TERMS OF SERVICE
SERVICE AGREEMENT
This Service Agreement (the “Agreement”) is made and entered into as of {{current_date_us}} (the “Effective Date”), by and between {{client_name}}, of {{client_address}} (the “Client”), and Epic Moments & Co., of {{business_address}} (the “Company”) (collectively referred to as the “Parties”).
In consideration of the mutual covenants, promises, and obligations set forth herein, the Parties hereby agree as follows:
1.0 DESCRIPTION OF SERVICES
The Client hereby retains Epic Moments & Co. to provide the services described herein (the “Services”), which shall be performed at the event described below, in accordance with the terms and conditions of this Agreement.
Event Name/Location:
{{venue_name}}
{{venue_address}}
{{venue_postcode}}Date and Time of Service(s):
Event Date: {{event_date_us}}
Service Start Time: {{event_start_time}}Name of Service:
{{service_name}}Name of Package:
{{package_name}}Package Inclusions:
{{included_extras}}Additional Services/Extras:
{{extras}}
2.0 TERM
The Parties agree that this Agreement shall commence on the Effective Date and shall continue in full force and effect through the completion of the Services, which shall occur on {{event_date}} at {{event_end_time}}. This Agreement may be extended, renewed, or modified only by mutual written consent of both Parties.
3.0 PAYMENT
The Client agrees to compensate Epic Moments & Co. ("the Company") for the Services provided under this Agreement in the total sum of {{total_balance}} {{total_balance_overridden}}, inclusive of all applicable taxes. A non-refundable retainer fee, as detailed below, is due within five (5) days of the execution of this Agreement. The remaining balance of the total service fee is due no later than twenty-eight (28) days prior to the event date. Should the Client book the event within twenty-eight (28) days of the scheduled event, full payment is required at the time of booking and is non-refundable, except under the specific conditions outlined in the Cancellation section.
Upon execution of this Agreement and payment of the initial retainer, the Company reserves the necessary equipment, time, and date for the Client’s event. Any request by the Client for additional services or time beyond the contracted period, as approved by the Company, will be subject to an additional charge at the prevailing hourly rate.
3.1 Service Fee Summary
The total Service Fee due from the Client is {{total_balance}} {{total_balance_overridden}}. This Service Fee covers only the items specified in the Description of Services section of this Agreement. The Service Fee includes any applicable sales tax imposed by local, state, or city authorities. All payments made under this Agreement are non-transferable, non-assignable, and non-refundable, except as explicitly stated herein. Once this Agreement is executed, the Client is not entitled to any reductions in the Services, but any additional services requested and confirmed in writing (email suffices) after the execution of this Agreement will be charged accordingly, without the need for a new contract.
3.2 Returned Checks & Defaulted Accounts
In the event that the Client fails to make any payments as specified in this Agreement, the Client shall be liable for any costs incurred by the Company in collecting delinquent accounts, including, but not limited to, solicitor’s fees and court costs. If the Client defaults on payment, the Company reserves the right to immediately terminate this Agreement, retain the non-refundable, non-transferable retainer fee, and cease providing services for the Client’s event, with no further obligation to the Client.
3.3 Initial Payment/Retainer, Fees, and Cancellation Charges
To secure the Client’s booking, an initial retainer payment of $200 is required for Photobooth services, unless otherwise agreed upon or specified during a special promotion. This initial retainer may be paid via the Company’s online booking system, or the event date may be reserved for five (5) days by phone or text, during which time payment must be made via credit card or bank transfer. The retainer is non-refundable and is in consideration for the work the Company performs in advance of the event, as well as the opportunity cost of booking the Client’s event date.
3.4 Regional Travel Fee
For events located within a 20 km radius of the Company’s offices, no travel fee will be assessed. However, should the event location exceed 20 km from the Company’s offices, the Client shall be responsible for a travel fee of $1.50 per kilometer, calculated on a round-trip basis, per attendant, beyond the 20 km radius from the Company’s offices located at {{business_address}} {{business_postcode}}.
