PHOTOBOOTH NYC LLC

Effective 08/17/2026  ·  photoboothnyc.co

These Terms of Service (the “Terms”) govern photo booth services provided by Photobooth NYC LLC, a New York limited liability company (“Vendor,” “we,” “us”), to the person or entity booking those services (“Client,” “you”). These Terms apply together with the package details, quote, and any written service agreement or invoice issued to you (together, the “Agreement”). By placing a retainer, signing a service agreement, or otherwise engaging Vendor, Client accepts these Terms.

1.  Booking and Retainer

A non-refundable retainer of fifty percent (50%) of the total contracted amount is required to reserve an event date. No date is held, reserved, or guaranteed until the retainer is received and Vendor has confirmed the booking in writing. Quotes, pricing, and availability shown on our website or in correspondence are estimates and do not constitute a binding offer until confirmed in a signed service agreement or paid invoice.

2.  Payment Schedule and Methods

Schedule. The retainer is due upon booking. The remaining balance is due no later than fourteen (14) days before the event date. Bookings made within fourteen (14) days of the event require payment in full at the time of booking.

Methods. Payment may be made online through photoboothnyc.co by credit or debit card via our third-party payment processors, or by cash or check. Card payments are subject to the processor’s terms.

Late payment. Balances not received by the due date may result in suspension or cancellation of services at Vendor’s discretion, with the retainer forfeited. Vendor may charge interest on overdue amounts at 1.5% per month or the maximum rate permitted by law, whichever is lower, plus any reasonable costs of collection.

Returned payments. Client is responsible for a $35 fee for any returned check or failed electronic payment, plus any fee charged to Vendor by its bank or processor.

Chargebacks. Client agrees to contact Vendor directly to resolve any billing dispute before initiating a chargeback. Retainers are non-refundable as set out in these Terms, and a chargeback does not alter that.

3.  Taxes

All prices are exclusive of applicable New York State and New York City sales tax unless expressly stated otherwise. Applicable tax will be added to the invoice. Tax-exempt Clients must provide a valid exemption certificate before the balance due date.

4.  Contracted Services

Services include everything described in the package selected by Client and provided to Client in writing. Any additional services, products, or materials requested by Client and incurred by Vendor will be billed at cost. Contracted services may be added to but may not be removed or reduced after booking, and no refund or credit is issued for services Client elects not to use.

5.  Venue Requirements and Client Responsibilities

Client is responsible for ensuring the following at the event venue. Vendor is not liable for reduced service, delayed setup, or inability to operate resulting from a failure to meet these requirements, and no refund or fee reduction will be issued in that event.

Space. A level, dry, indoor operating area of not less than 10 feet by 10 feet with a minimum ceiling height of 8 feet, unless otherwise agreed in writing. Outdoor placement requires prior written approval and adequate weather cover.

Power. Access to a dedicated, grounded 120V household electrical outlet within 25 feet of the booth location, available for the full setup, operating, and breakdown period.

Access. Loading access adequate for equipment weighing up to 200 pounds, including elevator or ground-floor access where the operating area is not on the entry level. Where stair carries, extended carries, or restricted load-in windows apply, Client must disclose this at booking; additional labor charges may apply.

Venue coordination. Client is responsible for securing any venue permissions, insurance certificates, load-in windows, and parking or loading arrangements required by the venue, and for advising Vendor of any venue restrictions at booking.

Attendant conditions. For events exceeding five (5) continuous hours, Client will provide the attendant with reasonable access to a break area and restroom facilities, and a meal where the event includes catering for staff.

6.  Setup, Idle Time, and Overtime

Setup and breakdown. Vendor requires approximately ninety (90) minutes for setup before the contracted start time and sixty (60) minutes for breakdown after the contracted end time. These periods are included in the package price and are not counted as operating hours.

Early setup / idle time. Where Client or the venue requires Vendor to complete setup more than two (2) hours before the contracted start time, or requires the booth to remain idle and closed during the contracted period, an idle time charge applies at the rate stated in Client’s quote.

Overtime. Additional operating time beyond the contracted hours is available at the hourly rate stated in Client’s quote, subject to attendant and equipment availability, and is billed in full hour increments. Overtime must be authorized by Client or Client’s designated on-site representative and is payable within seven (7) days of the event.

