PHOTO HAUL, LLC AGREEMENT, TERMS, AND CONDITIONS
This Agreement is made by and between Photo Haul, LLC, a Texas Limited Liability Company (the “Company”) and the person, entity, group, or organization hosting an Event for which a Photo Haul, LLC Photo Trailer is scheduled (the “Client”). The “Event” shall be identified by the date, time, and location designated by Client in the form completed in conjunction with this Agreement on Company’s website. (PhotoHaulRentals.com) That form and the information provided by Client on that form is incorporated by reference into this Agreement
THIS DOCUMENT IS A LEGAL AND BINDING CONTRACT BETWEEN CLIENT, OR AGENT OF CLIENT, AND COMPANY.
PLEASE READ THIS AGREEMENT CAREFULLY AND IN ITS ENTIRETY.
LEVEL OF SERVICE: The parties agree that Company shall furnish to Client its Photo Trailer for a max total of 360 MINUTES of photo time. The total time of 360 MINUTES includes 80 MINUTES of time for set up and break down. The Photo Trailer will operate for a total of 280 MINUTES of service. Service shall include, customization of photograph print design, unlimited printing of photographs, instant text messaging of photographs to Event Guests, and the use of props for an agreed fee of $795.00. In the event Company is unable to provide a working Photo Trailer, except because of power outage or any other reason beyond the control of Company, for at least 85% of the agreed upon 280 MINUTES of service time (238 MINUTES), Client will be refunded a prorated amount based upon the amount of time the Photo Trailer was operational.
PAYMENT: Company acknowledges receipt of $100.00 of the fee as a deposit received with this Agreement. Client agrees to pay the remaining fee of $695.00, plus any applicable sales taxes, at least 90 DAYS BEFORE THE DAY OF THE EVENT. Failure of Client to pay will result in a breach of this Agreement, forfeiture of all deposits paid, and will release Company from all obligations in connection with this Agreement. In the event of a breach, Company may schedule another event on the same date and time as Client’s Event. In the event Company does not schedule another event on the same date and time as Client’s Event, and Client pays in full, Company may, in its sole and absolute discretion, elect to honor the terms and conditions of this Agreement with Client.
CANCELLATION AND CHANGE OF EVENT DATE: In the event Client cancels this Agreement up to 90 DAYS BEFORE THE EVENT, Company, in its sole and absolute discretion may refund the deposit. In the event Client cancels this Agreement LESS THAN 90 DAYS BEFORE THE EVENT, Client shall forfeit the entire deposit and any portion of the agreed fee already paid by Client at the time of cancellation. In the event Client fails to cancel this Agreement AT LEAST 90 DAYS BEFORE THE EVENT, Company shall be released from all obligations in connection with this Agreement.
If subsequent to entering this Agreement, Client changes the date of the Event, Company, if available, shall provide the agreed services on the new date. Client may change the date of the Event one time. If, Client requests a second change of Event date, Company may in its sole and absolute discretion, elect to provide services on the new date, or retain the deposits or agreed to fee. In the event of a second change of Event date request, and Company elects not to provide service on the new date and/or retain the deposit or agreed fee, neither Company, nor Client shall have any further liability or obligation under this Agreement. Company shall have no obligation to try to accommodate any change to the Event date.
EVENT SCHEDULE AND LOCATION: Company will work with Client and Event Venue to verify the Event, Event Venue location, date of the Event, the availability of the space and power supply required by the Photo Trailer, and the location the Photo Trailer will be placed at the Event Venue during the event. The Photo Trailer is not wheelchair accessible.
DAMAGE TO COMPANY PROPERTY: If the services to be provided hereunder involve use of any of Company’s property, including but not limited to the Photo Trailer, tablet computers, or other forms of Company property, Client agrees that it shall be liable for any damage caused to such property while such property is located at the Event Venue, including any such damage caused by any Event Guest, except for damage to such property caused by Company or its personnel.
USE OF PERSONAL INFORMATION: To provide the instant text messaging by Company of photographs to Event Guests, Company requires Event Guests to provide their name and phone number. Company will not share that information with any other person or entity. Company reserves the right to use the name and phone number of any Event Guest to deliver targeted advertising, marketing, coupons, newsletters, and other information regarding offers or promotions, and the website of Company.
PERSONAL CUSTOMIZATION OF PHOTO DESIGN: As part of the service Company offers, Client may select one to four photographs for each print, one hashtag to appear on all prints, and a color scheme. Client must complete and confirm the photographic design format TWO WEEKS BEFORE THE DAY OF THE EVENT. In the event Client fails to complete and confirm the photographic design format within this time, Company reserves the right to use any photographic design format.
COPYRIGHTS: The photographs produced by Company are protected by copyright and are not considered works-made-for-hire under the Copyright Act of 1976, Title 17 U.S.C., as amended (the “Copyright Act”). The photographs may not be reproduced, disseminated, or displayed by Client or Client’s Event Guests except for use by Client or Client’s Event Guests in social media. Company retains all ownership and intellectual property rights, including copyright, in and to all photographs and images produced in connection with this Agreement and Company’s services. Upon receipt of full payment of the full agreed fee, Company agrees that Client shall receive a limited license to use, display, and disseminate photographs provided by Company to Client and Client’s Event Guests in social media by Client or Client’s Event Guests. Notwithstanding the foregoing, Client shall not receive a license to commercially exploit or in any way alter such photographs, except as may be separately agreed to in writing between Company and Client.