3.5 Long Distance Travel
For events requiring travel beyond the region specified above, the Client is responsible for all additional travel expenses incurred by the Company. These expenses may include, but are not limited to, airline tickets, hotel accommodations, car rental, and other related travel expenses, as well as a per diem of $50 per day for meals and incidentals. The Client agrees to reimburse the Company for these travel expenses within ten (10) days following receipt of the Company’s invoice for such expenses.
3.6 Parking Fee
The Client shall be responsible for any parking fees incurred by the Company’s staff in connection with the event. These fees are intended to cover parking costs and to facilitate timely arrival and adequate time for setup. The Client agrees to provide suitable parking for the Company’s vehicle(s) in close proximity to the event venue. Additionally, the Client shall provide any necessary parking permits or passes required for the Company’s staff to park on-site prior to the event date.
4.0 MODIFICATIONS
4.1 Postponements/Date Change
In the event that the Client needs to postpone the event, Epic Moments & Co. (the “Company”) shall retain all funds paid up to that point until a new date is mutually agreed upon by both Parties. Once a new date is established, the Company shall update this Agreement to reflect the rescheduled date, and all funds previously received will be applied to the rescheduled event.
Should the Client elect to change the date of the event, the Client is required to promptly notify the Company in writing (email is deemed sufficient). The Company will make reasonable efforts to accommodate the Client and provide its services on the new date, provided that the new date falls within the same calendar year. If the Company is not available on the rescheduled date, or if the rescheduled date falls in the following calendar year, the Company shall be entitled to retain the retainer fee, and neither Party shall have any further obligations or liabilities under this Agreement.
If the Client reschedules the event to a date more than six (6) months in the future, the Service Fee may be subject to adjustment to reflect any changes in pricing, if applicable. Any date modifications will be subject to a rescheduling fee, the amount of which will be determined by the Company in its sole discretion.
4.2 Additional Time
Should the Client request additional time beyond the contracted hours, both the Client and the Company, along with the facility (if applicable), must mutually agree to the extension of time. The Client agrees to pay the Company an additional fee of $100.00 for each extra hour, payable immediately by cash or credit card, in order for the additional time to commence.
5.0 CANCELLATION POLICY
All cancellations must be submitted in writing to Epic Moments & Co. (the "Company"). Upon cancellation by the Client, the event date will immediately be made available for other bookings. In the event of a cancellation, and provided there are no legally binding reasons preventing the event from taking place, all monies received by the Company shall be held as a credit on file for a period of one (1) year. Situations not considered legally binding reasons include, but are not limited to, mandatory mask mandates, mandatory social distancing orders, or limitations on event attendance.
Additionally, the Client acknowledges and agrees to the following payment obligations, depending on the timing of the cancellation:
Cancellation 180 days or more before the event:
The initial retainer fee is non-refundable. Any other payments made, excluding transaction fees, will be refunded, unless special order items have been purchased.Cancellation between 179 and 60 days before the event:
The initial retainer fee is non-refundable. Any amounts paid beyond the retainer fee will be refunded up to fifty percent (50%) of the total event fee. The remaining fifty percent (50%) of the total booking fee will be due and payable, unless already paid.Cancellation within 59 days of the event:
No refunds will be issued, and the full amount of the booking fee is due. The only exception to this policy is if the cancellation is due to death or military deployment, provided a verifiable death certificate or military deployment papers are presented. In such cases, all amounts paid, excluding the retainer fee and transaction fees, will be refunded. If military deployment is the cause for cancellation, the total amount paid, excluding the retainer and transaction fees, may be applied as a credit to a future event, subject to the availability of the new date.
In the event that the Client must cancel due to a city, state, or national "lockdown," "stay-at-home" order, or a mandatory closure of event venues, and the event cannot legally take place as a result, the Company will issue a refund for all payments received, less the non-refundable retainer fee. The retainer fee will remain on file as a credit, and such credit may be transferred to another event, service, or Client. Any additional payments owed by the Client will be waived under these circumstances.
