Terms &
Conditions

Terms & Conditions

Completing the Booking Agreement constitutes agreement to this contract. You are responsible for reading the entire agreement.

The following agreement and its terms will set forth an agreement between Lit Flix, LLC (provider), and Event host/client (Client), for photo booth services for their event. This written agreement sets forth the full, written intention of both parties and supersedes all other written and/or oral agreements between the parties. Signature on Booking Agreement constitutes agreement to this document.

Service Period and Service Terms. Pursuant to the responsibilities of Client, Provider agrees to have a  functioning photo booth operational for a minimum of 80% during the booking period. Client understands that a functioning photo booth that is operational is a photo booth that is powered on and able to take photos. Client understands that occasionally, operations may need to be interrupted for maintenance of the photo booth. Provider will arrive approximately 30 minutes before the start of the service period. No compensation shall be made for delay caused by client once the staff has arrived at the event location noted on the contract whether due to incorrect address, insufficient power, unclear instructions or otherwise. No compensation shall be made for idle time or lost time resulting from the client’s express permission for the staff to leave before the service time is over or for guests choosing not to use the photo booth. If for any reason on our part (including but not limited to equipment malfunction), we are unable to start your event at the agreed upon time or continue your event, we 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, a prorated refund not exceeding $20 for each hour lost. The quality of photos or prints are subjective and not grounds for refunds. The last photo booth session ends 5 minutes prior to the end service time. Any actions of the guests including but not limited to misuse of props by client or client’s guests including children in any manner that causes harm to another person is the sole responsibility of said person. Client agrees Provider or its owners are not liable or responsible for any actions of the guests or any actions of the Provider staff that is not detailed in their job description. Clients understand that if a meal is not provided for Provider with a booking of four (4) or more hours, Provider attendant shall be entitled to leave the event to locate and purchase a meal.

Clients understand and agree that Provider shall not be answerable or liable in any way to any person not a signatory to this Agreement, including but not limited to, Clients’ parents. 

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 10’ by 10’. It is the Client’s responsibility to ensure access is possible. Photobooth may be placed in an exterior location, provided it is protected from the weather. Client is responsible for providing power to the photobooth (110V, 10 amps, 3 prong outlet). Photo booth setup area should preferably be indoors especially during the day. If outdoors, client should ensure adequate shade from the sun to ensure good lighting of photos. A solid wall is necessary for setup to avoid wind interference. Indoor setup or under a covering such as a tent is mandatory. Event may be cancelled and payment forfeited if an indoor or covered setup is not available upon delivery. Client must provide a canopy if the area for the photo booth has no shade. Client must provide an indoor setup if rain or inclement weather is forecast. Setup area must be free of potential hazardous materials or items.Client must provide a table for the props. Children must be supervised by an adult at all times to avoid injury. Our open-concept photo booth setups are not wheelchair accessible by default. Height adjustment for children or wheelchair must be requested prior to setup. The photo booth once setup must not be moved to avoid potential hazards. Outdoor events are subject to weather, this includes but is not limited to the effects of rain, wind, snow, excessive heat, etc. If there is a negative impact on the booth or equipment adjustments will be made to best fit the scenario. Common adjustments include moving indoors, removing the backdrop and using a structure or open landscape as a replacement, etc. It is the client’s responsibility to provide a tent or sheltered area for events hosted outdoors

WIFI Access. All service packages require Client to provide or guarantee a venue Internet connection of at least (1MB). Provider is not responsible for insufficient social media features below the required Internet speed.

Online Gallery. Upon receiving a downloadable link for high-resolution files, Client accepts all responsibility for archiving and protecting the photographs. Provider 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. Digital image files will only be made available for download in an online gallery for thirty (30) days after the event date unless otherwise specified in service invoice.

Print Out/Customized Designs. If print or customized services are requested, Provider will design a printout or template based on material supplied by Client, including logos, fonts, monograms, and ideas. Provider will provide a draft and one revision, additional revisions will be billed to Client at ($100) an hour.

