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Terms and Conditions

Services Agreement
This Services Agreement (the “Agreement”) is entered into on the date set forth below, between MAGICALLY MADE, (“Provider”), and “Client,", according to the following terms and conditions:

The parties hereto have agreed to all of the terms and conditions of this Agreement including those sections (sections 2 through 11) on the following pages, effective as of the last date set forth.
                   
                                                                                                                            
2. FEES AND DEPOSIT


2.1 Fees. In consideration of the services to be performed by Provider (described in section 1(d) above and hereinafter referred to as the “Services”), Client shall pay to Provider total fees as described in section 1(g) above (the “Fee”).
2.2 Booking Fee. Client shall pay to Provider a booking fee in the amount described in section 1(g) above (the “Booking Fee”).  The Booking Fee is non-refundable and is required to secure the date of the event.  A date will be saved for only 3 days without payment of the Booking Fee. Booking fee payments can be made through the Square link in your booking request email. If you would like to pay the Fee in full in advance, you can request to do so and another Square link will be email to you.

2.3 Balance Due. In addition to the Booking Fee, Client agrees to pay to Provider the “Balance Due at Time of Event” as described in section 1(h) above.  Payment of the Balance Due at Time of Event shall be made in accordance with section 3 below.

 


3. PAYMENT POLICY


3.1 Full payment is required before or at the end of the event.  After you pay the Booking Fee, you can pay the Balance Due at the Time of Event with cash or via the Square link provided, to your entertainer at the end of the event. Cash payments are to be placed in an envelope or delivered out of sight of any children in attendance. Digital payments must be made day of the event, no later than end of party. Proof of digital payment must be shown to the Provider.
 
3.2 At the time of the Event, if you would like the Provider to stay longer than agreed to in this Agreement, please let the Provider know before it is time for his or her scheduled departure and be prepared to pay for the overtime that you agree upon.

3.3 Failure to pay the remaining balance due at the end or the event  will incur a late fee at the rate of 1.5% of the outstanding balance per day, or the maximum rate permitted by law, whichever is higher, from the date such payment was due until the date paid.


4. TIME ESTIMATES


4.1 When booking your party please clarify with the Provider if you would like the Services to include sweet and simple designs or fancy and intricate designs. The Provider will do its best to offer and create designs that will allow us to serve the maximum number of kids at your event. Please be aware that if a lot of guests show up late, or if you find that you have more guests than expected, this can throw the Provider off and we may not be able to make something for everyone in the allotted time.

4.2 Often, at a child’s party, older teens or adults want to get in on the fun. We would love to entertain everyone that would enjoy it, if time allows. Please take this into account when deciding how long you would like Provider to stay. Please kindly advise your guests, and the face painter who the painting and/or balloons are intended for, so that there is no confusion. Please book the number of hours according to the number of guests you would like to have painted, based on these averages:
 
Face Painting – each artist can paint 10-20 people per hour depending on the complexity of the designs chosen.
 
Balloon Twisting – each artist can twist 15-30 balloons per hour depending on the complexity of the designs chosen.

4.3 For Princess and Super Hero Party Packages, all activities/services are as time allows. Provider will do its best to complete all activities/services stated in the package, however, if you have more guests than expected or activities/services that pull us from the schedule, then we may not be able to complete all the activities/services in the allotted time.


5.  CONFIRMATION


Provider will call to confirm all details of your event in the week before your event.  Please update us with any changes, possible additional time needed, and any driving directions that might be useful in case of construction in your area.  You should feel free to contact us for any reason concerning your event via call or text - (626) 344-0396
6.  CANCELLATION
6.1 Please understand that we have held the date of your event and most likely passed on other events in order to entertain for you.  The Booking Fee is non-refundable, though it may be transferable if you reschedule your event to a date that will work with Provider’s schedule.  Please be cautious when booking entertainers for outdoor events.  Having an alternate indoor plan for rain is highly recommended.
6.2 If you cancel your event with at least 3 days’ notice, only the Booking Fee will be non-refundable, i.e., you will not be billed for the Balance Due at Time of Event.  Cancellations made between 24 and 48 hours are subject to being billed for 75% of the Balance Due at Time of Event.  If we are not contacted about cancellation within 24 hours of the event, you will be billed for the Balance Due at Time of Event.  Client understands the terms of this Section 6.2 and agrees to pay such amounts in the event of a cancellation within the time frames described.
6.3 If you must cancel your event, please contact us right away and confirm the cancellation.  If you reach our voicemail, Provider will call you back to acknowledge that we received your message.

