Engaging event attendees can be difficult – and blowing them away is even harder.
We agree to perform the services (“Services”) listed on the party package description. The Parties acknowledge that their obligations pursuant to this Agreement serve as good and valuable consideration for this Agreement.
Invoiced amounts must be paid by You within 24 hours of receiving the invoice. Remaining balance must be paid by You in full by PayPal prior to your event start time, or in cash to your performer on the day of event. Your deposit (invoiced amount) due at booking is nonrefundable excluding COVID-19 related cancelations and reschedules, see Section 5 Subsection C. Your total does not include gratuity for the performer which is completely at your own discretion.
- COVID-19 Policies and Procedures
- Due to the COVID-19 pandemic We require that NO MORE then 15 (twelve) children be present at the event at one time.
- All guests not fully vaccinated (including children) must have temperature checked on the day of the event. The performer will also be required to check their temperature prior to arriving. If anyone is found to have a temperature of over 99° they may not attend the event.
- The majority of the activities should take place outside. If the weather will be over 90° on the day of Your event You must provide a shaded area for the performer and children.
- All guests (including children) must be informed of the COVID-19 policies outlined in Section 4, Subsection B prior to performers arrival.
- If ANY COVID-19 policies and Procedures are not met by You, We reserve the right to refuse to continue with the Agreement. You will still be liable to Us for a pro rata share of the total cost of the Services as outlined in Section 2.
- Termination & Rescheduling
- If either Party wants to terminate the Agreement before the event date, they must provide the other Party a 7 day written notice and will be liable for the full deposit amount. If You terminate the Agreement within 6 days of the event, You will be liable to Us for a pro rata share of the total cost of the Services as outlined in Section 2. The remaining balance will then be charged to the account on file.
- You may reschedule the Agreement until 72 hours (3 days) of the event for a $50 rescheduling fee. If a reschedule is requested less then 72 hours (3 days) of the event You will be liable for a pro rata share of half (50%) of the total costs of services. The new date chosen must be within 1 year of the originally scheduled date.
- If the party needs to be canceled or rescheduled due to someone becoming infected with COVID-19 proof of affliction must be presented (i.e. doctors note). Once We have received proof You will then have the option of canceling and receiving a full refund of Your invoiced amount or You may reschedule at no extra cost within 1 year of originally scheduled date.
- This Agreement will automatically terminate when both Parties have performed all of their obligations under the Agreement and all payments have been received. Our work here is done.
- Relationship of the Parties
- No Exclusivity. The Parties understand that this Agreement is not an exclusive arrangement (i.e. – the Parties aren’t “going steady”). The Parties agree that they are free to enter into other similar agreements with other parties.
- Independent Contractors. The Parties to this Agreement are independent contractors which means there are no strings attached. Neither Party is an agent, representative, partner, or employee of the other Party.
Neither Party can waive any provision of this Agreement, or any rights or obligations under this Agreement, unless agreed to in writing by the Parties. If any provision, right, or obligation is waived, it’s only waived to the extent agreed to in writing.
This Agreement may be modified as needed. To make a modification, the Parties have to agree to the modification in writing (an “Amendment”). The terms of this Agreement will apply to any Amendment the Parties make.
The Parties may not assign the responsibilities that they have under this Agreement to anyone else unless both Parties agree to the assignment in writing.
- Dispute Resolution
- Negotiation. We want to work this out. In the event of a dispute, the Parties agree to work towards a resolution through good faith negotiation.
- Mediation/Arbitration. If talking it over doesn’t go well, either Party may initiate mediation or binding arbitration in the State of California.
- Litigation and Choice of Law. We hate fighting, but if litigation is necessary this Agreement will be interpreted based on the laws of the State of California, regardless of any conflict of law issues that may arise. The Parties agree the dispute will be resolved at a court of competent jurisdiction in the State of California.
- Attorney’s Fees. The prevailing party, also known as the winner, will be able to recover its attorney’s fees and other reasonable costs for a dispute resolved by binding arbitration or litigation.
- Entire Agreement
This Agreement puts the Parties entire understanding of the Services to be performed and anything else the Parties have agreed to in black and white (literally). This Agreement supersedes any other written or verbal communications between the Parties.
If any section of this Agreement is found to be invalid, illegal, or unenforceable, the rest of the Agreement will still stand.
All notices under this Agreement must be sent by email with read receipt.