Terms of Service
Please review our terms and conditions for photo booth rental services.
Last updated: January 2025
By filling out the booking form and submitting a retainer, the client ("Client") acknowledges that they have read, understood, and agreed to the following terms and conditions ("Agreement") set forth by The Photobooth Guy ("Provider").
1. Services
Provider agrees to provide photo booth rental services as described in the selected package, which may include prints on a custom template, an attendant, backdrop, props, digital images, and delivery/setup.
2. Location & Delivery of Services
Provider will deliver services to the event location specified by Client at the time of booking. Services will be provided on the event date selected in the booking form unless otherwise arranged in writing.
3. Cost, Fees and Payment
- The total cost ("Total Cost") is based on the package selected by Client.
- A retainer is required at the time of booking to secure the date. Retainers are non-refundable and will be applied to the total cost of your rental.
- The balance is due 1 week prior to the event date.
4. Exclusivity
Client agrees that Provider is the exclusive provider of photo booth and similar services at the event unless otherwise agreed in writing.
5. Intellectual Property
- All copyrights in images, videos, and other works created during the event remain the sole property of Provider under the Canadian Copyright Act.
- Provider grants Client a personal, non-commercial license to use digital and printed photographs/videos for personal purposes only.
- Commercial use requires a separate licensing agreement – please inquire if a commercial license is required.
6. Artistic Release
Client acknowledges that Provider's services involve artistic judgment and style. Dissatisfaction with artistic style or aesthetic judgment does not constitute grounds for refund or termination of this Agreement.
7. Limit of Liability
- Maximum liability under this Agreement is limited to the Total Cost of Services.
- If product(s) are lost or damaged due to Provider's negligence, Provider may refund a prorated portion of the Total Cost. This applies only if before the first delivery of digital or physical products. There are no guarantees that digital products will be held in storage after delivery.
- Client agrees to indemnify and hold Provider harmless from claims or damages related to use of the services.
8. Cancellation, Rescheduling, and No-Shows
- Retainers are non-refundable.
- If Client cancels, reschedules, or fails to show, Client remains responsible for payment of the Total Cost.
- Provider may, at its discretion, excuse part of the balance if the date is re-booked by another client.
9. Impossibility / Force Majeure
Neither party is liable for failure to perform due to events beyond their control, including but not limited to natural disasters, war, government restrictions, or terrorism.
10. Appropriate Conduct / Safe Working Environment
Client agrees to provide a safe and respectful environment for Provider's staff and equipment. Provider reserves the right to immediately terminate services without refund considerations if staff experience unsafe, threatening, or harassing behavior.
11. Governing Law
This Agreement is governed by the laws of Ontario.
12. Dispute Resolution
- Negotiation: Parties agree to attempt good-faith negotiation.
- Mediation: If unresolved, disputes will be referred to mediation in Toronto, Ontario.
- Arbitration: Failing mediation, disputes will be resolved by binding arbitration under the Arbitration Act of Ontario.
13. Severability
If any part of this Agreement is found unenforceable, the remainder remains valid and in full force.
14. Notice
Notices shall be delivered by email.
- Provider: contact@thephotoboothguy.ca
- Client: email address provided at booking
15. Acceptance of Agreement
By completing the booking form and submitting a retainer, Client acknowledges they have read, understood, and agree to these terms and conditions.
Questions?
If you have any questions about these Terms of Service, please contact us:
The Photobooth Guy
340 Mill Rd.
Etobicoke, ON M9C 1Y8
Canada