Cancellation, Rescheduling of Services, or No-Show Client. Clients must provide Provider with a final timeline of events for the event day no less than seven (7) business days prior to the date of the event, and Clients must promptly inform Provider of any additional timeline changes subsequently made.​ Clients must keep Provider apprised of any location or schedule changes or other pertinent changes relevant to Provider’s services.  Time is of the essence in order to ensure that Provider is able to perform its services to the best of its abilities.  Provider must be informed of said changes by phone, with a follow-up email for confirmation.  If an email is sent, confirmation of receipt is required in order to satisfy notification requirements.

If Client desires to cancel Services, reschedule Services, or if it becomes impossible for Provider to render Services due to the fault of the Client or parties related to Client, such as failure of the Event to occur or failure of one or more essential parties to the Event to show up in a timely manner, Client shall provide notice to Provider as soon as possible via the Notice provisions detailed in this Agreement. Provider has no obligation to attempt to re-book further Services to fill the void created by Client’s cancellation, rescheduling, no-show or if it becomes impossible for Provider to provide the Services due to the fault of Client (or parties related to Client), and Provider will not be obligated to refund any monies Client has previously paid towards the Total Cost.  Client is not relieved of any payment obligations for cancelled Services, rescheduled Services, failing to show up for the Event, or should it become impossible for Provider to provide the services due to the fault of Client (or parties related to Client) unless the Parties otherwise agree in writing.   For instance, if Provider is able to secure another, unrelated client for the Event then Provider may choose, at its sole discretion, to excuse all (or a portion of) Client’s outstanding balance of the Total Cost.

In the unfortunate event that either Client individually or both Clients jointly decide to cancel or call off the event for any reason, Provider shall be entitled to retain the non-refundable Retainer Fee identified in this Agreement regardless of when such decision is made, as well as any other payments made by Clients.  Notice of cancellation of the event must be given to Provider in writing.  

Any request for a date, time, or location change must be made in writing at least thirty (30) days in advance of the original event date. Change is subject to photobooth availability and receipt of a new Service Contract. If there is no availability for the alternate date, time, or location, the non-refundable retainer fee shall be forfeited and no photobooth services will be provided. Any cancellation occurring less than fourteen (14) days prior to the event date shall forfeit all payments received.

If Clients have a change of heart for any reason with respect to using Provider’s services, Provider shall be entitled to retain the non-refundable Retainer Fee identified in this Agreement regardless of when such decision is made, as well as any other payments made by Clients.  Notice of change of heart with respect to Provider’s services must be given to Provider in writing.  If such notice occurs less than fourteen (14) days prior to the date of the event, Clients forfeits the remaining balance of the Total Fee, paid to Provider. 

Model Release. Provider reserves the right to use images produced with its photobooth and photobooth software 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 promoting Provider, its services, and other good-faith business purposes. Client grants us permission to use images from Client’s event to promote our business, including but not limited to, use on our website, blog, social media, and print marketing materials. Client waives any right to any payment, royalties or any other consideration for the use of the images. Client waives the right to inspect or approve the finished product, including written or electronic copy, wherein Client’s likeness appears. Client hereby holds harmless, releases and forever discharges us from all claims, demands, and causes of action which Client, his/her heirs, representatives, executors, administrators, or any other persons acting on Client’s behalf or on behalf of the Client’s estates have or may have by reason of this authorization. Provider respect Client’s privacy and requests to be notified upon agreement signature if Client would like Client’s photos to be kept private and not used.

Damage To Provider Property. If the services to be provided hereunder involve use of any of the Provider’s property, including but not limited to the photo booth, tablet computers, or other forms of Provider property, the Client agrees that it shall be liable for any damage caused to such property while such property is located at the Event site, including in the event that such damage is caused by any Event attendee or invitee of the Client including children, except for damage to such property caused by the Provider or its personnel. Client agrees that its liability under this section shall not be limited to the liquidated damages otherwise provided for herein. 

