Service Agreement
AGREEMENT/JURISDICTION:
The person(s) whose signature(s) appear on this contract, known as "Client", "You", or "Your", agree that (Welly 360 Photo Booth) known as "Provider", "We", or "Our" shall provide 360 Photo Booth rental services at the client's specified event, time and location. This binding contract incorporates the entire understanding of the parties and supersedes any and all prior agreements between them. Any modifications must be in writing, signed by both parties and physically attached to the original agreement. Client assumes responsibility for all collection costs and legal fees incurred if this contract is breached.
SERVICE PACKAGE
· Unlimited high-quality 360 videos
· Instant video access via QR code
· Custom overlays and artwork
· Custom or royalty-free music
· Fun props (glasses, hats, signs, etc)
· On-site display of videos captured
· All event media delivered to the Client via Google Drive
· Captivating slow-motion video experience
· One booth attendant on-site
· Transportation, setup and operation
PAYMENTS, DATE CHANGES, CANCELLATIONS
To secure your event date, a non-refundable $150 fee is required at the time of booking. The payment is non-refundable and must be made in cash or via internet/bank transfer. Unless otherwise agreed, the remaining balance must be paid in full no later than two weeks before the event day. If you cancel your booking within 1 week of the event, you must still pay the full contract amount to Welly 360 Photo Booth.
There is a seven (7) day cancellation grace period for the non-refundable deposit. After the grace period, any request to change the date must be made in writing at least 14 days before the original event date. Change is subject to 360 Photo Booth availability and receipt of a new Service Contract. If there is no availability for the alternate date, the deposit shall be forfeited.
360 BOOTH SETUP/REMOVAL
Welly 360 Photo Booth will deliver, set up and remove the 360 Photo Booth from your event location. We require access to the venue/location at least 120 minutes before the scheduled event start time. After the event, we require up to 60 minutes to remove the setup. The Clients must ensure we have access to the event space/location when needed. The client agrees that the provider will not be held responsible for delays (or incomplete setup) if the provider is not allowed a reasonable amount of time, provided with the right resources required to complete the setup.
360 BOOTH OPERATIONS
To use the 360 booth, guests must stand on a circular platform while a camera rotates around them for 4 to 5 complete spins. Guests must stand firmly in the centre of the platform without extending their feet over the edge. The platform can safely accommodate up to three adults or four children simultaneously.
SERVICE AVAILABILITY:
Due to the general nature of technology, we cannot guarantee that the 360 Photo Booth will remain operational throughout the event. However, the provider agrees to keep the booth operating for at least 80% of the time during this period. Occasionally, operations may need to be interrupted for maintenance and/or service optimisation, such as changing camera settings, adjusting lighting, adjusting platform or rotation, etc. Should we fail to provide an operational booth during the agreed-upon durations, you will be issued a refund for the service downtime. The provider's sole unreviewable discretion shall determine such refund amount. We will not be responsible for service interruptions caused by consequential damages.
ACCESS, SPACE, & POWER FOR PHOTO BOOTH
The client will arrange an appropriate space for the 360 booth at the event's venue. The booth requires a floor space of at least 3m x 3m. The client is responsible for ensuring power is available for the booth. The booth requires 220V, ten (10) amps, and a 3-prong outlet from a reliable power source within 15m (along a wall or safe path) of the setup area. The circuit must be free of all other connected loads. Any delay in performance or damage to the booth equipment caused by improper power is the client's responsibility. The client shall provide crowd control, if warranted, and furnish the provider with directions to the unique event locations.
FUEL SURCHARGE / PARKING
Travel costs are covered in any package within a 40km radius of Wellington (6021). A separate fuel surcharge will be applied to trips exceeding 40km. The client shall provide parking for the provider's vehicle at the client's event.
OUTDOOR PHOTO BOOTHS
We hope that the heavens will grant you a perfect day for your outdoor event, but there is a saying that rain on your wedding day is good luck. That's why you must have a "Plan B". If you choose to place the Photo Booth outdoors, we must be in a spot that is:
· Totally dry; due to electrical equipment,
· It must be on a paved or grassy surface (no dirt),
· Protected from extremes of wind, heat, cold, and direct sunlight, but not too dark.
Even though the Welly 360 Photo Booth has lights, your guests still have to be able to see us. So please don't put us in a dark corner or out in a field. If you can't put us somewhere that fits these specifications, we may be unable to operate. If conditions change and become unsafe for an attendant or equipment during an event, and a different location at the venue cannot be secured, the provider reserves the right to cancel the remaining service time. No refunds will be given in such cases.
CHILDREN UNDER 12
Children love our 360 Photo Booths, and we love making everyone happy. In some cases, however, we may enforce our "children under 12" policy to maintain order in and around the booth. The "children under 12" policy states that Children under the age of 12 will not be permitted in the Photo Booth without an adult present. The adult does not need to be in the photo with the child/children, but they must be supervising. We very rarely have to enforce this policy.
IDLE HOURS AND ADDITIONAL HOURS
Idle hours can be arranged with the client at an additional cost. An example of Idle Hours is when the booth is booked for 4 hours, which is operational from 5 pm to 6 pm and 7 pm to 10 pm. The booth will be idle/closed (at the client's request) from 6 pm to 7 pm. This is usually for meals or speeches. Idle hours will be charged at a rate of $40 per hour.
