TERMS OF SERVICE

 

Effective Date: Jan.01.2024

THIS DOCUMENT CONTAINS IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.

THESE TERMS AND CONDITIONS TAKE EFFECT WHEN YOU CLICK THE “RENT NOW” BUTTON (THE “EFFECTIVE DATE”), PURSUANT TO WHICH YOU: (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS; (B) REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, POWER AND AUTHORITY TO ENTER INTO THIS RENTAL AGREEMENT AND, IF ENTERING INTO THIS RENTAL AGREEMENT FOR AN ORGANIZATION, THAT YOU HAVE THE LEGAL AUTHORITY TO BIND THAT ORGANIZATION; AND (C) ACCEPT THESE TERMS AND AGREE THAT YOU ARE LEGALLY BOUND BY THESE TERMS. THESE TERMS MAY ONLY BE WAIVED OR MODIFIED IN A WRITTEN AGREEMENT SIGNED BY AN AUTHORIZED REPRESENTATIVE OF Gordino Photo Booth.

These Rental Terms and Conditions (together with any documents, policies, etc. referenced herein, these “Terms”) shall govern the rental of products, which may include, without limitation, the photo box shown on gordinophotobooth.com (the “Site”), consisting of a high resolution camera, a touch screen, a studio light, and a photo printer (collectively, the “Products”), and purchase of certain additional services from Gordino Photo Booth, You (“Customer”) and Gordino Photo Booth are sometimes hereinafter referred to collectively as, the “Users” and severally as, a “Customer.”

These Terms are subject to change by Gordino Photo Booth without prior notice at any time, in Gordino Photo Booth’s sole discretion. The latest version of these Terms will be posted on this Site, and Customer should review these Terms before renting the Products or purchasing services that are available through the Site. Customer should also carefully review Gordino Photo Booth’s Privacy Policy before placing an order for products or services.