 7.  SET UP


Provider brings all of our materials to make the magic happen.  Please provide us with a shaded area for our use during your event.  If you do not have a small table available, please let us know in advance so we can make arrangements for one.  A 5-8 foot wide area and level space is needed for us to set up, preferably against a wall with good lighting.
It takes approximately 10 minutes for us to set up, and set up and breakdown time is not charged as part of the Services.


8.  SAFETY


8.1 If there is ever a situation where the Provider(s) feel unsafe, they may address the issue with the parent/guardian/client. If the issue is not resolved, the Provider will leave. We hold the right to leave at any time due to safety concerns. This includes hostile language over texts, phone calls prior to the party, sexual harassment, and drug use. Children are not allowed to punch, kick, push, or pull at the Provider(s), including their costumes and supplies. The Client is responsible for monitoring disruptive behavior and attending to any child who does not want to participate. If a child or guest at a party is being disruptive past a reasonable point the Provider has permission to change the party activities/services as needed OR to ask an adult at the party to escort the disruptive behavior away from the activities/services. 
8.2 Client understands that the Provider is not a babysitter and is not responsible for looking after the children. The Client agrees to be nearby to monitor and manage any of the child’s needs.
8.3 The Client must inform the Provider of any allergies to food or products, such as nail polish, latex, acrylics, temporary tattoos, or face paints prior to the event or party. The Client understands that the Provider is NOT responsible for any injuries or allergic reactions that occur at your event. 

​9.  PHOTO RELEASE


Any photos taken during the service of Provider, client, and guests are hereby signed as released to be used by Provider for website, social media, and promotional use.


10.  ENDING THE LINE


Because Provider is going to be busy face painting and interacting with the guests, we cannot be responsible for managing the line. The line should be monitored by the host or a designated person at your event. The line should be closed with enough time for the Provider to paint those waiting and not have to leave anyone in line without a design when the Event ends. Anticipate that 3-6 minutes is needed for each guest to be painted depending on the complexity of the design and close the line when needed. Provider will simplify designs as needed to attempt to paint as many guests as possible, but will have to stop when time is up so that we are not late for our next commitment. You can make a sign up list, or numbered tickets for your guests to minimize the line. Please explain to your guests when it is time for the Provider to leave.


11. PRESERVING THE MAGIC


Client agrees to “preserve the magic” of any character visit by doing the following: 
Call the Provider only by the character name.
Prevent the children from viewing the Provider’s vehicle when entering or exiting the service. 
Pay the remaining balance in an envelope or out of sight of children. 
Refrain from making reference to the performance or activities/services as a “job”. 
Refrain from pointing out physical attributes of the character, such as “wigs”, “costumes”, “contacts”, etc. 
Refrain from engaging in any activity or statement that may cause the children to not believe that the REAL character is at their party.