Suppose the client requests additional rental time beyond the agreed-upon service period on the invoice. In that case, the overage in rental time will be billed at the $100 hourly rate. The provider will attempt to accommodate the client's requests for additional hours. If accommodations can be made to extend the rental service, payment for the extra hours must be made before the additional hours are provided.
OVERLAY DESIGN
We will customise your video layout to match your event's theme. We allow for up to 3 revisions of your design. After the 3rd revision, a $20 fee per revision can be billed. Traditionally, we have room for two lines of text. Please tell us what you'd like the footer of your videos to say.
Line 1:_____________________________________________________________________________________________________________________
Line 2:____________________________________________________________________________________________________________________
We can modify the layout to include graphics, logos, more text, etc. Please let us know what you would like, or share any other input on your photo layout.
MEDIA DELIVERY
The provider will provide a sharing station where guests can instantly access their videos via a QR Code. An online gallery of all media created by our 360 Photo Booth at the event will also be made available to the client within seven days after the event. The client is responsible for ensuring all images and videos are backed up. We are not responsible for the lifespan of any digital media provided or for any future changes in digital technology that may render the files inaccessible or unusable. We use 3rd-party services to process, store, share, and manage data. We are not responsible and cannot be held liable for any claims by 3rd parties relating to our services.
RELEASE
The client grants the provider the right to use photographs and videos from the client's event in all forms and manners, including, but not limited to, the provider's portfolio page.
The client agrees to and understands the following:
a) The client will indemnify the provider against all liability related to the Client's Event during or after.
b) The client will indemnify the provider from the time of service onward against any liability arising from the client.
c) The client will indemnify the provider against all liability arising from the use of video and pictures taken within the Photo Booth by the client's representatives, employees, or affiliates at the client's event.
Model release option, underline applicable item.
YES, I agree to the model release below / NO I do not agree to the model release below
We realise some of our clients, and others, wish the photos/videos to remain private, which is why we offer the option above. We'd love to use your content on our website and social media, but we understand your privacy.
Client agrees to and understands the following: All guests using the booth hereby give to Welly 360 Photo Booth the right and permission to copyright and use photographic portraits, pictures or videos of any 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, as a result of this release and agreement, agree to discharge Welly 360 Photo Booth from any liability that may occur or be produced in the taking of said picture/video or in any subsequent processing thereof, as well as any publication thereof, including, without limitation, any claims for libel or invasion of privacy.
LIABILITY
Welly 360 Photo Booth promises high-quality service but is not liable for unforeseen circumstances, including but not limited to inclement weather, government restrictions, transportation problems, illness, accidents, labour disputes or strikes, Acts of God, and other causes beyond reasonable control. A delay in transit shall not constitute grounds for a discount or refund. We will do our best to be flexible and provide alternatives where such a situation arises. We reserve the unilateral right to cease operation should the weather pose a threat.
CLIENT RESPONSIBILITY
It is the client's responsibility to provide Welly 360 Photo Booth and our attendants a safe working environment free from hazards, attacks, and threats of violence or harassment of any kind. Only the provider's attendant(s) may administer and control the 360 Photo and Photo Booth. The client acknowledges and agrees that neither the client nor its guest may control the equipment. The client will ensure the guests cooperate and listen to the provider's attendant's instructions. The provider reserves the unilateral right to deny a guest use of the 360 Photo Booth or cease operations due to safety issues or lack of cooperation. The attendant reserves the right to immediately cease operations and take possession of all equipment if it becomes unsafe. No refunds will be made under such circumstances.
INDEMNIFICATION
The client will indemnify and hold the provider harmless from and against any and all losses, liabilities, damages and expenses (including attorneys' fees) resulting from the client's or guest's negligence or willful misuse of the equipment or interactions with the provider's attendants. Client further agrees to indemnify and hold the provider harmless from any and all claims or causes of action, established or otherwise, arising from or relating to the provider's use of the name or likeness of Guests.
DAMAGE TO PROVIDER'S EQUIPMENT
All photo + Photo Booth equipment, including but not limited to cameras, lighting, platforms, backdrops, etc., is the property of Welly 360 Photo Booth and must remain on-site in the setup space. The client is responsible for all losses due to theft, vandalism, misuse or equipment damage caused by the client or their guest (invited or uninvited). The client acknowledges that the provider shall have the right to decline service to a client's guests for any misuse, inappropriate photos or unruly behaviour. The provider reserves the right to immediately disrupt service without a refund if the attendant(s) are harassed, threatened, or abused by the guest or if equipment is damaged by a guest and not repairable on site. We are not the 'fun police' and would instead communicate with the client before taking any other measures, so we can keep the party going! In the event the equipment is damaged, misplaced, or stolen, the client agrees to be billed for the repair or replacement cost of the item(s). The client shall make such payment to the provider within one week of receiving the invoice. Payment can be made via cash or bank transfer.
WAIVER:
The failure of any party hereto to insist upon strict performance of any of the terms or provisions of this agreement or to exercise any right contained in this agreement shall not be construed as a waiver of such term, provision, or right in the future. No waiver by any party hereto of any term or provision of this agreement shall be deemed to have been made unless expressed in writing and signed by such party.
SEVERABILITY
In the event that any provision of this agreement is deemed invalid or unenforceable, in whole or in part, that part shall be severed from the remainder of the agreement, and all other provisions shall continue in full force and effect as valid and enforceable.
I have read, understood, and agreed to the terms and conditions of this agreement. Each person signing as a client below shall be fully responsible for ensuring that full payment is made in accordance with the terms of this agreement.