Chichi's Party Rental Terms of Use

 By submitting the deposit you are agreeing to

the term and

conditions

below.

Terms and Conditions

This VIDEO/PHOTO BOOTH RENTAL AGREEMENT AND TERMS AND CONDITIONS

(this "Agreement") is made by and between Chichis Party Rental, a Massachusetts

limited liability company (the "Company") and

the inquirer of services (the "Client") relating to any event(s) (the "Event(s)") booked

through the booking forms (the "Invoice") made by the staff and sent to the client.

YOU ARE ENTERING INTO A CONTRACT

WITH THE COMPANY. PLEASE READ THIS AGREEMENT IN ITS ENTIRETY.

This Agreement is a contract between you, as the Client or as agent for the Client, and the

 

 Company. This Agreement constitutes the

entire understanding between the Company

and the Client and supersedes all prior and

simultaneous contracts or agreements between the parties.

RESERVATIONS, CHANGES, AND CANCELLATIONS

RESERVATION: An electronically submitted Invoice and a non-refundable $100 deposit are required to reserve the dates and times of

the Events). If the Events) are rescheduled, postponed, or cancelled; or if there is a

breach of this Agreement by the Client, the Company shall be entitled to keep the entirety

of the Deposit and the Client agrees that it shall have no recourse to recover such

Deposit or any portion thereof. The Client shall also be responsible to pay to the Company any amounts that the Company has expended in furtherance of performing the

 

 Company's obligations under this Agreement that are incurred up to and including the time that the Company receives the Client's notice

of cancellation.

CHANGE IN EVENT DATE: If subsequent to

this Agreement, the Client changes the date of the event with a reasonable period of

advance notice of no less than 7 days,

the Company will use its reasonable commercial

efforts to accommodate the Client and

provide services on the changed date. Any rescheduled date would have to be within 60

days of the original date and subject to a $50

rescheduling fee. fI available, any rescheduled date within 14 days of the

original date will disregard the rescheduling fee. If, after exercise of its reasonable

commercial efforts, the Company cannot provide such services or the Company's

personnel, including but not limited to the attendant assigned to the Event, is not

 

 available on the changed date of the Event, the Company shall be entitled to keep the

deposit and neither party shall have any further liability or obligation under this

Agreement except as otherwise stated herein. If the Company is able to accommodate the change to the date of the

Event, the Client shall be charged the then-

current price for such Event. The Company

shall have no obligation to accommodate a change to the Event date with less than 7

days advance notice from the Client.

SUBSTITUTION: The Company may

substitute the attendant assigned to the Event to control the 360 in the event of an

attendant's illness or

of scheduling conflicts without notice to the Client.

FEES AND PRICING

SERVICE FEE: The service fee (the "Items")

 

 encompasses only those items included in the list of services located in the invoice sent

by the Company to the Client. The Service

Fee does not include applicable state sales

tax. The Company will be under no duty to

perform its obligations under this Agreement

until such time as Client has paid the service fee in full.

DEPOSIT AND PAYMENT: After inquiring, the Company shall send an invoice to the Client stating the Service Fee applicable to the Event. The Client is responsible for making a deposit payment, equal to $100 (the "Deposit"), to the Company immediately of

the date of the reservation. The Company shall have no obligations or liability to perform any services until the Company has received the Deposit. The Client shall be

liable for and shall pay the difference between the Deposit and the Service Fee to

the Company a minimum of seven (7) days

 

 

 

 time prior to the Event date to offer the

Company's services

to a different client, or may need to do so at a reduced cost. As a

result, the Client and Company agree that (1) it will be difficult to estimate the total amount

of damages to the Company in the event that the Client breaches this Agreement, including but not limited to a failure by the Client to pay

the Service Fee when due, and (2) that the amount of the Service Fee is the best

estimate of the damages to the Company if the Client were to breach this Agreement. As a result, the Company shall be entitled to liquidated damages in the amount of the

Service Fee (and entitled to keep any Deposit made as partial payment thereof) in event of a breach of this Agreement by the Client.

