Terms & Conditions of Services
The following is our standard terms and conditions for our rental services.
This Rental Agreement is effective as of the date on the signature page for the Client (defined in the attached Booking Information), by and between Out of the Box Fun, LLC ("Out of the Box Fun"), 22525 Southeast 64th Place, Suite 2029, Issaquah, Washington 98027, and the Client, and states the agreement of the parties for use of Out of the Box Fun equipment and services as follows:
SERVICE PERIOD AND TERMS: The services and rental equipment specifications are laid out in the attached Booking Information.
OPERATIONAL TIME AND PRINT QUALITY: Out of the Box Fun agrees to have its equipment operational for at least 85% during the rental time period, which excludes any requested idle time. Services may need to be interrupted for tasks such as maintenance of equipment or change of paper/ink, this is not considered time that equipment is not operational. If for any reason on Out of the Box Fun’s part (including but not limited to equipment malfunction), Out of the Box Fun is unable to start your event at the agreed upon time or continue your event, Out of the Box Fun will compensate you for any lost service time first by providing additional time up to 30 minutes if your venue permits or if your venue does not permit or the event has ended, a prorated refund of $50 for each 30 minutes lost. No compensation shall be made for delay caused by the Client once the staff has arrived at the event location noted on the contract whether due to incorrect address, insufficient power, unclear instructions, lack of hotspot connection or otherwise. No compensation shall be made for idle time or lost time resulting from the Client’s express permission for the Out of the Box Fun staff to leave before the service time is over or for guests choosing not to use the photo booth. If the event is a drop-off rental event, no compensation shall be made for lost time once Out of the Box Fun has confirmed that the equipment is properly working. Quality of photos or prints is subjective and not grounds for refunds. All our equipment is industry standard for the purpose of novelty photo booth rental service. If the event schedules printing and the printer fails to print out photos on site, Out of the Box Fun will be allowed to provide prints at a later time, free of charge, with free shipping as well as the ability for guests to download the digital files for their own use. If Wi-Fi or hotspot connectivity is not available at the event, Out of the Box Fun will be allowed to send text and email links to photos at a later time, free of charge, to the guests (as indicated on each photo session).
ADDITIONAL REQUESTED TIME: Any additional time requested by Client, if available, must be paid in increments of no less than 30 minutes at the rate specified in the attached. Additional time scheduled in advance is often available at a reduced rate. If no rate is otherwise specified, the rate per person is $175 per hour for an on-site event manager and $75 per hour for an extended drop off photo booth per photo booth, if not negotiated in advance. Any additional time not previously scheduled is subject to availability.
PAYMENT: The Client agrees to pay the booking fee as a non-refundable booking fee upon signing of this the contract in order to reserve a photo booth for this event. The rental contract balance is due 14 days prior to the event. In the event the balance of the payment is not received 14 days prior to the event, Out of the Box Fun may cancel the reservation in its sole discretion. Each returned check incurs a $25 fee.
Payments can be made by check and mailed to Out of the Box Fun, 22525 Southeast 64th Place, Suite 2029, Issaquah, Washington 98027. Payments can also be made by credit card online.
CANCELLATION POLICY: The booking fee is non-refundable. If the second payment is not received, Out of the Box Fun will retain the booking fee and the event will be cancelled. If the Client cancels the event following full payment, the booking fee will be retained by Out of the Box Fun and the balance will be refunded to Client if cancellation occurs more than 14 days before the event.
Any request for a date change must be made at least 30 days in advance of the original event date and may be subject to an additional fee. Change is subject to photo booth availability. If there is no availability for the alternate date, the total amount paid minus the booking fee shall be refunded and the event date cancelled.
Any requests for refund must be made in writing via email for proper processing.
A full refund will only be provided in the event that services cannot be rendered at all due to unforeseen circumstances on Out of the Box Fun’s part.
No refund will be due in the event there Out of the Box Fun staff are required to cancel an event due to unsafe working conditions, including, but no limited to sexual harassment, harassment, assault, natural disasters, sudden adverse change in weather conditions related to an outdoor event, or other unsafe working condition.
VENUE REQUIREMENTS: The Client agrees that THE VENUE WILL BE AVAILABLE FOR DELIVERY AND SETUP AT LEAST 2 HOURS BEFORE the event. Out of the Box Fun will confirm arrival time, which may be less than 2 hours, no more than 48 hours before the event. Client will need to make sure that one dedicated electrical outlet is available for each photo booth operation (recommend a dedicated outlet as close to photo booth as possible, no more than 15 feet away). Please note, unless instructed otherwise, Out of the Box Fun will tape down all equipment cords and cables to prevent injury; Out of the Box Fun is not liable for any damage to the building due to this tape. The Client will arrange for an appropriate space for the photo booth equipment at the event venue. The photo booth requires a minimum space 7’ deep x 10’ wide x 9’ high. The Client must provide a table for the props, if requested. The Client must provide a Wi-Fi or hotspot connection for digital prints to be sent during the event. If the Client does not have an available Wi-Fi or hotspot location, Out of the Box Fun may provide a hotspot, if available, at an additional charge. Out of the Box Fun is not liable for the inability of the venue's Wi-Fi or hotspot connection to effectively send text or e-mail messages during the event.
Photo booth setup area should be indoors, especially during the day. If outdoors, the Client should ensure adequate shade from the sun to ensure good lighting of photos. A solid wall is necessary for setup of a backdrop to avoid wind interference; use of backdrop will be determined based on wind conditions. The Client must provide an indoor setup if rain or inclement weather is forecast; the photo booth will not operate if there is rain an hour before or during the event or the ground under the photo booth is wet, as a safety precaution, and no compensation shall be made if there is not an alternative setup area.
