e-Signature: BoothMN / WedPhoria, LLC Service Agreement Terms

By Clicking "I AGREE", You are agreeing to the terms, provisions, conditions and pricing listed on the electronic agreement that you will receive from us after completing this booking form.

Entertainment Agreement
This Agreement is for entertainment services for the event described on the booking form you completed above, between the purchaser of entertainment (Client) and BoothMN / WedPhoria, LLC, doing business at 417 17th Ave. North, St. Cloud, MN 56303.   BoothMN / WedPhoria, LLC Representatives (personnel, service providers and contractors) agree to furnish services to the specifications included on the booking form/final agreement and Client:

Payment: (Cash, Check, Paypal or Credit Card) Make checks payable to WedPhoria. ($20 fee for returned checks)

To Confirm the Agreement: You must be 18yrs. or older to sign the agreement. A PDF (or a printed copy) of the agreement will be sent to you after you complete this booking form.  After you have completed this booking form, you must pay your deposit in order to complete the booking process and fully reserve your date.

Cancellation: This Agreement cannot be cancelled or modified except in writing by either the Client or BoothMN / WedPhoria, LLC. If Client initiates cancellation less than 90 days prior to the event, then the Client is responsible for the total due the day of event. Rescheduling for events canceled due to inclement weather shall be accommodated without penalty whenever possible. Rescheduled events are subject to availability. The initial investment (deposit) does count towards your final fee and is ONLY refundable if you complete the booking process and we have just lost availability to perform on your date. Which we will let you know that within 48hrs or less and refund your initial investment.

Provisions: The Client shall ensure that: (1) the facility provides proper electricity; (2) facility is open 1 hour prior to scheduled start time; (3) the facility meets all federal and state safety regulations and has all appropriate music licenses and performance permits where applicable; (4) reasonable steps will be taken to protect BoothMN / WedPhoria, LLC’s equipment, personnel, and crowd control will be provided if warranted; (5) for outdoor performances, shelter will be provided that completely covers and protects BoothMN / WedPhoria, LLC’s equipment and personnel from adverse weather conditions. Client accepts full responsibility and is liable for any damages, injuries, or delays that occur as a result of failure to comply with these provisions. In the event of circumstances deemed by BoothMN / WedPhoria, LLC Representatives (personnel, service providers and contractors), then BoothMN / WedPhoria, LLC Representatives (personnel, service providers and contractors) reserve the right to cease performance until such time as Client resolves the threatening situation. BoothMN / WedPhoria, LLC Representatives (personnel, service providers and contractors) further reserves the right to deny any guest access to equipment. In the unlikely event the BoothMN / WedPhoria, LLC Representatives performance is delayed, liability is limited to providing Client with performance time equal to time lacking.

Deposit counts towards the total balance due. This Entertainment Agreement supercedes all others for the event date entered in the booking form and is subject to the laws of the State of Minnesota. (The Client e-signs the booking form on behalf of themselves or their company.)

By typing your name in the "Signature" field, you are waiving the need for a physical agreement and physical signature on both parties behalf (BoothMN / WedPhoria, LLC and yourself). e-Signing acts as a legal binding signature and is as legit at a physical signature.

 

Additional Terms, Provisions & Conditions:
BoothMN / WedPhoria, LLC provides backup equipment in case of equipment failure, however, BoothMN / WedPhoria, LLC cannot guarantee that all equipment will work at performance time. BoothMN / WedPhoria, LLC cannot provide backup equipment for every piece of equipment and cannot guarantee that the backup equipment is functioning properly since it cannot be tested before every show. BoothMN / WedPhoria, LLC will not be held reliable if any piece of equipment fails during any performance or at any time during the performance.

BoothMN / WedPhoria, LLC has a “no drop” policy. All staff and equipment must always be protected from inclement weather with proper shelter to protect from rain, wind and other elements. If proper shelter is not provided, Client shall be responsible to cover all incurred expenses and damages. Water, moisture, wind and other weather conditions can permanently damage the equipment and in-turn we would not have any equipment to use the rest of the show/event.

If proper shelter cannot or is not provide and it starts to even drip or precipitation falls, the equipment will be taken down or moved to keep it protected from the elements. This is the case regardless of what the situation is.

