In the case of the vast majority of owners, it’s the first time we’ve had a global epidemic. The environment is constantly changing, and we need to be able to adjust to keep running an effective photo booth company.
This is why our special Catalina of MDRN Photobooth Company sat down with Aaron Arce Stark of Arce Stark & Haskell LLP in an episode of one of our Photobooth Podcasts to discuss possible changes that owners of photobooths should make to their contracts at this point.
What Changes To The Contract Must We Consider?
It’s more essential than ever to consider adding a Dangerous Condition Clause in your agreement. Although your customers may be looking to organize events with a photo booth, they could violate health and safety guidelines established by their country or state.
If you have this clause on your contract, you are granted the option of not participating in the event and terminating the contract if you’re not at ease with violating these health guidelines.
Although the clause in question is now more essential than ever before, mainly because of COVID-19, It’s a clause Aaron suggests adding to your contract in any way.
Do I Have To Describe What The Deposit Or Retainer Will Be Used To Do?
1000 times yes!
Since our photo booth operators see the number of cancellations increase, it’s essential to explain the purpose of your retainer to ensure that you can quit without giving complete refunds to all customers.
Things such as administrative work, preparation, design, or booking the date for the event are only a few of the tasks that need to be included in your retainer provision in the contract.
It’s not difficult for people to think that the retainer or deposit they receive is just a means to secure funds before the event.
Don’t undervalue yourself!
You’ve likely put in a significant amount of time preparing for this event. You must compensate for your time spent doing it, regardless of the decision of the client to end the event.
It’s not just a way to ensure that you’ll leave with something, but it will also make it simpler to explain to your customers why the fee isn’t refundable.
Aaron suggests charging one-third of the total cost as a retainer or deposit. This allows you to save enough money. However, it’s not an unreasonable amount considering the amount of work you’ve put into it.
You can take it to the point of cost of 50%. However, the situation will become more difficult to explain, and your customer might be more likely to go to court to recover those funds.
Do I Require A Release Of Liability Clause Due To Things Like Crossing Contamination?
Photobooths are a used item, and you don’t be sure if someone with a cold will get their hands on your booth only to make someone else sick.
It’s why you obtain an agreement to release liability in this kind of scenario.
However, you can’t be in a hurry with that being said. It is essential to keep the cleanliness of your booth. Cleaning the booth frequently or offering hand sanitizer to guests is a good way to prove that you’re not in any way negligent.
If you do not have this clause in your contract, you shouldn’t panic! It’s quite difficult to demonstrate that you were negligent unless you show up to the party sneezing and coughing.
Born in Malta in January 1989, Maurizio has always dreamt of doing something impossible in his life. That’s exactly what he has done a few years ago when he decided to leave everything and moved to the West Midlands. His Passion was also another reason why he has chosen the West Midlands – West Bromwich Albion. Worked in different industries, like tourism, advertising, construction and entertainment, finance was always something that he wanted to do. Asking who Maurizio is to his friends, you would have one simple answer, – Joker, A Caring Person and a Plane Spotter.
Been in or around engineering/manufacturing my entire life, grandparents who let you build cars with them have their uses!!
After spending 4 years in Leicester studying physics where my final dissertation project was heavily programming based I was keen to begin a career in software development. Working on Photobooths seemed like a fun and interesting place to start.
From College went into the family run business – Advertising Agency. Eventually took over the reins of the company and moved it into a more technical direction. After retirements changed the dynamic of the company we changed direction to a Direct Mailing Company specialising in digital and mailing’s for Electricity companies (MEB, British Gas, nPower). After a profitable run I felt a change was needed and so started a Programming and Consultancy Business. This eventually led me to the world of PhotoBooths and beyond.