Terms and Conditions
PAYMENTS & BALANCE DUE
A 25% non refundable deposit payment is required to book any of our services. All balances are due one (1) week prior to event, and will be charged to card associated with deposit payment.
In the event of a cancellation, if paid in full prior to event, 50% of total amount will be withheld as a cancellation fee. The remaining balance will be refunded. No Exceptions.
GUARANTEE OF SERVICES
Brighter Side Event Lighting guarantees services and agrees to perform services only when a contract/service agreement is signed (physically) or agreed upon (online), and a deposit payment is made by customer. No events, dates, or equipment will be booked without proper deposit payment and a completely filled out, signed/agreed upon (online), and dated contract/service agreement. There are no exceptions. An estimate (quote), or a verbal acceptance by customer is not a form of agreement, or contract to perform services. An estimate invoice is a formal proposal and not a binding contract in any way. All estimates expire within one week of submitting to customer.
We will not be liable for equipment not functioning correctly during the event, due to equipment being knocked over, unplugged, or mishandled in any way by guests, venue employees, children, etc. We ensure that everything is working and in place before we leave the venue.
DAMAGED & LOST EQUIPMENT
All damaged or lost equipment will be the sole responsibility of customer. There will be a 5 day window to return lost equipment if found. If not found and returned within 5 days, a lost or stolen replacement notice will be mailed out and customer credit card may be charged. If equipment is damaged, customer will be financially liable for any repairs, or replacement. It is the customer’s sole responsibility to ensure that all equipment is kept free of moisture, liquid or any other contaminants that could damage the equipment.
The customer’s responsibility for the equipment commences on receipt of the equipment, and terminates when the customer receives a receipt for the return of the equipment. At no time shall the customer sell, dispose or otherwise part with control of the equipment. It is the customer’s responsibility that everyone who uses the equipment has been instructed in its safe and proper operation, and further will not allow the equipment to be misused. Brighter Side Event Lighting can not be held responsible for any financial loss, personal injury or damage to or loss of any property arising as a result of the use of the equipment.
Brighter Side Event Lighting can not be held liable for any financial loss or loss of business caused by equipment failures or failure to supply equipment or services in any circumstances. The equipment must not move from the site specified in the contract without prior authorization from Brighter Side Event Lighting. It is the customer’s sole responsibility to ensure that adequate security measures are put in place to ensure the safety of our equipment and personnel at all times.
The agreement of Brighter Side Event Lighting to perform is subject to proven detention by accidents, riots, strikes, epidemics, acts of God, or any other legitimate conditions beyond their control. If such circumstances arise, all reasonable efforts will be made by Brighter Side Event Lighting to find replacement services at the agreed upon fees. Should Brighter Side Event Lighting be unable to procure a replacement, Client / purchaser shall receive a full refund. Client / purchaser agrees that in all circumstances, Brighter Side Event Lighting liability shall be exclusively limited to an amount equal to the performance fee and that the Brighter Side Event Lighting shall not be liable for indirect or consequential damages arising from any breach of contract.
1(a) It is understood that this is a “Rain or Shine” event. Brighter Side Event Lighting compensation is in no way affected by inclement weather. Brighter Side Event Lighting reserves the right, in good faith, to stop or cancel performance should the weather pose a potential danger to him, the equipment, or audience. Every effort will be made to continue the Performance. However, safety is paramount in all decisions. The Brighter Side Event Lighting compensation will not be affected by such cancellation.
In the event of non-payment, Brighter Side Event Lighting retains the right to attempt to collect through the courts. Client / purchaser will be held responsible for all court fees, legal fees, and collection costs incurred by Brighter Side Event Lighting. Client / purchaser shall be charged $50 for each check returned by a banking institution plus a $10 service charge for each collection notice. In the event that full payment and penalties for returned checks are not made by Client / purchaser, Brighter Side Event Lighting retains the rights under the laws of the state of California to collect as follows:
(a) A statutory penalty of three times the face amount of the invoice, but not less than $100 nor more than $1,500.
