Talented Ink LLC Terms & Conditions
1. Parties and Scope
These Terms & Conditions (“Agreement”) govern the provision of photo booth, event, rental, and related services (collectively, “Services”) by Talented Ink Photo Booth LLC, a Wyoming limited liability company, with headquarters in Sheridan, Wyoming, and operations in Littleton, Colorado and San Francisco, California (“Company,” “we,” “us,” or “Talented Ink”) to any person or entity that books or uses Services (“Client,” “you,” or “your”). These terms apply to all quotes, estimates, proposals, bookings, contracts, invoices and Services provided by Company unless a written agreement signed by both parties expressly modifies them.
2. Booking, Deposit and Payment
- Reservation: A Service date is reserved upon Company’s receipt of the required non-refundable deposit and a signed booking agreement (if applicable). The deposit amount and due date will appear on Company’s invoice or booking form.
- Final Payment: Final payment is due as stated on the invoice or, if not stated, no later than 14 days before the event. If final payment is not received when due, Company may cancel the booking and retain the deposit.
- Payment Methods: Company accepts payment methods stated on the invoice. Client is responsible for any payment-processing fees or bank charges.
- Taxes: Client is responsible for any applicable taxes, assessments, or fees.
3. Cancellations and Changes
- By Client: Deposits are non-refundable. If Client cancels within the period specified in the booking agreement (or within 14 days of the event if no period specified), Client remains liable for fees as outlined in the booking agreement or as reasonably incurred by Company.
- By Company: Company reserves the right to cancel or reschedule due to illness, equipment failure, acts of God, or circumstances beyond Company’s control. In such cases Company will refund amounts paid for Services not rendered or offer a comparable rescheduled date; Company’s liability is limited to refund of amounts paid.
4. Service Delivery and Client Responsibilities
- Access & Venue: Client must ensure safe, timely access to the venue, power, adequate lighting, and any required permits. Company is not responsible for delays or failures caused by venue restrictions or lack of access.
- Conduct: Client is responsible for attendee conduct and agrees that illegal use or damage to equipment by attendees may result in additional charges.
- Setup/Teardown: Setup and teardown times will be included in booking details. Additional labor time requested by Client beyond scheduled times may incur overtime fees.
5. Intellectual Property and Use of Images
- Ownership: Company retains copyright and ownership of all digital negatives, raw files, and Company-created images and materials unless otherwise agreed in writing.
- Permission to Use: Client grants Company permission to use images for Company promotion, portfolio, website, and social media unless Client provides a written restriction prior to the event. If Client requires the Company not to use images publicly, a written agreement must be executed and may be subject to additional fees.
6. Limitation of Liability
- Company’s liability for any claim arising from the performance or non-performance of Services is limited to the total amount paid to Company for the Services giving rise to the claim.
- In no event shall Company be liable for incidental, consequential, special, punitive, or exemplary damages (including lost profits), even if advised of the possibility of such damages.
- Nothing in this Agreement limits liability for gross negligence, willful misconduct, or death/personal injury caused by Company’s negligence to the extent prohibited by applicable law.
7. Indemnification
Client shall indemnify, defend, and hold Company and its officers, employees and agents harmless from and against any third-party claims, damages, losses, liabilities, costs or expenses (including reasonable attorneys’ fees) arising out of Client’s breach of this Agreement, negligent acts, or actions of attendees at the event.
8. Data, Privacy and Communication
- Contact Information: By providing contact information you consent to Company communicating by phone, text, email, and other means regarding booking, services, invoices, promotions, and updates. Message and data rates may apply.
- Data Use: Company will handle personal data in accordance with its privacy practices. Client acknowledges that images captured at events may include personal data of event attendees.
9. Unsolicited Email, Spam Policy and Remedies
- Prohibition: Talented Ink Photo Booth LLC does not accept unsolicited commercial email or spam sent to Company’s addresses, and does not solicit or accept business offers from non-clients through unsolicited mass-email campaigns.
- Remedies: If Company receives unsolicited commercial email, bulk messages, or similar communications from persons or entities that are not prospective clients or potential clients, Company reserves the right to:
a) Report the sender to appropriate authorities, internet service providers, and anti-spam organizations;
b) Pursue all available civil remedies and damages under federal, state and local statutes (including but not limited to anti-spam laws) and common law claims; and
c) Seek injunctive relief, statutory damages, compensatory and punitive damages, attorneys’ fees, and costs incurred in investigating or mitigating the unsolicited communications.
- Notice: Company will not consider an individual a “potential client” merely because an unsolicited email was sent. To be treated as a prospective client, communications must be initiated by the individual or organization seeking services or responding to Company’s affirmative solicitation. This clause does not limit Client’s right to contact Company regarding valid business inquiries.
10. Confidentiality
Each party will treat as confidential any proprietary or confidential information disclosed by the other party that is identified as confidential or that reasonably should be understood to be confidential given the nature of the information. Confidential information does not include information that is publicly known, lawfully acquired from a third party, or independently developed.
11. Force Majeure
Company is not liable for failure to perform when such failure is caused by events beyond Company’s reasonable control, including acts of God, natural disasters, strikes, governmental orders, civil unrest, pandemics, or other force majeure events. In such cases, Company may suspend performance, reschedule, or terminate this Agreement without liability beyond refunding amounts paid for Services not rendered.
12. Governing Law and Venue
This Agreement is governed by the laws of the State of Wyoming without regard to conflicts of law principles. To the extent disputes are not resolved by mutual agreement, the parties agree that state and federal courts located in Sheridan County, Wyoming shall have exclusive jurisdiction and venue to resolve disputes, and the parties consent to personal jurisdiction there.
13. Severability
If any provision of this Agreement is held invalid or unenforceable under applicable law, the remaining provisions will remain in full force and effect.
14. Amendment and Entire Agreement
This Agreement constitutes the entire understanding between the parties regarding the Services and supersedes all prior proposals, agreements, and communications. No amendment is effective unless in writing and signed by an authorized representative of Company.
15. Notices
All notices to Company must be sent to Talented Ink Photo Booth LLC at the address on Company’s invoice or the email address provided by Company. Notices are effective upon delivery if sent by nationally recognized overnight courier or confirmed email.
Contact:
Talented Ink Photo Booth LLC
Headquarters: Sheridan, Wyoming
Operations: Littleton, Colorado and San Francisco, California
Contact Us: CLICK HERE
Acceptance
By paying a deposit, signing a booking agreement, or otherwise accepting Services from Talented Ink Photo Booth LLC, you acknowledge that you have read, understand, and agree to these Terms & Conditions.
— Talented Ink Photo Booth LLC