6.0 LATE PAYMENT
In the event that any payments due under this Agreement are not received by Epic Moments & Co. (the "Company") within five (5) calendar days of the due date, the Company may, at its sole discretion, take the following actions:
Impose a late fee of $100.00;
Impose a late fee of $250.00 if the payment remains outstanding for more than ten (10) calendar days; or
Suspend performance of all Services under this Agreement, with no obligation on the Company’s part to secure replacement services for the Client’s event.
The imposition of these late fees and/or suspension of services shall not relieve the Client of their obligation to make full payment for the Services rendered.
7.0 HIRED PERIOD SPECIFICATIONS
7.1 Set-up of Services
The hire period for the Services shall be for a fixed duration, as specified in the booking form and agreed upon by both Parties. This period includes a setup time of 60 to 90 minutes and a pack-down time of 30 to 60 minutes. The provision of Services shall commence and conclude at the times agreed upon in the booking form, unless otherwise delayed due to technical difficulties on the Company’s part, in which case the Company shall extend the Service period once the issue is rectified. The Company shall arrive to set up approximately 60 to 90 minutes prior to the agreed commencement of the hire period. Should the Client request an earlier setup time, an idle time charge will apply.
It is the Client's responsibility to ensure that the venue allows the Company to enter and perform the Services at the agreed time. Additionally, the Client shall ensure that a suitable space is provided for the photobooth at the venue. The space must be level, solid, and at least 1.8 meters by 2.7 meters. The Client shall also ensure that access to the setup area is unimpeded. If the photobooth is placed in an exterior location, the Client must ensure that it is adequately protected from weather conditions.
The Client is responsible for providing power to the photobooth, specifically a 220V, 10-amp, 3-prong outlet. The Client must inform the Company of any circumstances that may cause delays in setup, such as the need to move equipment upstairs, long distances from the unloading area to the setup area, or restricted access. If such circumstances are not disclosed and the setup takes longer than anticipated, the Client's hire period may be affected.
In the event that the Client's event starts or runs late, the hire period shall remain as agreed unless additional hours are agreed upon by both Parties, as outlined in the Additions section of this Agreement.
7.2 Downtime
Epic Moments & Co. takes the utmost care to ensure the functionality of its equipment, the quality of photos, and the printing process. However, due to the nature of technology, some downtime may occur. The Company guarantees that its equipment will be operational for at least 80% of the scheduled rental time. If the downtime exceeds this percentage due to equipment malfunction, the Company will issue a prorated refund based on the duration of the downtime. This guarantee does not apply to equipment malfunction caused by misuse or abuse of the photobooth equipment by guests.
If the service time exceeds eight (8) hours, necessary downtime will be provided to comply with local and national regulations regarding breaks.
7.3 Termination of Hire for Damages
Epic Moments & Co. reserves the right to terminate the hire period if it determines, at its sole discretion, that any equipment or property belonging to the Company is at risk of being damaged or has been damaged due to unruly behavior from the Client or their guests. The Company also reserves the right to refuse participation in the Services to any guest whose behavior is deemed inappropriate.
In instances where the Company deems it necessary to terminate the hire, the Company will make reasonable efforts to communicate with the Client or the hosting venue in an attempt to resolve the issue before termination. The Client will be fully responsible for any damages caused by the Client or any other individuals present at the event to the photobooth or associated equipment, except for any damages caused by the Company's staff. In the event of any such damages, the Client will be charged the full replacement cost of the damaged items and will be liable for any costs incurred due to the termination of future events while the Company seeks to source replacements.
All damages must be reported immediately to a member of Epic Moments & Co. staff upon discovery.
7.4 Print-out Design
The Company shall design a print-out based on materials provided by the Client, including logos, fonts, monograms, and any other relevant ideas. A draft of the design will be provided to the Client, along with one revision. Any additional revisions requested by the Client will be billed at the rate of $300 per hour.
