TERMS AND CONDITIONS
This PHOTO BOOTH RENTAL AGREEMENT AND TERMS AND CONDITIONS (this "Agreement") is made by and between 360PhotoSwirl (the "Company") and the inquirer of services (the "Client") relating to any event(s) (the "Event(s)") booked through the booking forms (“Book Online”) located on the Company's website (www.360photoswirl.com) or any other related website or page operated by the Company (www.360photoswirl.trafft.com).
YOU ARE ENTERING INTO A CONTRACT WITH THE COMPANY. PLEASE READ THIS AGREEMENT IN ITS ENTIRETY. This Agreement is a contract between you, as the Client, and the Company. This Agreement constitutes the entire understanding between the Company and the Client and supersedes all prior and simultaneous contracts or agreements between the parties.
BOOKINGS, CHANGES, AND CANCELLATIONS
BOOKINGS: An electronically submitted Booking Form and a non-refundable deposit of $150 are required to reserve the dates and times of the Event(s). Immediately following you will receive a confirmation email from the Company with your confirmed booking details and selected payment method. If you did not pay for the entirety of your rental on the booking page, you will either be required to pay the remaining balance within three (3) days or your first installment within seven (7) days of receiving your confirmation email. If the Event(s) are rescheduled, postponed, or cancelled; or if there is a breach of this Agreement by the Client, the Company shall be entitled to keep the entirety of the Deposit and the Client agrees that it shall have no recourse to recover such Deposit or any portion thereof. The Client shall also be responsible to pay applicable late or extended time fees to the Company any amounts that the Company has expended in furtherance of performing the Company's obligations under this Agreement that are incurred up to and including the time that the Company receives the Client's notice of cancellation.
CHANGE IN EVENT DATE: If subsequent to this Agreement, the Client changes the date and/or time of the event through our rescheduling page within the required period of a minimum of (7) days before the initial event date, the Client shall remain in the same selected payment agreement (unless changed) of the then-current price for such event. Successfully rescheduling your event will void previous submission details in which the Company will oblige to the new booking information. If the Client is unable to reschedule for their desired event date(s) and/or time(s) after exercising efforts to do so, the Company shall be entitled to keep the deposit but refund the Client the amount of any payments made-forth to the remaining balance and neither party shall have any further liability or obligation under this Agreement except as otherwise stated herein. The Client will not have authorization on the Company’s booking page to change, postpone or cancel any event(s) within less than seven (7) days. In the efforts to do so, The Company will have no obligation to deviate from their booking policy to accommodate any rescheduling or postponing request and shall be entitled to keep the entirety of the deposit and payments made. In the result of cancelling less than the require period, The Company will immediately terminate this Agreement with no further obligation, retain any monies already paid, and not attend the Event(s).
FEES AND PRICING
SERVICE FEE: The service fee (the "Service Fee") encompasses only those items included in the list of services located in the invoice sent by the Company to the Client. The Company will be under no duty to perform its obligations under this Agreement until such time when the Client has either paid the deposit in the full or 1st payment of the remaining balance.
DEPOSIT AND PAYMENT: After submitting the Booking Form, the Company shall send an invoice to the Client stating the Service Fee and add-ons applicable to the Event. If The Client selects a "Party Now, Pay Later" payment option on booking page, The Client is responsible paying the 1st installment to the Company within three (3) days of receiving the invoice. The Company shall have no obligations or liability to perform any services until the Company has received the full balance or a minimum payment of one (1) installment depending on the Clients selected payment option. The Client shall be liable for and required to pay the difference between the Deposit and the Service Fee to the Company over a maximum of eight (8) weeks of four (4) payments with our "Party Now, Pay Later" payment option and a maximum of two (2) days after event to pay the remaining balance in full with our "Pay in Full" payment option.
