All references in this Photo Booth Rental Contract to “Fine Frame Studios” refer to Fine Frame Studios LLC, a Connecticut limited liability company, and no principal, employee, contractor of agent of Fine Frame Studios LLC shall be personally liable for the performance of any duties or obligations of, or the breach of this Photo Booth Rental Contract by, such limited liability company.  

Payment:  A non-refundable deposit of 50% of the total package price is required to secure your date and time.  Your booking is confirmed once the deposit is received, and you will receive a confirmation email with your event details. The remaining balance is due 7 days prior to the event.  The person signing the contract as Client certifies that he/she has the authority for his/her action on behalf of the organization represented.  All contracts must be signed with the appropriate signature and payment method determined before the event can be held.   The fees quoted in this Photo Booth Rental Contract are for the number of hours and types of services specified in this Photo Booth Rental Contract.  Additional charges may apply for services not specified in this Photo Booth Rental Contract, or additional hours of work at or during the event.  Fine Frame Studios reserves the right to refuse performance of services if any payment required by this contract is not made on time.  Interest on any overdue payment will be charged at 18% per annum, or the highest rate allowed by Connecticut law if less.  Fine Frame Studios will charge Client a fee of $100.00 for any bounced check, and a service fee of 50% of the contract price for any credit card chargeback made by Client or with Client’s authorization after the date of the event, in addition to Fine Frame Studios’ rights to pursue legal and equitable remedies.

Sales Tax:  Sales tax on all payments made to Fine Frame Studios under this Photo Booth Rental Contract must be paid unless (1) a nonprofit organization furnishes an Exempt Organization Certificate in the form required by the applicable state tax authority, and (2) a governmental agency furnishes a purchase order or tax-exempt certification affidavit in the form required by the applicable state or local government.  The validity of any such certificate shall be determined by Fine Frame Studios and its legal counsel in their sole discretion.  Unless an exempt certificate is provided at least ten (10) days before the event date, sales tax will be collected on all items and services described in this Photo Booth Rental Contract.  No one is permitted to claim exemption on the purchase of beer, wine or other alcoholic beverages.

Minimum Guarantee: The minimum guarantee is the minimum number of people for which there will be a charge regardless of the number attending.  This number should be submitted to Fine Frame Studios no less than fifteen (15) days prior to the date of the event, and any changes in guaranteed number must be made no later than five (5) working days before the date of the event.  Any changes to the guaranteed number must be made in writing or by e-mail message whose receipt is confirmed by Fine Frame Studios.  The minimum charge will be 100 percent of final guarantee.  If actual attendance at the Client’s event is greater than the guaranteed number, Fine Frame Studios reserves the right to charge for serving such additional guests at the price per guest quoted in this Photo Booth Rental Contract.  

 

Changes to Contract: Changes in details and conditions for this Photo Booth Rental Contract may be made only with the express written consent of the Managing Member of Fine Frame Studios LLC.  The person signing this Photo Booth Rental Contract on behalf of Client is responsible for payment and cannot assign this Photo Booth Rental Contract or any liability hereunder.  Any changes to this Photo Booth Rental Contract may change the prices and fees quoted herein, and may require a separate agreement between Client and Fine Frame Studios.

 

Short Notice/Cancellation Fee: A $250 service charge will be assessed if an event is booked less than seven business days prior to the event date and/or if there is not an authorized signature/account number on the Photo Booth Rental Contract five days prior to the event.  You undertake that all documents, information and data necessary for Fine Frame Studios to perform its services or otherwise requested by Fine Frame Studios will be made available in timely fashion, and that all items submitted to you for review and approval will be reviewed promptly upon receipt.  In the event of your cancellation of this event more than 30 days prior to the event date, Fine Frame Studios will refund all amounts paid by Client up to the termination date, excluding the non-refundable deposit.  In the event of your cancellation of this event between seven and 30 days prior to the event date, Fine Frame Studios will refund 50% of all amounts paid by Client up to the termination date.  In the event cancellation of any event occurs less than seven (7) days prior to the date of the event, Fine Frame Studios reserves the right to retain all amounts paid by Client up to the termination date and charge Client the full minimum guarantee amount for such event specified in this Photo Booth Rental Contract.  

 

In the event you delay more than one week in responding to Fine Frame Studios’ request for information or reviewing/approving any item submitted to you by Fine Frame Studios, Fine Frame Studios will have the option of terminating this Photo Booth Rental Contract, and invoicing you for the greater of: (1) all work completed up to the date of written notification at the rate of $50 per hour or such other rate as shall be specified in this Photo Booth Rental Contract, plus expenses incurred by Fine Frame Studios; or (2) the total amount of payments received by Fine Frame Studios for this event up to and including the date of termination.  

 

In the unlikely event Fine Frame Studios must cancel due to unforeseen circumstances, you will receive a full refund of all amounts paid up to and including the termination date, including your deposit, in full satisfaction of all obligations and liabilities Fine Frame Studios may have to you under this Photo Booth Rental Contract.

Rescheduling: Client may reschedule the Event or photo booth hours at any time but will be subject to the following additional rescheduling fees: A) rescheduled up to 14 days before event date = no rescheduling fee or B) rescheduled within 14 days of event date = $50 rescheduling fee. New dates are subject to availability and must occur within 6 months of the original event date. 

