This Agreement is between the Client, whose name and address are listed below (the "Client"), and Royal Entertainment Character Company (the "Provider").
TERMS AND CONDITIONS
1. Booking and Payment:
a. RETAINER: A non-refundable reservation retainer fee of 50% is required to hold the date of your event (this is done via Square in the finalization form). No date is reserved until contract and retainer are received. The balance due for the entertainment must be paid 24-48 hours prior to the event date. If final payment is not received as set forth herein, Provider reserves the right to terminate this Agreement with no further obligation, retain any monies already paid, and/or not attend the event until payment is received. Upon Client's signature and payment of retainer fee, Provider agrees to reserve the date and time specified. Unless the contract is canceled, the retainer fee is applied towards the final contracted event package. Provider does not accept CASH or CHECK payments for the final balance.
b. CANCELLATION: There shall be NO refund of retainer after 24 hours from the signing of agreement due to the reservation of the event date. Once a balance is paid, it is NON-REFUNDABLE. Any other arrangements shall be discussed between Client and Provider. All arrangements will be put in writing. Cancellation must be in writing even if a phone call was made to inform Provider of the cancellation. The retainer fee will be transferable up to 365 days after cancellation. Client agrees to not expect a new date to automatically be available. Client will be given the chance to reschedule but cannot be pushed ahead of other reserved clients.
c. UNFORESEEN CIRCUMSTANCES CLAUSE: If Provider or its assigns, cannot perform this agreement due to a fire, casualty, strike or other civil disturbances, Acts of God, including but not limited to, road closures, severe traffic, fire, terrorism or other causes beyond the control of the parties, or due to the Provider's illness, then Provider shall return any moneys paid by the client, less expenses, but shall have no further liability with respect to the agreement.
d. TRAVEL: All travel expenses are based on the distance between the session locations(s) and the Exit 1 off of Highway 24. For all event(s), the first 35 miles round-trip of travel are included. All miles in excess of 35 miles round-trip are charged at $0.60 per mile, and will be clearly presented on the Provider's invoice to Client. Please allow our cast members a 5-10 minute grace period for their arrival due to the possibility of circumstances beyond their control such as weather and traffic.
e. GRATUITY: Gratuity is not included within the total balance. Gratuity however is accepted on the party date by cash (discreetly) and is greatly appreciated by the Cast Members. If cash is not available, Client may email Provider requesting Cast Member's information for electronic payment options.
2. Event Environment:
a. Client agrees to ensure that there is a clear, clean, and safe walkway and entrance to the performance venue which shall include, but not be limited to, removal of ice, snow, mud, dirt, and toys.
b. Client will provide a smoke-free environment
c. All events are “rain or shine” unless otherwise stipulated. Client is responsible to provide an alternate indoor location in the event of inclement weather. Provider highly recommends having the Cast Member conduct activities inside. If Client selects an outside party, they will need to make sure the outdoor area is clean and shaded. The location must be free of dirt, mud, rain, and extreme wind. Provider's Cast Members are wearing high-end costumes and wigs that cannot risk being stained, or wind-blown. The Cast Member reserves the right to leave the location if they are being subjected to rain or wind that is damaging to their costume or wig. On sunny days, Client is to provide a completely shaded/covered area for the Cast Member and all activities they conduct. Provider will not be doing any outside parties if the temperate exceeds 90 degrees or falls below 65 degrees.
d. If at any time a Cast Member feels that they are in a threatening, hostile, unsafe, harmful, hazardous, or unsanitary environment, the Cast Member retains the right to leave the location and end the service immediately. If an illegal activity, illegal drug use, or sexual harassment is being conducted, the performer will leave the location immediately. Provider shall be entitled to retain all monies paid hereunder and Client agrees to relieve and hold Provider harmless as a result of incomplete event coverage.
e. Provider's goal is to ensure that the experience is as enjoyable as possible for all parties involved. Client remember's that our Cast Members are not babysitters and they are attending the party to strictly entertain the children. Provider will not discipline a child for any reason. Client is aware to watch children and remove any misbehaving children from the activities. Client understands Client/parent must be present at all times during the Cast Member’s visit.