  • Order.
    • To place an order, each Customer must:
      1. first, complete an availability inquiry on the Site by selecting Customer’s desired rental date (the “Rental Date”), state in which the event will take place, and providing Customer’s e-mail address;
      2. then, provided the desired Rental Date is available, determine whether to purchase additional optional services, including, but not limited to, photo print, backdrop, re during the event;
      3. next, provide the necessary contact information, including, Customer’s first and last name, mobile phone number, e-mail address, delivery address, and, if different from the delivery address, billing address (collectively, “Contact Data”); and
      4. finally, select the desired payment method and provide the corresponding information necessary to complete and submit the order for processing (Sections 1(1)-1.(4), collectively referred to herein as, the “Order”).
    • Customer agrees that its Order is an offer to rent, under these Terms, the Products and services listed in the Order. All Orders must be accepted by Gordino Photo Booth or Gordino Photo Booth will not be obligated to rent the Products to Customer. Gordino Photo Booth may choose not to accept an Order in Gordino Photo Booth’s sole discretion.
    • Acceptance of Customer’s Order and the formation of the rental agreement (together, with these Terms, the “Rental Agreement”) between Gordino Photo Booth and Customer shall not take place unless and until Customer has submitted its Order in accordance with Sections 1(1)-1(4) above, and Gordino Photo Booth has successfully processed the Order.
    • Upon formation of the Rental Agreement, at latest with the chosen event date, Customer shall be provided with complimentary access to the Gordino Photo Booth Client Portal (the “Web”), according to which Customer can, among other things, access the customer portal, view order(s), view Customer’s information and share other information for the event, and inquire into future reservations. 
  • Rental Fees. The rental fees for the Products (the “Rental Fees”) shall be posted on the Site and are exclusive of transportation and insurance costs, duties, and all taxes, including, but not limited to, federal, state, provincial, and local sales, excise, value-added, goods and services taxes, and any other taxes. All charges will be itemized in the Customer’s cart during the Order confirmation process.
  • Payment. Terms of payment are within Gordino Photo Booth’s sole discretion and payment must be received prior to the commencement of the Rental Term (as defined herein). Customer acknowledges that Gordino Photo Booth will not be obligated to deliver the Products unless and until Customer pays at least half of the full amounts due and owing to Gordino Photo Booth, including, without limitation, the Rental Fees. Gordino Photo Booth offers Customers a payment method that can be found on the Site at Payment. Customer represents and warrants that: (a) any credit card information supplied to Gordino Photo Booth is true, correct, and complete; (b) Customer is duly authorized to use such credit card for the rental; (c) charges incurred by Customer will be honored by Customer’s credit card company; and (d) Customer will pay charges incurred by it, including all applicable taxes, if any.
  • Delivery; 
    • Gordino Photo Booth will deliver the Products to the Customer at the delivery address specified by the Customer during the Order confirmation process or in the customer portal.
  • Acceptance; Returns.
    • Products will be deemed to have been accepted by Customer upon delivery by Gordino Photo Booth to Customer at the Rental Location. At the time of delivery, Gordino Photo Booth shall provide a friendly Operator to direct users of the product(s) with instructions regarding the use of the product (s) which Customers shall comply with in all respects.
    • The use of the Products by Customer beyond the expiration of the Rental Term shall constitute a breach of these Terms and shall entitle Gordino Photo Booth to demand payment from Customer as per the product rate.
    • Gordino Photo Booth shall be responsible for returning the product to its office. 
  • Term.
    • The rental period shall begin at the time selected by the client when making the order and shall end at the time stated on the order.
  • Cancellation.
    • Gordino Photo Booth shall have the right to cancel the Rental Agreement at any time, and for any reason, by providing prior written notice to Customer.
    • Customer shall have the right to cancel the Rental Agreement at any time, and for any reason, until six (6) days prior to the Rental Date, provided that Customer shall provide prior written notice of its intent to cancel the Rental Agreement to Gordino Photo Booth. Notwithstanding the foregoing, any cancellation by Customer shall be subject to the following cancellation penalties, as applicable:
      1. Zero percent (0%) of the Rental Fee if Customer cancels the Rental Agreement anytime not less than a week before the Rental Date;
      2. Fifty percent (50%) of the Rental Fee if Customer cancels the Rental Agreement within seven (7) days before the Rental Date.
    • If Customer cancels the Rental Agreement, then Gordino Photo Booth agrees to refund Customer the Rental Fee less the applicable cancellation penalties set forth above. 
    • Moreover, Gordino Photo Booth may, in Gordino Photo Booth’s sole discretion, grant Customer the right to postpone the reservation in lieu of cancellation; provided, however, that in such instance, Customer shall be subject to a cancellation penalty equal to fifty percent (50%) of the Rental Fee if Customer ultimately cancels such postponed reservation, regardless of when Customer decides to cancel.
