Terms & Conditions
for
Studio Sheikh Photo Booth Rental
This Contract for Services (the “Contract”) is made effective as of _____________ (the “Effective Date”), by and between Studio Sheikh (the “Client”) _________________________________________, therefore, for and in consideration of the mutual promises and agreements contained herein, Client hires Studio Sheikh and Studio Sheikh agrees to provide entertainment services to Client under the terms and conditions hereby agreed upon by the parties:
1.0 DESCRIPTION OF SERVICES.
Client hereby agrees to engage Studio Sheikh to provide Client with Digital Booth Service (collectively, the “Services”) to be performed at the following event with the following specifications:
2.0 TERMS.
Client and Studio Sheikh agree that this Contract between the Parties is for Services that shall commence on the above date and complete on ___________________________. The Contract may be extended and/or renewed by agreement of all the Parties in writing thereafter.
3.0 PAYMENT.
Client agrees to pay Studio Sheikh, in consideration of the Services contracted for, the sum of $399.00, with a non-refundable retainer fee due within 5 days of signing this Contract and the remaining balance shall be paid in full 28 days prior to the event, plus all applicable taxes. Payment shall be made to Studio Sheikh Photo booth Rental. If Client are booking Client’s event within 28 days of the event date, full payment will be due at the time of booking and is non-refundable except under the circumstances set forth below in the Cancelations section.
Studio Sheikh Photo booth Rental reserves the equipment, time and date for Client’s event once Client signs this Agreement and pays the initial retainer. Any Services requested that exceed the contracted time period and which are granted by Studio Sheikh will be charged at the going rate per hour.
4.0 MODIFICATIONS.
If Client changes the date of the event, Client will immediately notify Studio Sheikh in writing (email suffices). Studio Sheikh will make best efforts to accommodate Client and provide its services on the changed date within the same calendar year. If Studio Sheikh is not available on the new event date, or if the rescheduled date is for a new calendar year, Studio Sheikh shall be entitled to keep the retainer and neither party shall have any further liability or obligation under this Agreement. If Client reschedules the event and the new event date is more than six months in the future, the Service Fee will be adjusted to reflect changes in pricing, if any. All date modifications will be subject to a fair rescheduling fee as determined by Studio Sheikh.
5.0 CANCELLATION POLICY.
All cancellations must be made by contacting Studio Sheikh and must be in writing. Once Client’s event has been cancelled, Client’s event date will immediately be available for other bookings. Should the Client cancel and there are no legally binding reasons to restrict the event from taking place, all monies received will remain on file as a credit for 1 year. (Situations not recognized as legally binding reasons include, but are not limited to, mandatory mask orders, mandatory social distancing orders or reduced attendance orders.) In addition, Client will owe any outstanding payments under the following schedule:
Should the Client cancel due to a city/state/national “shut down” or “stay at home” order, or mandatory closure of event venues, and the event cannot legally take place, a refund will be issued for any payments received, less the retainer. The retainer will remain on file as a credit and credit may be transferred to another event, service or person/Client. Any additional monies or payments owed will be waived in this scenario.
6.0 LATE PAYMENT.
In the event payments are not received by Studio Sheikh within 5 calendar days after becoming due, Company may:
Event.
7.0 HIRED PERIOD SPECIFICATIONS.
It is Client’s responsibility to inform us of any circumstances that may make setting up take longer, these may include but are not exhaustive to; going upstairs, a long distance from unloading area to set-up area, restricted access. If we are not aware of these and the set-up takes longer than normal Client’s hire period may be intruded into.
If a Client’s event simply starts late or runs late, our period of hire will still be for the agreed period and times unless we agree to provide additional hours as per our additions.
**Downtime. Studio Sheikh takes the utmost care regarding equipment function, photo quality, and printing. However, due to the nature of technology, some downtime may occur. Studio Sheikh guarantees its equipment to be operational at least 80% of the scheduled rental time, and will refund a prorated amount of the rental price for any downtime beyond this caused by equipment malfunction. This is not to include equipment malfunction resulting from abuse of the photo booth equipment by guests. **
If a service time is longer than 8 hours, then **downtime** must be provided for local, state, and federally required breaks.