BoothMN / WedPhoria, LLC service providers and contractors plan to arrive at least 1 hour before the event to setup equipment if necessary. Should traffic, emergencies or any other conflict keeps BoothMN / WedPhoria, LLC or contractor from arriving on time, BoothMN / WedPhoria, LLC reliable or at fault. BoothMN / WedPhoria, LLC will provide performance time equal to the amount lacking do to any delays of this nature.

The Client shall provide one six-foot table (skirted and covered to match guest tables if possible) and one nearby electrical outlet. Client shall provide BoothMN / WedPhoria, LLC with safe and appropriate working conditions. BoothMN / WedPhoria, LLC requires a minimum of one 15-20-amp circuit outlet from a reliable power source within 25 feet of the set-up area. This circuit must be free of all other connected loads. Any delay in the performance or damage to BoothMN / WedPhoria, LLC's equipment due to improper power is the responsibility of the Client. Photo booths must be on their own breaker. Failure to provide it's own breaker could cause the booth to malfunction and no refund will be provided if power is an issue.

In the event of circumstances deemed to present a threat or implied threat of injury or harm to BoothMN / WedPhoria, LLC staff (contractor) or any equipment in BoothMN / WedPhoria, LLC possession, BoothMN / WedPhoria, LLC reserves the right to cease performance. If the Client is able to resolve the threatening situation in a reasonable amount of time (maximum of 15 minutes), BoothMN / WedPhoria, LLC shall resume performance in accordance with the original terms of this agreement. Client shall be responsible for payment in full, regardless of whether the situation is resolved or whether BoothMN / WedPhoria, LLC resumes performance. If the full amount of performance time is not used at the event, Client forfeits any pay or performance time agreed upon in this contract.

BoothMN / WedPhoria, LLC uses and maintains high quality, however in the unlikely event that time is lost due to equipment malfunction, BoothMN / WedPhoria, LLC will refund the portion of the total amount corresponding to the time lost. This is the extent of BoothMN / WedPhoria, LLC’s liability.

The BoothMN / WedPhoria, LLC Representatives (personnel, service providers and contractors) performing for the Client may be an independent contractor and not an employee of BoothMN / WedPhoria, LLC. The Client acknowledges that BoothMN / WedPhoria, LLC may arrange for other independent contractors to cover their event. Client acknowledges that BoothMN / WedPhoria, LLC will not be responsible for any negligence caused by an independent contractor.

The Client is responsible for damages resulting from the conduct of all persons attending the event, including any damage to BoothMN / WedPhoria, LLC’s equipment.

The Client shall be liable for any and all costs, including collection fees resulting in an “insufficient funds” check and reasonable attorney’s fees and costs incurred in enforcing this contract.

In the event of non-payment, BoothMN / WedPhoria, LLC retains the right to attempt collection through the courts. Client will be held responsible for all court fees, legal fees, and collection costs incurred by BoothMN / WedPhoria, LLC.

No performance on the engagement shall be recorded, reproduced, or transmitted from the place of performance, in any manner, or any means whatsoever, without the expressed, written consent of BoothMN / WedPhoria, LLC. Pictures and videotape of the event are permitted for the private use of the contracting party only.

The agreement of the BoothMN / WedPhoria, LLC Representatives (personnel, service providers and contractors) to perform is subject to proven detention by accidents, riots, strikes, epidemics, acts of God, or any other legitimate conditions beyond their control. If such circumstances arise, all reasonable efforts will be made by BoothMN / WedPhoria, LLC to find replacement entertainment at the agreed upon fees. Should BoothMN / WedPhoria, LLC be unable to procure a replacement, Client shall receive a full refund. Client agrees that in all circumstances, BoothMN / WedPhoria, LLC liability shall be exclusively limited to an amount equal to the performance fee and that BoothMN / WedPhoria, LLC shall not be liable for indirect or consequential damages arising from any breach of contract.

By executing this contract as Client, the person executing said contract (agreement), either individually, or as an agent or representative, represents and warrants that he or she is eighteen (18) years of age, and further, if executing said contract as agent or representative, that he or she has the authority to enter into this agreement and should he or she not have such authority, he or she personally accepts and assumes full responsibility and liability under the terms of this contract.