Delayed start. Where setup is delayed by circumstances outside Vendor’s control, including venue access delays, the contracted end time is not extended and no refund is due for lost operating time.

7.  Travel and Parking

Package pricing includes travel within the five boroughs of New York City unless otherwise stated in Client’s quote. Events outside that area are subject to a travel charge quoted at booking. Client is responsible for the cost of parking, tolls, or loading fees imposed by the venue or its location where these are not included in the quote.

8.  Postponement

If Client postpones the event, all services cease at the time Vendor is notified. Where no replacement date is provided at the time of notice, the payment schedule is suspended and will be reset once a new date is confirmed. Amounts already paid may be applied to a rescheduled date occurring within twelve (12) months of the original date, subject to Vendor’s availability. Vendor does not guarantee availability on any rescheduled date. A rescheduling administration fee may apply, and pricing for the new date is subject to Vendor’s then-current rates. Where services resume after a new date is established, the next scheduled payment becomes due at the time services restart.

9.  Cancellation by Client

Vendor reserves the contracted date exclusively for Client and declines other business for that date. Accordingly, the retainer is non-refundable in all circumstances. If Client cancels within fourteen (14) days of the event date, the full contracted amount remains due. Cancellation must be given in writing.

10.  Vendor Non-Performance and Force Majeure

Vendor is not liable for failure or delay in performance caused by circumstances beyond its reasonable control, including acts of God, natural disaster, severe weather, government action or declaration of emergency, public health order, utility or transit failure, venue closure, accident, illness, injury, death in the family, or comparable event.

In such circumstances Vendor will use commercially reasonable efforts to source a qualified replacement provider or, at Vendor’s option, to reschedule the event. Where no replacement or rescheduling is achieved, Vendor’s sole liability is to refund amounts paid for services not rendered, including the retainer. Vendor has no further liability for any resulting loss.

11.  Equipment Care, Damage, and Loss

All equipment, props, backdrops, and accessories remain the property of Vendor at all times. Client agrees to exercise due care in the handling and preservation of Vendor property and remains responsible for all loss of or damage to Vendor property occurring at the event, whether caused by Client, Client’s guests, or other vendors, up to the full replacement value of each item. Replacement costs will be invoiced following the event and are payable within fourteen (14) days.

12.  Appropriate Conduct and Safe Working Environment

Client agrees to use best efforts to provide Vendor and Vendor’s staff with safe and appropriate working conditions. Where circumstances present a threat or implied threat of injury or harm to Vendor staff or equipment, as determined by Vendor or a bystander, Vendor reserves the right to cancel all remaining services and leave the event.

At Vendor’s discretion, Vendor may apply a three-strike process. On the first occurrence, Vendor will make reasonable efforts to notify Client or a responsible party. If Client responds to the situation within a reasonable time, not exceeding fifteen (15) minutes, Vendor will resume work under the original terms. On a second occurrence, Client agrees to remove the offending person for the remainder of the event. On a third occurrence, Vendor will leave the event immediately.

Where Vendor leaves an event early due to offending behavior, Client releases and holds Vendor harmless for incomplete coverage or any lapse in the quality of Vendor’s work, and the full contracted amount remains payable.

Vendor’s attendant may decline to print, deliver, or continue a session involving content that is obscene, sexually explicit, harassing, threatening, or unlawful, and may suspend booth operation where equipment or staff safety is at risk.

13.  Guest Photographs, Consent, and Privacy

Notice to guests. Client acknowledges that Vendor’s services involve photographing and recording event guests. Client will inform guests that a photo booth will be operating at the event and will not represent to guests that photographs will be kept private or confidential.

Guest contact details. Where guests choose to provide an email address or mobile number to receive digital copies, Vendor handles that information in accordance with its Privacy Policy, available at photoboothnyc.co.

Client-supplied data. Where Client provides Vendor with personal information about guests, staff, or venue contacts, Client confirms it has the right to do so and that any required notice or consent has been given.

Minors. Where the event is attended by individuals under the age of eighteen, Client is responsible for ensuring that any parental or guardian consent required for photography at the event has been obtained.

Restricted environments. Client must notify Vendor at booking of any venue, employer, or organizational policy restricting photography, image use, or data collection at the event.

14.  Copyright Ownership

Vendor owns all copyright in any and all works created or produced in the course of providing the Services, pursuant to federal copyright law (17 U.S.C. §§ 201–202), whether registered or unregistered. All products, tangible or intangible, produced or created in connection with or in the process of fulfilling this Agreement are expressly and solely owned by Vendor.

