These Terms And Conditions are made effective for all purposes in all respects as of January 1st, 2018 by and between “Monkey Photo Booths, LLC” hereinafter referred to as the “COMPANY” and the inquirer of services, hereinafter referred to as the “CLIENT” relating to any event(s) booked through the Booking Forms located on the COMPANY’s website (www.thesnapbar.com), hereinafter referred to as the “EVENT(S)”.
AGREEMENT: These Terms And Conditions contain the entire understanding between the COMPANY and the CLIENT. It supersedes all prior and simultaneous Contracts or Terms And Conditions between the parties. The only way to add or change these Terms And Conditions is to do so in writing, reviewed and signed by all parties in the form of a new Contract. In the event that any part of these Terms And Conditions is found to be invalid or unenforceable, the remainder of these Terms And Conditions shall remain valid and enforceable. Any agreement to waive one or more provisions of these Terms And Conditions or any failure by one or both parties to enforce a provision of these Terms And Conditions shall not constitute a waiver of any other portion or provision of these Terms And Conditions.
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.
Initial Payment, Fees and Cancellation Charges
An initial deposit payment of 25% of your total booking fee is required to secure your booking. This can be paid automatically through our online booking system. The deposit you pay to secure your event is non-refundable 30 days leading up the event, and reflects the work we put into events prior to attending, and the bookings we will have missed be securing your date for you.
All cancellations must be made by contacting us. Once your event has been cancelled, your event date will immediately be available for other people to book. *Please note all refunds of monies paid will incur a fee to cover the transaction costs set in pleace by our 3rd party payment providers.
- Cancellation 30 days or more before the event – refund of the full amount of the initial payment and/or other monies paid excluding transaction fees*.
- Cancellation between 30 – 14 days of the event – refund of any monies paid, excluding the 25% deposit and transaction fees*.
- Cancellation within 14 days of the event – refund of only 50% of the full booking cost excluding transaction fees*. At this point, it is usually too late for us to get another booking, and so we have lost out.
Full Payment
Full payment is required at least 14 days before your event. An invoice will be generated and e-mailed to you.
Venue, Access and Location
It is your responsibility to ensure you have provided the venues contact information, address for our attendants to find you. We also require that the venue allows reasonable access for loading, and suitable parking once the booth and equipment has been unloaded. If parking for loading is restricted you will be liable for any fines that occur as a result and or time used seeking a suitable location. We cannot be held responsible for any errors or delays resulting from incorrect or missing address details.
The photobooths with backdrop and prop table require the following minimum dimensions, 10ft x 10ft x 10ft when installed.
Photobooths may be placed in an exterior location, provided it is protected from weather.
Print Template and Prints
Monkey Photo Booths will design a custom print out template based on material supplied by Client, including logos, fonts, monograms, and ideas. Monkey Photo Booths agrees to provide client Unlimited Prints at event
Wi-Fi Access and Online Gallery
Monkey Photo Booths online gallery requires Client to provide or guarantee a venue Internet connection of at least (1MB). Monkey Photo Booths is not responsible for insufficient social media features below the required Internet speed.
Model Realease
Monkey Photo Booths reserves the right to use images produced with its photo booth 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 Monkey Photo Booths, its services, and other good- faith 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.
Events beyond our Control
{{business_name}} cannot be held responsible for any circumstances that may prevent us from attending your event; these may include but are not limited to, severe weather conditions, traffic delays, breakdown of our vehicles, sickness or equipment failure. In the case that we cannot attend or fulfill your hire due to events beyond our control we will contact you or the venue as soon as possible. In these instances our liability will be limited to the refunding all of monies paid.
Set-up of Services
We will arrive to set up approximately 45 minutes before the hire period is due to commence. If you require the booth to be set up earlier an idle time charge applies.
It is your responsibility to ensure that the venue has agreed for us to be in attendance at their venue and at the agreed time. This also includes ensuring that there is access to enter the venue and enough space If there is insufficient space for us to set up you will still be charged the full hire amount.
Client is responsible for providing power to the photo booth (110V, 10 amps, 3 prong outlet).
It is your responsibility to inform us of any circumstances that may make setting up take longer, these may include but are not exhaustive to; going upstairs, a long distance from unloading area to set-up area, restricted access. If we are not aware of these and the set-up takes longer than normal your hire period may be intruded into.
Hire Period
The hire period will be for a set period as specified in the booking form and as agreed by both parties before. In addition this will cover the 60 – 90 minute setup time and 30 minute pack down time. Use will commence at the agreed time and finish at the agreed time in the booking form unless due to technical difficulties on our behalf, when we provide the service for the set period once rectified.
If your event simply starts late or runs late, our period of hire will still be for the agreed period and times unless we agree to provide additional hours as per our additions.
Limitation of Liablity; Waiver
UNDER NO CIRCUMSTANCES, EXCEPT AS OTHERWISE STATED IN THIS AGREEMENT, WILL Monkey Photo Booths, 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 PHOTO BOOTH 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 Monkey Photo Booths REQUEST), INDEMNIFY, AND HOLD Monkey Photo Booths, 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.
Termination of Hire
{{business_name}} will not tolerate any abuse or threatening behaviour to our employees. If this occurs {{business_name}} retain the right to terminate the hire, with no refund payable for hire time that has been cut short. We are providing a service to you , our staff should be treated with the respect they deserve.
{{business_name}} also retain the right to terminate a hire if they feel that any equipment or property belonging to {{business_name}} is in danger of being damaged or has been damaged due to unruly behaviour from you. We also reserve the right to refuse guests to participate in the activities if we feel they are too unruly.
In any instances where we feel there is a need to terminate the hire we will attempt to speak with you or the hosting venue first, if possible to try to resolve the matter before termination.
You will be fully responsible for any damages caused by you or any other attendees at the event to the booth or booth equipment howsoever caused, with the sole exclusion of {{business_name}} staff.
In the event of any damages caused by those present to property or equipment in use by {{business_name}}, you will be charged the full replacement cost and are liable to cost involved in termination of future events due to sourcing replacements.
Any damages must be reported to a member of {{business_name}} staff immediately.
Miscellaneous Terms
In the event Monkey Photo Booths 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 no service is received, Company’s maximum liability will be the return of all payments received from 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.