  • Product Ownership. The Products are, and shall at all times be, the sole and exclusive property of Gordino Photo Booth. The Products are rented (and not sold) to Customer for use during the Rental Term as specified in the Order. All right, title and interest in the Products, including, without limitation, all patents, copyrights, trade secrets and other proprietary rights associated with the Products, shall at all times remain solely and exclusively the property of Gordino Photo Booth, whether or not specifically recognized or perfected under the laws of the jurisdictions in which the Products are used or rented (as the case may be). Customer shall have no right, title or interest in the Products except the quiet enjoyment and use thereof subject to the terms and conditions of this Rental Agreement. Customer shall keep the Products free and clear of all liens, encumbrances and charges of any nature. Customer shall not take any action that jeopardizes Gordino Photo Booth’s rights, including intellectual property rights, or acquire any right in the Products. Except as may be specifically provided elsewhere in these Terms, no license under any patents, copyrights, trademarks, trade secrets, or any other intellectual property rights are granted by Gordino Photo Booth to Customer.
  • Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Gordino Photo Booth SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR ARISING OUT OF THIS RENTAL AGREEMENT OR THE USE OF THE PRODUCTS OR SERVICES, HOWEVER SUCH DAMAGES ARISE AND/OR WHETHER SUCH DAMAGES ARE CLAIMED IN TORT, CONTRACT OR OTHER ACTION, EVEN IF Gordino Photo Booth HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL Gordino Photo Booth BE LIABLE FOR (A) ANY DAMAGES THAT EXCEED THE AMOUNT PAID BY CUSTOMER FOR THE PRODUCTS OR SERVICES WITHIN THE TWELVE (12) MONTHS PRIOR TO THE DATE OF THE ACTION WHICH GAVE RISE TO THE CLAIM FOR SUCH DAMAGES.
  • Exclusion of Warranties. EXCEPT AS OTHERWISE PROVIDED IN THESE TERMS, Gordino Photo Booth MAKES NO WARRANTY WHATSOEVER, WHETHER WRITTEN, ORAL, STATUTORY, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Gordino Photo Booth SPECIFICALLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AGAINST INTERFERENCE OR NON-INFRINGEMENT.
  • Gordino Photo Booth’s Duties. Gordino Photo Booth shall provide Customer with exclusive use of the Products for the Rental Term in exchange for the agreed Rental Fee. Gordino Photo Booth shall make reasonable efforts to provide for timely delivery of the Products to the Rental Location.
  • Customer Representations & Warranties. Customer represents and warrants for the benefit of Gordino Photo Booth that the statements contained are true and correct as of the date hereof.
    • If Customer is an entity, Customer is duly organized, validly existing, in good standing, and duly licensed and qualified to do business under all applicable laws; and
    • Customer has full power and authority to enter into this Rental Agreement, carry out its obligations hereunder, and consummate the transactions contemplated hereby.
  • Customer Covenants. Customer agrees that it shall comply with the following covenants:
    • Customer shall comply with all applicable laws;
    • Customer shall use the Products in a good and careful manner, and solely for the purpose for which they were designed and not for any other purpose. Customer shall comply with the operator instructions provided by Gordino Photo Booth. Customer shall ensure that its guests (“Guests”) operate the Products in accordance with such instructions; and
    • Customer is renting the Products for its own use and shall not sublease the use of the Products to any third Customer without the prior written consent of Gordino Photo Booth. For the avoidance of doubt, Gordino Photo Booth hereby consents the use of the Products by Guests at any event that serves as the basis for which Customer has rented the Products; provided that Customer shall be wholly and solely liable for actions taken by Guests which lead to any loss of, or damage to, the Products, even if such actions or inactions are due to the negligence or willful misconduct of Guests.
  • Customer’s Use of the Products.
    • Customer shall not remove the Products from the Rental Location 
    • Upon receipt of the Products, if Customer discovers any defect that Customer reasonably believes could render the Products unsuitable for their intended purpose, Customer shall immediately notify Gordino Photo Booth by phone at the phone number set forth on the Site: (773) 691-1375, and refrain from, and prevent Guests from, further use of the Products;
    • Customer shall take all actions necessary to protect the Products from damage, including, without limitation, the effects of adverse weather and climate conditions;
    • Customer shall not remove or alter any markings, including, but not limited to, signs, numbers or inscriptions on the Products;
    • Customer shall not alter, modify or attach any object to the Products without prior written consent of Gordino Photo Booth. If Gordino Photo Booth grants such written consent, Customer shall restore the Products to their original condition prior to the end of the Rental Term; and
    • Customer covenants to use the Products in accordance with the following directives:
      1. the Products may only be used indoors, in wind- and weather-protected huts, tents, etc., or in comparable premises and/or shelters;
      2. the Products must not be exposed to direct sunlight;
      3. the operating temperature of the Products, in particular the printer, must be no less than fifty (50) degrees Fahrenheit (ten (10) degrees Celsius) and no more than one hundred four (104) degrees Fahrenheit (forty (40) degrees Celsius); and
