Effective March 17, 2016
These Contract Terms and Conditions (“Terms”) are incorporated by reference into the Parties With Character Order Form (“Order Form”) as if written therein, and by executing and/or submitting the Parties With Character Order Form, the customer described on the Order Form (“Customer”) agrees to abide by these Terms. The Order Form and these Terms constitute an agreement (“Agreement”) for certain entertainment services. The following terms and conditions (“Terms”) govern the provision of services, as described below, by and between Parties with Character LLC (“Entertainer”) and the Customer.
- Scope of Services. Customer requests Entertainer provide entertainment as requested on the Order Form, which Entertainer agrees to provide (the “Services”). The Services will consist of and be limited to Entertainer providing one or more employees or contractors in costume (“Character”) to make an appearance at the location designated by Customer on the Order Form. The Character will interact with attendees at Customer’s event which may include certain activities as provided on the Order Form, for a certain amount of time.
- Customer agrees to pay the fees as described on the Order Form (“Fees”). Fees must be paid at same the time Customer submits the Order Form, and fees are non-refundable.
- Entertainer (for purposes of this Section 3 the term “Entertainer” includes both Parties With Character LLC and its owners, members, officers, directors, employees, contractors, and agents) will use reasonable efforts to provide the Services; provided however that Customer agrees to accept all Services “AS IS”. Entertainer does not make, and hereby disclaims, any warranty, expressed or implied, with respect to the Services or Entertainer’s performance under this Agreement. Entertainer does not guarantee or warrant the accuracy, timeliness, completeness, currentness, correctness, merchantability or fitness for a particular purpose of the Services, and Entertainer shall not be liable to Customer for any loss or injury arising out of or caused in whole or in part by Entertainer’s acts or omissions in the provision of the Services. If, notwithstanding the foregoing, liability can be imposed on Entertainer, then Customer agrees that Entertainer’s aggregate liability for any and all losses or injuries arising out of any act or omission of Entertainer in connection with anything to be done or furnished under this Agreement, regardless of the cause of the loss or injury, and regardless of the nature of the legal or equitable right claimed to have been violated, shall never exceed a total aggregate sum of One Hundred Dollars ($100.00). Customer covenants and promises that it will not sue for an amount greater than such sum even if Customer and/or third parties were advised of the possibility of such damages, and that Customer shall not seek punitive damages in any suit against Entertainer.
- Customer, on his or her or their own behalf and on behalf of the child for whom they may be a parent or legal guardian, and on behalf of any other attendees at Customer’s event, and the respective heirs, assigns, administrators, personal representatives, and next of kin (collectively for purposes of this Section 4 they shall be referred to as “Customer”), hereby release and forever hold harmless Entertainer (including its owners, members, officers, directors, employees, contractors, and agents) from any and all claims, injuries, liabilities, damages, or the like, arising out of or related to any event or occurrence involving or related to Entertainer. Customer acknowledges and understands that there may be unknown risks, dangers or hazards associated with events involving Entertainer, which may include but are not limited to crying, hurt feelings, injuries, scrapes, cuts, bumps, allergic reaction, choking, paralysis, or even death, and Customer voluntarily assumes all risks thereof. The Customer as listed on the Order Form agrees to inform all attendees at Customer’s event of the risks associated with Customer’s event, and Customer agrees to obtain permission from all attendees (including when necessary a parent or legal guardian of an attendee) to make the waivers and release contained within this Section 4. This Section 4 is a material term of the Agreement, with agreement thereto Entertainer would not enter into this contract or perform Services.
- Entertainer’s Characters are generic based on literature adapted from the public domain as interpreted and imagined by Entertainer. Characters are not associated with any licensed copyrighted or trademarked works owned by any public or private entity, and any similarities thereto are purely coincidental. If Customer seeks a licensed or copyrighted character, Customer should not enter into agreement for Entertainer’s Services and instead may want to contact the copyright or license holder.
