TERMS OF SERVICE

By using our service, to include our photo booth/party portrait services and website, you agree to comply with the following Terms and Conditions of Party Pix Hawaii, LLC (PPH). If you do not agree with these Terms of Service, you can opt to leave our website and opt not to use our photo booth rental and/or party portrait services. Party Pix Hawaii, LLC is owned and operated to provide photo booth rentals and party portrait services for events primarily on the island of Oahu, Hawaii. Party Pix Hawaii, LLC reserves the right to revise the Terms and Conditions at any time, and without prior notice. The term “PPH” in these and any statements, both on this disclosure, the website, signs, shows, etc., refers to the owners, agents, affiliates, representatives, equipment, property, services, and/or photo booths of Party Pix Hawaii, LLC. As such, the term “you or purchaser” in all stated materials refers to the person(s), group(s), or entity(ies), entering into a legally binding contract with Party Pix Hawaii, LLC or any agent representing such persons.

Photo Booth Rental and/or Party Portrait Service Reservations All photo booth rentals and party portrait services are booked by requesting, completing, and returning a signed contract that is accompanied by the required non-refundable retainer fee. The retainer fee for Photo Booth rentals is $300-$400 (depending on your chosen package). The retainer fee for all other PPH and/or Multi-Service packaged services is 50% of full payment OR another predetermined amount decided by PPH during the creation of the agreement. The retainer must be made by a date, predetermined by PPH, which is entered on the service agreement prior to sending (by mail, email, and/or fax) to the recipient. Unless otherwise agreed upon, all parties involved in the contractual arrangements will only receive photo booth and/or party portrait services from PPH when all criteria above are completed. The completion of the reservation process is finalized when the purchaser receives a confirmation email from PPH. PPH reserves the right to deny, void, or disclaim any contract to any customer, for any reasonable reason determined by PPH. All photo booth rentals and party portrait services are based on a first-come, first-serve basis. Therefore, completing all of the criteria may not and does not guarantee a booking. If another party completes the process, and is within the guidelines of these Terms and Conditions, and the date was previously or presently offered, and no date is being held, that party will have just as many rights to PPH services for that specific date as any other party. Any PPH services “down-time” where the our equipment is set-up or kept from being torn down (when the host(s) chooses to rent a booth for a shorter period of time than the event), will be billed at $75 per hour. By signing the “Service Agreement”, any and all parties, agree not to hold PPH liable for any monetary or civil damages, costs, expenses, or such, including legal fees, attorney fees, etc., for any monetary amount greater than the balance already paid.

It is agreed that as full compensation for services provided by PPH, as stated on the service agreement and invoice, the purchaser will pay the *full payment amount. Any outstanding balance due must be paid in full by the pre-determined due date entered on the service agreement. PPH reserves the right to deny services to any party who does not fulfill their obligation in making a timely payment, in full, by the agreed upon due date, without expressed written permission from PPH. Any outstanding balance remaining after the due date listed on the contract is subject to a $50 late fee. In addition, any costs that PPH incurs due to the processing of the outstanding balance (i.e. any legal fees, collection costs, etc.) will be added to the party’s outstanding balance. PPH accepts payment by cash, check, or credit card payment. All credit card transactions will incur an additional transaction fee of 3.5%. Any deviation from the specific terms of the service agreement and those on this by the Purchaser shall constitute a breach of this entire agreement. PLEASE NOTE: Any return check fee will incur a $50 service charge.

Non-traditional event days and Holidays Due to the nature of our business our traditional workdays are on Friday-Sunday; Therefore, reservations made on Monday-Thursday is considered non-traditional and will be assessed the special-day fee of $200. Events scheduled on holidays may be charged up to 2x the normal rates.

Late Reservations Reservations that are received within 30 days of the scheduled event date will be assessed a service fee.

• A $75 service charge will be assessed if reservation is made within 30 days of the scheduled event.

• A $150 service charge will be assessed if reservation is made within 14 days of the scheduled event.

• A $250 service charge will be assessed if reservation is made within 7 days of the scheduled event.

