Terms & Conditions

TERM

The Agreement shall be effective upon receipt by  of any payments and/or signed copy of this Agreement. This Agreement shall remain in effect through the completion of the services.



VENUE CONDITIONS

Client agrees to provide  a safe and appropriate working environment and adult supervision of minors. Client further agrees that if Client or Client's guests damage, abuse, or remove 's property during or from Event, Client will repair or replace the property.


Entertainers/artists reserve the right to temporarily stop performing if they feel the conditions of the venue are unsafe or if the above criteria are not being met. If the artists and client can resolve the situation, the artists can resume entertainment, but if no solution can be made, the artists shall have the right to pack their belongings and leave.


If this is an event that is open to the public, artists have the right to require parents to be present with children being served. This is to help with the flow of the line, managing behaviors, and ensuring there is no issues with children receiving services.


Entertainers/artists reserve the right to refuse service to any guests if deemed necessary. Guests that are fighting in line, refusing to follow instructions or causing harm to other guests will not be served.



LIMITATION OF LIABILITY

Client acknowledges that there are risks and dangers inherent with the contracted-for entertainment, and with the props and products necessary for that entertainment. Client assumes the liability for all such risks and agrees to indemnify, defend and hold harmless  and all  artists from and against any and all accidents, claims, judgments, costs or liability for damage, injury to any person or property during the Event, including time of set up and take down, by guests or staff. Liability of  shall not exceed the total value of this Agreement.



FORCE MAJEURE/SUBSTITUTION

Neither  nor Client will incur liability to each other for failing to perform any obligation under this Agreement if such failure results from a force majeure or any force beyond their reasonable control. In the event of incapacitating illness, injury, or emergency to the agreed upon Entertainer/Artist,  shall substitute an Entertainer/Artist of equal or greater skill at no additional cost to Client. If no replacement can be found,  and Client will be discharged of all obligations under this Agreement and all payments returned.



GENERAL

This Agreement shall be governed by, venued in, and construed in accordance with the laws of the State where the service is being performed. This Agreement constitutes the entire agreement between the  and Client and supersedes any prior written or oral communications. If any portion of this Agreement is deemed invalid, the remainder of the Agreement will remain in full force and effect. However, Client may authorize overtime and additional fees and expenses orally at or before the Event.



CANCELLATION POLICY

Retainer fees (up to 50% of services total) are nonrefundable. If Client cancels forty-eight hours or less prior to Event, or if Services are rendered impossible by Client or Venue Conditions, the full invoice amount is non-refundable.


If the event is able to be rescheduled, client can apply the balance paid to a future event within 180 days of the cancelled event, subject to availability.

PHOTOBOOTH ACCESS, SPACE AND POWER

Client shall arrange for an appropriate space for the photobooth at Client’s venue. Space must be level, solid, and at least 6’ by 9’. It is the Client’s responsibility to ensure access is possible. Photobooth may be placed in an exterior location, provided it is protect from weather. Client is responsible for providing power to the photobooth (110V, 10 amps, 3 prong outlet).



WIFI ACCESS

Client is to confirm with the venue an Internet connection of at least (1MB). Dabadooya and Company is not responsible for insufficient social media features below the required Internet speed.



ONLINE GALLERY

Upon receiving downloadable link for files, Client accepts all responsibility for archiving and protecting the photographs. Company 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 an inability to read discs provided. It is Client’s responsibility to make sure that digital files are copied to new media as required.



MODEL RELEASE

Dabadooya and Company LLC reserves the right to use images produced with its photo booth under this Agreement to transfer to a third-party, host, store, cache, reproduce, publish, display (publicly or otherwise), perform (publicly or otherwise), distribute, transmit, modify, adapt, and create derivative works, and to reproduce the same images, in each case for the purpose of delivering client galleries.

ARTISTS/ENTERTAINERS

Client agrees to contact and/or book  Entertainers/Artists exclusively through Dabadooya and Company.  


Dabadooya and Company warrants that its Entertainers/Artists will perform all services in a professional manner consistent with the standards of their industries.



EMPLOYMENT AND OVERTIME

Client agrees that  entertainers/artists are independent contractors and not an employees of Client. Overtime will be billed at the same hourly rate listed in the agreement above. If no rate can be determined from the fee, overtime will be billed at $175.00 per hour.



