GENERAL CONTRACT FOR SERVICES
This Contract ("Contract") is made effective on the event date(s) specified in finalized booking details, by and between Happily Ever After Entertainment, (“HEA Entertainment”) and Fairytale Events (FTE), and the Client (That in whom requested service(s) by HEA Entertainment and FTE)
1. DESCRIPTION OF SERVICES. Beginning on the event date(s) stated in the finalized booking information, HEA Entertainment and FTE will provide the following services (collectively, the "Services"):
Services MAY include all or some of the following : Face Painting, Singing, Dancing, Themed Games, Story Telling, Tea Parties, Makeup Application, Hair Styling, Magic Tricks and private parades.
Client understands certain event locations may be denied or required to change venue based on safety concern for the contractor(s). This may include HEA Entertainment and FTE's inability to accommodate outdoor events during certain times of the year.
HEA Entertainment and FTE provide a variety of concierge services such as phone consultations, email correspondence, instant messages, text messages etc. all to which correlate to the main entertainment services.
2. PAYMENT. Payment shall be made to HEA Entertainment via invoice, using a major credit card.
Client agrees to pay HEA Entertainment and FTE as follows:
60% of the event total is due at booking as a retainer fee. A retainer fee is NON REFUNDABLE. The remaining 40% is due no later than 24 hours prior to said event. If client requests to cancel, any payments made are held on the account as a credit to be used at a later date. This credit does not expire.
Any tips shall be given directly to the independent contractor at time of service.
In addition to any other right or remedy provided by law, if Client fails to pay for the Services when due, HEA Entertainment and FTE has the option to treat such failure to pay as a material breach of this Contract, and may cancel this Contract and/or seek legal remedies.
Only accept Cash, Card or Company check. We do not accept personal checks
3. TERM. This Contract will terminate automatically upon completion by HEA Entertainment and FTE of the Services required by this Contract.
4. OWNERSHIP OF SOCIAL MEDIA CONTACTS. Any social media contacts, including "followers" or "friends," that are acquired through accounts (including, but not limited to email addresses, blogs, Twitter, Facebook, Youtube, or other social media networks) used or created on of after event date are the property of Happily Ever After Entertainment and Fairytale Events.
Client understands photos may be taken by the independent contractors during the event. The intent of these photos are for marketing purposes for use by HEA Entertainment only. Any photos used for marketing will only have the face of the working contractor (performer). Any photos with faces of guest/children will NOT be used with out consent and image release.
5. PERFORMER SAFETY. Client understands the safety of the performers is a priority and we reserve the right to refuse or complete service if a safety concern arises, with out refund, at the client's expense. This includes but is not limited to: inappropriate behavior from the client or any of their guests, any language towards performs that may be interpreted as threatening, visible weapons, unsanitary environment, ANY type of smoking (inside OR outside), requesting a performer to remove ANY part of their costume, etc. We CAN NOT allow a performer to work without shoes. If you do not want shoes worn in your home you MUST email us prior to the performers arrival so we can make an accommodation. Failure to do so, with refusal to let performer in with shoes on, will result in the performer leaving the premises WITHOUT refund.
5. DEFAULT. The occurrence of any of the following shall constitute a material default under this Contract:
a. The failure to make a required payment when due.
b. The insolvency or bankruptcy of either party.
c. The subjection of any of either party's property to any levy, seizure, general assignment for the benefit of creditors, application or sale for or by any creditor or government agency.
d. The failure to make available or deliver the Services in the time and manner provided for in this Contract.
6. REMEDIES ON DEFAULT. In addition to any and all other rights a party may have available according to law, if a party defaults by failing to substantially perform any provision, term or condition of this Contract (including without limitation the failure to make a monetary payment when due), the other party may terminate the Contract by providing written notice to the defaulting party. This notice shall describe with sufficient detail the nature of the default. The party receiving such notice shall have 7 days from the effective date of such notice to cure the default(s). Unless waived by a party providing notice, the failure to cure the default(s) within such time period shall result in the automatic termination of this Contract.
7. FORCE MAJEURE. If performance of this Contract or any obligation under this Contract is prevented, restricted, or interfered with by causes beyond either party's reasonable control ("Force Majeure"), and if the party unable to carry out its obligations gives the other party prompt written notice of such event, then the obligations of the party invoking this provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, without limitation, acts of God, fire, explosion, vandalism, storm or other similar occurrence, orders or acts of military or civil authority, or by national emergencies, insurrections, riots, or wars, or strikes, lock-outs, work stoppages, or other labor disputes, or supplier failures. The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable control of a party if committed, omitted, or caused by such party, or its employees, officers, agents, or affiliates.
8. DISPUTE RESOLUTION. The parties will attempt to resolve any dispute arising out of or relating to this Agreement through friendly negotiations amongst the parties. If the matter is not resolved by negotiation, the parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure.
