Exclusive Photo Booth Vendor Agreement
BETWEEN: 29PM Events (the "Vendor"), a company organized and existing under the laws of California, with its office located at:
795 W Arrow Hwy,
Upland, CA 91786
AND: (the "Company"), an individual with their main address located at OR a company organized and existing under the laws of California, with its main office located at:
WHEREAS the Company intends to exclusively use the Vendor for all photo booth related services set forth in this Agreement.
Company hereby appoints Vendor as Company's exclusive photo booth vendor of photo booth related services to the Company, and Vendor accepts that position.
a. Company, to the extent that it is legally Permitted to do so, (i) shall not appoint any vendor or agent in California for any photo booth related services, (ii) shall use its best efforts to prevent customers from using other Photo Booth competitors in California.
If Company or any Affiliate is contracted by any party inquiring about the rental of Photo Booth related services in California, Company shall, or shall cause that Affiliate to, refer such party to Vendor for handling.
a. Vendor is an independent contractor and is not the legal representative or agent of Company for any purpose and shall have no right or authority (except as expressly provided in this Agreement) to incur, assume or create in writing or otherwise, any warranty over any of Company's employees, all of who are entirely under the control of Company, who shall be responsible for their acts and omissions.
b. Vendor shall, at it's own expense, during the term of this Agreement and any extension thereof, maintain full insurance under any Workmen's Compensation Laws effective in the state or other applicable jurisdiction covering all persons employed by and working for it in connection with the performance of this Agreement, and upon request shall furnish Company with satisfactory evidence of the maintenance of such insurance.
c. Vendor accepts exclusive liability for all contributions and payroll taxes required under Federal Social Security Laws and State Unemployment Compensation Laws or other payments under any laws of similar character in any applicable jurisdiction as to all persons employed by and working for it.
d. Nothing contained in this Agreement shall be deemed to create any partnership or joint venture relationship between the parties.
Vendor agrees to exercise its best efforts to develop the largest possible market for the Products in California and shall continuously offer, advertise, demonstrate and otherwise promote the sale of Products in California.
Company agrees that it will not supply or represent any photo booth related services in California which compete with the services of Vendor during the term of this Agreement or any extensions thereof.
a. Vendor shall, at its expense, engage and maintain a sales, and service organization in California, staffed with such experienced personnel as are necessary to enable supply to perform its obligations under this Agreement.
b. Vendor shall, at its expense, maintain facilities and personnel in California that will enable it promptly and satisfactorily to perform, maintenance and other necessary servicing of photo booth related services by Vendor.
c. Vendor shall, at its expense, at all times store and maintain its inventory of photo booth related services.
a. Company shall place a $100 deposit to reserve the photo booth for any specified date. The remaining balance is due the day of the event.
b. Vendor shall provide a photo booth service agreement per event reservation.
c. Company is more than welcome to keep all communication with Customer; Vendor is available to handle communication with Customer for anything photo booth related.
d. Company shall have the following exclusive price points from Vendor, (i) $350 for 2 hours of service, (ii) every additional hour of service is $100, (iii) $2.50 every mile outside our regular 35-mile radius of Upland, CA service area, (iv) 50% discount on all photo booth related add-ons like scrapbooks, limited backdrops, etc.
Vendor reserves the right, in its sole discretion, to change prices or discounts applicable to the products/services. Vendor shall give written notice to Company of any price change at least 30 days prior to the effective date thereof. The price in changes shall have no effect on events past the effective date if reserved prior to the price change effective date. Vendor is only allowed to make price changes once every 365 days if needed.
This Agreement contains the entire understanding of the parties and there are no commitments, agreements, or understandings between the parties other than those expressly set forth herein. This agreement shall not be altered, waived, modified, or amended except in writing signed by the parties hereto.
The parties have executed this Agreement on September 24, 2023
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Signed by Melvin Adame Signed On: July 12, 2022
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Document Name: Exclusive Photo Booth Vendor Agreement
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