The laws of the State of Minnesota shall govern this agreement. Client agrees to defend, indemnify, assume liability for and hold BoothMN / WedPhoria, LLC harmless from any claims, damages, losses and expenses by or to any person, regardless of the basis, which pertains directly or indirectly to BoothMN / WedPhoria, LLC's performance. In the event that a civil action arises in an effort to enforce any provision of this agreement, the losing party shall pay the attorney's fee and court costs of the prevailing party. Client may not transfer this contract to another party without the prior written consent of BoothMN / WedPhoria, LLC.

 

Photo Booth and Photographer Terms and Conditions

Model/Guest Release:  Client agrees to, and understands the following: All guests using the photographer/ photo booth hereby give to BoothMN / WedPhoria, LLC the right and permission to copyright and use, photographic portraits or pictures of any photographer user 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. PHOTOS WILL NOT BE SOLD OR LICENSED TO ANY STOCK PHOTO OR GIVEN TO ANYONE ELSE WITHOUT PERMISSION. The intent here is to allow the Provider to use photos in promotional materials such as the business website, flyers, business cards, and other such media. It is also to allow the Provider the ability to offer a website where additional copies of the photos can be purchased by the Client and guests. In addition I, hereby release, discharge and agree to save harmless BoothMN / WedPhoria, LLC 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.

Exclusive Photo Booth: BoothMN / WedPhoria, LLC shall be the exclusive professional Photo Booth/Performer during the event. Family and friends of the Client shall be permitted to photograph and record the event as long as they do not interfere with BoothMN / WedPhoria, LLC’s duties.

Reservation, Deposit and Payment: The Client shall make a $45 deposit to retain BoothMN / WedPhoria, LLC to perform the services specified herein. The deposit shall be applied to reduce the total cost. The Balance shall be paid in full 2 weeks before the day of the event. No images will be provided to the client until full payment is made to BoothMN / WedPhoria, LLC. A bounced, partial or stopped check deposit nullifies this contract and the retention of the event date.

Cancellation: Cancellation or a date change must be made in writing at least ninety (90) days in advance of the original event date. Change is subject to BoothMN / WedPhoria, LLC’s availability and receipt of a new Service Contract. If there is no availability for the alternate date, the non-refundable initial investment (deposit) fee shall be forfeited and the booking will be cancelled. If the event is cancelled for any reason and a ninety (90) day notice was not provided by the Client, the Client will be responsible for the total fee indicated on this agreement. Cancellations caused by severe weather on the day of the event, or if roads and businesses are widely closed in the area on the day of the event, Client will be allowed to reschedule without penalty subject to BoothMN / WedPhoria, LLC’s availability on the new date of event. If BoothMN / WedPhoria, LLC is not available for the new date, the non-refundable initial investment (deposit) fee shall be forfeited.

Failure to Perform: If BoothMN / WedPhoria, LLC cannot perform the duties specified in this Agreement due to a fire or other casualty, strike, act of God, or other cause beyond the control of the parties, or due to BoothMN / WedPhoria, LLC’s illness, then BoothMN / WedPhoria, LLC shall return the deposit to the Client but shall have no further liability with respect to the Agreement. This limitation on liability shall also apply in the event that BoothMN / WedPhoria, LLC’s materials are damaged in processing, lost through equipment malfunction, lost in the mail, fire or otherwise lost or damaged without fault on the part of the BoothMN / WedPhoria, LLC. In the event that BoothMN / WedPhoria, LLC fails to perform for any other reason, BoothMN / WedPhoria, LLC shall not be liable for any amount in excess of the retail value of the Client’s order.

Delay or Default: BoothMN / WedPhoria, LLC shall not be liable for any delays or defaults in the performance of any obligations hereunder if such delay or default is due to acts of God, weather, fires, floods, traffic, or any other cause beyond the control or without fault of BoothMN / WedPhoria, LLC.

Requested Photos and Videos: While BoothMN / WedPhoria, LLC will make every reasonable effort to take photos or video specifically requested by the Client. Client understands that most events and guests can’t be completely controlled and that due the vagaries of the weather, available light, and willingness of subjects, BoothMN / WedPhoria, LLC cannot possibly guarantee that any particular requested photo or video will be taken.