8.0 LIMITATIONS OF LIABILITY
8.1 Entire Liability and Uniqueness of the Event
The entire liability of Epic Moments & Co. (the "Company") to the Client for any claims, damages, reimbursement, or losses arising from or related to the Company’s performance under this Agreement shall be strictly limited to a refund of the Service Fee. The Client acknowledges and agrees that, due to the unique nature of each event, the Company cannot guarantee the delivery of any specific product(s) requested by the Client. The Client further understands and agrees that an entire event cannot be replicated, reenacted, or repeated for the purpose of a reshoot. The Company shall have no obligation under this Agreement to do so.
8.2 Explicit Liabilities
Under no circumstances shall the Company be liable for:
Loss of or damage to property belonging to the Client or any other individuals associated with the event, including but not limited to, watches, jewelry, cameras, or clothing;
Personal injury or death of any participant, however caused, unless such injury or death is directly attributed to the proven negligence of the Company;
Emotional distress, mental anguish, punitive damages, consequential damages, lost profits, loss of enjoyment, lost revenues, or any costs incurred in replacing lost or damaged property.
8.3 Attendant’s Illness or Injury / Acts of God
In the event that the Company’s attendants or specialized staff are unable to attend the event due to illness, injury, acts of God, or any other reason beyond the Company’s control, the Company will make best efforts to secure a substitute attendant. If a substitute cannot be found, the Company shall promptly refund the Client all amounts previously paid, including the Service Fee and any deposit. In such an event, neither Party shall have any further obligations or liabilities under this Agreement, and neither Party shall be entitled to claim any damages, compensation, or restitution from the other.
9.0 INDEMNIFICATION
The Client agrees to indemnify, defend, and hold Epic Moments & Co. (the "Company") harmless from and against any and all claims, demands, actions, damages, liabilities, and expenses of every kind and nature, including but not limited to reasonable attorney’s fees and other costs and expenses incurred, that may arise as a result of or in connection with the actions or omissions of any third party, and not as a result of any act or omission of the Company. This indemnification obligation includes, but is not limited to, the following occurrences:
Damage to photographic materials during processing;
Loss of photographic materials due to camera malfunction;
Loss of photographic materials during shipping or mailing;
Theft of photographic materials while outside the control of the Company.
The Client further agrees to take responsibility for any claims arising from the aforementioned occurrences and to reimburse the Company for any costs and expenses incurred in defending such claims.
10.0 FORCE MAJEURE
In the event that Epic Moments & Co. (the "Company") is unable to perform, or believes it may be unable to perform, this Agreement in whole or in part due to circumstances beyond its reasonable control, including but not limited to: 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, casualty, act of God, or other unforeseeable event, or due to the illness or injury of the Company or its personnel (each, a “Force Majeure Event”), the Company shall notify the Client as soon as reasonably practicable after the Company determines that a Force Majeure Event will or may prevent it from performing its obligations under this Agreement.
The Company shall have no obligation to perform under this Agreement and shall not be liable for any delays or failures to perform due to a Force Majeure Event. However, the Company may, at its sole discretion, work with the Client to find an alternative date for the Event that is mutually agreeable to both the Client and the Company.
In the event that the Parties are unable to agree on a suitable replacement date, consistent with the Company’s availability, the Company may, at its sole discretion, provide a refund of any fees paid under this Agreement, less any amounts necessary to cover expenses already incurred and work already performed by the Company, including but not limited to pre-event communications, timeline development, and preparation of equipment for the Event (the "Refund Amount").
In the case of a Force Majeure Event, the Company shall have no further liability to the Client under this Agreement beyond the Refund Amount as described in this Section.
11.0 VENUE EXCLUSION & ACCESS
The Client is responsible for obtaining all necessary authorization from the property owner or their representative for any location(s) where Epic Moments & Co. (the "Company") will be providing its services under this Agreement. The Client must confirm that the event venue or location permits the services specified in the "Description of Services" section of this Agreement. If the event venue or location does not allow the listed services, and the Company is notified more than 72 hours before the event, the Company shall be entitled to retain the retainer fee, and neither Party shall have any further obligations or liabilities under this Agreement. However, if the Client fails to notify the Company less than 72 hours prior to the event, or if the Company arrives on the event day and discovers that the venue will not permit the services, the Client shall receive no refund or partial refund.
