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PLEASE NOTE THAT BY SIGNING THIS AGREEMENT YOU CONFIRM THAT YOU HAVE COMPLETELY READ, FULLY UNDERSTAND, AND VOLUNTARILY AGREE TO BE BOUND BY THE FOLLOWING:
- IT IS YOUR SOLE RESPONSIBILITY, AS THE CLIENT, TO ENSURE THAT THE ENTERTAINMENT (EVENT) BOOKED WITH JUST FUN FOR KIDS MEETS THE REQUIREMENTS OF THE VENUE/RESTAURANT/CATERING HALL (EVENT LOCATION). THIS INCLUDES OBTAINING ALL REQUIRED PERMISSIONS FROM THE VENUE/RESTAURANT/CATERING HALL FOR THE TYPE OF ENTERTAINMENT (EVENT) YOU ARE BOOKING, AS WELL AS CONFIRMATION OF THE TIME AND DURATION OF THE BOOKED ENTERTAINMENT (EVENT). IF A LIMITATION IS PLACED ON THE ENTERTAINMENT (EVENT) DURING PERFORMANCE OF OUR SERVICES, PLEASE BE ADVISED THAT JUST FUN FOR KIDS IS NOT RESPONSIBLE AND DOES NOT BEAR ANY ASSOCIATED RISKS, AS IT IS THE RESPONSIBILITY OF THE CLIENT TO AGREEMENT THE VENUE/RESTAURANT/CATERING HALL PRIOR TO THE EVENT FOR ANY CONFIRMATION AND PERMISSION WHICH MAY BE REQUIRED FOR THE PURPOSES OF THE EVENT.
- AS THE CLIENT, IT IS YOUR SOLE RESPONSIBILITY TO INFORM US PROPERLY AND IN A TIMELY MANNER IF THERE ARE ANY CHANGES MADE TO YOUR PARTY WHICH MAY SOMEHOW AFFECT THE EVENT. THIS INCLUDES ANY CANCELLATIONS AND ANY OTHER CIRCUMSTANCES WHICH MAY IMPACT ON THE COMMENCEMENT OF EVENT. PLEASE DO NOT INFORM US VIA E-MAIL.IT IS IMPORTANT TO SPEAK WITH SOMEONE AT JUST FUN FOR KIDS DIRECTLY AND OBTAIN A CLEAR ACKNOWLEDGEMENT THAT WE RECEIVED THE CANCELLATION.
- YOUR SAFETY, HEALTH STANDARDS, AND SECURITY RESPONSIBILITIES: IT IS YOUR SOLE RESPONSIBILITY AS THE CLIENT, TO BOOK THE EVENT VENUE, HOST OUR EMPLOYEES AND PERFORMERS, AND TO ENSURE THAT THE RESPECTIVE FACILITIES COMPLY WITH AND SATISFY ANY AND ALL APLICABLE SAFETY, SECURITY STANDARDS, AND HEALTHCARE REQUIREMENTS OF FEDERAL, STATE, AND LOCAL LAWS AND AUTHORITIES, AND TO MAKE SURE THAT THE VENUE IS AND REMAINS SAFE AND IN AN APPROPRIATE CONDITION ALL THE TIME DURING PERFORMANCE OF THE EVENT. YOU SHALL, AMONG OTHER, ENSURE THAT ALL REQUIRED MEASURES ARE DULY IMPLEMENTED AT THE FACILITIES AND ARE ADHERED TO BY EVENT PARTICIPANTS AND ATTENDEES. IT IS ALSO YOUR RESPONSIBILITY TO DULY INFORM ANY EVENT ATTENDEE OF SUCH RISKS, TO ENSURE THAT EACH OF THEM IS DULY FORMALISED WITH AND BOUND BY RULES AND DIRECTIONS OF USING EVENT VENUE FACILITIES.
YOU ALSO UNDERSTAND AND AGREE THAT IT IS YOUR RESPONSBILITY TO INSPECT AND ENSURE THAT A SET OF RULES AND DIRECTION FOR USE OF EVENT FACILITIES ARE EITHER DISPLAYED ON THE BOUNCE HOUSE/UNIT(S) OR HAVE BEEN PROVIDED TO EVENT ATTENDEES.