Copyright and Reproductions: BoothMN / WedPhoria, LLC shall own the copyright in/for all images and video created and shall have the exclusive right to make reproductions. BoothMN / WedPhoria, LLC reserves the right to use photographs and videos for display, advertising, posting to any of it’s web sites or other purposes. However, the Client has an unlimited non-commercial licence for the use and distribution of the images and videos and will be provided a photo release upon request.

Client’s Usage: The Client may obtain prints and digital copies for personal use only, and shall not sell the photographs or videos. If Client is obtaining a photograph for newspaper announcement of the event, editorial use or web site, BoothMN / WedPhoria, LLC authorizes Client to reproduce the print in this manner. In such event, Client shall run a credit for the BoothMN / WedPhoria, LLC adjacent to the photograph.

Inherent Qualities: Client is aware that color dyes in photography may fade or discolor over time due to the inherent qualities of dyes as well as DVD or CD media which may deteriorate due to delamination and oxidation, and Client releases BoothMN / WedPhoria, LLC from any liability for any claims whatsoever based upon the deterioration due to such inherent qualities.

Other Terms & Conditions: This Agreement incorporates the entire understanding of the parties. Any modifications of this Agreement must be in writing and signed by both parties. Any waiver of a breach or default hereunder shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this Agreement. This Agreement shall be governed by the laws of the State of Minnesota.

BoothMN / WedPhoria, LLC provides backup equipment when possible, however, BoothMN / WedPhoria, LLC cannot guarantee that all equipment will work at performance time. BoothMN / WedPhoria, LLC cannot provide backup equipment for every piece of equipment and cannot guarantee that the backup equipment is functioning properly since we simply cannot test it before every show. BoothMN / WedPhoria, LLC will not be held reliable if any piece of equipment fails during any performance or at any time during the performance. For example: if our cordless microphone system fails, we most likely do not have long enough cords to provide a corded microphone in the area where the cordless microphone was being used, thus if the cordless microphone malfunctions, the event will have to go without a microphone. A corded microphone can be setup for the remainder of the event, but it typically can’t be substituted quickly. So if the microphone fails during a ceremony, the ceremony will have to continue without a microphone.

BoothMN / WedPhoria, LLC has a “no drop” policy. All staff and equipment must always be protected from inclement weather with proper shelter to protect from rain, wind and other elements. If proper shelter is not provided, Client shall be responsible to cover all incurred expenses and damages. Water, moisture, wind and other weather conditions can permanently damage the equipment and in-turn we would not have any equipment to use the rest of the show/event.

If proper shelter cannot or is not provide and it starts to even drip or precipitation falls, the equipment will be taken down or moved to keep it protected from the elements. This is the case regardless of what the situation is... middle of a ceremony, first dance, etc.

 

_____________________________

 

 

After Booking...

BoothMN / WedPhoria, LLC will send you an agreement with the agreed upon terms (the terms that are above are the same terms that are on the agreement) as well as a confirmation that we have reserved your date.

A week or two before your event, you may use the online event planner to help plan your event. We will send you a reminder about the planner and we can be contacted by e-mail or phone anytime after you book to answer questions and help with your planning. We help choose and assign the best DJ or Service Provider for your event based on your tastes and needs.

 

_________________________

 

What Are Electronic agreements and Electronic Signatures?

An electronic agreement is an agreement created and "signed" in electronic form -- in other words, no paper or other hard copies are used. For example, you write an agreement on your computer and email it to a business associate, and the business associate emails it back with an electronic signature indicating acceptance. An e-agreement can also be in the form of a "Click to Agree" agreement, commonly used with downloaded software: The user clicks an "I Agree" button on a page containing the terms of the software license before the transaction can be completed.

Since a traditional ink signature isn't possible on an electronic agreement, people use several different ways to indicate their electronic signatures, including typing the signer's name into the signature area, pasting in a scanned version of the signer's signature, clicking an "I Accept" button, or using cryptographic "scrambling" technology.

Though lots of people use the term "digital signature" for any of these methods, it's becoming standard to reserve the term "digital signature" for cryptographic signature methods and to use "electronic signature" for other paperless signature methods.

In order to complete the booking process, you MUST agree to the above terms by clicking I Agree and e-signing below.