Disclaimer. The Provider disclaims any and all liability and the Client agrees that the Provider shall have no liability due to causes beyond the control of the Provider including but not limited to obtrusive guests, the lateness of the Client or guests, weather conditions, schedule complications, incorrect addresses provided to the Provider, incorrect dates provided to the Provider, rendering of decorations, or restrictions of the locations. The Provider is not responsible for backgrounds or lighting conditions which may negatively impact or restrict the photo coverage. The Provider disclaims any and all liability, and the Client agrees that the Provider shall not be liable for not photographing the entirety of the Event or any specific individual or object present at the Event.

Authorizations. The Client represents and warrants to the Provider that it has obtained any and all necessary authorizations, permits, licenses, or other agreements from the Event venue and each and every guest attending such Event, such that the Provider has full rights to take and use the photographs in connection with providing the services requested by the Client hereunder.  This includes, but is not limited to, any protected intellectual property, such as copyrights, trademarks, rights of publicity, or architecture rights, that may appear in the photographs taken by the Provider or its equipment (including any such intellectual property present in the background of such photographs based on the location of the Event venue or the venue itself), and the permission necessary to take and disseminate such photographs.  The Client agrees to indemnify, defend, and hold Provider harmless for any breach of this section.

Reselling. The Client agrees that it shall not charge Event guests or attendees for services rendered by the Provider at the Event. The Client must obtain written permission from the Provider prior to selling the photographs taken by the Provider or charging any individual or entity for the services provided by the Provider. Notwithstanding the foregoing, this section shall not apply to any admission or other type of entrance fee that the Client charges for admission to the Event.

Limitation of Liability; Waiver

UNDER NO CIRCUMSTANCES, EXCEPT AS OTHERWISE STATED IN THIS AGREEMENT, WILL THE PROVIDER, ITS PARENT PROVIDER, NOR ANY OF THEIR EMPLOYEES, MANAGERS, OFFICERS, OR AGENTS BE LIABLE TO THE CLIENT FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE PHOTOBOOTH SERVICE; (B) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS, INCLUDING WITHOUT LIMITATION, ANY INTELLECTUAL PROPERTY RIGHT, PUBLICITY, CONFIDENTIALITY, PROPERTY OR PRIVACY RIGHT; (C) ANY ERRORS OR OMISSIONS IN THE SERVICE’S OPERATION; OR (D) ANY DAMAGE TO ANY USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY. IN NO EVENT WILL THE PROVIDER BE LIABLE TO CLIENT OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO CLIENT. 

CLIENT AGREES TO DEFEND (AT PROVIDER’S REQUEST), INDEMNIFY, AND HOLD THE PROVIDER, ITS PARENT PROVIDER, EMPLOYEES, MANAGERS, OFFICERS, AND AGENTS, HARMLESS FROM AND AGAINST ANY CLAIMS, LIABILITY, DAMAGES, LOSES, AND EXPENSES, INCLUDING WITHOUT LIMITATION, REASONABLE ATTORNEY’S FEES AND COSTS, ARISING OUT OF OR IN ANYWAY CONNECTED WITH ANY OF THE LIABILITY STATED ABOVE, INCLUDING BUT NOT LIMITED TO ANY ACTION TAKEN IN CONNECTION WITH THE MODEL RELEASE PROVIDED IN THIS AGREEMENT, COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS, INCLUDING WITHOUT LIMITATION, ANY INTELLECTUAL PROPERTY RIGHT, PUBLICITY, CONFIDENTIALITY, PROPERTY OR PRIVACY RIGHT.

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 this contract and shall not affect the validity and enforceability of any remaining provisions, or portions thereof. This is the entire agreement between 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 disputes via arbitration or small claims court. In the event Provider is unable to supply a working photo booth for at least 80% of the Service Period, Client shall be refunded a prorated amount based on the Service Period Clause of this contract. By signing this agreement client agrees to be bound by the terms of the agreement. Sending this agreement to the client constitutes provider’s agreement with its terms.

Virtual Photo BoothTerms of Use

About: 
Lit Flix, LLC., operating as Lit Flix Booths provides virtual photo booth services (“Service”) for event organizers, planners, and organizations (“Organizers”) who are planning virtual events. The Service allows users to upload images and/or pictures which are then rendered into customized digital photos that are provided to the organizers. The Service can be accessed by natural persons who have access to the subject events unique webpage that hosts the Service. Organizers, Attendees, and other visitors and browsers of the Service collectively referred to as “Users” or “you.”

