Terms & Conditions / Service Agreement

Effective Date: May 27, 2025

This Terms & Conditions / Service Agreement ("Agreement") is entered into between BEST (Billings Environmentally Sustainable Transportation) d/b/a Kiss Photography ("Kiss Photography," "we," "us," or "our"), a Montana 501(c)(3) nonprofit organization, and the client booking our photobooth services ("Client," "you," or "your"). By booking and utilizing Kiss Photography's services, you agree to be bound by these terms.

1. Services Provided

Kiss Photography agrees to provide photobooth rental services as detailed in the chosen package (e.g., "The BEST Kiss Photo Booth," "Classic Photobooth," "Digital Photobooth") and any agreed-upon add-ons (e.g., Video Guestbook). Full descriptions of our packages are available on our website at kissphotography.net.

2. Booking and Payment

• Inquiry & Quote: All bookings begin with an inquiry. We will provide a customized quote based on your selected package, duration, add-ons, and location.
• Reservation: A date is not reserved until a signed Agreement and a non-refundable deposit (typically [e.g., 50% of total package price] or a flat fee of [e.g., $X]) are received.
• Payment Schedule:
• Deposit: [e.g., 50%] of the total package price due upon booking. This deposit is non-refundable.
• Final Payment: The remaining balance is due [e.g., 14 days] prior to the event date.
• Payment Methods: We accept payments via [e.g., major credit cards through Shopify Payments, bank transfer, check].
• Late Payment: If the final payment is not received by the due date, Kiss Photography reserves the right to cancel the booking.
• Pricing: All prices quoted are for the agreed-upon duration and services. Additional fees may apply for extended hours, specific customizations, or travel outside the standard radius (see Section 5).

3. Cancellation & Rescheduling Policy

• Client Cancellation:
• Non-Refundable Deposit: All deposits are non-refundable.
• Cancellation [e.g., 60 days or more] prior to event: Any payments made beyond the non-refundable deposit will be refunded.
• Cancellation [e.g., 30-59 days] prior to event: [e.g., 50%] of the total package price is non-refundable.
• Cancellation [e.g., less than 30 days] prior to event: The full package price is non-refundable.
• All cancellations must be made in writing (email accepted).
• Client Rescheduling:
• If Client requests to reschedule the event, the non-refundable deposit will be transferred to the new date, provided the new date is available and notice is given at least [e.g., 30 days] prior to the original event date.
• If rescheduling occurs less than [e.g., 30 days] before the original event, an additional rescheduling fee of [e.g., $100] may apply, and services are subject to availability.
• Kiss Photography Cancellation: In the unlikely event that Kiss Photography is unable to provide services due to unforeseen circumstances (e.g., serious equipment failure, emergency, severe weather rendering travel unsafe), we will:
• Immediately notify the Client.
• Attempt to find a suitable replacement or alternative solution.
• If no alternative is possible, issue a full refund of all amounts paid by the Client. Kiss Photography's liability will be limited to the refund of monies paid.

4. Event Day Logistics

• Access & Setup: Client agrees to provide clear access for setup and breakdown of photobooth equipment at least [e.g., 60-90 minutes] prior to the service start time and [e.g., 45-60 minutes] after the service end time.
• Space & Power: Client must provide a minimum space of [e.g., 10x10 feet] for the photobooth area, with access to a standard 120V power outlet within [e.g., 20 feet]. For outdoor events, Client must provide adequate shelter from sun, rain, and wind, and ensure a level surface.
• Wi-Fi Access: For instant sharing features (digital booths, 360 videos), reliable Wi-Fi access (or strong cellular signal) at the event location is highly recommended. While we strive to provide offline sharing capabilities, performance may be affected without it.
• Attendant Needs: Client agrees to provide safe working conditions for the attendant. For events over [e.g., 4 hours], a brief break for the attendant may be required.
• Guest Conduct: Client is responsible for the conduct of their guests. Any damage to equipment caused by misuse or negligence will be the Client's financial responsibility.

5. Travel Fees

A standard travel fee of [e.g., $X] per [e.g., 50 miles] (round trip) may apply for events located outside a 30-mile radius of Helena, Montana. This will be included in your initial quote.

6. Use of Photos & Videos

• Client Rights: The Client receives full rights to use all photos and videos from their event for personal, non-commercial purposes.
• Kiss Photography Rights: Client agrees that Kiss Photography may use photos and videos taken at the event for its promotional purposes, including on its website (kissphotography.net), social media (Facebook, Instagram), and other marketing materials, unless explicitly requested otherwise in writing prior to the event. We will endeavor to obtain appropriate consent from individual participants for public use. [CRITICAL: This is where you connect to the Privacy Policy section about image use. Ensure consistency! Consider adding a physical waiver or sign at the booth.]

7. Equipment & Malfunctions

Kiss Photography warrants that all equipment is in good working order. In the rare event of a major equipment malfunction that prevents service delivery for more than [e.g., 30 minutes], Kiss Photography will issue a partial refund for the lost service time. Kiss Photography is not liable for minor delays or issues that do not significantly impact service.

8. Limitation of Liability

In the unlikely event that Kiss Photography is unable to provide services due to circumstances beyond its control (e.g., extreme weather, national emergency, government mandate, vehicle breakdown, illness), its liability shall be limited to the refund of all monies paid by the Client for the affected service. Kiss Photography is not responsible for consequential damages or losses.

9. Nonprofit Mission

Kiss Photography is operated by BEST (Billings Environmentally Sustainable Transportation), a Montana 501(c)(3) nonprofit organization. A portion of every booking directly supports our mission to promote personal, social, and environmental well-being through community initiatives. Your booking contributes to a greater cause.

10. Governing Law & Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of the State of Montana. Any disputes arising under this Agreement shall first be attempted to be resolved through good faith negotiation. If unsuccessful, disputes shall be resolved in the courts located in Helena, Montana.

11. Entire Agreement

This Agreement constitutes the entire agreement between the Client and Kiss Photography regarding the services.

12. Contact Information

For any questions regarding these Terms & Conditions, please contact us at: [Your Email Address, e.g., info@kissphotography.net