Any controversies or disputes arising out of or relating to this Agreement will be submitted to mediation in accordance with any statutory rules of mediation. If mediation is not successful in resolving the entire dispute or is unavailable, any outstanding issues will be submitted to final and binding arbitration under the rules of the American Arbitration Association. The arbitrator's award will be final, and judgment may be entered upon it by any court having proper jurisdiction.
9. CONFIDENTIALITY. HEA Entertainment and FTE, and its employees, agents, or representatives will not at any time or in any manner, either directly or indirectly, use for the personal benefit of HEA Entertainment and FTE, or divulge, disclose, or communicate in any manner, any information that is proprietary to the Client. HEA Entertainment and FTE and its employees, agents, and representatives will protect such information and treat it as strictly confidential. This provision will continue to be effective after the termination of this Contract.
10. NOTICE. Any notice or communication required or permitted under this Contract shall be sufficiently given if delivered in person or by certified mail, return receipt requested, to the addresses listed above or to such other address as one party may have furnished to the other in writing. The notice shall be deemed received when delivered or signed for, or on the third day after mailing if not signed for.
11. ENTIRE CONTRACT. This Contract contains the entire agreement of the parties regarding the subject matter of this Contract, and there are no other promises or conditions in any other agreement whether oral or written. This Contract supersedes any prior written or oral agreements between the parties.
12. AMENDMENT. This Contract may be modified or amended if the amendment is made in writing and signed by both parties.
13. SEVERABILITY. If any provision of this Contract shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Contract is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
14. WAIVER OF CONTRACTUAL RIGHT. The failure of either party to enforce any provision of this Contract shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Contract.
15. INJURIES/LIABILITIES. The Client herby fully release and holds harmless HEA Entertainment and FTE and its employees, agents, representatives or associates from any and all claims for bodily injury, harm and/or loss during the event. This includes but is not limited too: injury to any persons attending said event, happenings inside or outside of said event, injury to persons within any vehicle, persons responsible for operating vehicles, persons near by vehicles, damages to any properties caused by or as a result of any HEA Entertainment and FTE persons.
16. INDEMNIFICATION. The Client agrees to indemnify and hold harmless HEA Entertainment and FTE and its employees, agents, representatives or associates involved from all claims, losses, expenses, fees including attorney fees, costs, and judgments that may be asserted against said parties that result from the acts or omissions of said Client.
17. APPLICABLE LAW. This Contract shall be governed by the laws of the State of Arizona.
This Contract ("Contract") is made effective on the event date(s) specified in finalized booking details, by and between Happily Ever After Entertainment, (“HEA Entertainment”) and Fairytale Events (FTE), and the Client (That in whom requested service(s) by HEA Entertainment and FTE)
1. DESCRIPTION OF SERVICES. Beginning on the event date(s) stated in the finalized booking information, HEA Entertainment and FTE will provide the following services (collectively, the "Services"):
Services MAY include all or some of the following : Face Painting, Singing, Dancing, Themed Games, Story Telling, Tea Parties, Makeup Application, Hair Styling, Magic Tricks and private parades.
Client understands certain event locations may be denied or required to change venue based on safety concern for the contractor(s). This may include HEA Entertainment and FTE's inability to accommodate outdoor events during certain times of the year.
HEA Entertainment and FTE provide a variety of concierge services such as phone consultations, email correspondence, instant messages, text messages etc. all to which correlate to the main entertainment services.
2. PAYMENT. Payment shall be made to HEA Entertainment via invoice, using a major credit card.
Client agrees to pay HEA Entertainment and FTE as follows:
60% of the event total is due at booking as a retainer fee. A retainer fee is NON REFUNDABLE. The remaining 40% is due no later than 24 hours prior to said event. If client requests to cancel, any payments made are held on the account as a credit to be used at a later date. This credit does not expire.
Any tips shall be given directly to the independent contractor at time of service.
In addition to any other right or remedy provided by law, if Client fails to pay for the Services when due, HEA Entertainment and FTE has the option to treat such failure to pay as a material breach of this Contract, and may cancel this Contract and/or seek legal remedies.
Only accept Cash, Card or Company check. We do not accept personal checks
3. TERM. This Contract will terminate automatically upon completion by HEA Entertainment and FTE of the Services required by this Contract.
4. OWNERSHIP OF SOCIAL MEDIA CONTACTS. Any social media contacts, including "followers" or "friends," that are acquired through accounts (including, but not limited to email addresses, blogs, Twitter, Facebook, Youtube, or other social media networks) used or created on of after event date are the property of Happily Ever After Entertainment and Fairytale Events.
Client understands photos may be taken by the independent contractors during the event. The intent of these photos are for marketing purposes for use by HEA Entertainment only. Any photos used for marketing will only have the face of the working contractor (performer). Any photos with faces of guest/children will NOT be used with out consent and image release.
