TERMS AND CONDITIONS THE SMILE LAB is a division of 10th Letter Media LLC (10LM). This agreement exists between 10LM and Client for services rendered under the name The Smile Lab and/or 10th Letter Media.
10LM and Client mutually agree to the terms and conditions of this agreement. A firm and binding agreement exists between 10LM and Client only after this agreement has been properly executed and the deposit fee is paid prior to the scheduled event. This agreement supersedes and replaces any previous document, correspondence, conversation or other written and/or oral understanding pertaining to the events and details of your event’s photo booth services. Signature upon this document OR agreement via digital or online acceptance of the terms and conditions represents Client’s full agreement and understanding to these terms and conditions.
Payment and Fees: A $100 reservation deposit is required with this signed agreement to secure service date and planning. Deposit is non-refundable. The remaining balance is due FOURTEEN (14) calendar days prior to the scheduled service date. A $35 fee will be assessed for all returned checks. 10LM reserves the right to impose a late fee for balances not received by the fourteen day deadline.
Reservation Confirmation: Receipt of the deposit and agreement of the terms and conditions secure the date for The Smile Lab’s photo booth services. 10LM will not book another event in the Client’s time slot. In the event of a postponement or cancellation of the event, 10LM reserves the right to retain all deposits paid.
Exclusive Rights: The Smile Lab is the exclusive official photo booth provider retained to perform the services requested on this agreement. In signing (via hard copy, electronic, or digital signature) the agreement, Client is acting as agent for all members of the party. Parent or legal guardian of minors grants 10LM permission to film/photograph the minor child under the age of 18. Client grants 10LM all rights for display, broadcast, exhibition, promotion, and advertising use of all images produced under this agreement, unless requested otherwise in writing. All video and photo masters and raw footage remain the exclusive property of 10LM.
Delivery of Goods: After the conclusion of the service period, photos taken will be accessible online within five (5) business days. The Smile Lab photo galleries are hosted via our Facebook page at: www.facebook.com/thesmilelabhawaii. Client may request a privately hosted gallery, at least seven (7) days prior to the service date. Production times for any post-party customizations (such as keepsake albums or custom thank you cards) vary and any stated turnaround time is a best-estimate approximation. As turnarounds are dependent on current production schedule, 10LM will provide upon request, an estimate turnaround or delivery date at the time of booking. Every effort will be made for finished product to be delivered within the approximated turnaround time. Client is responsible for checking all hard copy materials received. If a link or disc does not function properly Client must notify 10LM within ten (10) days of receipt for replacement. Failure to notify 10LM within ten days may result in additional fees for replacement materials. 10LM is not responsible for incompatibility between DVDs, Blu-ray discs or USB devices created and the Client’s device players.
Restrictions: Client is aware that restrictions imposed by others (e.g., church, venue, guests, etc.), and the constraints of the physical environment, safety, weather, and acts of God can affect the quality and extent of service. 10LM cannot guarantee service of outside events during inclement weather. Client is responsible for obtaining all permissions and clearances, etc., and adequate shelter from inclement weather and extreme temperatures for 10LM to perform contracted services.
Postponement or Cancellations: No refunds will be made for cancellations made by the Client less than fourteen (14) days prior to the scheduled service date. A cancellation fee of $100 will be retained by 10LM, with all other payments refunded to Client, for postponements or cancellations made by Client fourteen (14) or more days prior to event date. If 10LM is unable, with reasonable cause, to provide photo booth services on the day of the scheduled event, and unable to provide an alternate photo booth company, written notice of cancellation will be provided to the Client and full refund will be made within ten (10) days of written notice.
Liability: 10LM will take the utmost care in planning and delivery of photo booth services. However, in the event 10LM fails to comply with the terms of this agreement due to any event at or beyond the control of 10LM, including but not limited to illness, accidents, acts of God or uncontrollable and unforeseeable equipment failure, 10LM’s liability is limited to refund of money paid. 10LM is not responsible for loss of photo booth service quality due to restrictions at event locations or interference from guests or other persons.
Warranties: 10LM makes no warranties expressed or implied, with respect to the work or property that is the subject matter of this agreement.
Requirements for Service: In order for 10LM to provide service as The Smile Lab photo booth, Client will be responsible for providing a space at least ten (10) feet by ten (10) feet large, on a level ground or cement, under a covered roof or tent, with access to a dedicated electrical outlet. An 8 foot table for prop setup is appreciated, but not required. A minimum ninety (90) minute time slot will be allowed for setup of the booth prior to the start of the ordered service period, and a minimum ninety (90) minute time slot will be allowed for breakdown of the booth after the ordered service period has concluded.
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