"x" will refer to the specific price for each individual photo booth rental (as shown below)
PAYMENT OPTIONS: The Company offers two (2) payment options to satisfy the Clients remaining balance following the required deposit for the requested service(s) submitted through our Online Booking page. To confirm booking details, the Client is required to select a payment option of either "Pay in Full “or select between our two (2) "Party Now, Pay Later" payment schedules of either, "2 payments (x every 2 weeks)" or "Pay 4 payments (x every 2 weeks). The booking is not confirmed without the Client paying the entirety of the balance with the "Pay in Full" option or paying the first installment of the "Party Now, Pay Later" option to the Company within three (3) days of receiving an invoice. If the reserved booking date is within those three (3) days, the payment is required no later than twenty-four (24) hours before the start time of the Clients event to avoid loss of deposit. In the event of a Client not paying either their first(1st) installment or the entirety of their remaining balance through invoice, will cause in a result of the Client agreeing that the Company has the right to immediately terminate this Agreement with no further obligation, retain any monies already paid, and not attend the Event(s).
ADDITIONAL PAYMENT TERMS: If the Client has not met the pay requirements of the "Party Now, Pay Later" or "Pay in Full" payment option upon the dates and in the amounts stated herein, the Client agrees that the Company may, in its sole and absolute discretion, assess a late payment charge in the amount of ten (10) dollars per day for an additional five (5) days after required pay period to the Clients invoices for such late payment. The Company will send the Client an updated invoice for each day thereafter the required pay period with applied late fees to the Clients payment amount and/or schedule. In the action of the Company sending updated invoices, by default voids any previous invoice payment agreement. In the event the Client fails to remit payment as specified in selected payment with the additional five (5) days with applied fees or before the event date (whichever occurs first), the Company shall have the right to immediately terminate this Agreement with no further obligation, retain any monies already paid, and not attend the Event(s) while also suspending or restricting your access to further bookings with The Company.
PAYMENT OPTIONS
PAY IN FULL AGREEMENT
The Pay in Full Agreement “Agreement” includes the Final Payment that is sent by invoice to the Client from the Company after The Client completes their booking through our booking page, that will contain their one hundred and fifty (150) dollar deposit, remaining balance, and due date. The Final Payment will contain the difference of the service fee, full price, and deposit amount.
As a condition of the Pay in Full agreement hereunder, the Client agrees to pay the requirement of the entirety of the remaining balance confirmed by the Company's listed service prices at the latest two (2) days following The Clients event g, which shall be agreed to prior to booking any services.
PARTY NOW, PAY LATER INSTALLMENT AGREEMENT
The Party Now, Pay Later Installment Agreement “Agreement” includes the Final Payment Schedule that is sent to the Client from the Company after The Client completes their booking through our booking page that will contain their one hundred and fifty (150) dollar deposit, first payment of your installment, payment amounts and due dates. The Final Payment Schedule will supersede and replace the Payment Schedule.
As a condition of the Pay Now, Party Later agreement hereunder, the Client agrees to pay the requirement of their first installment payment equal to a portion of the final purchase amount confirmed by the Company's listed service prices following receiving an invoice via email, which shall be agreed to prior to booking any services.
PROMISE TO PAY: The Agreement governs the Clients remaining balance to us in the agreement in exchange of services provided to the Client from the Company. You promise to pay the sum of your 1st installment payment and other payment amounts under this Agreement on the dates and according to the amounts displayed as “1st Payment” and “Remaining Payment Schedule” (together, your “Payment Schedule”) as it may be revised by the Final Payment Schedule (inclusive of all taxes and fees), plus all other charges accruing under this Agreement until paid in full. You understand that the actual amounts and due dates of your “1st Payment” and the payments in your “Remaining Payment Schedule” will be provided to you electronically via email and/or Msg as a supplement to this Agreement (the “Final Payment Schedule.”)
THERE ARE NO FINANCE CHARGES AND NO INTEREST PAYMENTS ASSOCIATED WITH THIS AGREEMENT. The Company of the Clients Payment Method (defined above) may charge late fees or other charges in accordance with the terms and conditions stated in this agreement.
