Suggested text: Our website address is: https://hypimage.com.
Suggested text: When visitors leave comments on the site we collect the data shown in the comments form, and also the visitor’s IP address and browser user agent string to help spam detection.
An anonymized string created from your email address (also called a hash) may be provided to the Gravatar service to see if you are using it. The Gravatar service privacy policy is available here: https://automattic.com/privacy/. After approval of your comment, your profile picture is visible to the public in the context of your comment.
Suggested text: If you upload images to the website, you should avoid uploading images with embedded location data (EXIF GPS) included. Visitors to the website can download and extract any location data from images on the website.
Suggested text: If you leave a comment on our site you may opt-in to saving your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies will last for one year.
If you visit our login page, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser.
When you log in, we will also set up several cookies to save your login information and your screen display choices. Login cookies last for two days, and screen options cookies last for a year. If you select “Remember Me”, your login will persist for two weeks. If you log out of your account, the login cookies will be removed.
If you edit or publish an article, an additional cookie will be saved in your browser. This cookie includes no personal data and simply indicates the post ID of the article you just edited. It expires after 1 day.
Suggested text: Articles on this site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.
These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracking your interaction with the embedded content if you have an account and are logged in to that website.
Suggested text: If you request a password reset, your IP address will be included in the reset email.
Suggested text: If you leave a comment, the comment and its metadata are retained indefinitely. This is so we can recognize and approve any follow-up comments automatically instead of holding them in a moderation queue.
For users that register on our website (if any), we also store the personal information they provide in their user profile. All users can see, edit, or delete their personal information at any time (except they cannot change their username). Website administrators can also see and edit that information.
Suggested text: If you have an account on this site, or have left comments, you can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.
Suggested text: Visitor comments may be checked through an automated spam detection service.
Your form has been submitted successfully.
UNDER NO CIRCUMSTANCES SHALL COMPANY, OR ITS OWNERS, EMPLOYEES, CONTRACTORS, OR AGENTS, BE LIABLE TO CLIENT OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF ENJOYMENT, LOSS OF PROFITS, LOSS OF DATA OR IMAGES, OR EMOTIONAL DISTRESS, ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICES PROVIDED, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
COMPANY’S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THIS AGREEMENT, REGARDLESS OF THE FORM OF THE CLAIM, SHALL NOT EXCEED THE TOTAL AMOUNT ACTUALLY PAID BY CLIENT TO COMPANY UNDER THIS AGREEMENT. This limitation reflects an agreed allocation of risk between the parties and is reflected in the fees charged.
(a) Equipment and Technical Issues. The photo booth depends on electronic equipment, software, printing hardware, and, for certain packages, internet or wireless connectivity. Company will make reasonable efforts to keep the photo booth operational for the minimum period described in the Service Period section. In the event of a partial malfunction, mechanical failure, or interruption that is not caused by Client, Client’s sole and exclusive remedy shall be a pro-rated refund of the service fee corresponding to the period during which the photo booth was not operational, and in no event shall any such refund exceed the total amount paid. Company shall not be responsible for the quality or availability of prints, digital files, GIFs, or social-sharing features to the extent they are affected by circumstances beyond Company’s reasonable control.
(b) Conditions Provided by Client. Client is solely responsible for providing the space, level flooring, ceiling clearance, electrical supply, parking, and internet access described in this Agreement, including a minimum ceiling clearance of nine (9) feet for the Magazine Box and a dedicated 15-20 amp electrical outlet within twenty (20) feet of the booth. Company shall not be liable for any failure, delay, reduced service, or inability to operate the photo booth that results from Client’s failure to provide these conditions, and no refund shall be owed in such event.
(c) Circumstances Beyond Control. Company shall not be liable for any failure or delay in performance caused by events beyond its reasonable control, including but not limited to power outages, loss of internet or wireless service, venue restrictions or closures, fire, flood, severe weather, illness, labor disputes, accidents, vehicle breakdown, theft, government orders, or acts of God.
(d) Venue, Guests, and Personal Property. Client is responsible for the conduct of its guests and for the venue in which the Event takes place. Guests use the photo booth and any props at their own risk. Company shall not be liable for any injury, loss, or damage to persons or property occurring at the Event, except to the extent directly caused by Company’s gross negligence or willful misconduct.
(e) Damage to Company Equipment. Client shall be responsible for any loss of, or damage to, Company’s equipment, props, or property caused by Client or its guests during the Event, and agrees to reimburse Company for the reasonable cost of repair or replacement.
(f) Indemnification. Client agrees to indemnify, defend, and hold harmless Company and its owners, employees, contractors, and agents from and against any and all claims, damages, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising out of or related to the Event, the conduct of Client or its guests, or Client’s breach of this Agreement, except to the extent caused by Company’s gross negligence or willful misconduct.
(g) Waiver. To the fullest extent permitted by law, Client waives and releases Company from any and all claims arising out of or related to the Services, other than claims resulting from Company’s gross negligence or willful misconduct. No waiver by Company of any term of this Agreement shall be deemed a continuing waiver or a waiver of any other term.
(h) Setup and Outdoor Events. 2 Hour setup and 1.5 Hour break down. Flat surface required, protection from rain, protection from the wind, temperatures within safe operating limits, adequate lighting if used after sunset. HYP IMAGE may suspend operation if weather threatens equipment or guest safety
The limitations, waivers, and exclusions in this section apply to the fullest extent permitted by applicable law, shall survive the completion or termination of this Agreement, and are in addition to the non-refundable retainer and “All Sales Are Final” provisions stated elsewhere in this Agreement.
