This PHOTO BOOTH RENTAL AGREEMENT PARTY NOW, PAY LATER INSTALLMENT AGREEMENT (this "Agreement") is made by and between 360PhotoSwirl (the "Company") and the inquirer of services (the "Client") relating to any event(s) (the "Event(s)") booked through the booking forms ( "Book Online") located on the Company's website (www.360photoswirl.com) or any other related website or page operated by the Company (www.360photoswirl.trafft.com) while selecting one (1) of the two (2) pay over time options.

YOU ARE ENTERING INTO A CONTRACT WITH THE COMPANY. PLEASE READ THIS AGREEMENT IN ITS ENTIRETY.

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PARTY NOW, PAY LATER INSTALLMENT AGREEMENT

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The Party Now, Pay Later Installment Agreement “Agreement” includes the Final Payment Schedule that is sent to the Client from the Company after The Client completes their booking through our booking page that will contain their one hundred and fifty (150) dollar deposit, first payment of your installment, payment amounts and due dates. The Final Payment Schedule will supersede and replace the Payment Schedule.

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As a condition of the Pay Now, Party Later agreement hereunder, the Client agrees to pay the requirement of their first installment payment equal to a portion of the final purchase amount confirmed by the Company's listed service prices following receiving an invoice via email, which shall be agreed to prior to booking any services.

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PROMISE TO PAY: The Agreement governs the Clients remaining balance to us in the agreement in exchange of services provided to the Client from the Company. You promise to pay the sum of your 1st installment payment and other payment amounts under this Agreement on the dates and according to the amounts displayed as “1st Payment” and “Remaining Payment Schedule” (together, your “Payment Schedule”) as it may be revised by the Final Payment Schedule (inclusive of all taxes and fees), plus all other charges accruing under this Agreement until paid in full. You understand that the actual amounts and due dates of your “1st Payment” and the payments in your “Remaining Payment Schedule” will be provided to you electronically via email and/or Msg as a supplement to this Agreement (the “Final Payment Schedule.”)

THERE ARE NO FINANCE CHARGES AND NO INTEREST PAYMENTS ASSOCIATED WITH THIS AGREEMENT. The Company of the Clients Payment Method (defined above) may charge late fees or other charges in accordance with the terms and conditions stated in this agreement.

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1.Use of Proceeds and Disbursement Authorization

By electronically accepting this Agreement and completing a purchase, you agree to pay the 1st payment amount to us which sets your payment schedule, and we agree to implement our obligations as a Company to provide the Client with the agreed services. The Client promises to pay the Company the amounts disclosed in your Final Payment Schedule provided to you electronically as part of this Agreement that will include any amounts added by the Client in addition to the purchases of the service(s). You also agree to pay any applicable Late Fees (as defined below) you incur under this Agreement. Please be aware that by entering this Agreement you are incurring a personal obligation of services for personal use.

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2.Installment Payments

When the Client accepts this Agreement and completes a booking with the "Party Now, Pay Later" scheduled payment, the Client will identify their preferred method of payment in the invoice, designating an eligible US-issued credit or debit card as your “Payment Method.” In addition to the required first (1st) payment, you must make either two (1) or four (3) payments to us (each, an “Installment Payment”) in the amounts shown under “Remaining Payment Schedule” in your Final Payment Schedule. You are responsible for ensuring that you have sufficient funds available to make Installment Payments on the dates specified in your Final Payment Schedule.

Services you may book using Party Now, Pay Later only include the Company's booking services through our online booking page "Book Online" on our website.

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3.Late Payments

There are no finance charges or interest associated with this Agreement. However, if an Installment Payment is not paid on or prior to the due date specified in the Final Payment Schedule and remains unpaid for a period of ten (10) days after the due date (or such additional

grace period required by applicable law), the Late Fee indicated in the Payment Schedule (if any) will be imposed, up to a maximum of two hundred (200) dollars. Additionally, the aggregate sum of Late Fees associated with a particular order will not exceed 25% of the order value at the time of purchase. Thus, lower value bookings may be subject to fewer or lesser Late Fees in the event of late payment.

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4.Delinquency and Default

If you fail to make any payment when due in the manner required by this Agreement, you will be delinquent. If you are delinquent, have filed or have instituted against your bankruptcy or insolvency proceedings or are in breach any other material term of this Agreement, we may, to the extent and at the time permitted by applicable law, deem you in default and accelerate the maturity of this Agreement and all payments due hereunder. If you fail to make a payment required under this Agreement, we reserve the right to limit, restrict, suspend or terminate your access to "Party Now, Pay Later" payment option or any further bookings with 360 Photo Swirl.

