Terms & Conditions
1. The Client represents and agrees:
a. there is good access to the photo booth placement area. If stairs are unavoidable, pre-approval must be received from a Rock the Booth, LLC (“RtB”) employee;
b. there is a 120 volt electric outlet within 25 feet of the placement area;
c. that the placement area has a stable and level surface, with covered protection if placement is outdoors;
d. that Client acknowledges that the RtB’s equipment may require onsite maintenance and servicing, and as such, may only operate for approximately 90% of the reserved time period; and
e. that Client will be responsible for any damage done to RtB’s property and equipment caused by the Client, any of the Client’s guests, and any employees or agents of the facility where Client’s event is being held.
2. RtB shall provide its services at the location specified on the first page of this Service Agreement (“Agreement”) on the reserved date and provide a qualified technician to operate RtB’s equipment. Unless otherwise agreed in writing RtB will require two (2) hours immediately prior to and up to one (1) hour immediately after the reserved time period to assemble and disassemble its equipment. RtB is not responsible for any additional charges or fees Client may incur as a result of the time required for assembly and disassembly. Additional charges may apply if Client opts to have assembly or disassembly outside of the above stated periods.
3. A non-refundable, non-transferable deposit of One Hundred Fifty Dollars ($150.00) is required to reserve RtB’s services for a specific date. The remaining balance as identified on the services page of this Agreement is due two weeks prior to the reserved date. If the balance due is not paid on time, the deposit shall be forfeited and the reservation cancelled. A Thirty Six Dollar ($36.00) charge will be assessed for any checks returned for non-sufficient funds. Any request for a date change must be made in writing at least thirty (30) days in advance of the original reserved date and subject to: (1) RtB’s availability and (2) receipt of a new Service Agreement. If RtB is unavailable on the new date, Client’s deposit shall be forfeited and the reservation cancelled. Any cancellation occurring less than thirty (30) days prior to the reserved date shall result in the forfeiture of any and all payments made by Client.
4. Client agrees to indemnify and hold RtB, its officers, directors, agents, and employees harmless from any and all demands, claims, suits, damages to property or injury to persons, including but not limited to wrongful death, losses and liabilities, costs and fees (including but not limited to reasonable attorney’s fees), arising out of or caused in whole or in part by the action or omission of Client, Client’s employees and agents, and the owners, members, officers, directors, agents and employees of the location or facility where Client’s event is held.
5. Unless otherwise agreed in writing Client acknowledges that RtB owns the copyright to and possesses the exclusive right to license any and all images produced in accordance with the terms of this Agreement. Client agrees to indemnify and hold RtB, its officers, directors, agents, and employees harmless from any and all demands, claims, suits, damages, liability and losses that may occur in the taking of said images or in any subsequent processing thereof, as well as any publication thereof, including without limitation any claims for libel, invasion of privacy, or unauthorized use of a person’s likeness.
6. Client and RtB agree that in the event of a mechanical failure or for any reason whatsoever that RtB cannot provide the agreed upon services, that RtB’s maximum liability is the return of any payments received from Client. Client agrees that RtB will not be liable for any INCIDENTAL or CONSEQUENTAL damages arising out of the use or inability to use RtB’s services. If only partial services can be provided due to conditions beyond RtB’s reasonable control then any payments received from Client will be refunded on a prorated basis.
7. The services provided by RtB are WITHOUT ANY WARRANTY EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
8. This instrument contains the entire agreement of the parties. The parties have not made any agreements or representations, oral or otherwise, express or implied pertaining to the subject matter of this Rental Agreement other than those specifically included herein. This Agreement supersedes any and all prior agreements between the parties. No modification or amendment of this contract shall be effective unless in writing and signed by both parties.
9. This Agreement shall be governed by the laws of the State of Michigan without regard for conflicts of laws principles.