[The following disclaimer is recommended during the COVID restrictions]
- THE CORONAVIRUS (COVID-19) PANDEMIC IS A WORLDWIDE RISK TO HUMAN HEALTH. COVID-19 IS HIGHLY CONTAGIOUS AND CAN SPREAD EASILY AND EXPONENTIALLY. YOU HEREBY ACKNOWLEDGE THAT HOSTING THE EVENT AND ACCESSING THE EVENT LOCATION MAY BE DANGEROUS OR UNSAFE FOR VISITORS OF YOUR EVENT AND COULD EXPOSE YOU OR OTHERS TO COVID-19. AS A PERSON RESPONSIBLE FOR THE HOSTING THE EVENT YOU, BY SIGNING THIS AGREEMENT, ACKNOWLEDGE AND AGREE THAT IT IS YOUR SOLE RESPONSIBILITY TO ENSURE THAT:
- ANY PERSON ATTENDING THE EVENT IS NOT AFFLICTED WITH, AND HAVE NOT KNOWINGLY, WITHIN LAST 14 DAYS, BEEN IN CONTACT WITH SOMEONE AFFLICTED WITH COVID-19; AND
- ANY PERSON ATTENDING THE EVENT IS NOT EXPERIENCING A FEWER OR SIGNS OF RESPIRATORY ILLNESS SUCH AS COUGH, SHORTNESS OF BREATH OR DIFFICULTY BREATHING, OR OTHER COVID-19 SYMPTOMS.
BY SIGNING THIS AGREEMENT, YOU ARE DECLARING THAT YOU SHALL TAKE ALL REASONABLE AND RECOMMENDED ACTIONS TO PROTECT OUR EMPLOYEES AND THE PERFORMERS, AND OTHER VISITORS OF THE EVENT FROM EXPOSURE TO COVID-19 AND THAT YOU ASSUME THE RISK OF HOSTING AND ENTERING THE EVENT, OR ALLOWING SOMEONE ELSE TO ENTER AND USE THE EVENT FACILITIES.
The Client shall pay, upon signing this Agreement, a NON-REFUNDABLE Deposit as a retainer for our services if so agreed by the parties upon booking the Event with JUST FUN FOR KIDS and specified herein. The Client shall pay Total Amount Due of the balance [to choose one of the options: not later than seven (7) days before the Event Date / not later than one (1) business day after the Event Date]. JUST FUN FOR KIDS may charge overtime rates for our extra time spent over agreed Duration of the Event.
This Agreement, together with the Additional Terms and Conditions attached hereto, constitute the entire and complete agreement and understanding among the parties hereto with respect to the subject matter hereof and supersede all prior understanding and agreements, whether written or oral, with respect to the subject matter hereof. This Agreement may be amended only by a written instrument executed by the parties hereto.
ADDITIONAL TERMS AND CONDITIONS
- This Agreement shall only become binding upon JUST FUN FOR KIDS‘ receipt of a signed copy of this Agreement together with payment of the Deposit (if the parties agreed on such payment conditions). Prior to receipt of the signed Agreement, and payment of the Deposit, JUST FUN FOR KIDS is not under any obligation to hold the date of Event open for the Client.
- Upon receipt of the duly executed Agreement together with full payment of the Deposit, JUST FUN FOR KIDS will reserve the Date of Event for Client. As such, unless otherwise specified herein, JUST FUN FOR KIDS shall retain the Client’s Deposit as a reasonable estimation of its damages hereunder and may set off the Deposit against full or partial amount of such damages if this Agreement is not performed for any reason not subsequently caused by our failure to perform obligations under this Agreement, including but not limited to the following circumstances:
- The Client terminates this Agreement at any time and for any reason not caused by a material breach of this Contract by JUST FUN FOR KIDS;
- The Client’s failure to complete all the conditions precedent to JUST FUN FOR KIDS’ obligations, as specified in this Agreement;
- The JUST FUN FOR KIDS‘ inability to perform hereunder if its performance is impeded by matters outside of its control, including, but not limited to, fire, casualty, acts of God, local, state or federal regulations or orders, inadequate crowd control or protection from environmental conditions.
- In the event the Client cancels the Event, but requests JUST FUN FOR KIDS‘ services for a different date (a “Rescheduled Date”), the parties shall enter into a new Agreement for the Rescheduled Date. JUST FUN FOR KIDS reserves the right to apply at its sole discretion the Client’s previously paid Deposit to the new Event for Rescheduled Date, or to set off the Deposit for any JUST FUN FOR KIDS‘ damages, losses, or expenses caused by the Client’s cancellation and in such a case the Client agrees to pay the additional Deposit at the time of execution such new Agreement for the Rescheduled Event.
- Performers. The Client understands and agrees that for purposes of fulfilment obligations under this Contract JUST FUN FOR KIDS is authorized to engage a third party (the “Performer”). In the event the Performer assigned to this Event is unable to perform due to illness, accident, equipment failure or otherwise, JUST FUN FOR KIDS shall use its commercially reasonable efforts to find a replacement performer, equipment or to otherwise perform hereunder. If JUST FUN FOR KIDSis unable to locate a replacement performer or replacement equipment, and therefore fails to perform hereunder, the Client’s Deposit shall be refunded within thirty (30) business days after the Event Date. The parties agree that such refund of the Deposit is and shall be Client’s sole and exclusive remedy in either law or in equity for JUST FUN FOR KIDS‘ failure to perform hereunder. The Client shall indemnify and hold JUST FUN FOR KIDS harmless in case of any claims or proceedings brought by any invitee, visitor, or any other third party related to, engaged or invited by the Client to the Event against JUST FUN FOR KIDS or its officers, directors, employees, agents, or affiliates (the “JUST FUN FOR KIDS’ Persons“), and the Performers based on any ground in connection with such failure to perform.
