TERMS & CONDITIONS
This TERMS AND CONDITIONS is made by and between Screenshot Interactive Ltd., a 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 "Booking Forms") located on the Company's website (www.screenshotinteractive.com) or any other Official platform operated by the Company.
RESERVATIONS, CHANGES, AND CANCELLATIONS
An electronically submitted Booking Form or Email and a non-refundable deposit are required to reserve the dates and times of the Event(s). If the Event(s) 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.
The Service Period will be from the times set out in the Schedule. Screenshot Interactive Ltd. agrees to have a photo booth operational for a minimum of 80% of the paid rental period. Client understands that occasionally, operations may need to be interrupted for maintenance of the photo booth.
FEES AND PRICING
SERVICE FEE: The service fee (the "Service Fee") 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 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 submitting the Booking Form, 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 50% of the Service Fee (the "Deposit"), to the Company within ten (10) days of the date of the invoice. 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 thirty (30) days prior to the date of the applicable Event. If the Client is booking an Event with less than thirty (30) days prior to the Event date, the Client shall pay the entire amount of the Service Fee within seven (7) days of the date of the applicable invoice submitted by the Company to the Client for such Event. If the Client is booking an Event with less than seven (7) days prior to the Event date, the Client shall pay the entirety of the Service Fee immediately upon receipt of the applicable invoice for such Event. The Company will not perform services prior to the receipt of the entirety of the Service Fee, unless otherwise is explicitly stated in writing.
ADDITIONAL PAYMENT TERMS. If the Client does not make payment of the Service Fee upon the dates and in the amounts agreed, the Client agrees that the Company may, in its sole and absolute discretion, assess a late payment charge in the amount of US$100 per month for such late payment. In the event the Client fails to remit payment as specified, the Company shall have the right to immediately terminate this Agreement with no further obligation, retain any monies already paid, and not attend the Event(s).
PRICING: Services or merchandise not included in this Agreement will be sold at the current price when the order is placed. All prices are subject to change at any time without notice. If at any point the Company issues credit vouchers or other similar instruments representing credit that the Company will provide to a Client, those instruments shall have no intrinsic cash value, shall be non-transferable, and may only be applied toward specified products or services from the Company.
LIQUIDATED DAMAGES. Following receipt of the Deposit, the Company agrees to reserve the Event date in the Company's schedule in anticipation of the Client's Event. If the Client cancels the Event or fails to pay the remaining portion of the Service Fee when due, the Company may not have sufficient 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.
CHANGES AND CANCELLATIONSAny request for a date, time, or location change must be made in writing at least two (2) days in advance of the original event date. Change is subject to photo booth availability and receipt of a new Service Agreement. If there is no availability for the alternate date, time, or location, the deposit shall be forfeited and this Agreement terminated. The Client agrees that any deposit paid shall be forfeited in the event the Client advises, less than thirty (30) days prior to the Event Date, that it no longer requires the photo booth services for any reason whatsoever.
EVENT PROVISIONS AND AGREEMENTS
EVENT SCHEDULE: The Client agrees to confirm the schedule of the Event at least two-weeks prior to the date of the Event. Notification of any changes in schedule or location must be made in a timely manner and confirmation of receipt must be obtained from the Company by the Client. The Client is responsible for providing the Company with the correct date of the Event, and shall bear the full risk of loss if the Client provides an incorrect Event date to the Company. If the Event is to occur less than two-weeks from the date of booking, the Company shall use the information provided to the Company on the Booking Form as the confirmation of the schedule required hereunder.
NUMBER OF PHOTOS: Numbers of guests at the Event and their involvement with the Company varies per event. The Company does not guarantee any number of photos for the hosts.
INHERENT QUALITIES: The Client acknowledges that it is aware that color dyes in photography may fade or discolor over time due to the inherent qualities of dyes as well as digital media which may deteriorate due to de-lamination and oxidation, and Client releases the Company from any liability for any claims whatsoever based upon the deterioration due to such inherent qualities.
CAPTURE AND DELIVERY: The Company is not liable to deliver every image taken at the event. The determination of images delivered to the Client is left to the discretion of the Company.
POST PRODUCTION AND EDITING: The final post production and editing styles, effects, and overall look of the images are left to the discretion of the Company.
SHOOTING TIME / ADDITIONS: The Client and the Company agree that cooperation and punctuality are essential to accomplish the goals and wishes of all parties. Shooting commences at the scheduled start time and ends at the scheduled end time. If the Client does not arrive at the appointed time for the Event(s), shooting will commence at the scheduled start time and end at the scheduled end time. All additional time beyond the scheduled end time will be billed to the Client at the Company’s hourly rate for additional time, and such additional time shall be provided by Company based on the Company's availability in its sole discretion.
VENUE AND LOCATION LIMITATIONS: The Company is limited by the rules and 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 photo booth, tablet computers, camera, 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 agrees 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 coverage. The Company disclaims any and all liability, and the Client agrees that the Company shall not be liable for not photographing the entirety of the Event or any specific individual or object present at the Event.
AUTHORISATIONS: 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 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 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. 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.
