Service Period

The service period will be provided by client on the contract. Texas Best Events, hereby referred to as "provider" agrees to have a photo booth, and/or DJ Service, and/or Lighting operational for a minimum of 90% during this period; Occasionally, operations may need to be interrupted for maintenance of providers equipment (changing photo paper, adjusting camera, adjusting printer, replacing batteries, etc.). Provider is not responsible for any non service due to unsafe weather conditions or power outages. Provide will arrive earlier than the service period for equipment setup. Delayed setup may occur if access to the setup location is complex or designated setup location is not ideal (Examples: uneven ground, no cover, no power source nearby, etc). In the unlikely event that a DJ falls ill or is injured without the ability to service the event prior to the event date, a backup DJ of providers choice will be provided. In the unlikely event that provider is unable to service an event on the event date due to an accident or family emergency, client will be notified immediately and a full refund will be granted within seven business days.

Payment

Deposit of $100 is due upon signing of this contract and represents the retainer. Refunds for the retainer are not permitted. Full remaining balance is due 14 days before the event date. If the full balance is not satisfied after 14 days leading up to the service time/date, client may be subject to non-service due to over booking. If payment is received after the date of your event, you are subject to a late penalty fee of 10% of the balance due PER DAY. We accept Cash, Check, and Credit Cards. If client opts to extend the service period during the event, beyond the service period agreed to within this contract, the overage in rental time will be charged to the client at an hourly rate depending on the service provided. Payment for any overage in time must be paid before additional hours of service are provided. Client agrees that in addition to any and all other legal rights and remedies provider may have, client is subject to a $25.00 fee for any and all returned checks.

Date Changes and Cancellations

Any request for a date change must be made at least 30 days in advance of the original event date. Texas Best Events will not refund your retainer and/or installment payments made within 30 days leading up to your original event date. Furthermore, any cancellation requests made within 30 days still requires you to pay the full invoice balance even if the event was booked within the 30 day period. Change is subject to service availability and a new contract submission. In the event that host/customers new date is not available in providers availability calendar for services, the retainer and/or payments made thus far will not be refunded. In this scenario, provider will credit payments made prior to 14 days leading up to the original event date for up to 12 months toward another event service provided by Texas Best Events. New dates and event locations may be subject to travel and rental fees at that time. In the event that a cancellation is requested for the rescheduled event, all payments made thus far will not be refunded, rescheduled, or credited.

Equipment Damage & Requirements

Client acknowledges that it shall be responsible for any damage or loss to the provider’s equipment caused by: a) Any misuse of the provider’s photo booth, and/or DJ, and/or lighting equipment and/or projector by client or its guests, or b) Any theft or disaster (including but not limited to lightning, fire, rain, flood, tornado, or earthquake). This also includes loss of revenue due to damaged equipment not being available for scheduled events up to 30 days after clients original event date. Client will arrange for an appropriate space for the photo booth, and/or DJ, and/or event lighting at event’s venue. The 1-8 person enclosed photo booth requires a level dry covered space 5’ long x 5’ wide by 7’ tall – the provided table measures 6’ x 3’. Our open to air photo booth requires a space 8’ wide x 8’ tall. Client is responsible for ensuring dedicated power is available for the Photo Booth (one 110V, 3 prong outlet, 20amps) within 25' of designated setup location. The DJ Service requires a level dry covered space 10’ long x 5’ wide. Client is responsible for ensuring dedicated power is available for Texas Best Event’s DJ equipment (Two 110V, 3 prong outlets, 20amps each) within 25’ of setup location. Delayed setup may occur if wind, rain or lighting poses a danger to our equipment or staff. Furthermore, delayed setup may occur if the above equipment requirements are not properly provided by the client upon arrival. If client chooses to opt for the social media sharing services, client is responsible for providing wireless high speed internet access for the photo booth; provider is not responsible for poor internet connections while uploading photos.

Indemnification

Client agrees to, and understands the following: a) host/customer/client will indemnify provider against any and all liability related to host/customer/clients event during or after host/customer/clients event. Host/customer/client will indemnify Provider from the time of service and on into the future, against any liability associated with Client. b) Client will indemnify Provider against any and all liability associated with the use of pictures taken within the photo booth, its employees, or affiliates at Client’s event.

Limitation of Liability

In no event shall Texas Best Events be liable for any direct, indirect, incidental, consequential, special, exemplary, punitive or other damages, whether based in contract, tort or otherwise (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use Texas Best Event’s photo booth, and/or DJ, and/or uplighting services, even if a Texas Best Event’s authorized representative has been notified orally or in writing of the possibility of such damage. The remedies set forth herein are exclusive and Texas Best Event’s total liability to the Client, whether based on contract, warranty, tort (including negligence), indemnity, and strict liability or otherwise, will not exceed the total payment for the service provided.

Model Release

Client agrees to, and understands the following: All guests in attendance including photo booth users hereby give to provider: The right and permission to copyright and use, photographic portraits, videos, or pictures of any guest who may be included intact or in part, made through any and all media now or hereafter known for illustration, art, promotion, advertising, trade, or any other purpose. In addition I, hereby release, discharge and agree to save harmless Texas Best Events, from any liability, that may occur or be produced in the taking of said picture or in any subsequent processing thereof, as well as any publication thereof, including without limitation any claims for libel or invasion of privacy. You may opt out of our model release by submitting a request via email: This email address is being protected from spambots. You need JavaScript enabled to view it. up to three days before clients event date.

Staff Safety

Texas Best Events believes in a safe fun working environment for our staff. If at anytime during your event a Texas Best Events employee/representative feels threatened or uncomfortable with the conditions or guest behavior at your event, our staff have permission to notify client of the issue then pack up all equipment and leave immediately – in this event there will be no refunds or booking credits granted whether full or prorated.

Miscellaneous Terms

If any provision of these terms shall be unlawful, void, or for any reason unenforceable under Contract Law, then that provision, or portion thereof, shall be deemed separate from the rest of these terms and shall not affect the validity and enforceability of any remaining provisions, or portions thereof. In the event provider is unable to supply a working photo booth, and/or DJ, and/or lighting service for at least 90% of the Service Period, Client shall be refunded a prorated amount based on the amount of service received. If the printer fails to print out photos on site the provider will be allowed to give a URL link to the client where their guests can log onto download the digital files for their own use. We do not service photo booth rentals within Dallas County. If it is determined within this contract, and/or your rate inquiry that the events address is located in Dallas County and you are needing photo booth rental services, the event will be cancelled, contract will be deemed null and void, and full payment will be refunded. Furthermore, due to a non-complete agreement, any advertisements for Texas Best Events is not intended for customers within Dallas County, Texas. Please call Photo Booth Dallas.org, LLC at 972-460-6616. Delayed setup will occur if the above terms are not arranged prior to providers arrival at the event – This will cut into service time for the photo booth. This is the entire agreement between Texas Best Events (provider) and client relating to the subject matter herein and shall not be modified except in writing & signed by both parties. In the event of a conflict between parties, client agrees to solve any arguments via arbitration.