UBOOTH Rental Agreement

1. General Terms. This rental agreement is made between UBOOTH, LLC (herein referred to as the “UBOOTH”) and (herein referred to as “Renter”).

   In executing this agreement, the Renter acknowledges their intent to rent a UBOOTH Photo Booth exclusively for entertainment purposes. The Renter further acknowledges that the UBOOTH Photo Booth will produce photographic and video representations and products of a personal nature and agrees to adhere to the Proper Use of Equipment as outlined in paragraph 13 of this agreement. UBOOTH Photo Booths produce high-resolution quality digital photographs and video. However, UBOOTH, LLC is not responsible for either the conduct or behavior of persons utilizing the booth for entertainment purposes as they may be represented in the photographs or videos and subsequently provided to the Renter.

2. Quantity and Style. UBOOTH, LLC agrees to rent to Renter, and Renter agrees to rent from UBOOTH: (number of units), for hours in the style:

   ANTIQUE
   ELEGANT
   CLASSIC
   GIFT BOX
   OTHER
   CUSTOM DESCRIPTION:
   
   

3. Date. The rental date is: Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec 12345678910111213141516171819202122232425262728293031 2009201020112012201320142015201620172018201920202021202220232024202520262027202820292030203120322033203420352036203720382039204020412042204320442045204620472048204920502051205220532054205520562057205820592060206120622063206420652066206720682069207020712072207320742075207620772078207920802081208220832084208520862087208820892090209120922093209420952096209720982099

4. Base Rental Amount. The rental amount is $1,200 for FOUR (4) HOURS. Should the event go beyond the agreed upon designated time frame indicated above, the Renter shall be charged an extension fee of $250 per hour which shall be added to the Base Rental Amount.

5. Custom Design Fees. UBOOTH provides custom theme design services for customers upon request. These fees are due in addition to the Base Rental Amount and may be billed in advance of the final payment.

6. Retainer. The Renter shall deposit Two Hundred and Fifty dollars ($250) with UBOOTH as a retainer against the date indicated in paragraph 3 above upon execution of this agreement. This retainer is non-refundable and will be applied toward the Base Rental Amount designated in paragraph 4.

7. Final Payment. The balance on the rental agreement is due two (2) weeks prior to the date of the event. It is the responsibility of the Renter to make full payment of the balance and designate the specific location of the event in writing prior to the rental date.

8. Effective Date. This contract does not become effective until this agreement is signed and the Retainer has been paid. In the event the Renter cancels this contract for any reason, all monies paid to UBOOTH shall be forfeited as liquidated damages to UBOOTH.

9. Location. It shall be the responsibility of the Renter to notify UBOOTH via fax or email as to the exact location and address of the event at least two weeks in advance of the rental date. The location MUST BE TRANSMITTED IN WRITING to UBOOTH and shall include a complete street address.

10. Delivery. UBOOTH, LLC will deliver the Photo Booth to the Renter on the rental date approximately one (1) hour in advance of the beginning of the event at the agreed upon location.

11. Access. The Renter is exclusively responsible for providing access to the facility for the UBOOTH Photo Booth. The booths measure approximately 40” (inches) wide x 75” (inches) tall and require a smooth surface to roll on. Failure to provide access may prevent the photo booth from being utilized in the facility. Additionally, the Renter is fully responsible for providing 120V electricity access to the photo booth for power within twenty feet (20’) of the unit.

12. Damage or Loss. The Photo Booth shall be delivered to the Renter in good working condition. If the Photo Booth is damaged while in the Renter's possession, the Renter will be responsible for the cost of repair, up to a maximum value of Ten Thousand Dollars ($10,000).

13. Use of Equipment. Renter acknowledges that use of the Photo Booth may create some risk of personal injury to the Renter and third parties, as well as a risk of damage to property, and Renter expressly assumes that risk. Renter therefore warrants and agrees to use the Photo Booth safely and only in the manner for which it is intended to be used. UBOOTH is not responsible for any personal injury or property damage resulting from the Renter's misuse, unsafe use, or reckless use of the Photo Booth. The Renter will indemnify and defend UBOOTH from and against any injury or damage claims arising out of the Renter's misuse, unsafe use, or reckless use of the Photo Booth.

14. Work Product. The Renter will be provided a DVD of all images and videos created during the rental period, with a copyright release. UBOOTH, LLC reserves the right to use negatives and/or reproductions for the purpose of creating samples, displays for publication in advertising, magazine or newspaper articles or other public relation purposes. The negatives shall remain the exclusive property of UBOOTH, LLC.

15. Entire Agreement. This is the entire agreement between the parties. It replaces and supersedes any and all oral agreements between the parties, as well as any prior writings.

16. Amendment. The Terms and Conditions of this agreement may not be amended except through written executed form of both parties.

17. Successors and Assignees. This agreement binds and benefits the heirs, successors, and assignees of the parties.

18. Governing Law. This agreement will be governed by and construed in accordance with the laws of the state of Florida. Any action to enforce, arising out of, or relating in any way to, any of the provisions of this Agreement may be brought and prosecuted in such court or courts located in Brevard County, Florida. In addition, each party hereby irrevocably and unconditionally waives, to the fullest extent permitted by law, any objection which it may now or hereafter have to the laying of venue of any such proceedings, and hereby further irrevocably and unconditionally waives and agrees to the fullest extent permitted by law not to plead or claim that any such proceeding brought in any such court has been brought in an inconvenient forum.

19. Counterparts. This agreement may be signed by the parties in different counterparts and the signature pages combined will create a document binding on all parties.

20. Modification. This agreement may be modified only by a written agreement signed by all the parties..

21. Waiver. If one party waives any term or provision of this agreement at any time, that waiver will only be effective for the specific instance and specific purpose for which the waiver was given. If either party fails to exercise or delays exercising any of its rights or remedies under this agreement, that party retains the right to enforce that term or provision at a later time.

22. Severability. If any court determines that any provision of this agreement is invalid or unenforceable, any invalidity or unenforceability will affect only that provision and will not make any other provision of this agreement invalid or unenforceable and shall be modified, amended, or limited only to the extent necessary to render it valid and enforceable.

23. Attorney’s Fees. In the event suit is commended to enforce this agreement or otherwise relating to this Agreement, the prevailing party shall be entitled to reasonable attorney fees and costs incurred in connection herewith.

24. Disclaimer. It is agreed that UBOOTH assumes no responsibility or liability whatsoever for the quality or marketability of any end product that may be obtained by Renter.

25. Notices. All notices, requests, demands, and other communications hereunder shall be in writing and shall be deemed to have been duly given if delivered or mailed, postage prepaid, certified mail, return receipt requested to the addresses listed below..