Cancellations All cancellations must be in writing to PPH by purchaser no later then one-month prior to event date. Doing so relieves the purchaser from the responsibility of paying the full payment amount minus the non-refundable retainer fee. If the purchaser cancels within the one-month period prior to the event, the purchaser is responsible to the remaining balance in full.

Event date can be rescheduled within one calendar year from the original event date. A $100 rescheduling fee will apply. PPH reserves the right at their discretion to provide a partial refund to the purchaser if we are able to make a reservation of equal or greater dollar value on the event date stated on the service agreement. To receive a refund, (1) we must be completely booked with no remaining photo booths or party portrait services available for that date, (2) contacted by the purchaser in writing with notice of cancellation no later than one month prior to event date (3) contacted by the purchaser in writing no later than one week after the cancelled event date to request new event date.

Performing of services – request for additional time or services PPH photo booth services are performed based on the agreed upon time period at the time of reservation. Additional time may be added at $200 per hour (advanced notice). Additional request for time made on the day of the event will be based on availability of the booth, which PPH staff will determine. Same day request will require a fee of $250 per hour and require a cash payment prior to start of additional hour.

Customized Photos / Backdrops / Photo Albums / Wraps If your specific service includes a customized photo layout PPH will customize photo designs based on the information provided to us by

in the above agreement. It is the responsibility of the purchaser to provide the design information a minimum of one-month prior to your event. Services such as premium photo albums, step-and-repeat (red carpet) walls, media walls, and wraps require a two-month lead- time due to longer production times (standard photo albums are excluded). The purchaser will be asked to select a design to be used.

Some PPH services require the use of a backdrop or custom step-and-repeat wall. PPH offers a wide range of backdrops that the purchaser may choose from. However, if the purchaser chooses to have a specific backdrop style or color prior to the design process, they must inform PPH no later than one-month prior to the event. In the case the requested backdrop is unavailable, PPH reserves the right to decide on the background style and/or color which best suits the purchaser’s theme and photo design. *Sample photo designs, backdrops, and photo albums can be viewed at partypixhawaii.com or by clicking on the links provided.

Backdrop sizes for open-air photo booths are 8 ft x 8 ft (step-n-repeat, petals, metallic glitz). White sheets, white petal, and gold petal are 8 ft tall x 10 ft wide. Rose backdrops are 6 ft 8 in. tall by 7 ft. wide. Please inquire if larger backdrop sizes are needed.

It is the responsibility of the customer to observe every detail of each design during their final approval. This includes the double-checking of the text (spelling, date information, etc.). PPH will not be responsible for any errors found within the design once final the customer has made their final approval.

Contingency Plans All services must be conducted in a safe manner. Therefore, all outdoor events must have an indoor contingency plan to protect PPH’s equipment and staff from the elements. If the event is cancelled due to an unsatisfactory contingency, the Purchaser must pay the contract in full.

Set-up and Breakdown PPH will require a minimum of 60 minutes prior to the requested start time to set-up. Breakdown time required is approximately 30-60 minutes after services have been completed. Times listed are only estimates and may be adjusted if necessary; Customer must inform PPH prior to the event.

Any PPH services “down-time” where our equipment is set-up or kept from being torn down (when the host(s) chooses to rent a booth for a shorter period of time than the event), will be billed at $75 per hour.

Equipment and Working Area Requirements In order to properly provide efficient services to our customers, PPH requires the following equipment and working area requirements. These may change without notice and PPH staff servicing the event may require additional equipment or services if they determine it necessary to carryout our services. If the following is unable to be met, the customer must inform PPH one-month prior to the event so proper arrangements can be made. In the case that the event is cancelled due to an unsatisfactory contingency, the Purchaser must pay the contract in full.

Services that require a backdrop such as Green Screen Party Portraits, Multi-Photo Collage, Red Carpet Walls, and Open Air Photo Booths work best in 15 ft x 15 ft squared spaces and must be placed in an area away from wind to prevent the backdrop from tipping. If wind is able to access the area, placing the backdrop next to the wall is preferable.