This agreement warrants that Brighter Side Event Lighting will be ready to perform at the start time of the engagement. No guarantee is made as to Brighter Side Event Lighting time of arrival, however, Brighter Side Event Lighting requests that they be permitted at least one hour before the engagement and one hour after the engagement for setup and take down. Brighter Side Event Lighting also requests ramp or elevator access between parking/service entrance and the setup area. If the event requires setup or take down in less time, additional labor will be charged at the rate of $50 (fifty dollars). If Client / purchaser or event requires Brighter Side Event Lighting to complete setup more than one hour before start time, or to postpone take down more than one hour after the time indicated, the additional time will be charged at the rate of $50 (fifty dollars) per half-hour.
By executing this contract as Client / purchaser, the person executing said contract, either individually, or as an agent or representative, represents and warrants the he or she is eighteen (18) years of age, and further, if executing said contract as agent or representative, that he or she has the authority to enter into this agreement and should he or she not have such authority, he or she personally accepts and resumes full responsibility and liability under the terms of this contract.
Client / purchaser agrees to defend, indemnify, assume liability for and hold Brighter Side Event Lighting harmless from any claims, damages, losses, and expenses by or to any person, regardless of the basis, which pertain directly or indirectly to Brighter Side Event Lighting Performance. In the event that a civil action arises in an effort to enforce any provision of this agreement, the losing party shall pay the attorney’s fee and court costs of the prevailing party. Client / purchaser may not transfer this contract to another party without the prior written consent of Brighter Side Event Lighting.
WAIVING OF RIGHTS OPTIONS
Brighter Side Event Lighting may elect not to exercise their rights as specified in this agreement. By doing so, Brighter Side Event Lighting does not waive their right to exercise those options at a future date.
The laws of the state of California shall govern this agreement. In the event of lawsuit involving or relating to this agreement.
The parties hereto promise to abide by the terms of this agreement and intend to be legally bound thereby.
ADDITIONAL PHOTO BOOTH TERMS
CLIENT REPRESENTS THERE IS:
(1) Good access (no stairs or escalators); (2) A 120V electric outlet within 10 feet of the desired booth location; (3) That client will be responsible for any malicious damage done to the photo booth by any of Client’s guests. (4) a level, concrete-like surface for the photo booth to be placed on if event is outdoors.
BRIGHTER SIDE EVENT LIGHTING OBLIGATIONS ARE:
1. Provide a photo booth that does not require money to operate and to provide sufficient film and supplies for duration of rental at the event.
2. Provide a qualified technician, to help guests run booth.
3. Install and remove the photo booth in a timely manner.
1. Client and Brighter Side Event Lighting agree that in the event of a mechanical failure or for any reason or inability to perform such that Brighter Side Event Lighting cannot provide a functioning photo booth, that Brighter Side Event Lighting maximum liability is the return of any payments received. If only partial services can be provided then the charges are to be prorated – if the event is four hours and the booth is not functioning for two hours then 1/2 of the cost is to be rebated to Client.
2. Brighter Side Event Lighting can setup a photo booth outside but the booth cannot be directly exposed to water, such as rain. In the event that the booth is directly exposed to water, such as rain, Client must have alternate location for photo booth where the booth is not directly exposed to water, such as rain. In the event that the photo booth is directly exposed to water, such as rain, and Client does not have alternate location for photo booth or provide sufficient protection, such as a tent, from water Brighter Side Event Lighting will be forced to break down and remove the photo booth and Client will receive no refund.
3. Along with any malicious damage done to the photo booth, Client will be responsible for any props (such as hats, boas, glasses, etc) taken or stolen by Client’s guests.
4. The exact arrival time is not a guarantee, but Brighter Side Event Lighting will have photo booth completely setup and ready to go, by the contracted start of rental time. If Client would like to have Brighter Side Event Lighting setup photo booth prior to start of Rental Time, or break down photo booth later than end of rental time, idle time can be purchased at an additional prorated cost.