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5.Approval and Cancellation

All "Party now, Pay Later" payment options are subject to our approval. If we identify that the submitted booking form is associated with a previous account labeled as a delinquent (as defined above) We may, in our sole discretion, not approve your payment option, or cancel a confirmed booking where the Company would have with no further obligation, retain any monies already paid, and not attend the Event(s). The Client will have no obligation to make any further payments to the Company, or continue any other ongoing relationship with us, with respect to your booking submission.

You agree that we may conduct research in suspicion to determine your delinquency status to use the services including of third parties. This includes consent for 360 Photo Swirl to obtain personal information such as name, address, bank information to verify accounts that may be associated with Client's labeled as a delinquent.

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6.Express Written Consent to Receive Short Message Service (“SMS”) Communications & Email Communications and Marketing

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(a) Notwithstanding any current or prior election to opt in or opt out of receiving telemarketing calls or SMS messages (including text messages) from us, our agents, representatives, affiliates, or anyone calling on our behalf, you expressly consent to be contacted by us, our agents, representatives, affiliates, or anyone calling on our behalf for any and all purposes arising out of or relating to this Agreement, at any telephone number, or physical or electronic address you provide or at which you may be reached. You agree we may contact you in any way, including SMS and text messages, calls using prerecorded messages or artificial voice, and calls and messages delivered using auto telephone dialing system or an automatic texting system. Automated messages may be played when the telephone is answered, whether by you or someone else. In the event that an agent or representative calls, he or she may also leave a message on your answering machine, voice mail, or send one via text. You also expressly consent to the receipt of electronic communications in connection from the Company, 360 Photo Swirl or any third party, that is engaged by 360 Photo Swirl to collect any amount owed under this Agreement.

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(b) You consent to receive SMS and text messages, calls and messages (including prerecorded and artificial voice and autodialed) from us, our agents, representatives, affiliates or anyone calling on our behalf at the specific number(s) you have provided to us, or numbers we can reasonably associate with your account (through skip trace, caller ID capture or other means), with information or questions about your application, this Agreement and/or your account. You certify, warrant and represent that the telephone numbers that you have provided to us are your contact numbers. You represent that you are permitted to receive calls at each of the telephone numbers you have provided to us. You agree to promptly alert us whenever you stop using a particular telephone number.

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(c) By signing this Agreement, you are providing express written consent to receive SMS and text messages to each telephone number provided by the Client to us regarding this Agreement for our booking services. You agree that you are responsible for any message, data rates or fees that your telephone service provider charges in relation to SMS messages sent and received by you. If you have any questions regarding those rates, please contact your wireless carrier.

(d) If you wish to withdraw your consent to have communications provided via SMS, you may opt-out of receiving SMS from us at any time by emailing us at info@360photoswirl.com Upon receipt of your message, we will process the request and it will be effective only after we have a

reasonable period of time to process your request. If you fail to provide or if you withdraw your consent to receive SMS communications as set forth in this section, 360 Photo Swirl reserves the right to restrict, deactivate or close your Account and you agree that you may be prevented from using "Party Now, Pay Later" payment option

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(e) You agree that we may send you marketing communications to the email address you have provided including but not limited to targeted offers, introduction of new features, or other special announcements. You may opt out of these marketing communications at any time by using the “unsubscribe” link within a marketing email.

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7.Miscellaneous

This Agreement is effective until all amounts due under the Agreement are paid in full or otherwise cancelled or refunded. If any provision of this Agreement (or any portion thereof) is determined to be invalid or unenforceable, the remaining provisions of this Agreement shall not be affected thereby and shall be binding upon the parties and shall be enforceable, as though said invalid or unenforceable provision (or portion thereof) were not contained in this Agreement. This Agreement, including all documents incorporated by reference, constitutes, and contains the entire agreement between you and us with respect to the subject matter hereof and supersede any prior or contemporaneous oral or written agreements.

 

THIS AGREEMENT IS FULLY SUBJECT TO YOUR CONSENT TO ELECTRONIC TRANSACTIONS AND DISCLOSURES PREVIOUSLY PROVIDED.

 

Last updated July 2022