1.Use of Proceeds and Disbursement Authorization
By electronically accepting this Agreement and completing a purchase, you agree to pay the 1st payment amount to us which sets your payment schedule, and we agree to implement our obligations as a Company to provide the Client with the agreed services. The Client promises to pay the Company the amounts disclosed in your Final Payment Schedule provided to you electronically as part of this Agreement that will include any amounts added by the Client in
addition to the purchases of the service(s). You also agree to pay any applicable Late Fees (as defined below) you incur under this Agreement. Please be aware that by entering this Agreement you are incurring a personal obligation of services for personal use.
2.Installment Payments
When the Client accepts this Agreement and completes a booking with the "Party Now, Pay Later" scheduled payment, the Client will identify their preferred method of payment in the invoice, designating an eligible US-issued credit or debit card as your “Payment Method.” In addition to the required first (1st) payment to confirm your booking, you must make either one (1) or three (3) additional payments to us (each, an “Installment Payment”) in the amounts shown under “Remaining Payment Schedule” in your Final Payment Schedule. You are responsible for ensuring that you have sufficient funds available to make Installment Payments on the dates specified in your Final Payment Schedule.
Services you may book using Party Now, Pay Later only include the Company's booking services through our online booking page "Book Online" on our website.
3.Late Payments
There are no finance charges or interest associated with this Agreement. However, if an Installment Payment is not paid on or prior to the due date specified in the Final Payment Schedule and remains unpaid for a period of ten (10) days after the due date (or such additional grace period required by applicable law), the Late Fee indicated in the Payment Schedule (if any) will be imposed, up to a maximum of sixty (60) dollars. Additionally, the aggregate sum of Late Fees associated with a particular order will not exceed 25% of the order value at the time of purchase. Thus, lower value bookings may be subject to fewer or lesser Late Fees in the event of late payment.
4.Delinquency and Default
If you fail to make any payment when due in the manner required by this Agreement, you will be delinquent. If you are delinquent, have filed or have instituted against your bankruptcy or insolvency proceedings or are in breach any other material term of this Agreement, we may, to the extent and at the time permitted by applicable law, deem you in default and accelerate the maturity of this Agreement and all payments due hereunder. If you fail to make a payment required under this Agreement, we reserve the right to limit, restrict, suspend, or terminate your access to "Party Now, Pay Later" payment option or any further bookings with 360 Photo Swirl.
5.Approval and Cancellation
All "Party now, Pay Later" payment options are subject to our approval. If we identify that the submitted booking form is associated with a previous account labeled as a delinquent (as defined above) We may, in our sole discretion, not approve your payment option, or cancel a confirmed booking where the Company would have with no further obligation, retain any monies already paid, and not attend the Event(s). The Client will have no obligation to make any further payments to the Company, or continue any other ongoing relationship with us, with respect to your booking submission. You agree that we may conduct research in suspicion to determine your delinquency status to use the services including of third parties. This includes consent for 360 Photo Swirl to obtain personal information such as name, address, bank information to verify accounts that may be associated with Client's labeled as a delinquent.
6.Express Written Consent to Receive Short Message Service (“SMS”) Communications & Email Communications and Marketing
(a) Notwithstanding any current or prior election to opt in or opt out of receiving telemarketing calls or SMS messages (including text messages) from us, our agents, representatives, affiliates, or anyone calling on our behalf, you expressly consent to be contacted by us, our agents, representatives, affiliates, or anyone calling on our behalf for any and all purposes arising out of or relating to this Agreement, at any telephone number, or physical or electronic address you provide or at which you may be reached. You agree we may contact you in any way, including SMS and text messages, calls using prerecorded messages or artificial voice, and calls and messages delivered using auto telephone dialing system or an automatic texting system. Automated messages may be played when the telephone is answered whether by you or someone else. In the event that an agent or representative calls, he or she may also leave a message on your answering machine, voice mail, or send one via text. You also expressly consent to the receipt of electronic communications in connection from the Company, 360 Photo
Swirl or any third party, that is engaged by 360 Photo Swirl to collect any amount owed under this Agreement.