The Client will arrange for an appropriate space for the photo booth at Client’s venue. Space must be at least 8’ by 8' by 8’, on level surface, solid ground, under a covering and against a wall to protect the unit from wind, rain and poor lighting. It is Client’s responsibility to ensure access is possible. The Client is responsible for providing power to the photo booth with 25ft. access to a working outlet (3 prongs, 110V, 10 amps).
Client grants us permission to use images from Event to promote our business, including but not limited to, use on our website, blog, social media and print marketing materials. Client waives any right to any payment, royalties or any other consideration for the use of the images. Client hereby holds harmless, releases and forever discharges us from all claims, demands, and causes of action which Client, his/her heirs, representatives,, executors, administrators, or any other persons acting on Client’s behalf or on behalf of the Client’s estates have or may have by reason of this authorization. Client agrees to procure that all guests attending the Event using the photo booth give to Screenshot Interactive Ltd. the right and permission to copyright and use, photographic portraits or pictures of any photo booth user for illustration, art, promotion, advertising, trade, or any other purpose.
If you have ordered access to an online gallery, upon receiving downloadable link of the files, Client accepts all responsibility for archiving and protecting the photographs and media. Screenshot Interactive Ltd. is not responsible for the lifespan of any digital media provided for any future changes in digital technology or media readers that might result in the inability to read the discs provided. It is Client’s responsibility to make sure that digital files are copied to new media as required.
DAMAGE TO EQUIPMENT AND INDEMNIFICATION
Client acknowledges that it shall be responsible for any damage or loss to Screenshot Interactive Ltd’s equipment caused by: a) misuse of the our equipment by Client or its guests (invited or uninvited) or b) any theft or disaster (including but not limited to fire, flood or earthquake). Client acknowledges Screenshot Interactive Ltd shall have the right to decline service to Client's guest (invited or uninvited) for misuse, inappropriate photos or unruly behavior.
Client agrees to assume full responsibility and liability for any and all claims arising out of the use of the photo booth. Screenshot Interactive Ltd will not be held liable for any injury, loss or damage directly or consequently arising out of the use or rental of the photo booth. Client will indemnify Screenshot Interactive Ltd against, and hold us harmless from all claims, actions, proceedings, costs, damages, and liability including attorney’s fees, arising out of, in connections with, or resulting from the rental of our photo booth.
Screenshot Interactive Ltd. instant sharing features require Client to provide access to or guarantee a venue internet connection of at least (1MB). Screenshot Interactive Ltd. is not responsible for insufficient image sharing features below the required internet speed.
In the event Screenshot Interactive Ltd. is unable to supply a working photo booth for at least 80% of the Service Period, Client shall be refunded a prorated amount based on the amount of service received. If no service is received, Screenshot Interactive Ltd. maximum liability will be the return of all payments received from Client. Screenshot Interactive Ltd. is not responsible for any consequential damages or lost opportunities upon breach of this Agreement.
The Client shall provide parking for the Screenshot Interactive Ltd. attendant’s vehicle while at Client’s event.
If any one or more of the provisions contained in this Agreement is, for any reason, held to be invalid, illegal, or unenforceable in any respect, that invalidity, illegality, or unenforceability will not affect any other provisions of this Agreement, but this Agreement will be construed as if those invalid, illegal, or unenforceable provisions had never been contained in it, unless the deletion of those provisions would result in such a material change so as to cause completion of the transactions contemplated by this Agreement to be unreasonable.
No waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement will be effective unless it is in writing and signed by the Party waiving the breach, failure, right, or remedy. No waiver of any breach, failure, right, or remedy will be deemed a waiver of any other breach, failure, right, or remedy, whether or not similar, and no waiver will constitute a continuing waiver, unless the writing so specifies.
This Agreement constitutes the final Agreement of the Parties. It is the complete and exclusive expression of the Parties’ Agreement with respect to the subject matter of this Agreement. All prior and contemporaneous communications, negotiations, and Agreements between the Parties relating to the subject matter of this Agreement are expressly merged into and superseded by this Agreement. The provisions of this Agreement may not be explained, supplemented, or qualified by evidence of trade usage or a prior course of dealings. Neither Party was induced to enter this Agreement by, and neither Party is relying on, any statement, representation, warranty, or Agreement of the other Party except those set forth expressly in this Agreement. Except as set forth expressly in this Agreement, there are no conditions precedent to this Agreement’s effectiveness.
A Party will not be in breach of or in default under this Agreement on account of, and will not be liable to the other Party for, any delay or failure to perform its obligations under this Agreement by reason of fire, earthquake, flood, explosion, strike, riot, war, terrorism, or similar event beyond that Party’s reasonable control (each a “Force Majeure Event”). However, if a Force Majeure Event occurs, the affected Party shall, as soon as practicable:
notify the other Party of the Force Majeure Event and its impact on performance under this Agreement; and
use reasonable efforts to resolve any issues resulting from the Force Majeure Event and perform its obligations under this Agreement.
This Agreement shall be interpreted and construed in accordance with the laws of Jamaica.
ALL SALES ARE FINAL
The Client understands and agrees that all sales and service fees are final.
In the event of any litigation or any other action regarding or relating to this Agreement, the Booking Form(s) 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.