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.