3. Liability:
a. Client agrees to hold and keep harmless Providers and Cast Members from any and all property damages and/or bodily injury damage caused by the Client's guests. Provider's Cast Members will attempt to ensure that Client's home (or venue) and guests are treated with care; however, liability will lie strictly with the Client.
b. If Client opts to serve food or requests makeup application, face painting, or other services, we advise Client to alert guests and their parents and/or guardians of these activities that may result in allergic reactions or irritations. Provider advises Clients to supervise all party activities and not leave children unattended. If Client requests the use of toys, jewelry, and/or other items that may pose a choking hazard, it is advised that all children be supervised at all times by Client. Provider is not responsible or liable for any harm caused by the misuse of any item. Provider's Cast Members are there to entertain the guests, it is the responsibility of Client, and/or guests’ parents to resolve behavioral problems or to care for children in the event of injury or illness.
4. RESPONSIBILITY:
Unless agreed upon in advance, Provider shall be the exclusive entertainer retained for the event. Additional professional entertainers may be employed only with prior written permission from Provider. Provider may include a Cast Member assistant at their discretion. Photographers and other vendors as well as semi-professional entertainers must not obstruct or interfere with the official entertainment and are not allowed to entertain during the hired timeframe during event. Event guests may take photos, but it is the responsibility of Client to prevent family and friends from interfering with Cast Member's duties. Provider is not responsible for compromised coverage due event delays, weather conditions, schedule complications, rendering of decorations, or restrictions of venues or officiate. Client agrees to confirm the schedule one-week prior to the event. Notification of any changes in schedule or location must be made in a timely manner. Changes can be made by phone with a follow-up email for documentiation. If email is sent, confirmation of receipt must be obtained.
5. DAMAGE TO PROVIDERS EQUIPMENT/GARMENTS:
Client acknowledges that they shall be responsible for any damage or loss to the Provider's Equipment/Garments caused by:
Any misuse of Provider's Equipment/Garments by Client or it's guests (invited or not invited) or
Any theft or disaster (including but not limited to fire, water damage, or outside force).
Client acknowledges Provider shall have the right to decline service to Client's guest (invited or uninvited) for misuse, inappropriate actions, or unruly behavior.
6. COVID-19:
a. Provider will sanitize all items utilized at each party as per CDC guidelines between events.
b. Provider's Cast Members will utilize a clear nose/mouth shield at each party during face to face activities.
c. Client will not ask Provider's Cast Member to remove face covering. It is Provider's company policy that they maintain them during face to face activities such as face painting.
7. Disclaimer
a. It is not Provider's intention to violate any copyright laws, so Provider attempts to make their characters different from nationally known, copyrighted characters using uniquely designed gowns, tiaras, hairstyles, and names of Provider's own creation (unless it is in the Public Domain).
b. Provider has detailed all of the terms and conditions. By signing below, Client is stating that they have read and agree to these terms.
8. ENTIRE AGREEMENT.
This Agreement incorporates the entire understanding of the parties. Any modifications of this Agreement must be in writing and signed by both parties.
9. WAIVER.
Any waiver of a breach or default of this Agreement shall not be deemed a continuing waiver or a waiver of any subsequent breach or default of either the same provision or any other provision of this Agreement.
10. GOVERNING LAW.
This Agreement shall be governed by the laws of the State of Tennessee.
11. ATTORNEY’S FEES.
If either party to this Agreement brings a legal action, including, but not limited to litigation or arbitration, against the other party to this Agreement to secure the specific performance of this Agreement, collect damages for breach of this Agreement, or otherwise enforce or interpret this Agreement, the prevailing party shall recover reasonable attorney’s fees and all costs, fees, and other expenses expended or incurred in the action in addition to any other relief that may be awarded.
12. CONSTRUCTION.
Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting this Agreement. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party.
13. SEVERABILITY.
If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality or unenforceable shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.