Flipfabulous Flipbooks Service Contract
AGREEMENT made this _________________, 2013, by and between ____________ _____________________hereinafter referred to as the Purchaser, and Flipfabulous, hereinafter referred to as the Provider.
WITNESSETH NOW THEREFORE, in consideration of the promises and the agreements herein contained and intending to be legally bound hereby, the Parties do agree as follows:
1. The Purchaser hereby engages the Provider to provide a Mobile Flipbook Studio Service. The service to be performed at Event Location:
(Event Name): ___________
(Venue Address): _______________
(Venue Contact Name): ________
(Venue Phone #): ______________________
2. Flipfabulous hereby agrees to provide a Mobile Flipbook Studio for the Purchaser at the above-mentioned location.
3. The said Mobile Flipbook Studio Service shall consist primarily of providing entertainment by means of a system which produces flipbooks made from video recorded on site.
4. Flipfabulous hereby agrees to render the professional services and is at all times to have complete control of the program.
5. The Parties hereby agree that the Mobile Flipbook Studio Service shall be provided and accepted on the following date(s) and time(s) of the engagement:
Start Time(s): ____
(2 hours minimum)
6. The Purchaser in consideration of the Mobile Flipbook Studio Service to be rendered by the Provider, and the mutual promises contained herein, hereby agrees to pay to the Provider the following consideration:
The Performance Fee is $_________________ for the time frame outlined above.
A non-refundable reservation fee of 25%, which is________, is required to secure the services of Flipfabulous for the engagement. This amount shall be applied toward the Performance Fee. Balance is due one week prior to the engagement.
Services requested that exceed the time frame outlined above will be charged at the rate of $350.00 plus tax____ per event kit, per hour, payable the day of the engagement. It may not always be possible to provide additional performance time. However, when feasible, requests for extended playing time will be accommodated.
Purchaser Initials _________ Flipfabulous ________
Additional Terms and Conditions:
The agreement of the Provider 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, Purchaser shall receive a full refund. Purchaser agrees that in all circumstances, Flipfabulous liability shall be exclusively limited to an amount equal to the performance fee and that Flipfabulous shall not be liable for indirect or consequential damages arising from any breach of contract.
All reservation fees are nonrefundable if cancelled within 15 days of the engagement unless the provider cancels the engagement.
All images recorded for the production of flipbooks are the property of Flipfabulous.
The Purchaser and Provider agree that this contract is not subject to cancellation unless both parties have agreed to such cancellation in writing. In the event the Purchaser breaches the contract, he or she shall pay the Provider the amount set forth above as "Wage agreed upon" as liquidated damages, 6% interest thereon, plus a reasonable attorney's fee.
It is hereby further agreed; that the Purchaser shall be held liable for any injury or damages to the Provider, or property of the Mobile Flipbook Studio, while on the premises of said engagement, if damage is caused by Purchaser or guest, members of his organization, engagement invitees, employees, or any other party in attendance, whether invited or not.
It is understood that if this is a "Rain or Shine" event, Flipfabulous compensation is in no way affected by inclement weather. For outdoor performances, Purchaser shall provide shelter for event area protecting from wind, rain, bright sunlight and all forms of inclement weather. Flipfabulous reserves the right, in good faith, to stop or cancel the 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 Provider’s compensation will not be affected by such cancellation.
In the event of circumstances deemed to present a threat or implied threat of injury or harm to Flipfabulous staff or any equipment in Flipfabulous possession, Flipfabulous reserves the right to cease performance. If the Purchaser is able to resolve the threatening situation in a reasonable amount of time (maximum of 15 minutes), Flipfabulous shall resume service in accordance with the original terms of this agreement. Purchaser shall be responsible for payment in full, regardless of whether the situation is resolved or whether Flipfabulous resumes service. In order to prevent equipment damage or liability arising from accidental injury to any individual attending this performance, Flipfabulous reserves the right to deny any guest access to the Mobile Flipbook Studio.