Photo Booth Services:

• 12 ft x 12 ft squared and leveled covered working area

• 2 6 ft tables or 1 8 ft table

• 2 chairs

• Nearby 120 volt electrical outlet

Green Screen Party Portraits - Multi-Photo Collage – Red Carpet Wall services:

• 15 ft x 15 ft squared and leveled covered working area

• 2 6 ft tables or 2 8 ft tables

• 2 chairs

• Nearby 120 volt electrical outlet

Photo Booth Dimensions *Luxury Photo Booth: 72 in. tall x 57.5 in. wide x 35 in. deep *Luxury Photo Pod: 95.5 in. tall x 72 in. wide x 60.5 in. deep *Convertible Photo Booth: 92 in. tall x 72 in. diameter at base x 108 in. diameter at top *Giant Open Air Photo Booth: 63 in. tall x 26 in wide x 13 in. deep *LED Open-Air Photo Booth: 68 in. tall x 24 in. wide x 17 in. deep *Mini LED Open-Air Photo Booth: 60 in. tall x 17 in. wide x 17 in. deep *Mini Open-Air Photo Booth: 68 in. tall x 24 in. wide x 16 in. deep *Mini Open-Air Photo Booth 2: 60 in. tall x 17 in. wide x 17 in. deep *Slow Motion Photo Booth: 63 in. tall x 26 in wide x 13 in. deep *Magic Mirror Photo Booth: 60 in. tall x 36 in wide x 24 in. deep *Animated GIF Booth: TBD

The purchaser must ensure that the chosen venue on the agreement has adequate access allowing for PPH’s equipment to be transferred to and from the loading and desired service area. Events held in areas higher then the loading dock level must have a service elevator available. PPH will not be responsible if the equipment is unable to access the desired service area.

Wi-Fi availability Many of our services are able to function without an Internet connection; however, a variety of our services such as our Social Media Kiosk (included with our photo booth basic/plus packages), and Multi-Print Kiosk, and Instagram Photo Station do require it. Party Pix Hawaii does utilize our own wi-fi connections but in the case that our wi-fi is not sufficient to run our services efficiently we ask that the purchaser provide us with the venue’s Internet information (network name, password) prior to the event.

Food and Beverage As a courtesy, if the service requested is equal to or more than a three-hour period we ask that the purchaser please provide the PPH staff servicing the event with food and beverage during the event. In many cases, venues will prohibit outside food items and the PPH staff will arrive prior to the start of the party and leave after the party has ended. PPH generally will bring two staff members to each event; however, in some cases, depending on the services provided, PPH may bring more then two staff members.

Permits and Fees Purchaser is responsible for providing all permits, licenses and legal papers needed in a timely manner. The Purchaser must provide such documents to PPH no later than 14 days prior to performance. Purchaser is liable for any costs or expenses related to said permits, licenses and papers. Any local parade permits or licenses or other legal documents must be provided to PPH by the Purchaser no later than one week prior to the performance. Any delay or non-compliance to this paragraph will be considered a breach on the part of the purchaser.

In addition, purchaser is responsible for any additional fees incurred by PPH to service the event these include but not limited to parking fees, access fees, registration fees, travel fees (airfare, lodging, transportation), etc. PPH does not charge for travels fees if service is on the island of Oahu.

Liability Insurance Many venues will require vendors operating within their property to be covered with a $1 million liability insurance policy. PPH is able to provide our policy documentation to the venue’s representative and also add the designated property as additionally insured on the PPH policy upon request. Please allow 7-10 business days. If the venue requires, additional insurance coverage additional fees may apply.

Exclusion of Liability PPH is released from and not responsible for, any situation, in any way, which causes dissatisfaction of services expected by the purchaser. Any claim of dissatisfaction in any way, shall be addressed to PPH within 5 business days after the event. PPH is released from any suit involving the dissatisfaction of services. PPH is hereby not responsible or liable for any guest(s) actions, complaints, injuries, or any issues pertaining to the service, incident(s), or occurrence(s) involved with PPH. PPH is also not responsible for the purchaser, any guest, and/or any person who obtains and uses password information, for any suit based on event photographs from any event, including but not limited to: photos given at the event, photos produced, transferred, offered, channeled, etc., whether visible or invisible, on the third party, password protected webpage(s) and/or website chosen by PPH. All images from the event will be provided to the purchaser at the conclusion of their event. Some options also make photos available for viewing all persons who enter the password on the specific link. PPH is not responsible for explaining any part or process of such website features, photo releases, etc. to anyone using the photo booth, participating in the event, or entering such website after obtaining the password and accessing the images and/or photos from the event. All liability in explaining the PPH experience from all parts of the process is on the purchaser.

