TERMS AND CONDITIONS

These Terms & Conditions govern the use of services provided by HYP Image (“HYP Image,” “we,” “us,” or “our”), including photo booth rentals, mobile photo services, digital photo booths, Glam booths, GIF booths, 360 booths, Magazine booths, and related event services. By booking our services, you (“Client,” “you,” or “your”) agree to these Terms & Conditions.

1. Booking and Reservations

A booking is considered confirmed once HYP Image has received the required booking information and any applicable deposit or payment specified in the selected package or agreement. Availability is not guaranteed until the booking has been confirmed.

The Client is responsible for providing accurate event details, including the event date, venue, location, start and end times, contact information, and any other information needed to provide the services.

Any changes to the event details should be communicated to HYP Image as soon as possible. Changes may be subject to availability and may affect the agreed price or services.

2. Payment

The total price for services will be based on the package, services, duration, location, customization, and other details agreed upon at the time of booking.

Any required deposit, balance, or additional charges must be paid according to the payment schedule provided by HYP Image. Services may be withheld or canceled if required payments are not received by the applicable deadline.

Additional services, extended rental time, travel, customizations, or other requests made after booking may result in additional charges.

3. Cancelation and Rescheduling

Cancelation and rescheduling requests must be submitted to HYP Image in writing. Any applicable cancelation fees, refund eligibility, or rescheduling conditions will be determined according to the booking agreement and the circumstances of the request.

Rescheduled events are subject to HYP Image’s availability. If the requested date is unavailable, the booking may be treated as a cancelation.

4. Venue and Event Requirements

The Client is responsible for ensuring that the event venue permits photo booth services and provides any necessary access, permissions, or approvals.

The Client must provide a suitable space for the booth and any required equipment, along with reasonable access to the venue for setup and breakdown. Where applicable, the Client is responsible for ensuring access to a suitable electrical outlet, adequate space, and a safe operating environment.

HYP Image may decline to operate equipment in an area that presents an unreasonable safety risk or could cause damage to the equipment.

5. Setup and Event Timing

HYP Image will make reasonable efforts to arrive with sufficient time to prepare the equipment before the scheduled service period. The Client is responsible for ensuring timely access to the venue.

The contracted service period begins and ends at the times specified in the booking agreement. Delays caused by the Client, venue, guests, traffic, restricted access, or circumstances outside HYP Image’s reasonable control may reduce the available service time.

Additional operating time may be available at an additional charge, subject to availability.

6. Equipment and Property

All equipment supplied by HYP Image remains the property of HYP Image or its applicable equipment provider.

The Client is responsible for reasonable care of the equipment while it is being used at the event. The Client may be responsible for repair or replacement costs resulting from intentional damage, misuse, theft, or negligent acts by the Client, guests, or other persons under the Client’s responsibility.

7. Guest Conduct

HYP Image expects all guests to use the equipment responsibly and follow reasonable instructions provided by HYP Image staff.

HYP Image reserves the right to stop service or remove equipment from use if guests engage in unsafe, abusive, threatening, destructive, or inappropriate behavior.

HYP Image staff are not responsible for supervising children or event guests.

8. Photos and Digital Content

Photo and video content created through HYP Image services may be delivered in the format and manner specified in the selected package.

The Client is responsible for ensuring that guests understand that photography, video, GIF, or other visual content may be created during the event. HYP Image is not responsible for obtaining individual guest permissions unless specifically agreed upon as part of the booking.

Where applicable, HYP Image may use event images or other content for its portfolio, website, social media, advertising, or other promotional purposes in accordance with applicable law. Clients who do not wish to permit promotional use should notify HYP Image before the event and confirm any applicable restrictions in writing.

9. Customization and Branding

Custom backdrops, overlays, templates, branding, props, and other personalized elements are subject to the specifications agreed upon during booking.

The Client is responsible for providing accurate logos, names, dates, wording, and other materials required for customization. HYP Image is not responsible for errors resulting from inaccurate or incomplete information supplied by the Client.

10. Force Majeure

HYP Image will not be liable for failure or delay caused by circumstances beyond its reasonable control, including severe weather, natural disasters, accidents, venue closures, government restrictions, transportation disruptions, equipment emergencies, or other unforeseen events.

Where reasonably possible, HYP Image will work with the Client to reschedule the service or determine an appropriate alternative.

11. Limitation of Liability

HYP Image will make reasonable efforts to provide the services described in the Client’s booking. However, HYP Image is not responsible for interruptions or failures caused by circumstances outside its reasonable control, venue conditions, internet or power failures, guest behavior, or other third-party circumstances.

To the extent permitted by law, HYP Image’s liability relating to a booking will be limited to the amount actually paid by the Client for the affected services.

12. Contact Information

For information about this or other pages, please contact us at: hypimage1@gmail.com.

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LIMITATION OF LIABILITY; WAIVER

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. 

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