Setup area must be free of potential hazardous materials or items. This event may be cancelled in the sole discretion of Out of the Box Fun if there is not adequate space, power, access, or there are otherwise unsafe conditions and payment forfeited if there is not a suitable setup area available upon delivery. Outside placement of the photo booth and other provisions to compensate for space, power, or location issues must be made prior to the event and specified in the attached Booking Information.
DESIGN TERMS: Out of the Box Fun offers print and overlay templates that they will customize per the design prompts. Included with this rental is the customization of one design based on the completed request form, plus one additional round of edits. If additional editing is needed, a design cost of $50 per edit request will be added to the invoice. In the event the Client does not approve a design 7 days prior to the event, a default print template with the event information will be provided and no digital overlay. All custom design requests for a backdrop, start screen, vinyl wrap, print or overlay prints, must be provided by the client per specifications sent by Out of the Box Fun. In the event Out of the Box Fun is responsible for a design request, such terms will be clearly identified in the Booking Information.
ACCEPTANCE OF EQUIPMENT: The Client shall inspect each item of equipment delivered pursuant to this Rental Agreement. The Client shall immediately notify Out of the Box Fun of any discrepancies. Any subsequent claim that the equipment was not provided in fully functional order will not be considered. The number of photos is limited only to the speed of the printer, if prints are requested, and how quickly people move in and out of the photo booth.
RETURN OF RENTAL ITEMS: The rental of equipment and any other goods shall begin on delivery of the photo booth to the Client and shall terminate on return of items in good condition to Out of the Box Fun. If any of the rented items are lost, stolen, or damaged beyond repair, the Client will be required to pay for the full replacement cost of the items. Client assumes all risks of loss or damage to the equipment from any cause, with the exception of normal wear and tear, except as may be caused by the on-site attendant or the negligent acts of Out of the Box Fun.
OWNERSHIP AND STATUS OF EQUIPMENT: The rented equipment will be deemed to be personal property, regardless of the manner in which it may be attached to any other property. Out of the Box Fun shall be deemed to have retained title to the rented equipment at all times. The Client shall immediately advise Out of the Box Fun regarding any notice of any claim, levy, lien, or legal process issued against the equipment.
ATTENDED EVENTS AND LABOR MANAGEMENT: Out of the Box Fun follows all applicable labor laws, including requirements for meal and rest breaks. In the event a meal or rest break occurs during a Client’s event, the photo booth will remain active. In the event photo are being printed, such prints will continue to be made during the event manager’s absence. In the event of a printer malfunction, such prints shall be reprinted upon the event manager’s return. Out of the Box Fun attempts to schedule breaks at the best times possible for a client’s event and will often request an event schedule in order to facilitate break management.
Out of the Box Fun will follow all health and occupational health guidelines and allow staff to choose whether to wear masks during events for their own personal health and safety.
LIMITATION OF LIABILITY & DAMAGES: Not withstanding anything contained herein, Out of the Box Fun will not be liable for any breach-of-contract damages suffered by the Client that are remote or speculative, or that Out of the Box Fun could not reasonably have foreseen on entry into this agreement. Out of the Box Fun's liability under this Rental Agreement shall not exceed the total amount paid under this Rental Agreement or $5,000, whichever is less.
INDEMNIFICATION: The Client agrees to indemnify, hold harmless and defend Out of the Box Fun, its employees and agents from and against any claims, damages, losses and expenses, including but not limited to attorneys’ fees, arising out of or resulting from the use of the rental of equipment whether caused in whole or in part by the rental company, anyone directly or indirectly employed by them or anyone for whose acts they may be liable.
ENTIRE AGREEMENT AND MODIFICATION: This Rental Agreement constitutes the entire agreement between the parties. No modification or amendment of this contract shall be effective unless in writing and signed by both parties (email satisfies this requirement). This contract replaces any and all prior agreements between the parties.
SEVERABILITY: If any portion of this contract shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this contract is invalid or unenforceable, but that by limiting such provision, it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
WAIVER: The failure of either party to enforce any provision of this contract shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this contract.
RIGHTS: The Client acknowledges that Out of the Box Fun is the owner of all hardware, software, and digital content associated with the service provided. The Client acknowledges that the digital content obtained during the terms agreed to in this contract are property of Out of the Box Fun. Out of the Box Fun owns the copyright and reserve the right to use, photographic portraits or pictures of any photo booth user who may be included intact or in part, for any and all media now or hereafter known for illustration, art, promotion, advertising, trade, or any other purpose (including the name, date, and general location of event). In addition, the Client, hereby releases, discharges and agrees to save harmless Out of the Box Fun, from any liability, that may occur or be produced in the taking of said photo or in any subsequent processing thereof, as well as any publication thereof, including without limitation any claims for libel or invasion of privacy. As a convenience, a disclaimer will be posted on the photo booth, in plain sight, pertaining to general model/photo release when the users enter their email, phone number, or request a print; however, it is ultimately the Client’s responsibility to alert their guests that their images/likenesses may be used for these purposes.
The Client acknowledges that the digital content obtained during the time of service will be uploaded to www.outoftheboxfun.com and Out of the Box Fun is indemnified of any liability associated with the use and publication of the digital images. Out of the Box Fun agrees to provide the Client and guests of the event access to images taken.
GOVERNING LAW: This contract shall be construed in accordance with the laws of the State of Washington.