Terms

This AGREEMENT is made by and between the party requesting services, hereinafter referred to as the “Client”, and NICE VIBE EVENTS, hereinafter referred to as the “Company”.

NOW THEREFORE, in consideration of the promises and the agreements herein contained and intending to be legally bound hereby, the Parties agree as follows:

1. SCOPE OF SERVICE

• The Client hereby engages the Company and the Company hereby agrees to provide the event service, hereinafter referred to as the “Service”, as agreed.
• The said Service shall consist primarily of providing event services such as but not limited to photography, audio and visual services.
• By request, the Company hereby agrees to render professional services as agreed and is at all times to have complete control of the Service.
• The Parties hereby agree that the Service shall be provided and accepted upon and only upon receipt of the reservation fee as agreed.

2. COMPENSATION

The Client, in consideration of the Service to be rendered by the Company and the mutual promises contained herein, hereby agrees to pay the Company the following consideration:

• A reservation fee or deposit is required to secure the Company and the Service for the event. This amount shall be applied toward the total cost for the time frame outlined as agreed.
• Services requested that exceed the time frame outlined above shall be charged at the rate of $250.00 per hour, payable the day of the event. It may not always be possible to provide additional time, however, when feasible, requests for extended time shall be accommodated.
• Client shall make final payment 48-hours prior to the event by credit card, cash, or check.
• Client is responsible for paying any charges imposed by the venue either to the Client or the Company. These charges may include but are not limited to parking, use of power, security, additional insurance, and fire marshal (if applicable).
• This agreement guarantees that the Company shall be ready to perform Services at the start time of the event. No guarantee is made as to the Company’s time of arrival. However, the Company requests that they be permitted at least two hours before the event and one hour after the event for operations. If the Client or venue requires the Company to complete operations more than one hour before the start time or to postpone take-down more than a half-hour after the end time indicated, the additional time shall be charged at the rate of $ 50.00 per half-hour.

3. PHOTOGRAPHY, AUDIO AND VISUAL PROVISION

• Reservation fee is non-refundable if venue officials prevent photo booths, photography or videotaping. It is the responsibility of the Client to secure the permission of the venue for these services. Company shall abide by all rules of the venue regarding placement of photo booths, cameras, or video equipment during the event. Permission of venue officials is required before equipment setup.
• Client shall provide Company with music selections, photos, and videos for all elements in the photo booth strips and finished video. Copyright issues are not the responsibility of Company.
• Company reserves the right to use any or all of the photography and video footage for promotional or other purposes and owns all raw and edited footage. A copy of the edited footage is made available to the Client.
• Company shall produce a finished product in good quality and makes no guarantees in regard to aesthetic qualities of the completed project. Client agrees that the finished product is a creative work, and as such, reasonable artistic discretion shall be used in the capture and editing of the finished product.
• Finished product shall be prepared and ready for delivery no later than six (6) to eight (8) weeks after the date of the event.

4. TERMS AND CONDITIONS

• Reservation fee is non-refundable if cancelled within 90 days of the event unless Company cancels the event service.
  Client shall be charged $30.00 for each bounced check plus a $10.00 service charge for each collection notice. In the event of non-payment, the Company retains the right to attempt collection through the courts. Client shall be held responsible for all court fees, legal fees, and collection costs incurred by the Company.
• The Company shall, at all times, have complete control, direction and supervision of the Services at this event and Company expressly reserves the right to control the manner, means and details of the Service.
• It is understood that this is a “Rain or Shine” event and the Service compensation is in no way affected by inclement weather. For outdoor Services, Client shall provide overhead shelter for setup area. The Company reserves the right, in good faith, to stop or cancel the Services should the weather pose a potential danger to him, the equipment, or audience. Every effort shall be made to continue the Service, however, safety is paramount in all decisions. The Company’s compensation shall not be affected by such cancellation.
• The Client and the Company agree that this agreement is not subject to cancellation unless both parties have agreed to such cancellation in writing. In the event the Client breaches the agreement, he or she shall pay the Company the amount set forth above as the final balance as liquidated damages, 6% interest thereon, and a reasonable attorney’s fee.
• The agreement of the Company to provide the Service is subject to proven detention by accidents, riots, strikes, epidemics, pandemics, acts of God, or any other legitimate conditions beyond their control. If such circumstances arise, all reasonable efforts shall be made by the Company to find a replacement to provide the Services at the agreed upon cost. Should the Company be unable to procure a replacement, Client shall receive a full refund. Client agrees that in all circumstances, Company liability shall be exclusively limited to an amount equal to the final balance and that the Company shall not be liable for indirect or consequential damages arising from any breach of this agreement.
• It is hereby agreed that the Client shall be held liable for any injury or damage to the Company staff or the property of the Company, while on the premises of the event, if damage is caused by Client or guest, members of Client’s organization, event invitees, employees, or any other party in attendance, whether invited or not.
• In the event of circumstances deemed to present a threat or implied threat of injury or harm to the Company staff or any equipment in the Company’s possession, the Company reserves the right to cease the Service. If the Client is able to resolve the threatening situation in a reasonable amount of time (maximum of 15 minutes), the Company shall resume the Service 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 the Company resumes the Service.
• This agreement is binding only upon receipt of the reservation fee as agreed. Oral agreements are non-binding. By executing this agreement as Client, the person executing said 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 agreement as agent or representative, that he is she has the authority to enter into this agreement and should he or she not have the authority, he or she personally accepts and assumes full responsibility and liability under the terms of this agreement.
• Client may not transfer this agreement to another party without the prior written consent of the Company. This agreement contains the entire agreement between the parties and no statement, promises, or inducements made by any party hereto, or agent or representative or either party hereto, which are not contained in this agreement, shall be valid or binding. This agreement shall not be enlarged, modified, or altered except in writing by both parties and endorsed heron. This agreement shall supersede any other agreement. If any part of this agreement is illegal or unenforceable, the remaining provisions of this agreement shall remain valid and enforceable to both parties.
• The laws of the State of Texas shall govern this agreement. In the event of suit involving or relating to this agreement, Client agrees that venue shall be in Harris County, Texas. Client agrees to defend, indemnify, assume liability for and hold the Company harmless from any claims, damages, losses and expenses by or to any person, regardless of the basis, which pertains directly or indirectly to the Company’s Service. In the event that a civil action arises in an effort to enforce any provisions of this agreement, the losing party shall pay the attorney’s fee and court costs of the prevailing party. The Company may elect not to exercise their rights as specified in this agreement. By doing so, the Company does not waive their right to exercise those options at a future date.

THE PARTIES hereto promise to abide by the terms of this agreement and intend to be legally bound thereby.