CLOSING THE EVENT

Client (not artists) is responsible for ensuring that entertainment is concluded on time. Any requests from the client to do additional work past the agreed upon time will result in a separate invoice for overtime. If the artist is in a position that needs the line to be cut, a representative from the client’s organization/group is responsible for making sure no one else enters the line. If the line is cut when asked and the artists work overtime, that is not the fault of the client, and overtime will not be billed; but the client allowing others into line after being asked to cut, causing the artists work longer than agreed will result in a separate invoice for overtime.

DECOR POLICY

Dabadooya and Company is not liable for balloons once they have been delivered. We can make no guarantee for balloons affected by weather, stolen, or damaged by others. We encourage you to take pictures as close to the installation time as possible to ensure the display is both shiny and lacks defects. Balloons will develop a velvety sheen when exposed to the elements - this is normal and gives the balloons a unique texture.


Deliveries are made pending severe weather. If we are unable to make your delivery on the day listed above due to weather, we will contact you as soon as we know.


Payment must be received in full 10 days before delivery takes place. Orders placed within 10 days of the installation date may be subject to a 15% rush fee. We cannot begin inflation/assembly until payment has been arranged.


DECOR CANCELLATIONS/RESCHEDULING/REFUNDS

Orders cancelled at least 48 hours in advance can be refunded at 50%, as supplies will have already been ordered for the build. Alternatively, the full paid balance for the event can be transferred to another event within 180 days, assuming it is the same design & colors



We cannot cancel/reschedule orders less than 48 hours before the scheduled delivery date due to inflation/consumption of supplies. Payments will be non-refundable/non-transferable 48 hours or less before the delivery is to take place.

PHOTOGRAPHY SESSION ORDER

This is an order for photography in the form of high-resolution digital images. There are no oral or other agreements of the parties hereto, and this contract constitutes full and complete understanding and agreement between the Client and Photographer.


The cost for photography includes photography at a mutually agreed upon location, editing and development costs, and a private online ordering gallery with all photos available for digital download.



LIMIT OF LIABILITY

Although care will be taken with all digital media, the Photographer limits any liability for loss, damage, or failure to deliver photographs for any reason of photographer's non-performance caused by any force or similar circumstances, illness, accident, weather, lost mail or any cause beyond their control. In any event, the limit of Photographer's liability shall not exceed the contract price stated herein.



EXCLUSIVE PHOTOGRAPHER 

It is understood that no other photographer, amateur or professional, should  e allowed to photograph at the session near the Photographer without prior approval.



EMPLOYMENT 

This agreement is not to be construed as a employment in any way. The Photographer functions as an independent contractor.



OWNERSHIP OF FILES

It is agreed that dual ownership of the purchased digital files will be maintained by the Client and the Photographer. Upon delivery of the digital files to Client's physical control, the client shall gain personal non-commercial rights to the purchased images. It is also agreed that the Photographer will have full rights to use all images for advertising purposes. The Photographer does NOT guarantee archival of the digital files past a period of three months after the session date.


PERMITTED USE OF PHOTOS

It is requested that you, the client, provides photographyer with reasonable (when able) attribution each time when using your digital photos. Other permitted use includes, but is not limited to, use within the following contexts:

In photos on Client’s social media pages or profiles; or

In creations, such as prints, a scrapbook or gift; or

In communications, such as an email or holiday card.


DISPLAY OR PROMOTION

It is agreed that the Photographer may display and use photographs from session/event for web site and internet promotion, and any other non-commercial purposes thought proper by the Photographer unless payment of exclusivity fee is received.


GUARANTEED DELIVERY

Photographer agrees to have a proofing gallery complete within two weeks of the event date.


PHOTOGRAPHY STYLE

Client agrees to spent a satisfactory amount of time reviewing photographer's past work and has a reasonable expectation that the photographer will perform the Services in a similar manner and style unless otherwise specified in this Agreement. Photographer will use reasonable efforts to ensure Client's desired Services are produced in a style and manner consistent with their current portfolio and photographer will try to incorporate any reasonable suggestion made by Client. However, Client understands and agrees that:

Every event is different, with different subjects, layouts, and needs;

photography services are often a subjective art and Provider has a unique vision, with an ever-evolving style and technique;

Photographer will use its artistic judgment when providing Services for Client, which may not always include strict adherence to Client’s suggestions;

Although the photographer will use reasonable efforts to incorporate Client’s suggestions and desires when providing Client with the Services, they shall have final say regarding the aesthetic judgment and artistic quality of the Services;

Dissatisfaction with the photographer's aesthetic judgment or artistic ability are not valid reasons for termination of this Agreement or request of any monies returned.