The Company may be subject to the rules and restrictions imposed by the event venue. The Client understands and agrees that the Company shall comply with these rules and restrictions, which are beyond the Company’s control. Negotiating with the venue regarding the modification of these rules or restrictions is the sole responsibility of the Client or the Client's representative (e.g., a wedding planner or event coordinator). The Client agrees to hold the Company harmless for any impact these venue rules and restrictions may have on the performance of the Services.
The Client is also responsible for providing the correct venue contact information, including the venue name, address, and postcode, to the Company to ensure that the Company’s attendants can access the venue without issue. Additionally, the Client must ensure that the venue allows reasonable access for loading and provides suitable parking for the booth and equipment once unloaded. In the event that parking is restricted or unavailable for loading, the Client shall be liable for any fines incurred, as well as any additional time spent searching for an appropriate parking location.
The information provided by the Client regarding the event location, rental time, and other details at the time of booking will be used as the final reference for the Company’s service of the event. Any changes to such information must be communicated to the Company in writing. The Company shall not be held responsible for any errors or delays arising from inaccurate or missing information provided by the Client.
Furthermore, the Client is responsible for arranging access to the event space and providing any necessary tickets, badges, or other items required for entry, at their own expense. The Client must also provide an appropriate space for the photo booth at the venue, with the minimum required dimensions being 3 meters deep, 3 meters wide, and 2 meters high. The Client is also responsible for ensuring that sufficient power is available for the photo booth and associated lighting. If the photo booth is to be set up outdoors, the Client must provide complete overhead coverage for the booth and backdrop for the duration of the event.
12.0 HARASSMENT DURING PERFORMANCE
In the event that any attendant of Epic Moments & Co. (the "Company") feels physically unsafe or is subjected to sexual harassment by an event guest or guests during the performance of services, such that it prevents the attendant from safely continuing their duties, the Company’s attendant reserves the right to immediately cease services and leave the event.
In the case of inappropriate or rude behavior from any guest or guests, the attendant will notify the Client or the Client’s representative. Should the inappropriate behavior persist despite this warning, the Company’s attendant shall have the right to terminate the services and depart the event.
In such instances, the Company will provide the products described in this Agreement using the footage or images captured prior to the incident. The Client shall not be entitled to any refund or partial refund for the services provided, and any such decision will be made at the sole discretion of the Company.
13.0 VENDOR EXCLUSIVITY
The Client agrees that Epic Moments & Co. (the "Company") shall be the exclusive provider of the specific services contracted under this Agreement. The Client further agrees that no additional professional photographers, photo booths, or videographers shall be permitted to provide services identical to those outlined in this Agreement at the event without the prior written consent of the Company.
14.0 INTELLECTUAL PROPERTY
14.1 Copyright
All products created by Epic Moments & Co. (the "Company") are protected by copyright law. It is a violation of copyright law to copy, scan, reproduce, duplicate, digitally reproduce, alter, or otherwise modify any products created by the Company, either digitally or physically, without the express written consent of the Company. The Client agrees to purchase any additional products or rights not included in the Description of Services under a separate agreement with the Company. The Company retains the right to use any and all products created for the purpose of advertising, display, stock, contests, or any other reasonable purpose, without the requirement of notifying or compensating the Client.
14.2 Digital Files
Clients who purchase digital files are permitted to make duplicates and use the products for personal use only. Any other use of the digital files is strictly prohibited and requires the prior written consent of the Company. The Client acknowledges that digital files are subject to natural degradation and potential data corruption over time, and it is the Client’s sole responsibility to back up such files to prevent data loss. As a courtesy, the Company will store digital files for one (1) year following the event date, after which they will be archived off-site. Retrieval of digital files (if available) beyond two (2) years from the event date will incur a $100 retrieval fee.
14.3 Pricing
The pricing for prints, albums, and other products or services is subject to change without notice for any items purchased more than six (6) months after the signing of this Agreement. Any products included in this Agreement that are not redeemed within six (6) months from the delivery of the images will be considered void.
