, injuries, consequential damages, lost profits, loss of enjoyment, lost revenues and/ or  replacement costs.  

Client agrees to indemnify, defend and hold harmless Provider, its employees and agents for any  injury, disability, death, property damage, liability, claim or other cause of action arising out of  or related to Provider's events or caused by the operating, handling, or transporting the  equipment during the term of this Lease, including but not limited to, damages caused by the  actions of the Provider or other third parties at the Event and the online posting of images from  the Event. Client acknowledges and agrees that these limitations and requirements reflect a fair  allocation of risk and that the Provider would not enter into this Agreement without these  specific limitations on its liability and indemnification requirements.  

Entire Agreement and Modification
This Agreement constitutes the entire agreement between the parties. No modification or amendment of this Agreement shall be effective unless in writing and signed by both parties. This Agreement replaces any and all prior agreements between the parties whether written or oral.  

Warrant
The Provider warrants that the above property is in good working condition, but makes no further warranties, express or implied.  

Rights on Default
In addition to any other rights afforded the Provider by law, if the Client is in default under this  Agreement, without notice to or demand on the Client, the Provider may take possession of the  equipment as provided by law, deduct the costs of recovery (including attorney fees and legal  costs), repair, and related costs, and hold the Client responsible for any deficiency. The rights  and remedies of the Provider provided by law and this Agreement shall be cumulative in nature. 

Right to Safe Work Environment
Client will be responsible for and shall ensure that Provider's employees, representatives, agents  or contractors are provided a safe work environment free from hazards, attacks, threats of  violence or any harassment sexual, racial or otherwise in nature. In the case the Provider or  representative feels unsafe, the Provider may take possession of the equipment as provided by  law, deduct the costs of recovery (including attorney fees and legal costs), repair, and related  costs, and hold the Client responsible for any deficiency. No refunds will be made in whole or in  part and all monies paid will be retained for value received. The rights and remedies of the  Provider provided by law and this Agreement shall be cumulative in nature.  

Dispute Resolution
To ensure a timely and economical resolution of disputes that arise in connection with this agreement, the Provider and Client agree that any and all disputes, claims or causes of action arising from or relating to enforcement, breach, the performance and interpretation of this Agreement shall be resolved to the fullest extent permitted by law by final and binding arbitration by a single arbitrator in Nevada.  

Governing Law
This Agreement shall be construed in accordance with the laws of the State of (FLORIDA). Severability.  

If any portion of this Agreement shall be held to be invalid or unenforceable for any reason, the  remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision, it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.  

Waiver
The failure of either party to enforce any provision of this Agreement shall not be construed as a  waiver or limitation of that party's right to subsequently enforce and compel strict compliance  with every provision of this Lease.  

Confidentiality and Data Protection  

The parties shall ensure appropriate operational and technical measures are in place to safeguard  against any unauthorized access, loss, destruction, theft, use or disclosure of personal data shared  in connection with this Agreement.