12. COVID-19 SAFETY ACKNOWLEDGMENT - LIABILITY WAIVER AND RELEASE OF CLAIMS


COVID-19 SAFETY INFORMATION:
While participating in events and activities/services with the Provider, consistent with CDC guidelines, participants are encouraged to practice hand hygiene, “social distancing” and wear face coverings to reduce the risks of exposure to COVID-19. Because COVID-19 is extremely contagious and is spread mainly from person-to-person contact, the Provider has put in place preventative measures to reduce the spread of COVID-19. However, the Provider cannot guarantee that its participants, volunteers, partners, or others in attendance will not become infected with COVID-19.
In light of the ongoing spread of COVID-19, individuals who fall within any of the categories below should not engage in the Provider’s performances and/or other face to face activities/services. By attending or engaging in the event or activities/services performed by the Provider, you certify that you do not fall into any of the following categories:  
1. Individuals who currently or within the past fourteen (14) days have experienced any symptoms associated with COVID-19, which include fever, cough, and shortness of breath among others;
2. Individuals who have traveled at any point in the past fourteen (14) days either internationally or to a community in the U.S. that has experienced or is experiencing sustained community spread of COVID-19; or  
3. Individuals who believe that they may have been exposed to a confirmed or suspected case of COVID-19 or have been diagnosed with COVID-19 and are not yet cleared as non-contagious by state or local public health authorities or the health care team responsible for their treatment. 
DUTY TO SELF-MONITOR:
The Client, guests and participants agree to self-monitor for signs and symptoms of COVID-19 (symptoms typically include fever, cough, and shortness of breath) and, contact the Provider at magicallymadeparties@gmail.com if he/she/they experiences symptoms of COVID-19 within 14 days after participating or volunteering with ACS.
LIABILITY WAIVER AND RELEASE OF CLAIMS:
The Client and their guests acknowledge that I/they derive personal satisfaction and a benefit by virtue of my/their participation with the Provider, and I/they willingly engage in the Provider’s events and/or activities/services.
RELEASE AND WAIVER. 
I HEREBY RELEASE, WAIVE AND FOREVER DISCHARGE ANY AND ALL LIABILITY, CLAIMS, AND DEMANDS OF WHATEVER KIND OR NATURE AGAINST THE AMERICAN CANCER SOCIETY AND ITS AFFILIATED PARTNERS AND SPONSORS, INCLUDING IN EACH CASE, WITHOUT LIMITATION, THEIR DIRECTORS, OFFICERS, EMPLOYEES, VOLUNTEERS, AND AGENTS (THE “RELEASED PARTIES”), EITHER IN LAW OR IN EQUITY, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, INCLUDING BUT NOT LIMITED TO DAMAGES OR LOSSES CAUSED BY THE NEGLIGENCE, FAULT OR CONDUCT OF ANY KIND ON THE PART OF  THE RELEASED PARTIES, INCLUDING BUT NOT LIMITED TO DEATH, BODILY INJURY, ILLNESS, ECONOMIC LOSS OR OUT OF POCKET EXPENSES, OR LOSS OR DAMAGE TO PROPERTY, WHICH I, MY HEIRS, ASSIGNEES, NEXT OF KIN AND/OR LEGALLY APPOINTED OR DESIGNATED REPRESENTATIVES, MAY HAVE OR WHICH MAY HEREINAFTER ACCRUE ON MY BEHALF, WHICH ARISE OR MAY HEREAFTER ARISE FROM MY PARTICIPATION WITH THE ACTIVITY.
ASSUMPTION OF THE RISK. 
I acknowledge and understand the following:
1. Participation includes possible exposure to and illness from infectious diseases including but not limited to COVID-19. While particular rules and personal discipline may reduce this risk, the risk of serious illness and death does exist;
2. I knowingly and freely assume all such risks related to illness and infectious diseases, such as COVID-19, even if arising from the negligence or fault of the Released Parties; and
3. I hereby knowingly assume the risk of injury, harm and loss associated with the Activity, including any injury, harm and loss caused by the negligence, fault or conduct of any kind on the part of the Released Parties.

MEDICAL ACKNOWLEDGMENT AND RELEASE.  I acknowledge the health risks associated with the Activity, including but not limited to transient dizziness, lightheadedness, fainting, nausea, muscle cramping, musculoskeletal injury, joint pains, sprains and strains, heart attack, stroke, or sudden death.  I agree that if I experience any of these or any other symptoms during the Activity, I will discontinue my participation immediately and seek appropriate medical attention.  I DO HEREBY RELEASE AND FOREVER DISCHARGE THE RELEASED PARTIES FROM ANY CLAIM WHATSOEVER WHICH ARISES OR MAY HEREAFTER ARISE ON ACCOUNT OF ANY FIRST AID, TREATMENT, OR SERVICE RENDERED IN CONNECTION WITH MY PARTICIPATION IN THE ACTIVITY. 
As a participant, guest or attendee, You recognize that your participation, involvement and/or attendance at any of the Provider’s events, performances or activities/services is voluntary and may result in personal injury (including death) and/or property damage. By attending, observing or participating in the activities/services, You acknowledge and assume all risks and dangers associated with your participation and/or attendance at the activities/services, and You agree that: (a) the Provider (b) the property or site owner of the activities/services, and (c) all past, present and future affiliates, successors, assigns, employees, volunteers, vendors, partners, directors, and officers, of such entities (subsections (a) through (c),collectively, the "Released Parties"), will not be responsible for any personal injury (including death), property damage, or other loss suffered as a result of your participation in, attendance at, and/or observation of the activities/services, regardless if any such injuries or losses are caused by the negligence of any of the Released Parties (collectively, the "Released Claims").  BY ATTENDING AND/OR PARTICIPATING IN THE ACTIVITY/SERVICES, YOU ARE DEEMED TO HAVE GIVEN A FULL RELEASE OF LIABILITY TO THE RELEASED PARTIES TO THE FULLEST EXTENT PERMITTED BY LAW.


13. INDEMNIFICATION/LIABILITY


IN ALL CIRCUMSTANCES, THE MAXIMUM LIABILITY OF PROVIDER, ITS MEMBERS, EMPLOYEES, OWNERS, ATTORNEYS AND AFFILIATES (“PROVIDER PARTIES”), TO CLIENT FOR DAMAGES FOR ANY AND ALL CAUSES WHATSOEVER, AND CLIENT’S MAXIMUM REMEDY, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL BE LIMITED TO THE NET PROFIT OF PROVIDER. IN NO EVENT SHALL PROVIDER BE LIABLE FOR ANY LOST PROFITS, BUSINESS INTERRUPTION, OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THE SERVICES PROVIDED BY PROVIDER, EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.


