CLIENT Agrees:

(1) A non-refundable deposit/retainer of $100.00 is required to retain the rental date which is due at the signing of this Agreement. The deposit/retainer shall be applied towards the Service Fee(s). The deposit may only be refunded to Client upon the occurrence of those certain circumstances set forth in this Agreement. The Service Fee(s) encompasses only those items included in the Description of Services section above. SEA Creative, LLC will be under no duty to perform its obligations under this Agreement until such time as the Client has paid the Service Fee(s) in full. Client must pay SEA Creative, LLC the Remaining Total of the Service Fee(s) no later than fourteen (14) days before the above event date (unless prior arrangements have been made with SEA Creative, LLC). Late payments may result in a penalty of up to $150 per month. (2) By signing this Agreement, Client agrees that The SEA Creative, LLC is the exclusive professional photo booth provider for the event. No additional professional photo booths may be employed by Client, their agents, or representatives without The SEA Creative, LLC prior express written consent. (3) Have a safe and open access (no stairs) to the desired location of the Photo Booth. Photo Booth Area must be a solid (concrete or similar) and level surface. Exceptions can be made only with the inspection and approval by a representative of SEA Creative, LLC; (4) Provide a functioning electrical standard outlet within 10 feet of the desired location; (5) If placed outdoors, the Client must provide a covered/tented area for the Photo Booth/equipment and understand the elements of inclement weather which may or may not include temporary shutdown.

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SEA Creative, LLC Agrees:

(1) Provide a Photo Booth and reasonable photography equipment that does not require money to operate and provide adequate equipment and film (2) Provide a qualified technician to maintain the unit in operating condition and to assist guests and users safely in the photography process. (3) Install and remove the Photo Booth in a timely manner at the times specified. Should SEA Creative, LLC attendant previously assigned to the event become unexpectedly ill or injured, SEA Creative, LLC shall make best efforts to secure the services of an alternative attendant for the event. If the services of an alternative attendant cannot be secured, then The SEA Creative, LLC shall promptly reimburse Client any and all Service Fee(s) amounts Client has previously paid to SEA Creative, LLC, and neither party shall have any further obligations or additional liability under this Agreement. (4) In the event of equipment malfunction, SEA Creative, LLC shall make best efforts to maintain functioning equipment for the event. In the event of complete equipment malfunction, then SEA Creative, LLC shall promptly reimburse Client any and all Service Fee(s) amounts Client has previously paid to SEA Creative, LLC, and neither party shall have any further obligations or additional liability under this Agreement

 

CHANGES AND CANCELLATION POLICY

(1) If subsequent to this Agreement Client changes the date of the event, The SEA Creative, LLC will make best efforts to accommodate Client and provide its services on the changed date. If SEA Creative, LLC is not available on the new event date, The SEA Creative, LLC shall be entitled to keep the retainer and neither party shall have any further liability or obligation under this Agreement. (2) If Client reschedules the event, and the new date is in the following year, any new pricing in effect at that time shall apply. (3) If Client cancels the event date, Client shall immediately notify The SEA Creative, LLC of such cancellation in writing. In the event that Client cancels the event less than 48 hours prior to the event date above and has yet to pay the Service Fee(s) in full, Client shall be obligated to immediately pay SEA Creative, LLC any and all remaining Service Fee(s) balance.

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LIMITATIONS OF LIABILITY

(1) SEA Creative, LLC liability to Client for any claim for damages, reimbursement or loss suffered, relating to or in any way arising out of SEA Creative, LLC performance under this Agreement, is solely limited to a refund of the Service Fee(s). Because an event is an uncontrollable event, SEA Creative, LLC cannot guarantee delivery of any specifically requested image(s). Client further recognizes and agrees that an entire event cannot be replicated, reenacted or repeated for the purpose of a re-shoot, and SEA Creative, LLC has no obligation under this Agreement to do so. (2) Neither SEA Creative, LLC nor Client shall be held responsible or liable if the fulfillment of any terms or provisions of this Agreement are delayed or prevented by revolutions or other disorders, wars, acts of enemies, fires, floods, acts of God, or without limiting the foregoing by any other cause not within the control of the party whose performance is interfered with, and which by the exercise of reasonable diligence, the party is unable to prevent, whether of the class of causes enumerated before or not. In the event the events contemplated by this paragraph occur, SEA Creative, LLC shall be entitled to retain any and all retainer amounts previously paid by Client. (3) Client covenants and agrees to indemnify and hold SEA Creative, LLC harmless from all claims, demands, actions or damage of every kind and description, including reasonable attorney fees and all other costs and expenses necessarily incurred, which may accrue to, or be suffered by Client as a result of a third party’s act and/or omission and not as a result of SEA Creative, LLC act and/or omission, including but not limited to the following occurrences: photographic materials being damaged in processing, loss of photographic materials due to camera malfunction, loss of photographic materials in the mail, and photographic materials being stolen while outside the control of SEA Creative, LLC.

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Photo Booth Minor Policy: 

(1) Client understands and assumes consent for minors being photographed; (2) Children under the age of 13 must be accompanied by an adult(s).

Physical Damage and Personal Damage Policy:

(1) Client will be responsible for any intentional or malicious damage to the Photo Booth(s), equipment, and/or props by guests; SEA Creative, LLC holds no liability for any obscene or profane behavior or photos taken. If at any point during the event the SEA Creative, LLC attendant feels unsafe or is harassed by an event guest or guests, the attendant can immediately end the services and leave. If a guest or guests are rude, the attendant will notify Client or Client’s representative and if the rude behavior doesn’t stop, the attendant will end the services and leave. SEA Creative, LLC will provide the products obtained before the incident and Client will receive no refund or partial refund.

Social Media AND Copyright Policy:

(1) Client understands and assumes consent for images transmitted through the internet for social media by guests. SEA Creative, LLC will take the upmost precautions to protect the privacy of photos taken; (2) SEA Creative, LLC will not use images for advertising unless prior consent is given. (3) All photographs created by SEA Creative, LLC are copyright protected. It is a violation of Federal Copyright Law to copy, scan or allow photographs to be reprinted, duplicated, digitally reproduced, copied, scanned or altered (digitally or otherwise), without The SEA Creative, LLC express written permission. Client may have the option to purchase additional reprints directly from SEA Creative, LLC, unless Client has purchased the digital files from  SEA Creative, LLC. Any and all rights to proofs, final or sample prints, shall remain the property of SEA Creative, LLC. SEA Creative, LLC may use any and all proofs and prints for purposes of advertising, display, stock, use in photography contests, or for any other reasonable purpose without notification of, release by, or compensation to Client. (4) Client who purchases digital files may create reprints for personal use only. All other uses of digital files are prohibited and require SEA Creative, LLC express written consent. Digital files are subject to natural degradation and data corruption over time and it is Client’s responsibility to backup such files to prevent loss of data. (5) SEA Creative, LLC will store digital files for two years after the event date. After two years from the event date, files will be archived off site. Retrieval of images outside of two years from the event date will incur a $100 fee.