Indemnity: FINE FRAME STUDIOS ASSUMES NO LIABILITY WHATSOEVER FOR (1) ANY PERSONAL INJURY OR DEATH OR ANY PROPERTY DAMAGE OCCURRING AT OR DURING CLIENT’S EVENT, AND (2) DAMAGED, LOST OR STOLEN ARTICLES OF CLOTHING OR VALUABLES, IN EACH CASE UNLESS DIRECTLY AND EXCLUSIVELY CAUSED BY THE WILLFUL OR CRIMINAL MISCONDUCT OF FINE FRAME STUDIOS, ITS EMPLOYEES AND CONTRACTORS.  Client hereby indemnifies Fine Frame Studios, its principals, employees, agents and contractors, and agrees to hold each of them harmless, from and against any and all loss, claim, damages, liability, cost or expense whatsoever which any of them may incur as a result of the event described in this Photo Booth Rental Contract.

 

Limited Warranty:  Fine Frame Studios will use its commercially reasonable best efforts to perform its services in accordance with generally accepted standards prevailing in the Photo Booth Rental profession.  There can be no assurance, despite Fine Frame Studios’ best efforts, that Client will be satisfied with its event or the performance of Fine Frame Studios, its employees or contractors, and Fine Frame Studios cannot ensure that Client or its guests will achieve any specific results, even if communicated in advance to Fine Frame Studios. THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE

 

Limitation of Liability:  Neither party shall be liable to the other party for any special, indirect, incidental or consequential damages including, with out limitation, damages for lost profits, or costs of procurement of substitute goods or services, arising out of his Photo Booth Rental Contract.  Except as otherwise specifically set forth herein, Fine Frame Studios’ total liability to Client under or in connection to this Photo Booth Rental Contract for Fine Frame Studios’ performance of the Services required hereunder shall not exceed the amounts paid or payable to Fine Frame Studios hereunder; provided however, that the foregoing limitation of liability shall not apply to the gross negligence or willful misconduct of Fine Frame Studios. Any action against Fine Frame Studios arising out of, resulting from, or related to the performance or breach of this Photo Booth Rental Contract shall be filed not later than three (3) months after the cause of action has accrued.

 

Independent Contractor:  Fine Frame Studios agrees to provide the photo booth and other services described in this Agreement as an independent contractor to Client.  Fine Frame Studios shall be responsible for paying all taxes on fees received by Fine Frame Studios hereunder and shall not be entitled to participate in any of Client’s employee benefit programs.

 

Confidential Information:  Each of Client and Fine Frame Studios (the “Receiving Party”) shall hold in trust for the other party hereto (the “Disclosing Party”), shall not disclose to any person, firm or entity other than the Receiving Party’s employees and agents who have a need to know such information in order to perform the Services, and shall not use in any way detrimental to the Disclosing Party, any confidential or proprietary information of the Disclosing Party (“Confidential Information”). Without limiting the generality of the foregoing, “Confidential Information” includes any and all information relating to the Disclosing Party’s products, services, research, development, trade secrets, marketing and business plans, strategies, customers, suppliers, employees, agents, management and personnel, but does not include information in the public domain other than by reason of a breach of this Agreement.  In the event the Receiving Party receives a subpoena or court order to disclose any Confidential Information, the Receiving Party shall deliver prompt written notice to the Disclosing Party and shall co-operate with the Disclosing Party’s attempts to obtain a protective order or other similar protection for the Confidential Information. This provision shall survive any termination of this Agreement for a period of three (3) years.

Use of Client Name in Marketing; Ownership of Photos and Digital Copies: Fine Frame Studios may use Client’s name and likeness on marketing materials. Client’s company name will be added to Fine Frame Studios’ client list on the website and potentially in proposal documents. All photos taken during the event are the property of Fine Frame Studios and may be used for promotional purposes unless the Client opts out in writing.  Guests will receive digital copies during the event, and the Client will receive a full gallery link within 7 business days post-event.

Governing Law: This agreement shall be governed by and construed and interpreted under the laws of the State of Connecticut without reference to conflict of law principles. Any action, claim or proceeding under this agreement must be brought exclusively in the courts of the State of Connecticut located in Hartford County or the United States District Court for the District of Connecticut if it has jurisdiction, and the parties hereby irrevocably waive any objection they may now or hereafter have to the exclusive jurisdiction and venue of such courts.

 

Miscellaneous:  This contract contains the complete Photo Booth Rental Contract concerning the services to be performed by the Fine Frame Studios for Client and supersedes all prior agreements or understandings, written or unwritten.  No waiver or modification of this Photo Booth Rental Contract or of any covenant, condition or limitation herein shall be valid unless presented in writing and signed by both parties.  All covenants contained herein are severable, and in the event of any being held invalid by any competent court, this Photo Booth Rental Contract shall remain intact except for the omission of the invalid covenant. The paragraph and section headings in this Photo Booth Rental Contract are for convenience of reference only.  This contract may be executed simultaneously in two or more identical counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument.  It shall not be necessary that any single counterpart hereto be executed by all parties hereto, so long as at least one counterpart is executed by each party. In the event that any signature is delivered by facsimile transmission or by e-mail delivery of a ".pdf" format data file or an electronic service such as DocuSign.com, such signature shall create a valid and binding obligation of the party executing (or on whose behalf such signature is executed) with the same force and effect as if such facsimile or ".pdf" signature page or digital execution were an original thereof.  By signing this contract, both parties acknowledge that they have read this contract, understood its terms, including the release, have had an opportunity to have legal counsel review this contract, and have voluntarily accepted its provisions.