(b) You consent to receive SMS and text messages, calls and messages (including prerecorded and artificial voice and autodialed) from us, our agents, representatives, affiliates or anyone calling on our behalf at the specific number(s) you have provided to us, or numbers we can reasonably associate with your account (through skip trace, caller ID capture or other means), with information or questions about your application, this Agreement and/or your account. You certify, warrant, and represent that the telephone numbers that you have provided to us are your contact numbers. You represent that you are permitted to receive calls at each of the telephone numbers you have provided to us. You agree to promptly alert us whenever you stop using a particular telephone number.
(c) By signing this Agreement, you are providing express written consent to receive SMS and text messages to each telephone number provided by the Client to us regarding this Agreement for our booking services. You agree that you are responsible for any message, data rates or fees that your telephone service provider charges in relation to SMS messages sent and received by you. If you have any questions regarding those rates, please contact your wireless carrier.
(d) If you wish to withdraw your consent to have communications provided via SMS, you may opt-out of receiving SMS from us at any time by emailing us at info@360photoswirl.com Upon receipt of your message, we will process the request and it will be effective only after we have a reasonable period of time to process your request. If you fail to provide or if you withdraw your consent to receive SMS communications as set forth in this section, 360 Photo Swirl reserves the right to restrict, deactivate or close your Account and you agree that you may be prevented from using "Party Now, Pay Later" payment option.
(e) You agree that we may send you marketing communications to the email address you have provided including but not limited to targeted offers, introduction of new features, or other special announcements. You may opt out of these marketing communications at any time by using the “unsubscribe” link within a marketing email.
7. SERVICE AREAS
360 Photo Swirl ONLY services the DMV area, which is the 60 mile radius surrounding the WASHINGTON DC area. The client is responsible for acknowledging our service area and confirming that their location aligns with it. If a client is unsure about their location they are responsible for contacting us prior to booking on our booking page. In the event that a client books a location outside of our radius through our booking page, the booking will be cancelled and a transaction fee of 2.9% and 30 cents will be deducted from the refund amount.
7.Miscellaneous
This Agreement is effective until all amounts due under the Agreement are paid in full or otherwise cancelled or refunded. If any provision of this Agreement (or any portion thereof) is determined to be invalid or unenforceable, the remaining provisions of this Agreement shall not be affected thereby and shall be binding upon the parties and shall be enforceable, as though said invalid or unenforceable provision (or portion thereof) were not contained in this Agreement. This Agreement, including all documents incorporated by reference, constitutes, and contains the entire agreement between you and us with respect to the subject matter hereof and supersede any prior or contemporaneous oral or written agreements.
EXTENDED BOOKING TIME
After a Client satisfies all the booking requirements, The company reserves that time with a buffer period to accommodate events for other clients afterwards. In an event where a Client wishes to add additional time to their event, they must do so seven (7) days prior to the event to receive the same hourly rate listed for that desired service. If the Client decides to extend their booking time during their event, the Client MUST get approval from the Event Coordinator, in which the Client agrees to be charged an additional hundred (100) dollars every hour that exceeds the agreed event time. If a client does not get approval from the event coordinator and proceeds to exceed the agreed time, the client agrees to be charged an additional hundred fifty (150) dollars for every hour that is exceeded. Furthermore, we DO NOT offer thirty (30) minute extension, if a Client does not use the entirety of their booking time, the Client agrees to pay The Company for time submitted on the booking form.
PRICING: Services or merchandise not included in this Agreement will be sold at the current price when the order is placed. All prices (not within the original invoicing) are subject to change at any time without notice. If at any point the Company issues promotional offers or other similar instruments representing credit that the Company will provide to a Client, those instruments shall have no intrinsic cash value, shall be non-transferable, and may only be applied toward specified products or services from the Company.
