(individually a "party" and collectively, the "parties"), 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.
Client hereby agrees to, and understands that all guests using the photo booth/studio or other equipment hereby given 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.
When applicable, the Provider's Photo booth requires reliable access to 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 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.
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.
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.
The Provider warrants that the above property is in good working condition, but makes no further warranties, express or implied.
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.
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, and 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.
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.
This Agreement shall be construed in accordance with the laws of the State of (YOUR STATE) 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.
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.
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
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