- In the event Customer needs to change or reschedule Customer’s event as listed on the Order Form, Customer shall contact Entertainer as soon as possible, but in any event at least seven (7) days prior to the event; Entertainer may, in its sole discretion, agree to reschedule an event with less than seven (7) days notice on a case-by-case basis in exchange for Customer paying a rescheduling fee as determined by Entertainer. With at least seven (7) days notice, Customer may coordinate with Entertainer to reschedule the event Services one (1) time at a mutually agreeable date time and place, with the rescheduled Services to occur within ninety (90) days from the date of the original event.
- Non-disparagement. Customer, on behalf of him or herself and on behalf of all attendees at Customer’s event, agrees not to disparage Entertainer. For purposes of this Section 7, the term “disparage” shall mean any negative statement, whether oral, written, posted online, or via any other medium. Customer agrees that if a breach of this Section 7 should occur, it would be difficult to determine the actual damages; based on the present knowledge of Entertainer and Customer, the parties agree that One Thousand Dollars ($1,000) is a reasonable estimate of the damages that would accure for each breach of this Section 7 in the future, and Entertainer and Customer agree that this amount is reasonable and would not act as a penalty to Customer. Customer additionally consents to any other legal remedies available, including injunctions, which Entertainer determines are appropriate.
- Customer agrees to protect, indemnify, defend, and hold harmless Entertainer from and against any and all costs, claims, demands, damages, losses, and liabilities (including attorneys’ fees and costs and including any costs of defense) arising from or in any way related to the Services.
- Acts of God. Customer understands that certain events and acts of god are outside Entertainer’s control. These may include traffic delays, weather, emergency situations as determined by Entertainer in its sole discretion. Customer agrees that Entertainer is not responsible for cancelations or delays caused by acts of god or events beyond Entertainer’s control. Should such a cancelation occur, Entertainer will work with Customer to reschedule the Services or provide Customer a refund.
- Customer accepts responsibility for any damage or injury to a Character or the costume and/or property worn by the Character, including but not limited to wigs, clothing, shoes, accessories, and the like. Customer agrees to not use or permit liquid, food, or any other potential staining agent near a Character. In the event damage occurs to a Character costume or property, Entertainer will invoice Customer for the cost to clean, repair or replace the damaged item, which Customer agrees Entertainer may charge to Customer’s credit card. Additionally, Customer agrees to abide by certain rules for the services, which are available at __________________; should Entertainer determine, in its sole discretion, that Customer fail to abide by same, Entertainer may cancel the Services without refund to Customer.
- Customer agrees to abide by the Character start and stop times on the Order Form. If Customer desires for a Character to remain after the stop time, and Entertainer agrees, Customer agrees to pay a fee of $100 per thirty (30) minute period or portion thereof of additional time, which Customer agrees may be charged to Entertainer’s credit card.
- Customer agrees that that any photographs or video captured by Customer or attendees at Customer’s event may only be used for personal use only absent written consent by Entertainer. Customer grants Entertainer license to capture and utilize images of Character and guests at Entertainer’s party for purposes of advertising and promotion.
- Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without effect to conflict of law principles. Additionally, any action brought pursuant to this Agreement shall be brought within the jurisdiction of the Courts of Hillsborough County, Florida.
- Attorney Fees. Each party shall pay their own attorney fees.
- Entire Agreement. This Agreement constitutes the final written agreement and understanding of the parties and is intended as a complete and exclusive statement of the terms of the Agreement, which shall supersede all prior representations, agreements, and understandings, whether oral or written, which relate to the Entertainer and its Services. Entertainer may update these Terms, which shall become effective as of the date they are updated; Customer accepts responsibility to regularly review the Terms and agrees to accept any changes to the Terms. In the event any one or more provisions of this Agreement or any exhibit is held to be invalid or otherwise unenforceable, the enforceability of the remaining provisions shall be unimpaired. The failure of Entertainer to assert a right hereunder or to insist upon compliance with any term or condition does not constitute a waiver of that right or excuse any subsequent nonperformance of any such term or condition by Customer. All capitalized terms used herein, unless otherwise defined, and all headings are included solely for purposes of convenience and reference and will not be deemed to explain, modify, limit, amplify or aid in the meaning, construction or interpretation of any of the provisions of this Agreement.