By agreeing to these Terms and Conditions, you grant PPH the right to display any reasonably respectable photo on the PPH website, advertising materials (whether first or third party), etc. PPH is not subject to any liability in connection with posting any photograph (i.e. digital) in any way. No monetary payment(s) will be given to any party or parties who are chosen by PPH to have their photographs from any of our services to be posted on the website or any other advertising materials. All liability factors, as such, listed anywhere on these Terms and Conditions agreement also pertain to such photos.

The recording, reproduction, filming or transmission of PPH’s services is prohibited without the written consent of PPH. The purchaser is granted full permission to shoot photos for personal use. If used for advertising, a fee must be paid to PPH and modeling releases will be signed. PPH agrees that the Purchaser shall have the right to use PPH's name, approved pictures, other likenesses in connection with the advertising and publicizing of the engagement hereunder, but such use shall not be as an endorsement of any product or service, or for the sale of any merchandise, except with PPH's written permission.

Protection from Damage Under no circumstance, will PPH reimburse any parties if stoppage occurs because of any damage to the PPH equipment, property, etc. or damages to the facility’s equipment, property, materials, etc. that operates any event, caused by or due to the purchaser, guests, or any other party(s), including those persons working for the facility.

In signing the agreement, the signer agrees in bearing responsibility to pay in full, in a timely manner, for replacement of any damaged, stolen, or lost PPH equipment, property, etc. caused by the accidental, careless, reckless, or negligent behavior, actions, etc. of any attendee of any event. The attendee’s include but not limited to the purchaser, his/her employees, patrons, guest, person’s working for the facility, etc. The purchaser of the contract will be held accountable for those damages – unless the purchaser is a representative of a company who is merely representing the company by signing the contract. In that case, the company will be liable for any and all damages to equipment, property, materials, etc. Purchaser agrees to accept full responsibility and liability for all property and persons at this location and release Eric Bautista and Party Pix Hawaii, LLC from all responsibility and liability.

PLEASE NOTE: Smoking, eating, and/or drinking are strictly prohibited in the photo booth or party portrait service areas. No drinks of any kind are permitted in the photo booth. No children, under the age of 7, are permitted in the booth without an adult – unless permitted by PPH.

I understand that PPH uses flashing LED’s on its photo booth and props that could trigger seizures in individuals with photosensitive epilepsy (PSE). Purchaser is responsible to request in writing if they choose to not use the flashing LED option.

Copyright Images/Photographs - All images displayed at www.partypixhawaii.com are the property of PPH unless otherwise noted and are copyright protected by United States and International copyright laws. No image shall be copied, printed or saved outside the PPH website, including any personal website, unless written permission is obtained from PPH. Photographs from the PPH website may not be used in any publication, reproduced, in part or whole, displayed, or manipulated in any way without the prior written permission of PPH. Website - www.partypixhawaii.com is protected under United States and International copyright laws and may not be reproduced, in part or whole, for any reason whatsoever, unless written permission is obtained from PPH.

Indemnification You agree to indemnify and hold PPH, its owners, agents, affiliates, and representatives, harmless from and against any and all claims, losses, damages, liabilities, expenses, injuries of any kind, including reasonable attorney's fees, arising from your violation of reproducing, copying, transmitting, distributing, or otherwise exploiting the website, and/or any images or photographs in any way not authorized by PPH. This obligation will survive the termination of the agreement.

PLEASE NOTE: The purchaser signing this agreement, and/or his or her agent, is responsible for explaining these Terms and Conditions to any and all parties involved in their particular event. PPH does not have that obligation nor does it have the responsibility of compensating anyone in any way for any perceived wrongdoing through the normal course of business.