Purchaser shall provide Flipfabulous with safe and appropriate working conditions. This includes a 10-foot by 10-foot area for setup, space for setting up monitor, camera, backdrop and lighting stands. Flipfabulous requires a minimum of one 15-20-amp circuit outlet from a reliable power source within 50 feet (along the wall) of the set-up area. This circuit must be free of all other connected loads. Any delay in the service or damage to PicFlips’ equipment due to improper power is the responsibility of the purchaser. Two circuits are preferred, where possible. Purchaser shall provide crowd control if warranted; and furnishing directions to place of engagement. Purchaser is responsible for paying any charges imposed by the venue. These charges may include, but are not limited to, parking and use of electric power.
In the event of non-payment, Flipfabulous retains the right to attempt collection through the courts. Purchaser will be held responsible for all court fees, legal fees, and collection costs incurred by Flipfabulous. Purchaser shall be charged $25 for each bounced check plus a $7.50 service charge for each collection notice
This agreement guarantees that Flipfabulous will be ready to perform at the start time of the engagement. No guarantee is made as to Flipfabulous time of arrival; however, PicFlips requests that they be permitted ___90_____ minutes before the engagement and ___60___ minutes after the engagement for setup and takedown. Flipfabulous also requests ramp or elevator access between the parking/service entrance and the setup area. If the venue requires setup or takedown in less time, or if equipment must be carried up stairs or lifted onto a stage to reach the setup area, additional labor will be charged at the rate of $50.00. If Purchaser or venue requires Flipfabulous to complete setup more than one hour before the start time, or to postpone takedown more than one hour after the end time indicated, the additional time will be charged at the rate of $50.00 per hour.
Engagements within the Wichita metro area will not be assessed a travel charge. Services requiring travel outside of this area will be charged at $30.00 per hour plus $1.25 per mile one way plus expenses.
Special provisions & Additional Services Requested
__Custom covers to be provided at no additional charge if requested by Purchaser. If the Purchaser elects to have custom covers, final art direction and graphics must be provided by Purchaser 10 business days before the event to avoid rush charges. All art must be provided by Purchaser in a high resolution jpg format unless notified otherwise by Flipfabulous. The Purchaser will send art direction and files via email to email@example.com
Purchaser Initials _________ Flipfabulous _______
By executing this contract as Purchaser, the person executing said contract, either individually, or as an agent or representative, represents and warrants that 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 assumes full responsibility and liability under the terms of this contract.
All attached riders are an integral part of this contract. This contract will supersede any other contract. If any part of this contract is illegal or unenforceable, the remaining provisions of this contract will remain valid and enforceable to both parties. This contract contains the entire agreement between the parties and no statement, promises, or inducements made by any party hereto, or agent or representative or either party hereto, which are not contained in this written contract, shall be valid or binding. This contract shall not be enlarged, modified, or altered except in writing by both parties and endorsed hereon.
The laws of the State of Kansas shall govern this agreement. In the event of suit involving or relating to this agreement, Purchaser agrees that venue will be in Sedgwick County.
Purchaser agrees to defend, indemnify, assume liability for and hold Flipfabulous harmless from any claims, damages, losses and expenses by or to any person, regardless of the basis, which pertains directly or indirectly to Flipfabulous service. 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.
Purchaser may not transfer this contract to another party without the prior written consent of Flipfabulous. This agreement is not binding until signed by both Purchaser and Flipfabulous has received it. Any changes must be written and signed by both the Purchaser and Flipfabulous. Oral agreements are non-binding. If any clause in this agreement is found to be illegal, the rest of the agreement shall remain in force.
FlipFabulous may elect not to exercise their rights as specified in this agreement. By doing so, Flipfabulous does not waive their right to exercise those options at a future date.
THE PARTIES hereto promise to abide by the terms of this agreement and intend to be legally bound thereby.
Purchaser Printed Name: ____________
Street Address: __________
Daytime Phone: _________________
Craig and Karen Burrell Owners