Terms of Service

Introduction

Welcome to SD Selfie Booth (“SD Selfie Booth,” “we,” “our,” or “us”). These Terms of Service (the “Terms”) govern your use of our website, products, and services, including any photo booth rental you book with us. By accessing or using our website, or by booking, paying for, or using our services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the site or our services.

Acceptance of Terms

By accessing or using our services you acknowledge that you have read, understood, and agree to be bound by these Terms. If you are entering into these Terms on behalf of an organization, you represent that you have the authority to bind that organization, and “you” refers to both you and that organization.

Service Description

SD Selfie Booth provides digital, self service photo booth rentals and related services for weddings, quinceañeras, corporate events, and other private and public events. We reserve the right to modify, suspend, refuse, or discontinue any part of our services at any time, with or without notice, and to decline or cancel any booking at our sole discretion.

Booking, Deposits, and Payment

A booking is confirmed only after we receive (a) your signed booking agreement and (b) the required non refundable deposit. The remaining balance is due in full on or before the date stated in your booking agreement. We reserve the right to cancel any booking for which the balance has not been paid on time, and any amounts already paid will be retained as set out in these Terms.

All prices quoted on our website or in any communication are current as of the date shown and may change at any time before a booking is confirmed. Payment processing is handled by third party payment providers; we do not store your full payment card details.

No Refunds; No Credits

ALL PAYMENTS, INCLUDING DEPOSITS AND BALANCE PAYMENTS, ARE FULLY NON REFUNDABLE. No refunds will be issued and no credits will be applied toward future bookings for any reason, including but not limited to: client cancellation, change of event date, change of venue, change of plans, no show, weather conditions, illness, venue closure, government action, or any other circumstance, whether within or outside the client’s control. If you wish to reschedule, we may, in our sole discretion, offer to apply your existing payment to a new event date subject to availability, but we are under no obligation to do so. This no refund policy is a material term of your booking and you acknowledge it by accepting these Terms.

Setup, Access, Space, and Power

You are responsible for ensuring that, at the agreed setup time, our team has (a) safe, unobstructed access to the venue, (b) a level, dry, indoor or weather protected location of at least 8′ × 8′ (or as otherwise specified in your booking), and (c) a standard 110V grounded power outlet within 25 feet of the booth location. You are responsible for obtaining any venue permissions, permits, or insurance required for the booth to be set up at your venue. We are not responsible for any delay, reduction in active rental time, or inability to provide the service that results from inadequate access, power, space, permissions, or other venue conditions that are not our responsibility, and no refund or credit will be given on that basis.

User Conduct

You agree that you and your guests will not:

• Use the booth or our services for any unlawful purpose
• Submit, capture, or share content that is defamatory, obscene, harassing, threatening, infringing, or that violates the privacy, publicity, or other rights of any person
• Misuse, tamper with, modify, move, attempt to repair, or dismantle any part of the booth or our equipment
• Interfere with the safe operation of the booth or with our staff
• Provide false or misleading information to us during booking or at the event

We may, at our sole discretion and without refund, suspend or terminate the rental and remove our equipment from the venue if we reasonably believe these conduct rules are being violated or that the safety of our equipment, our staff, or any person is at risk.

Ownership of Photos and Captured Content

All photographs, GIFs, videos, boomerangs, and other media captured at the event using our booth or equipment (“Captured Content”) are the sole and exclusive property of SD Selfie Booth. We retain all right, title, and interest in and to the Captured Content, including all copyrights.

We grant you and your guests a perpetual, worldwide, non exclusive, royalty free, non transferable license to use, reproduce, display, and share the Captured Content for personal, non commercial purposes only. Any commercial use of Captured Content by you or your guests is prohibited without our prior written consent.

You also grant SD Selfie Booth a perpetual, worldwide, irrevocable, royalty free, sublicensable, transferable license to use, copy, display, distribute, modify, and create derivative works from Captured Content for any purpose, including marketing, advertising, our website and social media, portfolio, and promotional use. You represent and warrant that you have obtained from your guests any consents needed for this license. If you wish to opt out of public marketing use of photos from your specific event, you must notify us in writing at hello@sdselfiebooth.com before the event, and we will use commercially reasonable efforts to honor that request going forward.

You acknowledge that delivery of photos via SMS, email, or digital gallery depends on third party carriers and platforms that are outside our control. We are not responsible for delays in delivery, loss of photos in transit, or for the availability of any third party platform.

Damage to Equipment

You agree to be responsible for, and to reimburse SD Selfie Booth on demand for, the full cost of repair or replacement of any booth, equipment, props, backdrops, or other property of SD Selfie Booth that is lost, stolen, damaged, or destroyed during the rental period as a result of any act or omission of you, your guests, or anyone present at the venue (other than our own staff). Replacement cost will be determined by SD Selfie Booth based on then current retail or replacement value, and is due within thirty (30) days of our written notice. This obligation survives the end of the rental.

Intellectual Property

All content, features, and functionality of our website and services, including but not limited to text, graphics, logos, icons, photographs (other than Captured Content licensed to you as described above), software, and the “SD Selfie Booth” name and marks, are the property of SD Selfie Booth or its licensors and are protected by copyright, trademark, and other intellectual property laws. You may not copy, reproduce, distribute, modify, or create derivative works from any of this material without our prior written permission.

SMS Communications

By providing your mobile number on a form, by text, or during booking, you agree to receive SMS messages from SD Selfie Booth related to your inquiry, booking, event logistics, photo delivery, and similar service messages. Message and data rates may apply. Message frequency varies. You can opt out of non essential SMS messages at any time by replying STOP. For help, reply HELP. We do not sell or share your SMS opt in or mobile information with third parties or affiliates for marketing purposes.

