BEEZY BOOTH MASTER SERVICE AGREEMENT
The following Master Service Agreement (MSA) and its terms will set forth an agreement between Beezy Booth LLC (The Provider) and The Client for Contracted Services outlined in the final invoice. This written MSA sets forth the full, written intention of both The Provider and The Client (collectively know as The Parties) and supersedes all other written and/or oral agreements between The Parties prior to the signing of this MSA.
In addition, Provider Attendant(s) may assist The Provider with all elements of Contracted Services. Provider Attendant(s) may set‐up, take down, and/or provide Contracted Services responsible by The Provider.
CONTRACTED SERVICES AND SERVICE PERIOD
The Provider agrees to have Contracted Services operational for a minimum of 85% during the Service Period as occasionally, operations may need to be interrupted for maintenance and/or clean‐up of the equipment. The Provider will arrive a minimum of 30 minutes prior, but The Client must allow up to two hours prior to the start time outlined above, to set‐up the Contracted Services and complete test runs. Unforeseen incidents out of The Providers control will be communicated to The Client. Discounts or refunds resulting in less than 85% of the Service Period may be negotiated between The Parties and reflected in the final Invoice.
The Provider will complete the take down of the Contracted Services and The Client must allow up to 60 minutes after the service end time for this.
If The Client requests additional time more than the Service Period stated above, either before or on the day of the event, the overage in Contracted Service time will be billed to The Client at the rate outlined for the Contracted Service Package. Payment for any overage in time must be paid before additional hours are provided. The Provider reserves the right to decline additional hours. Extended time payments will be reflected in the final Invoice.
PAYMENTS & BOOKING DEPOSIT
A Booking Deposit is due upon completion and signing of this MSA. Booking Deposits become Non-Refundable Deposits 30 days prior to the event, regardless of when the booking is made. The deposit amount is dependent on the Contracted Service Package chosen and will be applied to the remaining balance. The event date and time frame are reserved once the Booking Deposit and the completed Service Agreement are received. Any remaining balance is due no later than 3 days in advance of The Client’s Event Date. If the remaining balance has not been collected by this due date, then The Provider reserves the right to cancel services for the event.
Payments accepted at this time are Credit/Debit Card via Stripe, PayPal, Zelle, and Venmo.
Exceptions:
Checks will only be accepted by organizations representing The Client with notice made to The Provider prior to the signing of the MSA.
Organizations that require Net 30 or services rendered before payment, will be provided a final invoice no later than 3 days after the event date. Payment for services will not exceed 30 days from when the date the final invoice was communicated to The Client. Deposits will be zeroed out for organizations participating in Net 30 or requiring services rendered. If an event subject to this exception is cancelled by The Client up to 30 prior to the event date, a 25% cancellation fee of the total amount due will be invoiced. Payment for the 25% cancellation fee will not exceed 30 days from when the final invoice was communicated to The Client.
ACCESS, SPACE, & POWER FOR CONTRACTED SERVICES
The Client will arrange for an appropriate space for the Contracted Services Equipment at the event's venue. This includes a minimum 10’ W x 10’ L x 10' H area for safe operation. The Contracted Services Equipment also requires a 120V, 10 amps, 3 prong power outlet from a reliable power source within 20 feet of the set-up area. The circuit must be free of all other connected loads. Any delay in the performance or damage to the Contracted Services Equipment due to improper power is the responsibility of The Client.
The Client shall provide crowd control for their guests as to not interfere with Contracted Services Operations. The Client shall furnish The Provider with an itinerary for the event if any deviation from the service period is requested. The Client shall ensure the The Provider has safe and appropriate working conditions.
INDOOR EVENTS
If the Contracted Services Equipment is staged indoors, the environment must be in the following conditions during set-up/operation/takedown:
Completely dry, air and floor
Must be on a flat and even surface
Ambient air temperature not to exceed 85 degrees Fahrenheit
Elevator and/or ramp access to the level where the event is taking place. The Contracted Services Equipment and its elements cannot be moved safely up or down stairs or escalators
OUTDOOR EVENTS
If the Contracted Services Equipment is staged outdoors, the environment must be in the following conditions during set-up/operation/takedown:
Completely dry, air and floor
Must be on a flat and even surface
Not staged on natural grass, dirt, gravel, or sand
Near areas where excessive dust or particles can be kicked up and become detrimental to the Contracted Service Equipment
Protected from high wind, high heat, extreme cold, and direct sunlight.
Protected from moisture due to inclement weather such as rain, fog, mist, or dew
Must not be below 60 degrees Fahrenheit or above 85 degrees Fahrenheit, The Provider’s equipment must operate within a safe temperature range to work well and prevent internal damage and the interruption Contracted Services
DATE CHANGES & CANCELLATIONS
Any request for a date change must be made as soon as possible in advance of the original event date. Change is subject to Contracted Services availability and receipt of an amended MSA. If there is no availability for the alternate date, the Contracted Service will be cancelled.
Booking Deposits are not refundable up to 30 days prior to the event, regardless of when the booking was made.
Events cancelled by or due to the actions/inactions The Client within 7 days of the event date will be subject to a 15% fee, deducted from the refunded payment.
Events cancelled by or due to the actions/inactions The Client within 3 days of the event date will be subject to a 25% fee, deducted from the refunded payment.
If The Client cannot meet the terms in this MSA at any time during set-up/operation/takedown, The Provider reserves the right to end the Contracted Service. No refunds will be provided.