5. PERFORMER SAFETY. Client understands the safety of the performers is a priority and we reserve the right to refuse or complete service if a safety concern arises, with out refund, at the client's expense. This includes but is not limited to: inappropriate behavior from the client or any of their guests, any language towards performs that may be interpreted as threatening, visible weapons, unsanitary environment, ANY type of smoking (inside OR outside), requesting a performer to remove ANY part of their costume, etc. We CAN NOT allow a performer to work without shoes. If you do not want shoes worn in your home you MUST email us prior to the performers arrival so we can make an accommodation. Failure to do so, with refusal to let performer in with shoes on, will result in the performer leaving the premises WITHOUT refund.
5. DEFAULT. The occurrence of any of the following shall constitute a material default under this Contract:
a. The failure to make a required payment when due.
b. The insolvency or bankruptcy of either party.
c. The subjection of any of either party's property to any levy, seizure, general assignment for the benefit of creditors, application or sale for or by any creditor or government agency.
d. The failure to make available or deliver the Services in the time and manner provided for in this Contract.
6. REMEDIES ON DEFAULT. In addition to any and all other rights a party may have available according to law, if a party defaults by failing to substantially perform any provision, term or condition of this Contract (including without limitation the failure to make a monetary payment when due), the other party may terminate the Contract by providing written notice to the defaulting party. This notice shall describe with sufficient detail the nature of the default. The party receiving such notice shall have 7 days from the effective date of such notice to cure the default(s). Unless waived by a party providing notice, the failure to cure the default(s) within such time period shall result in the automatic termination of this Contract.
7. FORCE MAJEURE. If performance of this Contract or any obligation under this Contract is prevented, restricted, or interfered with by causes beyond either party's reasonable control ("Force Majeure"), and if the party unable to carry out its obligations gives the other party prompt written notice of such event, then the obligations of the party invoking this provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, without limitation, acts of God, fire, explosion, vandalism, storm or other similar occurrence, orders or acts of military or civil authority, or by national emergencies, insurrections, riots, or wars, or strikes, lock-outs, work stoppages, or other labor disputes, or supplier failures. The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable control of a party if committed, omitted, or caused by such party, or its employees, officers, agents, or affiliates.
8. DISPUTE RESOLUTION. The parties will attempt to resolve any dispute arising out of or relating to this Agreement through friendly negotiations amongst the parties. If the matter is not resolved by negotiation, the parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure.
Any controversies or disputes arising out of or relating to this Agreement will be submitted to mediation in accordance with any statutory rules of mediation. If mediation is not successful in resolving the entire dispute or is unavailable, any outstanding issues will be submitted to final and binding arbitration under the rules of the American Arbitration Association. The arbitrator's award will be final, and judgment may be entered upon it by any court having proper jurisdiction.
9. CONFIDENTIALITY. HEA Entertainment and FTE, and its employees, agents, or representatives will not at any time or in any manner, either directly or indirectly, use for the personal benefit of HEA Entertainment and FTE, or divulge, disclose, or communicate in any manner, any information that is proprietary to the Client. HEA Entertainment and FTE and its employees, agents, and representatives will protect such information and treat it as strictly confidential. This provision will continue to be effective after the termination of this Contract.
10. NOTICE. Any notice or communication required or permitted under this Contract shall be sufficiently given if delivered in person or by certified mail, return receipt requested, to the addresses listed above or to such other address as one party may have furnished to the other in writing. The notice shall be deemed received when delivered or signed for, or on the third day after mailing if not signed for.
11. ENTIRE CONTRACT. This Contract contains the entire agreement of the parties regarding the subject matter of this Contract, and there are no other promises or conditions in any other agreement whether oral or written. This Contract supersedes any prior written or oral agreements between the parties.
12. AMENDMENT. This Contract may be modified or amended if the amendment is made in writing and signed by both parties.
13. SEVERABILITY. If any provision of this Contract shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Contract is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
14. WAIVER OF CONTRACTUAL RIGHT. The failure of either party to enforce any provision of this Contract shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Contract.
15. INJURIES/LIABILITIES. The Client herby fully release and holds harmless HEA Entertainment and FTE and its employees, agents, representatives or associates from any and all claims for bodily injury, harm and/or loss during the event. This includes but is not limited too: injury to any persons attending said event, happenings inside or outside of said event, injury to persons within any vehicle, persons responsible for operating vehicles, persons near by vehicles, damages to any properties caused by or as a result of any HEA Entertainment and FTE persons.
16. INDEMNIFICATION. The Client agrees to indemnify and hold harmless HEA Entertainment and FTE and its employees, agents, representatives or associates involved from all claims, losses, expenses, fees including attorney fees, costs, and judgments that may be asserted against said parties that result from the acts or omissions of said Client.
17. APPLICABLE LAW. This Contract shall be governed by the laws of the State of Arizona.