Disclaimers

OUR WEBSITE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, SD SELFIE BOOTH DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON INFRINGEMENT. WE DO NOT WARRANT THAT THE BOOTH OR ANY SOFTWARE OR PLATFORM WE USE WILL BE UNINTERRUPTED, ERROR FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY PHOTOS, GALLERIES, OR DIGITAL DELIVERIES WILL BE DELIVERED ON ANY PARTICULAR SCHEDULE OR WITHOUT LOSS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SD SELFIE BOOTH OR ITS OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF OUR WEBSITE OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF OUR WEBSITE OR SERVICES SHALL NOT EXCEED THE AMOUNT YOU ACTUALLY PAID TO SD SELFIE BOOTH FOR THE BOOKING GIVING RISE TO THE CLAIM. THE LIMITATIONS IN THIS SECTION APPLY EVEN IF A LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO PART OF THE ABOVE MAY NOT APPLY TO YOU.

Indemnification

You agree to indemnify, defend, and hold harmless SD Selfie Booth and its owners, officers, employees, contractors, and agents from and against any and all claims, demands, actions, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) your or your guests’ use of our website, booth, or services; (b) your or your guests’ breach of these Terms; (c) any content, photo, or other material submitted, captured, or shared using our booth or platform; (d) damage to the booth or our equipment at your event; or (e) your violation of any applicable law or the rights of any third party.

Force Majeure

We are not in breach of these Terms, and not liable for any failure or delay in performance, if the failure or delay is caused by events beyond our reasonable control, including acts of God, severe weather, fire, flood, earthquake, pandemic or public health emergency, government action, terrorism, civil unrest, utility or internet outage, equipment failure, illness or injury of our personnel, or transportation delays. In such cases, we will use commercially reasonable efforts to reschedule the affected booking, subject to availability; refunds will not be issued.

Governing Law

These Terms, and any dispute, claim, or controversy arising out of or relating to them, our website, or our services (each, a “Dispute”), are governed by the laws of the State of California, without regard to its conflict of laws principles. The Federal Arbitration Act governs the interpretation and enforcement of the arbitration agreement in the next section.

Binding Arbitration; Class Action Waiver

Please read this section carefully. It requires you and SD Selfie Booth to resolve Disputes through individual binding arbitration rather than in court, and it waives your right to a jury trial and to participate in any class or representative action.

Mutual agreement to arbitrate.Except as provided below, you and SD Selfie Booth agree that any Dispute, including any claim arising before these Terms were in effect, will be resolved exclusively by final and binding individual arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules then in effect, as modified by this section. The AAA rules are available at adr.org.

Location and conduct.The arbitration will be seated in San Diego County, California, and may be conducted in person, by telephone, or by written submissions, as the parties agree or as the arbitrator directs. The arbitrator’s decision and award will be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

Class action waiver.You and SD Selfie Booth each agree that Disputes will be brought only in an individual capacity, and not as a plaintiff or class member in any class, collective, consolidated, mass, or representative proceeding. The arbitrator may not consolidate more than one person’s claims and may not preside over any class, collective, or representative proceeding. If a court decides that any part of this class action waiver is unenforceable as to a particular claim or remedy (such as a request for public injunctive relief), that claim or remedy (and only that claim or remedy) will be severed and brought in court, while all other claims will proceed in arbitration.

Exceptions.The following are not subject to arbitration: (a) either party’s claims that qualify for small claims court in San Diego County, California, so long as the matter remains in that court and on an individual, non-class basis; and (b) either party’s claims for temporary or injunctive relief to protect intellectual property rights or to enforce confidentiality, which may be brought in the state or federal courts located in San Diego County, California.

Fees.The AAA’s Consumer Arbitration Rules govern payment of all filing, administration, and arbitrator fees. Each party will bear its own attorneys’ fees and costs unless the arbitrator awards them under applicable law.

30-day opt out. You have the right to opt out of this arbitration agreement. To opt out, send us a written notice within thirty (30) days after you first accept these Terms (or thirty (30) days after we post a material change to this arbitration section, if you wish to opt out of the change), stating your full name, mailing address, and a clear statement that you opt out of the arbitration agreement in the SD Selfie Booth Terms of Service. Email your notice to hello@sdselfiebooth.com with the subject line “Arbitration Opt Out.” A timely opt out does not affect the rest of these Terms.

Court venue if arbitration does not apply. If this arbitration agreement is found not to apply to a Dispute, or if you timely opt out, the Dispute must be brought exclusively in the state or federal courts located in San Diego County, California. You consent to the personal jurisdiction of those courts and waive any objection to venue or inconvenient forum.

Survival. This section survives termination of these Terms and your relationship with SD Selfie Booth.

Severability and Waiver

If any provision of these Terms is held to be invalid or unenforceable, that provision will be enforced to the maximum extent permitted and the remaining provisions will remain in full force and effect. Our failure to enforce any right or provision of these Terms is not a waiver of that right or provision.

Entire Agreement

These Terms, together with your signed booking agreement (if any) and our Privacy Policy, constitute the entire agreement between you and SD Selfie Booth regarding your use of our website and services, and supersede any prior or contemporaneous agreements, communications, or proposals on the same subject matter.

Changes to These Terms

We may update these Terms from time to time. The “Last Updated” date at the top of this page will change when we do. Continued use of our website or services after an update constitutes your acceptance of the revised Terms. You should review these Terms periodically.

Contact

Questions about these Terms? Reach out:

• Email: hello@sdselfiebooth.com
• Phone: (858) 251-9416
• SD Selfie Booth, San Diego, CA