EVENT PROVISIONS AND AGREEMENTS

EVENT SCHEDULE: The Client a g r e e s to

 

 

 

 regulations of the venue, location and site management for any Event. The Client agrees

to accept the results of their imposition on

the Company. Negotiation with the venue or

site management regarding the application of

any rules and regulations is solely the Client's

responsibility; the Company will offer technical recommendations only and shall

bear no liability if such rules or regulations prevent the Company from performing all or part of the services.

DAMAGE TO COMPANY PROPERTY: If the services to be provided hereunder involve use

of any of the

Company's property, including but not limited to the mirror photo booth,

camera, video booth, tablet computers, go-

pro, cellphone, lights, or other forms of

Company property, the Client agrees that it shall be liable for any damage caused to such

property while such property is located at the Event site, including in the event that such

 

 damage is caused by any Event attendee or

invitee of the Client, except for damage to

such property caused by the Company or its

personnel. Client a g r e e s that its liability under this section shall not be limited to the

liquidated damages otherwise provided for herein.

DISCLAIMER: The Company disclaims any and all liability and the Client agrees that the Company shall have no liability due to causes beyond the control of the Company including but not limited to obtrusive guests, lateness

of the Client or guests, weather conditions,

schedule complications, incorrect addresses

provided to the Company, incorrect dates

provided to the Company, rendering of

decorations, or restrictions of the locations. The Company is not responsible for

backgrounds or lighting conditions which may negatively impact or restrict the photo/ video coverage. The Company disclaims any

 

 and all liability, and the Client agrees that the Company shall not be liable for not taking photos/videos in the entirety of the Event or any specific individual or object present at the Event.

AUTHORIZATIONS: The Client represents and warrants to the Company that it has obtained

any and all necessary authorizations, permits,

licenses, or other agreements from the Event venue and each and every guest attending

such Event, such that the Company has full rights to take and use the photographs/

videos in connection with providing the services requested by the Client hereunder.

This includes, but is not limited to, any protected intellectual property, such as copyrights, trademarks, rights of publicity, or architecture rights, that may appear in the photographs/videos taken by the Company or its equipment (including any such intellectual property present in the background of such

 

 photographs based on the location of the

Event venue or the venue itself, and the permission necessary to take and disseminate such photographs/videographs.

The Client agrees to indemnify, defend, and hold Company harmless for any breach of this section.

RESELLING: The Client agrees that it shall not charge Event guests or attendees for

services rendered by the Company at the Event. The Client must obtain written permission from the Company prior to selling

the photographs taken by the Company or charging any individual or entity for the services provided by the Company.

Notwithstanding the foregoing, this section shall not apply to any admission or other type

of entrance fee that the Client charges for admission to the Event.

LIMITATIONS O F LIABILITY

 

 LIMIT OF LIABILITY: The Client agrees that in

all instances, the Company's total and

aggregate liability to Client for any claim for

damages, reimbursement or loss, relating to

or in connection

with this Agreement, is

solely limited to amount of the Service Fee or

other form of compensation paid by Client to

Company over the immediately preceding

three (3) month period. In the event that

digital files have been lost, stolen, or destroyed for reasons beyond the Company's

control, including but not limited to camera, hard drive, or equipment malfunction, the Company's liability is further limited to the

return of the Service Fee. The limit of liability for a partial loss of originals shall be a

prorated amount of the exposures lost based on the percentage of total number of

originals. Because an event is an uncontrollable event, the Company cannot guarantee delivery of any specifically

 

 requested videos). Client further recognizes and agrees that an entire event cannot be

replicated, reenacted or repeated for the purpose of a re-shoot, and that the Company has no obligation under this Agreement to do

SO.

ATTENDANTS ILLNESS OR INJURY: Should

the Company personnel previously assigned to the event become unexpectedly ill or

injured, the Company shall make best efforts to secure the services of an alternative local

personnel for the event. If the services of an

alternative local personnel cannot be

secured, then the Company shall promptly reimburse Client any and all Service Fee

amounts Client has previously paid to the Company in connection with the applicable Event, and neither party shall have any further obligations or additional liability under this Agreement.

 

 INAPPROPRIATE BEHAVIOR BY GUESTS: If at

any point during the Event the Company

personnel, in their sole and absolute

discretion, determine that behavior of the Event guests, staff, attendees or other

person(s) at the Event is inappropriate,

threatening, hostile or offensive, including but not limited to behavior that the Company

personnel determines make them feel unsafe,

harassed or sexual harassed, the Company personnel may immediately cease to provide

any further services and leave the Event. In

such an instance, the Client will remain fully liable for any sums due, including but not limited to the Service Fee, as stated in this Agreement, and the Company shall be fully discharged of any and all further liability to the Client.