In any instances where Company may have a need to terminate the hire, Company will attempt to speak with the Client or the hosting venue first, if possible to try to resolve the matter before termination. Client will be fully responsible for any damages caused by Client or any other attendees at the event to the booth or booth equipment however caused, with the sole exclusion of Studio Sheikh Staff. In the event of any damages caused by those present to property or equipment in use by Studio Sheikh, Client will be charged the full replacement cost and are liable to cost involved in termination of future events due to sourcing replacements.
Any damages must be reported to a member of Studio Sheikh Staff immediately upon discovery.
8.0 LIMITATIONS OF LIABILITY.
Company shall not accept liability under any circumstances for:
If, for whatever reason including injury, illness, acts of God, Studio Sheikh’s attendants or specialized staff are unable to attend the event, Studio Sheikh will make best efforts to find a substitute attendant for the event. If a substitute attendant cannot be found, Studio Sheikh will promptly reimburse Client any and all Service Fee and deposit amounts Client previously paid to Studio Sheikh and neither party will have any further obligations or additional liability under this Agreement
9.0 INDEMNIFICATION.
Client agrees to indemnify and hold Studio Sheikh 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 such party as a result of a third party’s act and/or omission and not as a result of such party’s 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 Studio Sheikh.
10.0 FORCE MAJEURE.
If Company cannot perform or believes it may not be able to perform this Agreement in whole or in part due to a fire, natural disaster, act of war or terrorism (domestic or foreign), epidemic or pandemic (including COVID-19), action of any governmental authority (including a Government Order), national or regional emergency, other casualty, act of God, or other cause beyond the control of the parties or due to Company’s illness or injury, whether or not foreseeable (“Force Majeure Event”), then Company will give notice to the Client as soon as reasonably practicable after Company determines that a Force Majeure Event will or may prevent Company from performing under this Agreement. Company shall have no obligation to perform under this Agreement and no liability for delays or failures to perform due to a Force Majeure Event, but Company may, in Company’s discretion, work with the Client to find an alternative date for the Event that is suitable to both Client and Company. To the extent the Parties cannot agree on a suitable replacement date consistent with Company’s availability, Company may also, in its sole discretion, refund fees paid to Photographer under the Agreement, less any amounts necessary to cover expenses and work (based on time spent by Company) already performed by Company related to the Event, including, but not limited to, pre-wedding communications, development of timelines, and preparation of gear for the Event (the “Refund Amount”). In the case of a Force Majeure Event, Company shall have no additional liability to Client with respect to this Agreement beyond that described in this Section and below.
11.0 VENUE EXCLUSION & ACCESS.
Client shall be obligated to obtain any and all necessary authorization from the property owner/representative of any location(s) where Studio Sheikh will be providing its services under this Agreement. The Client is responsible for confirming that the event venue or location allows the services being provided, listed under Description of Services. If the event venue or location will not allow the listed services, and Studio Sheikh is informed of this more than 72 hours in advance of the event, Studio Sheikh shall be entitled to keep the retainer and neither party shall have any further liability or obligation under this Agreement. If the event venue or location will not allow the listed services, and Studio Sheikh is notified less than 72 hours in advance of the event or arrives on the day of the event to find that the services are not approved by the venue, then the Client will receive no refund or partial refund. The Company may be limited by the rules and restrictions of the Event venue. Client understands and agrees that Company will abide by such rules and restrictions and that they are outside the control of Company. Negotiation with the venue with respect to modifying the rules and restrictions is the sole responsibility of the Client or Client’s representative, such as a wedding planner or event coordinator. Client agrees to hold the Company harmless for the impact such rules and restrictions may have on the performance of the
Services.
It is the Client’s responsibility to ensure the proper venues contact information, address, name, and postcode for our attendants has been provided. We also require that the venue allows reasonable access for loading, and suitable parking once the booth and equipment has been unloaded. If parking for loading is restricted Client will be liable for any fines that occur as a result and or time used seeking a suitable location. We cannot be held responsible for any errors or delays resulting from incorrect or missing address details.