Client hereby assigns to Company, the irrevocable and unrestricted right to use and publish photographs containing images of Client or Client’s Event Guests which may be used for editorial, trade, marketing, advertising, educational, and any other purpose and in any manner and medium; to alter the same without restriction; and to register the copyright of the same without restriction. Client releases all claims to profits that may arise from use of images by Company. Client acknowledges that Company is relying on Client’s representations that Client has informed all persons present at the Event that images taken by Company at the Event will be retained by Company for its use by Company as described herein, in its sole and absolute discretion.
RESELLING: Client agrees that it shall not charge Event Guests or attendees for services rendered by Company at the Event. Client must obtain written permission from Company prior to selling the photographs taken by Company or charging any individual or entity for the services provided by Company.
SUCCESSORS AND ASSIGNS: The terms and provisions of this Agreement shall be binding on and inure to the benefit of the successors and assigns of the parties.
NON-ASSIGNABLE: This Agreement may be freely assigned by Company to its affiliates or affiliated entities. This Agreement is not assignable by Client without the express consent of Company, which may be withheld in Company’s sole and absolute discretion.
JURISDICTION, VENUE AND GOVERNING LAW: All matters arising out of or relating to this Agreement shall be governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction). Any claim or cause of action arising under this Agreement may be brought only in the federal and state courts located in Austin County, Texas. The parties hereby irrevocably consent to the exclusive jurisdiction of such courts.
SEVERABILITY: If any provision of this Agreement shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
ADDRESSES FOR NOTICES: All notices required herein shall be in writing and sent to Client at the email address designated by Client in the form completed in conjunction with this Agreement on Company’s website (PhotoHaulRentals.com), and to Company at the following email address:
Photo Haul, LLC: Lori Cruz photohaulrentals@gmail.com
INDEMNIFICATION:
CLIENT COVENANTS AND AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS COMPANY AND ITS PERSONNEL, EMPLOYEES PRINCIPALS, AGENTS, AND/OR REPRESENTATIVES FROM ALL CLAIMS, DEMANDS, ACTIONS OR DAMAGE OF EVERY KIND AND NATURE, INCLUDING ATTORNEY FEES AND ALL OTHER COSTS AND EXPENSES NECESSARILY INCURRED, WHICH MAY ACCRUE TO, OR BE SUSTAINED BY COMPANY DUE TO ANY BREACH OF THIS AGREEMENT BY CLIENT OR BY VIRTUE OF COMPANY PROVIDING THE SERVICES DESCRIBED HEREUNDER TO CLIENT, INCLUDING BUT NOT LIMITED TO THE FOLLOWING OCCURRENCES: THEFT OF OR DAMAGE CAUSED TO COMPANY’S EQUIPMENT, PERSONNEL, OR PROPERTY AT THE EVENT SITE BY EVENT ATTENDEES, REGARDLESS OF WHETHER SUCH ATTENDEES ARE PERSONNEL OF CLIENT, EVENT GUESTS, PERSONS ATTENDING THE EVENT IN ANY OTHER CAPACITY, STAFF OF THE EVENT FACILITY, OR ANY OTHER VENDORS HIRED BY CLIENT FOR THE EVENT, RELATED TO PHOTOGRAPHIC MATERIALS BEING DAMAGED IN PROCESSING, LOSS OF PHOTOGRAPHIC MATERIALS DUE TO CAMERA MALFUNCTION, LOSS OF PHOTOGRAPHIC MATERIALS IN THE MAIL, AND PHOTOGRAPHIC MATERIALS BEING STOLEN WHILE OUTSIDE THE CONTROL OF COMPANY.
CLIENT FURTHER COVENANTS AND AGREES TO INDEMNIFY, DEFEND, AND HOLD HARMLESS COMPANY AND ITS PERSONNEL, EMPLOYEES PRINCIPALS, AGENTS, AND/OR REPRESENTATIVES FROM ANY AND ALL CLAIMS, LIABILITIES, EXPENSES, INCLUDING ATTORNEY FEES, DAMAGE TO PROPERTY, OR INJURIES TO OR DEATH OF ANY PERSON OR PERSONS, OR DAMAGES OF ANY NATURE INCLUDING BUT NOT BY WAY OF LIMITATION TO, ALL CIVIL CLAIMS, WORKERS’ COMPENSATION CLAIMS, AND/OR SUBROGATION CLAIMS ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE OPERATION OF COMPANY’S PHOTO TRAILER, AND THE INTENTIONAL OR NEGLIGENT ACTS, ERRORS OR OMISSIONS OF COMPANY, ITS EMPLOYEES, PRINCIPALS, AGENTS, OR REPRESENTATIVES IN THE PERFORMANCE OF THIS AGREEMENT.