1 TERMS OF SERVICE
1.1 Service Inclusions. KOOKABOO agrees to provide to the CLIENT and the CLIENT agrees to the terms and conditions from
KOOKABOO the following service: PhotoBooth delivery/ setup/ disassembly, unlimited 4”x6” Prints on agreed service hours in line with the service package selected by CLIENT as follows:
1.2 PhotoBooth Setup. Delivery, assembly and accessibility of the PhotoBooth shall be 60 minutes before the event’s scheduled
commencement assuming that there are no transportation obstacles (absence of elevator for non- ground floor event venues, etc.)
and venue technical/logistical/administrative limitations that will impede or make delivery and setup of the PhotoBooth unachievable.
1.3 PhotoBooth Area Allocations. CLIENT will provide a covered area not smaller than 2 x 3 meters and standard electrical outlet(s) for each Photo Booth operation. Please note that we do not allow our photobooth to be set up or operated on any dance floor or dance floor type.
1.4 Venue Permit for PhotoBooth. CLIENT is solely responsible for all aspects concerning obtaining all legal and event/venuerelated permits to enable KOOKABOO to set up its booth and render its services unobstructed at the venue during the event.
1.5 Payment. A $100 Security Deposit or Full payment (due upon signing or clicking the “Agree” button) of this Agreement and thru bank deposit. The Security Deposit is non-refundable, but is transferable with KOOKABOO having full discretion of acceptance of a new date dependent on Photo Booth availability and execution of a new Agreement. Balance is due 1 month before the day of the contracted event. KOOKABOO will impose 20% annual interest rate, accrued daily and added to the final balance if not paid at the conclusion of the event.
1.6 Technical Disruption. KOOKABOO takes the utmost care with respect to equipment reliability, exposure, development, storage and delivery of photographs and will make every reasonable effort to satisfy the client. If by chance the PhotoBooth experiences technical difficulties and is unable to function for a few minutes during the contracted time, the amount of down time will be added to the end of the contracted time period to insure the client receives the full benefit of their contracted time. If by unforeseen circumstances the PhotoBooth experiences technical difficulties by its own fault and is unable to continue its normal operation, the client will receive their choice of a credit for the unused time (to be used on and applied to a future event based on availability) or a pro-rated refund for the unused time. However, if the PhotoBooth experiences service interruption or disruption due to external factors beyond its control and responsibility such as event/venue technical faults, event/venue administrative/logistical discrepancies or limitations, domestic disturbances and the like; KOOKABOO shall not be liable for the delay or termination of PhotoBooth services and shall not entitle CLIENT to any form and amount of refund or reschedule/postponement of delivery of KOOKABOO PhotoBooth services.
In the event of failure for any reason to comply with the terms of this Agreement, the liability of KOOKABOO is limited to refund of monies paid in accordance with the contracted amount. All Parties to this contract hereby agree that said refund shall terminate any further liability to this agreement and that the amount of liability cannot exceed the amount of this Agreement.
1.7 Online Display of Photographs. CLIENT hereby grants to KOOKABOO a non-exclusive, non- transferable, royalty free license to use and display the photographs (obtained during the course of rendering KOOKABOO PhotoBooth services to CLIENT) on KOOKABOO’ Website (www.KOOKABOO.com) and marketing materials as visual representations to aid in properly describing the PhotoBooth Services offered to customers. Copyrights and other intellectual property rights associated with photographs taken and posted by KOOKABOO shall remain under the ownership of KOOKABOO.
1.8 Failure to Render Services. Should KOOKABOO fail to provide a fully operational PhotoBooth during the agreed times/event schedule, the client’s only remedy shall be a full refund of all money paid. All Parties to this Agreement hereby agree that said refund shall terminate any further liability to this agreement and that the amount of liability cannot exceed the amount of this Agreement.
1.9 Insurance. KOOKABOO, will not be liable for any injury, loss, or damage that may arise during the CLIENT’s event and within the event premises. CLIENT agrees to use its insurance coverage for any liability or claims for injury, loss and damage that may arise or result from the event. CLIENT agrees to indemnify KOOKABOO for any liability or claims for injury, loss and damage that may occur within the event premises during the CLIENT’s event.
1.10 No Liability. In the event of termination of this Agreement by either Party, KOOKABOO shall not be liable to the CLIENT, because of such termination, for compensation, reimbursement or damages on account of the loss of prospective profits or anticipated sales or on account of expenditures, inventory, investments, leases or commitments in connection with the business or goodwill of CLIENT. KOOKABOO is not responsible for any consequential damages or lost opportunities upon breach of this Agreement.
1.11 Force Majeure. Neither Party shall be liable to the other for delays or failures in performance resulting from causes beyond the reasonable control of that Party, including acts of God; acts of government or its agencies, including laws, regulations, and judicial action; strikes or other labor disputes or disturbances; power disruptions; riots or civil disturbances; acts of war; or communication, utility or transportation failures, or failure of supply. The obligation of the Party unable to perform, as set forth in this Section 2.7 (“Delayed Party”) shall be suspended, and non-performance shall be excused, during such force majeure event, subject to the Delayed Party’s compliance with the following. The Delayed Party shall give the other Party written notice
of its inability to perform and a description, in reasonable detail, of the cause of the inability and will use diligent efforts to remedy the situation and remove, so far as is commercially reasonable and as soon as practicable, the cause of such inability. In the event that the Delayed Party is unable to remove the force majeure event, and resume performance in accordance with the other terms of this Agreement, within thirty (30) days of the occurrence of the event, each Party shall have the right to terminate this Agreement by providing written notice of termination to the other.
1.12 Entire Agreement. This Agreement is the entire agreement and understanding between the Parties. All other agreements, whether oral or written, are hereby stated herein. No amendment or modification of any provision of this Agreement shall be effective unless in writing signed by both Parties.
0204 0990 819
32 Tarawera Terrace St Heliers – Auckland – 1071
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