14.4 Product Delivery
The Company strives to deliver digital files within two (2) weeks following the Client’s event. However, during periods of high business volume, the Company guarantees delivery of digital files no later than four (4) weeks after the event date.
15.0 INTERNET ACCESS
If applicable, the Company’s photo booth requires reliable internet access in order to transmit images and videos instantaneously. In the event that internet access is unavailable, files will be queued and transmitted once a connection is restored. The Company shall not be held responsible for the reliability or availability of internet access during the event. If internet coverage is unavailable, the Company will ensure that all digital copies are sent to the Client within seven (7) days of the event.
16.0 INSURANCE
Epic Moments & Co. (the "Company") agrees to maintain general liability insurance and ensure that the setup area under its direct control is kept safe. The Client acknowledges that any additional insurance required by state, local ordinances, or the event venue shall be the sole responsibility of the Client.
17.0 DEFAULT
The occurrence of any of the following shall constitute a material default under this Agreement:
The failure of either Party to make a required payment when due;
The insolvency or bankruptcy of either Party;
The subjection of any property of either Party to levy, seizure, general assignment for the benefit of creditors, application or sale for or by any creditor or government agency;
The failure of either Party to make available or deliver the Services in the time and manner specified in this Agreement.
18.0 REMEDIES
Except as otherwise expressly provided in this Agreement, and in addition to any other rights or remedies available to a party under applicable law, if a party defaults by failing to substantially perform any provision, term, or condition of this Agreement (including, without limitation, the failure to make a required monetary payment when due), the non-defaulting party may terminate this Agreement by providing written notice to the defaulting party. Such notice shall detail the nature of the default with sufficient specificity. The defaulting party shall have five (5) days from the effective date of the notice to cure the default(s). Unless the non-defaulting party waives the default in writing, failure to cure the default(s) within the specified time period shall result in the automatic termination of this Agreement.
19.0 DISPUTE RESOLUTION
The parties agree to resolve any dispute arising out of or relating to this Agreement through mediation in accordance with the applicable statutory rules of mediation in the State of New York. If mediation does not successfully resolve the dispute, the parties may then proceed to seek alternative methods of dispute resolution, including but not limited to litigation, in accordance with any other rights and remedies available to them under applicable law.
20.0 ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the parties and supersedes any prior written or oral agreements, representations, warranties, or understandings between the parties with respect to the subject matter of this Agreement. No other promises, conditions, or agreements, whether oral or written, shall be binding on the parties. This Agreement includes any attached service term addendums, which are incorporated by reference herein.
21.0 SEVERABILITY
If any provision of this Agreement is determined to be invalid or unenforceable for any reason, the remaining provisions shall continue in full force and effect. In the event that a court finds any provision to be invalid or unenforceable, but determines that limiting such provision would render it valid and enforceable, then such provision shall be deemed amended to the extent necessary to make it enforceable and shall be construed and enforced as so limited.
22.0 GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of New Zealand, without regard to its conflict of laws principles.
23.0 NOTICE
All notices and other communications required or permitted under this Agreement (each, a "Notice") must be in writing and delivered to the parties at the addresses specified in the Order Confirmation, or to such other address as the receiving party may designate in writing. Notices may be delivered by email, personal delivery, nationally recognized overnight courier, or certified or registered mail. Except as otherwise specified in this Agreement, a Notice will be effective only (a) upon receipt by the receiving party, and (b) if the party giving the Notice has complied with the requirements of this Section.
24.0 WAIVER OF CONTRACTUAL RIGHT
The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with all provisions of this Agreement.
25.0 SURVIVAL
The provisions of this Agreement which, by their nature, should survive termination or expiration of this Agreement shall remain in full force and effect, including but not limited to provisions relating to indemnification, liability, and dispute resolution.
26.0 SIGNATORIES
This Agreement shall be executed on behalf of the Client by {{client_name}} of {{company_name}} and shall become effective as of the date first written above.