LIQUIDATED DAMAGES. Following receipt of the Deposit and initiated payment, the Company agrees to reserve the Event date in the Company's schedule in anticipation of the Client's Event. If the Client cancels the Event or fails to pay the remaining portion of the Service Fee when due, the Company may not have sufficient time prior to the Event date to offer the Company’s services to a different client or may need to do so at a reduced cost. As a result, the Client and Company agree that (1) it will be difficult to estimate the total amount of damages to the Company in the event that the Client breaches this Agreement, including but not limited to a failure by the Client to pay the Service Fee when due, and (2) that the amount of the Service Fee is the best estimate of the damages to the Company if the Client were to breach this Agreement. As a result, the Company shall be entitled to liquidated damages in the amount of the Service Fee (and entitled to keep any Deposit made as partial payment thereof) in event of a breach of this Agreement by the Client.
EVENT PROVISIONS AND AGREEMENTS
EVENT SCHEDULE: The Client agrees to confirm the schedule of the Event at least seven (7) days prior to the date of the Event. Event schedule or location changes must be made 7 days prior to the event through our rescheduling link and confirmation of changes must be obtained by the Company and Client by the booking page. The Client is responsible for providing the Company with the correct date of the Event and shall bear the full risk of loss if the Client provides an incorrect Event date or location to the Company. If the Event is to occur less than one week from the date of booking, the Company shall use the information provided to the Company on the Booking Form as the confirmation of the schedule required hereunder.
VENUE AND LOCATION LIMITATIONS: The Company is limited by the rules and regulations of the venue, location and site management for any Event. The Client agrees to accept the results of their imposition on the Company. Negotiation with the venue or site management regarding the application of any rules and regulations is solely the Client’s responsibility; the Company will offer technical recommendations only and shall bear no liability if such rules or regulations prevent the Company from performing all or part of the services.
DAMAGE TO 360 PHOTO SWIRL PROPERTY. If the services to be provided hereunder involve use of any of the Company's property, including but not limited to the photo booth(s), props, advertisement signs or other forms of Company property, the Client agrees that it shall be liable for for any damage or loss to the equipment owned by 360 Photo Swirl caused by but not limited to weather, beverages, food and another type of damages to such property while such property is located at the Event site. This can include : a) any misuse of the equipment by Client or its guests, or b) any theft or disaster (including but not limited to fire, flood or earthquake). c) loss of power or power surges to the photo booths at any time resulting in loss of pictures or damage of software and/or equipment. Including in the event that such damage is caused by any Event attendee or invitee of the Client, except for damage to such property caused by the Company or its personnel. Client agrees that its liability under this section shall not be limited to the liquidated damages otherwise provided for herein.
DISCLAIMER: The Company disclaims any and all liability and the Client agrees that the Company shall have no liability due to causes beyond the control of the Company including but not limited to obtrusive guests, lateness of the Client or guests, weather conditions, schedule complications, incorrect addresses provided to the Company, incorrect dates provided to the Company, rendering of decorations, or restrictions of the locations. The Company is not responsible for backgrounds or lighting conditions which may negatively impact or restrict the photo/video quality. The Company disclaims any and all liability.
AUTHORIZATIONS: The Client represents and warrants to the Company that it has obtained any and all necessary authorizations, permits, licenses, or other agreements from the Event venue and each and every guest attending such Event, such that the Company has full rights to take and use the videos/photos in connection with providing the services requested by the Client hereunder. This includes, but is not limited to, any protected intellectual property, such as copyrights, trademarks, rights of publicity, or architecture rights, that may appear in the photographs taken by the Company or its equipment (including any such intellectual property present in the background of such photos/videos based on the location of the Event venue or the venue itself), and the permission necessary to take and disseminate such videos. The Client agrees to indemnify, defend, and hold Company harmless for any breach of this section.
RESELLING: The Client agrees that it shall not charge Event guests or attendees for services and equipment rendered by the Company at the Event. Notwithstanding the foregoing, this section shall not apply to any admission or other type of entrance fee that the Client charges for admission to the Event.