14. GENERAL


Modification/Waiver. This Agreement may be modified by the parties. Any modification of this Agreement must be in writing. Failure by either party to enforce any right or seek to remedy any breach under this Agreement shall not be construed as a waiver of such rights nor shall a waiver by either party of default in one or more instances be construed as constituting a continuing waiver or as a waiver of any other breach.
Force Majeure. A party will not be considered in breach or in default because of, and will not be liable to the other party for,  any delay or failure to perform its obligations under this agreement by reason of fire, earthquake, flood, explosion, strike, riot, war, terrorism, or similar event beyond that parties, reasonable control, parentheses each a force measure event. However, if a force major event occurs, the affected party shall, as soon as practicable:
(a) notify the other party of the force, major event, and its impact on the performance under this agreement; and
(b) Use reasonable efforts to resolve any issues, resulting from the force major event and perform its obligations under this agreement.
GOVERNING LAW. 
Choice of law. The laws of the state of California govern this agreement, (without giving effects to its conflicts of law principles.)
Choice of Forum. Both parties consent to the personal jurisdiction of the state and federal courts in Los Angeles County, California.
AMENDMENTS. 
No Assignment. Neither Party may assign any of its rights under this agreement, except with the prior written consent of the other party. All voluntary assignments of rights are limited by this subsection.
No Delegation. Neither Party may delegate any performance under this agreement, except with the prior written consent of the other party.
Enforceability of an Assignment or Delegation. If a reported assignment or ported delegation is made in violation of the section it is void.
COUNTERPART, ELECTRONIC SIGNATURES
Counterparts. The parties may execute this agreement in any number of counterparts, each of which is an original, but all of which constitute one and the same instrument.
Electronic Signatures. This agreement, agreements ancillary to this agreement and related documents, entered into connection with this agreement are signed when a party signature is delivered by facile, email, or other electronic medium. These signatures must be treated in all respects as having the same force and effect as other signatures. 


15. SEVERABILITY


If anyone or more of the provisions contained in this agreement is, for any reason, held to be invalid, illegal, or unenforceable, and any respect, that invalidity, or illegality, or unenforced ability will not affect any other provisions of the agreement, but this agreement will be construed, as if those invalid, illegal, or unenforceable, provisions had never been contained in it, unless the deletion of those provisions would result in such a material change, so as to cause completion of the transactions, contemplated by the agreement to be unreasonable.


16. NOTICES


Writing; Permitted Delivery Methods. Each party giving or making any notice, demand, request, or other communication required or permitted by this agreement, shall give notice in writing, and use one of the following types of delivery, each of which is a writing for purposes of the agreement: Personal delivery, mail, parentheses, registered or certified mail, postage, prepaid, return receipt, requested, parentheses, nationally, recognized, overnight career, parentheses fees, prepaid, facile, or email.
Addresses. A party shall address notices under the section to a party at the following address: 
The Provider: Magically Made. 1308 E. Colorado Blvd., #2088, Pasadena, CA 91108.  magicallymadeparties@gmail.com
The Client: the email or address provided.
Effectiveness. A notice is effective. Only if the Party giving notice implies with a subsections (a) and (b), and if the recipient receives the notice.
WAIVER
No waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this agreement will be effective unless it is in writing and signed by the party, waiving the breach, failure, right or remedy. no waiver of any breach, failure, right, or remedy, will be deemed a waiver of any breach, failure, right, or remedy, whether or not similar, and no waiver, will constitute a continuing waiver, unless the writing specifies.


17. ENTIRE AGREEMENT


This agreement constitutes the final agreement of the parties. It is the complete and exclusive expression of the parties agreement about the subject matter of the agreement. All prior and contemporaneous communications, negotiations, and agreements between the parties relating to the subject matter of this agreement are expressly merged into and superseded by this agreement. The provisions of this agreement may not be explained, supplement, or qualified by evidence of trade usage, or prior course of dealings. Neither Party was induced to enter this agreement, and neither Party is relying on any statement, representation, warranty, or agreement of the other Party , except those set for expressly in this agreement. Except as set for expressly in this agreement, there are no conditions precedent to this agreements effectiveness.


18. HEADINGS


The descriptive headings of the sections and subsections of this agreement are for convenience only and do not affect these agreements, construction or interpretation.


19. EFFECTIVENESS


This agreement will become effective when all parties have signed it. The date this agreement is signed by the last party to sign it as indicated by the date associated with the Party signature will be deemed the date of this agreement.


20. NECESSARY ACTS; FURTHER ASSURANCES


Each party shall use all reasonable effort to take, or cause to be taken, all actions necessary, or desirable to consummate, and make effective the transactions, this agreement contemplates, or to evidence, or carry out the intent and purpose of this agreement.
 

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