Deposit and Payment
Drawing Booth requires a non-refundable deposit to secure Drawing Booth’s services with the remaining balance due on the day the event is scheduled.
Drawing Booth has the right to withhold emailing the Work to Event Guests, providing printed copies of the Work to Client and/or Event Guests and/or providing the digital files to the Work to Client until the balance of the Fee has been received by Drawing Booth.
Unless otherwise approved by Drawing Booth, if payment is submitted after the date of the Event, Client shall be in default hereunder and shall pay twelve percent (12%) interest on the unpaid balance until payment is made in full.
If the scope of work required to perform the Services changes substantially, Drawing Booth shall have the option to cancel the existing Agreement and/or charge additional fees.
In the event that either party (i) materially fails to perform any of its obligations under the Agreement, or (ii) materially breaches any covenant, representation, warranty or agreement contained herein, the non-breaching party may terminate this Agreement, provided the breaching party shall not have remedied such failure within fifteen (15) days after receipt of written notice from the non-breaching party.
Should Drawing Booth terminate the Agreement due to an unremedied breach by Client (as set forth above), Drawing Booth shall be entitled to the entire Fee. Should Client terminate or cancel the Agreement less than fourteen (14) days before the Event date for any reason other than an Event of Force Majeure or an unremedied breach by Drawing Booth, the deposit paid to Drawing Booth(s) shall not be refunded; the deposit shall be retained for administrative fees. Should Client cancel this Agreement less than eight (8) days before the Event, for any reason other than an Event of Force Majeure, then in addition to Drawing Booth retaining the deposit, Drawing Booth shall be entitled to any and all non-refundable out of pocket costs and expenses (including, without limitation, travel expenses and Artist’s fees, etc.) incurred by Drawing Booth prior to the date of termination by Client. It is acknowledged that the Client’s failure to provide at least eight (8) calendar days’ notice will cause Drawing Booth to incur substantial economic damages and losses of types and in amounts which are impossible to compute and ascertain with certainty as a basis for recovery by Drawing Booth of actual damages, and that liquidated damages in the amount of One Hundred Dollars ($100)(the “Cancellation Fee”) represents a fair, reasonable and appropriate estimate thereof.
All cancellations of the Agreement by Client must be sent in writing by Client to Company (email shall be sufficient provided receipt is confirmed by Drawing Booth). If Client fails to provide written notice (and/or confirm an email), the Client is deemed to have failed to provide adequate notice. As such, the deposit shall be retained by Drawing Booth and the Cancellation Fee shall become due and payable by Client.
Returned checks are subject to a fifty dollars ($50) returned check fee. Client is responsible to pay any and all collection costs and legal fees incurred by Drawing Booth in the event that enforcement of this provision becomes necessary.