Use of Service: 
By using the Service, you represent and warrant that

• you are 18 years of age or older;
• have the ability to form a binding contract;
• your use of the Service does not violate any applicable law or regulation or any obligation you may have to a third party;
• your use of the Service shall be in compliance with all applicable laws and regulations;
• you are solely responsible for obtaining the consent of the parent or guardian before transferring us any information, including images, of any children

The Service requires you to possess a device with a working camera (computer, laptop, tablet or smartphone), Internet access, a web browser, and may require obtaining updates or upgrades from time to time. Because use of the Service involves hardware, software, and Internet access, your ability to access and use the Service may be affected by the performance of these factors. High speed Internet access is recommended. You agree that such system requirements, which may be changed from time to time, are your responsibility.

User Content: 
The Service allows you to upload certain content including but not limited to Images, photos, and videos. All content uploaded by you is referred to as “User Content.”You are and shall remain at all times fully and solely responsible for any User Content you upload to the Service.

User Data and Privacy: 
All User Content and information that you provide to us through the Service is subject to Lit Flix’s Privacy Policy, available at https://www.litflixbooths.com/privacy-policy . In order to use the Service, you will be required to grant the Service permission to access your device’s camera. You may revoke the Service’s access to your device’s camera anytime in your web browser settings. You are fully and solely responsible for the security of your computer system and/or mobile phone and/or other device and all of your activity on the Service. User Content may be retained by Lit Flix and/or the Organizers. You may ask Lit Flix to delete any User Content, including images or videos, by sending an email to info@litflixbooths.com specifying your request.

User Content Restriction: 
Without limiting the foregoing, you agree that you will not transmit, submit or upload any User Content or act in any way that:
(a) restricts or inhibits use of the Service;
(b) violates the legal rights of others;
(c) infringes (or results in the infringement of) the intellectual property, moral, publicity, privacy, or other rights of any third party;
(d) is (or you reasonably believe or should reasonably believe to be) stolen, illegal, counterfeit, fraudulent, pirated, unauthorized, or violent;
(e) does not comply with all applicable laws, rules and regulations;
(f) imposes an unreasonably or disproportionately large load on our infrastructure; or
(g) posts, stores, transmits, offers, or solicits anything that contains the following, or that you know contains links to the following or to locations that in turn contain links to the following:

• Material that we determine to be offensive (including material promoting or glorifying hate, violence, bigotry, or any entity past or present principally dedicated to such causes or items associated with such an entity);
• Material that is racially or ethnically insensitive, or that is defamatory, harassing or threatening;
• Pornography or obscene material, and anything depicting children in sexually suggestive situations whether or not depicting actual children or may be harmful to a minor,
• Any virus, worm, Trojan horse, or other harmful or disruptive component; or
• Anything that encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or regulation or is otherwise inappropriate or offensive.

Limitation of Liability: 
In no event will Lit Flix be liable for any consequential, indirect, special, incidental, or punitive damages, including without limitation damages for loss of profits, goodwill, use,
data or other intangible losses, arising out of or in connection with the use of the Service, and any data derived through such Service, whether based on breach of
contract, breach of warranty, tort (including negligence, product liability or otherwise), or any other pecuniary loss, whether or not Lit Flix has been advised of the possibility of such damages.

Indemnification: 
To the maximum extent permitted by applicable law, you agree to hold harmless and indemnify Lit Flix and its subsidiaries, affiliates, officers, agents, licensors, or other partners, and employees from and against any third-party claim arising from or in any way related to your use of the Service and any data derived through the Service, including any liability or expense arising from all claims, losses, damages (actual and/or consequential), suits, judgments, litigation costs and lawyers’ fees, of every kind and nature.

Disclaimers: 
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether
express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance. Lit Flix, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Governing Law: 
These terms and conditions shall be governed by and construed in accordance with the laws of the State of Georgia.

Questions About our Policies: 
We welcome your questions, comments, and concerns about these terms. Please contact us at info@litflixbooths.com if you have any questions or concerns.