IDLE HOURS
Idle hours can be arranged between The Parties at a discounted rate. An example of Idle Hours is when the Contracted Services is booked for 4 hours, where the booth is operational from 5pm‐6p, then from 7pm‐10pm. During the time between, 6pm‐7pm, the Contracted Service will be in an idle state to allow guest participation for The Client's event. Idle hours will be charged at a rate of $50 per hour. This is usually reserved for meals, speeches, etc. Idle Hours will be treated as a Contracted Service and must be arranged no later than 3 days prior to the event. During idle hour(s), guests will be respectfully turned away from Contracted Service Operations at the behest of The Client or the Contracted Services will be shut down to not allow interaction.
If The Provider is required to arrive or depart outside of normal set‐up and take down time at the request of The Client, then Idle Hours will be charged.
TRAVEL COSTS
Travel costs are not charge if the event venue is located within a 30 mile radius from zip code 85017. Travel costs will be charged for any event that extends further than a radius of 30 miles from 85017. The travel cost is set at $1 per mile beyond a radius of 30 miles from 85017.
DAMAGE TO PROVIDER’S EQUIPMENT
The Client acknowledges that they shall be monetarily responsible for any damage or loss to The Provider’s equipment caused by:
Any misuse or disfigurement of The Provider’s equipment by The Client and/or their guests (invited or uninvited) that causes breakage or prevention of future use
Any theft of items belonging to The Provider and was in use during the event
Exemptions:
Damage and breakage due to normal wear of The Provider’s equipment is exempt from this and will not be charged
Any disaster (including but not limited to fire, flood, earthquake, acts of God) is exempt from this and will not be charged
USE OF EVENT MEDIA
The Client and/or their guests (invited or uninvited) agree to the following terms outlined below for Use Of Event Media. If The Client and/or their guests (invited or uninvited) do not agree to the terms of Use Of Event Media, they reserve the right to not participate in provided Contracted Services, download, share, email, or print any event media.
Event Media is defined as any digital or physical photo, video, gif, and/or audio published on the website, online event gallery, social media pages belonging to Beezy Booth LLC and taken by The Provider or Provider Attendants during the event. This includes event media that may be published and stored on devices and equipment owned by Beezy Booth LLC.
By using, downloading, sharing, emailing, and/or printing any event media from the web site, the event, and/or the event gallery website.
The Provider reserves the right to modify, download, distribute, and/or delete event media taken during the event via Contracted Services Equipment, camera, cell phone, digital tablets, or any other devices owned by Beezy Booth LLC
The Provider reserves the right to use event media for business promotion in any manner including but not limited to on the website and social media pages belonging to Beezy Booth LLC
The Client and/or their guests (invited or not invited) may use event media for personal, non-commercial use only.
Exemptions:
The Client may request all event media to be excluded from the terms in this section only if submitted by writing prior to the event start and the rights purchased for the event media. This will be noted in the final invoice
Corporate Package Clients are excluded from the terms in this section as all corporate event media rights will automatically be included in the pricing of the Corporate Package. Permission to use select corporate event media for The Provider's business promotion will be negotiated prior to the event start
TREADEMARKS
Any event media, trademarks, names, logos, designs, and service packages displayed on website, event gallery site, and social media pages that are registered and/or unregistered to Beezy Booth LLC may not be used without the prior permission from Beezy Booth LLC
COPYRIGHT
All aspects of the website, event gallery site, and social media pages including but not limited to the design, text, graphics, applications, underlying source code, and event media are copyrighted by Beezy Booth LLC.
INDEMNIFICATION
The Client agrees to and understands the following:
The Client will indemnify The Provider against any and all liability related to (before, during, and after) The Client's event
The Client will indemnify The Provider against any and all liability associated with the use of pictures taken within the Contracted Services of guests (invited or uninvited) representatives, employees or affiliates at The Client's event
REFUSAL/DISRUPTION OF SERVICE
The Provider reserves the right to immediately cancel Contracted Service without a refund if:
The Provider and/or Attendants(s) are harassed, threatened, or abused by The Client and/or their guests (invited or uninvited) of the event
The Client’s and/or their guests (invited or uninvited) misuse equipment, take inappropriate photos, or exhibit unruly behavior
The Provider’s equipment is intentionally damaged by The Client and/or their guests (invited or uninvited) of the event
If the Contracted Service Area cannot be effectively crowd controlled.
Only The Provider, Attendant(s), The Client, and/or event guests (invited or uninvited) actively participating in Contracted Service Operations are allowed in the Service Area. Those waiting to participate should be lined up neatly near the Service Area. Guests, children, and/or animals that cannot be controlled from entering the Service area will cause a refusal/disruption of service
The only Contracted Services Elements that The Client and/or their guests (invited and uninvited) can interact with are props (worn and held), microphones, the touch screen monitor (only to interact with guest facing Contracted Services software), and photos printed by the printer. The Client and/or their guests (invited and uninvited) are not to touch, handle, play with, or adjust The Provider’s equipment. This equipment includes, but is not limited to the camera, laptop, tablet, cell phone, printer, backdrop, Wi-Fi hot spot, lights, stands, speaker, receivers, monitors, TVs etc.
CHILDREN 12 AND UNDER
Children aged 12 and under will not be permitted in the Contracted Service Area without adult supervision. The adult does not need to be participating with the child/children, but they must be supervising.
MISCELLANEOUS TERMS
If any provision of these terms shall be unlawful, void, or for any reason unenforceable under Contract Law, then that provision, or portion thereof, shall be deemed separate from the rest of this MSA and shall not affect the validity and enforceability of any remaining provisions, or portions thereof. This MSA between The Parties relating to the subject matter herein and shall not be modified except in writing, and amendments signed by both Parties.