LIMITATIONS OF LIABILITY
LIMIT OF LIABILITY: The Client agrees that in all instances, the Company’s total and aggregate liability to Client for any claim for damages, reimbursement, or loss, relating to or in connection with this Agreement, is solely limited to amount of the Service Fee or other form of compensation paid by Client to Company over the immediately preceding six (6) month period. In the event that digital files have been lost, stolen, or destroyed for reasons beyond the Company’s control, the Company’s liability is further limited to the return of 50% of Service Fee. The Client understand that the Company is not responsible for any injuries that occur to you or your guest from misuse of the booth or reckless behavior. This includes but not limited to injuries sustained from guest jumping off the platform while the rotating arm is still circulating, standing in the area while the arm is rotating causing the guest to get struck by the arm. Parents are responsible for keeping their children a safe distance away from the machine.
ATTENDANTS ILLNESS OR INJURY: Should the Company personnel previously assigned to the event become unexpectedly ill or injured, the Company shall make best efforts to secure the services of an alternative local personnel for the event. If the services of an alternative local personnel cannot be secured, then the Company shall promptly reimburse Client any and all Service Fee amounts Client has previously paid to the Company in connection with the applicable Event, and neither party shall have any further obligations or additional liability under this Agreement.
INAPPROPRIATE BEHAVIOR BY GUESTS: If at any point during the Event the Company personnel, in their sole and absolute discretion, determine that behavior of the Event guests, staff, attendees or other person(s) at the Event is inappropriate, threatening, hostile or offensive, including but not limited to behavior that the Company personnel determines make them feel unsafe, harassed or sexual harassed, the Company personnel may immediately cease to provide any further services and leave the Event. In such an instance, the Client will remain fully liable for any sums due, including but not limited to the Service Fee, as stated in this Agreement, and the Company shall be fully discharged of any and all further liability to the Client.
FORCE MAJEURE: In the event that the assigned attendant from the Company is unable to perform due to an injury, illness, act of God, act of terrorism, or other cause beyond the control of the Company, the Company will make every effort to secure a replacement. If the situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of the Service Fee.
INDEMNIFICATION: The Client covenants and agrees to indemnify, defend and hold the Company harmless from all claims, demands, actions or damage of every kind and nature, including attorney fees and all other costs and expenses necessarily incurred, which may accrue to, or be suffered by the Company due to any breach of this Agreement by Client or by virtue of the Company providing the services described hereunder to Client, including but not limited to the following occurrences: theft of or damage caused to the Company's equipment, personnel or property at the Event by the Clients attendees, regardless of whether such attendees are personnel of the Client, invitees of Client, or attending in any other capacity, loss of video materials due to equipment malfunction.
PERMITS, RELEASES, POLICIES, AND COPYRIGHTS
PERMITS: The Client covenants that it has acquired all necessary permits and permissions for activities and at all locations for which it has engaged the Company and the Company’s services.
MODEL RELEASE: The Client hereby assigns to the Company, the irrevocable and unrestricted right to use and publish photographs containing images of the Client, guests of the Client, or Event attendees which may be used for editorial, trade, advertising, educational and any other purpose and in any manner and medium; to alter the same without restriction; and to register the copyright of the same without restriction. The Client releases all claim to profits that may arise from use of images. The Client covenants that it has obtained a model release, in substantially the same form as this section, from each of the persons present at the Event and to the extent that any such model release has not been obtained, the Client agrees that it will fully defend, indemnify and hold the Company harmless from any damages, losses or liability that results from Client’s failure to obtain such model release. Client acknowledges that the Company is relying on Client’s representations herein and has informed all persons present at the Event that images taken by the Company at the Event.
THIS AGREEMENT IS FULLY SUBJECT TO YOUR CONSENT TO ELECTRONIC TRANSACTIONS AND DISCLOSURES PREVIOUSLY PROVIDED.
Last updated November 2022