FORCE MAJEURE: In the event that the assigned attendant from the Company is unable to perform due to an injury, illness, act

 

 of God, act of terrorism, or other cause beyond the control of the Company, the Company will make every effort to secure a

replacement. If the situation should occur

and a suitable replacement is

not found, responsibility and liability is limited to the

return of the Service Fee.

INDEMNIFICATION: The Client covenants and agrees to indemnify, defend and hold the

Company harmless from all claims, demands,

actions or damage of

every kind and nature, including attorney fees and all other costs and expenses necessarily incurred, which

may accrue to, or be suffered by the Company due to any breach of this Agreement by Client or by virture of the

Company providing the services described

hereunder to Client, including but not limited to the following occurrences: theft of or damage caused to the Company's equipment, personnel or property at the Event situs by

 

 Event attendees, regardless of whether such attendees are personnel of the Client, invitees of Client, or attending in any other capacity, 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 the Company.

PERMITS, RELEASES, POLICIES, AND COPYRIGHTS

PERMITS: The Client covenants that it has acquired all necessary permits and permissions for activities and at all locations

for which it has engaged the Company and the Company's services.

MODEL RELEASE: The Client hereby assigns

to the Company, the irrevocable and unrestricted right to use and publish

 

 photographs/videos containing images/ videos of the Client, guests of the Client, or Event attendees which may be used for

editorial, trade, advertising, educational and any other purpose and in any manner and

medium; to alter the same without restriction; and to register the copyright of the same without restriction. The Client releases all claim to profits that may arise from use of images/videos. The Client covenants that it has obtained a model release, in substantially

the same form as this

section, from each of the persons present at the Event and to the

extent that any such model release has not

been obtained, the Client agrees that it will fully defend, indemnify and hold the Company

harmless from any damages, losses or liability that results from Client's failure to obtain such model release. Client

acknowledges that the Company is relying on Client's representations herein and has informed all persons present at the Event that

 

 images/videos taken by the Company at the Event will be published on the Company's

social media platforms. GENERAL PROVISIONS

SUCCESSORS AND ASSIGNS: The terms and provisions of this Agreement shall be binding on and inure to the benefit of the successors

and assigns of the parties.

NONASSIGNABLE: This Agreement may be freely assigned by the Company to its

affiliates or affiliated entities. This

Agreement is not assignable by the Client

without the express consent of the Company, which may be withheld in the Company's sole

discretion.

JURISDICTION, VENUE AND GOVERNING LAW: All matters arising out of or relating to

this Agreement shall be governed by and

 

 construed in accordance with the internal laws of the State of Massachusetts without

giving effect to any choice or conflict of law provision or rule (whether of the State of Massacgusetts or any other jurisdiction). Any claim or cause of action arising under this

Agreement may be brought only in the federal

and state courts located in Misdlesex County, Massachusetts. The parties hereby irrevocably consent to the exclusive

jurisdiction of such courts.

SEVERABILITY: Unless otherwise provided

herein, if any provision of this Agreement

shall be invalid, illegal or unenforceable, the

validity, legality and enforceability of the remaining provisions shall not in any way be

affected or

impaired thereby.

NO WAIVER: Any agreement to waive one or more provisions of this Agreement or any failure by one or both parties to enforce a

 

 provision of this Agreement shall not constitute a waiver of any other portion

or provision of this Agreement. Any waiver of a

breach or default hereunder shall not be deemed a waiver of a subsequent breach or

default of either the same provision or any other provision of this Agreement.

HEADINGS: The headings and sub-headings of clauses contained are used for convenience and ease of reference and do

not limit the scope for intent of the clause.

ATTORNEYS' FEES: In the event of any

litigation or any other action regarding or

relating to this Agreement, the Booking, or the invoice(s), the prevailing party shall be entitled to recover from the other party all of its reasonable attorneys' fees and other reasonable expenses incurred in connection

therewith, including in any appeal therefrom or in any bankruptcy.