15.  License to Client

Personal packages. Vendor grants Client a non-exclusive, perpetual, royalty-free license to use the photographs produced at Client’s event for personal, non-commercial purposes. Personal use includes posting to Client’s personal social media accounts, personal creations such as scrapbooks or gifts, and personal communications such as family newsletters, email, or holiday cards.

Business packages. Where Client has booked a Business package, Vendor grants Client a non-exclusive, perpetual, royalty-free license to use the photographs produced at Client’s event for Client’s own internal and promotional purposes, including Client’s owned social media channels, websites, internal communications, and event recap materials. This license does not extend to resale, licensing or sublicensing to third parties, stock distribution, or use in paid advertising placements without Vendor’s prior written consent.

Attribution. Vendor requests, but does not require, credit to Photobooth NYC where photographs are published.

Restrictions. Neither license permits Client to alter or remove any Vendor branding or watermark applied to the photographs, or to represent the photographs as Client’s own original work.

16.  Vendor Promotional Use

Vendor may use photographs, video, and images of its equipment and installations produced in connection with an event in the reasonable course of Vendor’s business, including in its portfolio, website, social media, and marketing materials. Where Client requires that images from a particular event not be used for this purpose, Client must notify Vendor in writing before the event date. If an individual appearing in a published image requests its removal, Vendor will remove it on request.

17.  Exclusivity

Client has engaged Vendor exclusively of any other provider of the same or similar services. No other service provider, other than an assistant or third party engaged by Vendor, may provide the same or similar services or products, paid or unpaid, at the locations and dates specified in this Agreement.

18.  Limitation of Liability

Vendor is liable only for services completed and provided by Vendor, and is not liable for the acts, omissions, or services of any other vendor engaged by Client. In no event is Vendor liable for indirect, incidental, special, consequential, exemplary, or punitive damages of any kind, or for lost profits, lost business, or loss of anticipated savings, whether or not Vendor has been advised of the possibility of such damages.

Vendor’s total aggregate liability arising out of or relating to this Agreement, whether in contract, tort, or otherwise, will not exceed the total amount paid by Client to Vendor under this Agreement. Nothing in these Terms limits liability that cannot be limited under applicable law.

19.  Indemnification

Client will indemnify, defend, and hold harmless Vendor and its members, officers, employees, and contractors from and against any claim, demand, loss, liability, damage, or expense, including reasonable attorneys’ fees, arising out of or relating to: (a) injury to any person or damage to any property at the event caused by Client, Client’s guests, or Client’s other vendors; (b) Client’s breach of these Terms; (c) Client’s use of photographs beyond the license granted in Section 15; or (d) any claim by a guest or third party arising from Client’s failure to provide notice or obtain consent as required under Section 13.

20.  Insurance

Vendor maintains the insurance coverage required for its operations, including workers’ compensation coverage for its employees. Certificates of insurance naming a venue or Client as additional insured are available on request, subject to reasonable notice before the event date. Requests received fewer than seven (7) days before the event may not be accommodated.

21.  Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of New York, without regard to its conflict of laws principles. The parties will first attempt in good faith to resolve any dispute through direct negotiation. Any dispute not resolved within thirty (30) days will be brought exclusively in the state or federal courts located in New York County, New York, and each party consents to the personal jurisdiction of those courts.

22.  General

Entire agreement. These Terms, together with Client’s package details, quote, and any signed service agreement, constitute the entire agreement between the parties and supersede all prior discussions and understandings. Where a signed service agreement conflicts with these Terms, the signed service agreement controls with respect to that booking.

Amendment. Vendor may update these Terms from time to time. The version in effect on the date of Client’s booking governs that booking.

Severability. If any provision is held unenforceable, the remaining provisions remain in full force and effect.

No waiver. Vendor’s failure to enforce any provision is not a waiver of its right to do so later.

Assignment. Client may not assign or transfer this Agreement without Vendor’s prior written consent. Vendor may subcontract performance to qualified personnel it engages.

Notices. Notices under these Terms must be given in writing to the contact details below or to the email address on Client’s service agreement.

23.  Contact

Photobooth NYC LLC

75 Wall Street, New York, NY 10005

[email protected]  ·  646-486-4630  ·  photoboothnyc.co