      4. the humidity of the Rental Location must be between thirty percent (30%) and eighty percent (80%).
  • Privacy. Our Privacy Policy, which can be found at the following link: Privacy Policy, governs the processing of all personal data collected in connection with the rental of the Products, or purchase of additional services, through the Site.
  • Indemnity. Customer shall indemnify, defend and hold harmless Gordino Photo Booth, its affiliates, its and their successors and assigns, and its and their respective directors, officers, managers, members, employees, consultants, financial advisors, counsel, accountants, and other agents (collectively, “Indemnitees”) against any and all losses, injury, death, damages, liabilities, claims, deficiencies, actions, judgments, interest, awards, penalties, fines, costs, or expenses of whatsoever kind and nature, including attorneys’ fees and the cost of enforcing any right to indemnification under these Terms (collectively, “Losses”) relating to, arising out of, or in connection with the transactions contemplated by these Terms, including without limitation: (a) the rental, possession, maintenance, use, condition, repair, return, disposition, operation, storage, or transportation of the Products, any parts, or any modifications thereto (including, without limitation, latent and other defects, whether or not discoverable by Gordino Photo Booth or Customer); (b) any inaccuracy in or breach of any of the representations of Customer contained in these Terms; (c) any breach or non-fulfillment of any covenant, agreement, or obligation to be performed by Customer pursuant to these Terms; (d) any assertion of the infringement of patent, trade secret, trademark, copyright, or other intellectual property rights of third Users; and (e) the actions or inactions of Guests or sub-customers, as applicable, regardless of whether such actions or inactions are due to the negligence or willful misconduct such Guests or sub-customers.
  • Miscellaneous.
    • Each Customer shall deliver all notices, requests, consents, claims, demands, waivers and other communications under these Terms in writing and addressed to the other Customer at either its e-mail address included on the Site, in the case of Gordino Photo Booth, or used to place the Order or included in the customer portal, in the case of Customer. 
    • The headings in these Terms are for reference only and shall not affect the interpretation of these Terms.
    • If any term or provision of these Terms is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability does not affect any other term or provision of these Terms or invalidate or render unenforceable such term or provision in any other jurisdiction.
    • These Terms constitute the sole and entire agreement of the Users hereto with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter.
    • No amendment, recission, termination, waiver, or discharge of these Terms is effective unless made in writing and signed by an authorized representative of each Customer.
    • All rights and remedies of Gordino Photo Booth provided in these Terms are cumulative and not exclusive, and the exercise by Gordino Photo Booth of any right or remedy does not preclude its exercise of any other rights or remedies that may now or subsequently be available to Gordino Photo Booth at law, in equity, by statute, in any other agreement between the Users, or otherwise.
    • Customer acknowledges that a breach or threatened breach by Customer of any of its obligations under these Terms could give rise to irreparable harm to Gordino Photo Booth for which money damages would not be an adequate remedy and hereby agrees that in the event of a breach or threatened breach by Customer of any of such obligations, Gordino Photo Booth will, in addition to any and all other rights and remedies that may be available to Gordino Photo Booth in respect of such breach, be entitled to seek equitable relief, including a temporary restraining order, an injunction, specific performance, and any other relief that may be available from a court of competent jurisdiction (without any requirement to post bond).
    • These Terms are binding on and inure to the benefit of the Users hereto and their respective successors and permitted assigns.
    • These Terms benefit solely the Users and their respective successors and permitted assigns and nothing in these Terms, express or implied, confers on any other Customer any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason hereof.

 

  • EACH Customer ACKNOWLEDGES AND AGREES THAT ANY CONTROVERSY THAT MAY ARISE UNDER THESE TERMS IS LIKELY TO INVOLVE COMPLICATED AND DIFFICULT ISSUES AND, THEREFORE, EACH SUCH Customer IRREVOCABLY AND UNCONDITIONALLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LEGAL ACTION, PRECEDING, CAUSE OF ACTION, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THESE TERMS, OR THE TRANSACTIONS CONTEMPLATED HEREBY.
  • No Customer shall be liable or responsible to the other Customer, or be deemed to have defaulted under or breached these Terms, for any failure or delay in fulfilling or performing any of these Terms (except for any obligations of Customer to make payments to Gordino Photo Booth hereunder), when and to the extent such failure or delay is caused by or results from acts beyond the impacted Customer’s (“Impacted Customer”) reasonable control, including, without limitation, the following force majeure events: (a) acts of God; (b) flood, fire, earthquake, epidemics, pandemics, or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, or actions; (e) embargoes or blockades in effect on or after the date of these Terms; (f) national or regional emergency; and (g) other similar events beyond the reasonable control of the Impacted Customer.

 

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