The information provided by the client in regards to event location, rental time, etc. at the time of the booking is the final information Studio Sheikh will reference when servicing the event. If any changes need to be made, it is the client’s responsibility to notify Studio Sheikh in writing of such changes. Studio Sheikh is not responsible for any information that is inaccurately provided by the Client.
12.0 HARASSMENT DURING PERFORMANCE.
If at any point during the event Studio Sheikh’s attendant feels physically unsafe or is sexually harassed by an event guest or guests, preventing attendant from safely completing performance, then Studio Sheikh’s attendant can immediately end the services and leave. If a guest or guests are rude, the attendant will notify the Client or Client’s representative and if the rude behavior doesn’t stop then Studio Sheikh’s attendant will end the services and leave. Studio Sheikh will provide the products described above using the footage or images obtained before the incident and Client will receive no refund or partial refund; at Company’s sole discretion.
13.0 VENDOR EXCLUSIVITY.
Client agrees that Studio Sheikh is the exclusive provider of our specific services. No additional professional photo, video booths, DJ, Casino company, or photographer can work at the event providing the same services as contracted in this agreement without the prior written consent of Studio Sheikh.
14.0 INTELLECTUAL PROPERTY
Client agrees that Studio Sheikh will retain the ownership of all pictures and can provide a Cloud Accessible link for the client to download pictures and videos. Studio Sheikh may use these pictures and videos on their official Social Media Cannels for promotion. Agreement. Studio Sheikh may use any and all products for purposes of advertising, display, stock, use in contests, or for any other reasonable purpose without notification of, release by, or compensation to Client.
15.0 INSURANCE.
Studio Sheikh agrees that business will keep the set-up area under his/her direct control safe and will maintain a general liability insurance policy. Any additionally required insurance by the state, local ordinance, or venue will be the responsibility of the client.
16.0 DEFAULT.
The occurrence of any of the following shall constitute a material default under this Contract:
17.0 REMEDIES.
Unless otherwise stated in this agreement and in addition to any and all other rights a party may have available according to law, if a party defaults by failing to substantially perform any provision, term or condition of this Contract (including without limitation the failure to make a monetary payment when due), the other party may terminate the Contract by providing written notice to the defaulting party. This notice shall describe with sufficient detail the nature of the default. The party receiving such notice shall have 5 days from the effective date of such notice to cure the default(s). Unless waived by a party providing notice, the failure to cure the default(s) within such a time period shall result in the automatic termination of this Contract.
18.0 DISPUTE RESOLUTION.
Both parties agree to handle any dispute arising from this contract by submitting said dispute to mediation in accordance with any statutory rules of medication in the State of New Jersey. If mediation does not successfully resolve the dispute, the parties may proceed to seek an alternative form of resolution in accordance with any other rights and remedies afforded to them by law.
19.0 ENTIRE AGREEMENT.
This Contract contains the entire agreement of the parties, and there are no other promises or conditions in any other agreement whether oral or written concerning the subject matter of this Contract. This Contract supersedes any prior written or oral agreements between the parties. (This includes attached service term addendums).
20.0 SEVERABILITY.
If any provision of this Contract will be held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If a court finds that any provision of this Contract is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be deemed to be written, construed and enforced as so limited.
21.0 GOVERNING LAW.
This Contract shall be construed in accordance with the laws of the State of New Jersey.
22.0 NOTICE.
All notices and other communications hereunder (each, a “Notice”) shall be in writing and addressed to the parties at the addresses set forth in the Order Confirmation or to such other address that may be designated by the receiving party in writing. All Notices shall be delivered by email, personal delivery, nationally recognized overnight courier, or certified or registered mail. Except as otherwise provided in this Agreement, a Notice is effective only (a) upon receipt of the receiving party, and (b) if the party giving the Notice has complied with the requirements of this Section.
23.0 WAIVER OF CONTRACTUAL RIGHT.
The failure of either party to enforce any provision of this Contract shall not be construed as a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of this Contract.
24.0 SURVIVAL.
Provisions of these Terms, which by their nature should apply beyond their terms, will remain in force after any termination or expiration of this Agreement.
24.0 SIGNATORIES
This Agreement shall be signed on behalf of Client by and effective as of the date first above written.
Client Studio Sheikh
________________________ ________________________