Terms and Conditions – Oh! Fotomaton Malaga – August 2024

The Provider – Oh! Fotomaton Malaga

The Customer – The person booking OH FOTOMATON MALAGA for their event.

This written contract sets forth the full, written intention of both parties and supersedes all other written and/or oral agreements between the parties.

DESIGNATION OF EVENT

The Customer appoints The Provider to provide photo booth photography services at an event mentioned in the Online booking form submitted by Customer. The Event will be held on the date, from the start time and to end time specified in the mentioned online booking form. The Provider agrees to arrive at least at least 45 minutes before the service start time. 

PAYMENT

The “Total Cost” depends on the package chosen by the Customer:

Rental Packs

Standard pack, 3 hours service, basic party props, single backdrop, € 499

Premium pack, 4 hours service, basic party props, single backdrop, € 625

Premium big pack, 5 hours service, basic party props, single backdrop, € 750

Glam B&W Standard pack, 3 hours, white backdrop, € 690

Glam B&W Standard pack, 4 hours, white backdrop, € 830

Glam B&W Standard pack, 9 hours, white backdrop, € 970

All packs include: 1 single backdrop, customized photo layout (photo collage with your names or logos; a collage is a collection of photo images arranged together in a single composition), unlimited single photographs and two prints of each photo collage , one medium size scrap book album. Online gallery will be ready 7 days after the event during 6 months.

Add-ons

Double backdrop € 60, one event, 2 different backdrops 

Champagne rose sequins backdrop € 95.

Pink Champagne sequins backdrop € 60

Iridescent shimmer wall backdropExtra Party props pack € 150

Extra Party props pack € 60

Flamenco props pack € 60

Glam B&W props pack € 60

Funny Animals props pack € 60

Extra album 33x22 cm € 20

Audio guest book rental: € 299/4 hours. Special price: Audio guest book rental during your photo booth hire: € 160/4 hours. Audio messages are delivered in less than 7 days after the event takes place.

The client may request Idle time at a rate of € 50 every 30 minutes.

All packs include free delivery of the photo booth for events celebrated in Malaga city or within 40 Km distance from Rincon de la Victoria (for longer distances the cost is 0,40€/km)

The Total Cost consists of the following payments: 1. EUR 150 Deposit (or Retainer Fee) and 2. Final Payment of the rest. 

(a) The first payment is a deposit/retainer fee of EUR 150. Client is obligated to pay the retainer fee in full upon the Effective Date of this contract. The retainer fee is non-refundable, regardless of interference of the Event due to force majeure. The Parties acknowledge that the retainer fee fairly compensates the Provider for committing to provide its services and for turning down other potential projects or clients. 

(b) The second payment amounts to the remainder of the Total Cost. Client is obligated to provide the second payment at least 3 days before the event by bank transfer or by cash at least 2 hours prior to the event start. 

Customer may add on extra hours during their rental period at the rate of EUR 150/hour, the payment of that amount is required before the start of the extra hours.

ACCESS, SPACE & POWER FOR PHOTO BOOTH

Customer will arrange for an appropriate space for the Photo Booth at event’s venue. (3m x 3m wide x 2´5 m high). Customer is responsible for providing power for the Photo Booth.

At least one (1) week prior to the Event, Client must provide to Vendor a layout plan of the photo booth space via email. It is the Client’s responsibility to ensure Vendor has a suitable space to set up the photo booth. The area where the photo booth is to be set up is reasonably accessible (elevator access required if not on the ground floor). The space must be level, solid, and at least 9 ft. x 9 ft. x 9 ft. The photo booth may be placed at an outdoor location, so long as it is protected from the potential effects of adverse weather conditions.  Photo Booth can NOT be placed outdoors if the temperature is above 85 Fahrenheit degrees (30 Celsius degrees).  If photo booth is placed outdoors, photo booth MUST be covered overhead, and covered on at least 2 sides. Photo booth cannot be in direct sunlight.

It must be covered from rain, sleet, snow, hail and any and all precipitation. Photo Booth backdrops can NOT be outdoors with winds above 10 MPH (16 km/h). Client is responsible for ensuring the photo booth has access to adequate power (110-240 VCA, 2 prongs outlet).

DIGITAL/PRINT OUT DESIGNS.  

Provider will design one print/digital template, using media such as logos, fonts, monograms, and the like that are provided by the client. If Client desires the digital/print template and overlay designs to be based on certain or particular materials, these materials must be provided to Vendor at least one (1) month in advance of the Event unless otherwise agreed by the Parties. Provider will provide Client with one draft and one revision of the printout designs. Additional revisions will be charged to Client at a rate of €25 per revision.

DATE CHANGES & CANCELLATIONS

Any request for a date change must be made in writing at least thirty days in advance of the original event date. Change is subject to photo booth availability and receipt of a new booking contract. If there is no availability for the alternate date, the deposit shall be forfeited and event cancelled. Any cancellation will forfeit any deposit payment made or if no deposit made then 20% of the invoice is due if outside the cooling off period (7 days). In the event that the Customer cancels the event without prior request to the Provider, the customer agrees that they are liable for the full payment of the invoice. Your final payment is non refundable unless Oh Fotomatón Malaga do not provide a photo booth hire for you. In the case of adverse weather conditions and the Provider is unable to reach the event then any payment will be hold on account and can be used for an alternative event or a full refund will be made if the event was a non-corporate event i.e. a wedding or a party etc.


PERFORMANCE OBLIGATIONS

Operation of Photo Booth. Provider agrees to provide photo booth photography services at the Event. Customer acknowledges that the photo booth will be operational for the time period specified; however, in some situations operations may need to be interrupted for maintenance, service, and/or photography optimizations. Photo Booth must be operating at least 85% of the contracted time.

Photo booth hours rented are consecutive and cannot be divided unless idle time is added into the contract/proposal. Client agrees that when the contracted period outlined in this agreement is completed, Provider will break down, disassemble, and remove the photo booth from the premises.

The photo booth may be placed at an outdoor location, so long as it is protected from the potential effects of adverse weather conditions. Photo booth cannot be in direct sunlight. Photo Booth backdrops can NOT be outdoors with winds above 8 MPH.

DAMAGE TO PROVIDER’S EQUIPMENT

Customer acknowledges that it shall be responsible for any damage or loss to the Provider’s Equipment caused by any misuse of the Provider’s Equipment by Customer or its guests. In order to protect the equipment, no food or drinks of any kind are permitted in the photobooth space.

INDEMNIFICATION

Customer agrees to, and understands the following:

a) Customer will indemnify Provider against any and all liability related to Customer’s Event during or after Customer’s event. 

Customer will indemnify Provider from the time of service and on into the future, against any liability associated with Customer.

b) Customer will indemnify Provider against any and all liability associated with the use of pictures taken within the Photo Booth its representatives, employees or affiliates at Customer’s event.

c) The props are a free addition to the photo booth hire and if for any reason the free additions are not working or unavailable the customer is not entitled to a refund and accepts this.

d) In the unlikely event of your digital images being corrupt, lost or stolen Oh Fotomatón Malaga will compensate up to the total value of €100.

e) Children must be accompanied by an adult. 

f) In the unlikely event that the printer fails to print then Customer accepts that Provider will post the images no later than 2 weeks after the event (the booth will always continue to capture images).

g) Provider only supply the images in the format that they are printed on the day

Customer agrees to, and understands the following: All guests using the photo booth hereby give to Oh Fotomatón Malaga the right and permission to copyright and use, photographic portraits or pictures and email addresses of any photo booth 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. In addition, I, hereby release, discharge and agree to save harmless Oh Fotomatón Malaga, 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.