- Absence of warranty. JUST FUN FOR KIDSdoes not provide any warranties or guarantees with respect to its performance hereunder, relevancy of the services to Client’s expectations or with respect to any material or equipment used during the performance, and none should be implied by Client, or by law.
- Equipment. The Client agrees to be fully responsible for any loss or damage suffered by JUST FUN FOR KIDS, the JUST FUN FOR KIDS’ Persons, or the Performers to their equipment, tangible property or otherwise during the performance, including, but not limited to, damage as a result of improper crowd control, negligent or willful misconduct by the Client’s guests or exposure to environmental elements.
- JUST FUN FOR KIDS specifically reserves the right to select the performer, who will perform this contract on its behalf, as well as the production, presentation and performance of the services rendered hereunder. The Performer listed on this Agreement is merely for information purposes and not intended to guaranty that specific person’s performance under this Agreement.
- Assignment of rights. JUST FUN FOR KIDS reserves the right at its discretion to assign JUST FUN FOR KIDS’ rights under this Agreement to any third party and at any time during the effective period of this Agreement.
- Termination by JUST FUN FOR KIDS. JUST FUN FOR KIDS may terminate this Agreement without cause at any time by notifying the Client of termination and by reimbursing the Deposit (if applicable) in thirty (30) business days after the termination date. On termination, the Client has no any rights or remedies against JUST FUN FOR KIDS other reimbursement of the Deposit.
- Termination by the Client. The Client may terminate this Agreement without cause at any time by notifying JUST FUN FOR KIDS of termination. If JUST FUN FOR KIDS receives the Client’s notice less than seven (7) business days before the Event Date, the Client’s Deposit (if applicable) will not be reimbursed. If we receive the Client’s notice before or in seven (7) business days prior to the Event Date, we will reimburse the Deposit to the Client reduced by any expenses incurred in connection with our preparation to the Event , in thirty (30) business days after the Event Date.
- JUST FUN FOR KIDSherein reserves the right to utilize photographs, video recordings, audio or other media documentation of the Event for purposes of its own marketing and the Client herein expressly authorizes any such activities by JUST FUN FOR KIDS.
The Client hereby grant full permission to JUST FUN FOR KIDS to prepare, use, reproduce, publish, distribute any picture, video recording, audio, voice or other media documentation of the Event or any person attending the Event in any matter related to the aforementioned purpose including JUST FUN FOR KIDS’ website posting. The Client waives all rights of privacy and compensation and is obliged to receive such waivers from any Event attendee by the Event Date which the Client and any of such persons may have in connection with the use of the enumerated media materials.
- The executed Agreement and 50% deposit (if the deposit is applicable) are due not later than 10 days after the effective date of the Agreement. Deposits are non-refundable but can become a credit to be used for a future event within 3 months if this Agreement is terminated for non-performance or improper performance by JUST FUN FOR KIDS. In any other circumstances, the deposit will be set off for the Total Fees due for our services or for any damages, expenses, and any other losses which we incurred in connection with termination of this Agreement occurred for any reason other than our non-performance or improper performance. If the deposit becomes a credit and is not used by you within 3 months, it is deemed lost. For avoidance of doubts, any interests are not chargeable for the credit.
- Specific obligations of the Client. In addition to obligations imposed on the Client by other provisions of this Agreement or stated by applicable law, the Client shall:
- Notify us of a rain date by 11:00 AM on the day before the Event.
- Make any payments by cash or check, NO money orders or credit cards on the date of the Event.
- Follow the rules, guidelines and instructions of JUST FUN FOR KIDS applicable to the performance of the Event and accept responsibility of all persons attending, participating, or observing the Event and their actions.
- Procure that every children participating or observing the Event is duly supervised at all times by a parent or guardian.
- Before the Event, to explain to the children participating or observing the Event basic safety rules of the Venue and facilities used for the Event.
- Procure that you have made all parents or legal guardians for the participants or observers of the Event are aware of the risks associated with activities at the Event, use of open play areas, equipment and will knowingly and freely assume all such risk, both known and unknown, including those which may arise from the negligence of other participants.
- Provide all necessary information with regard to the Event Location, directions, access information, and any other instructions which JUST FUN FOR KIDS may require to attend and perform the Event. Client is responsible for all permits and consents which may require for performance of the Event.
- The Client is responsible for all needed electric within 100 feet of set up site unless otherwise agreed to by both parties in writing. Upon our request, the Client shall provide any other facilities which may reasonably require for the performance of the Event.
- JUST FUN FOR KIDS is not responsible for late or impossible setups due to improper access information provided by the Client. The Client is obliged to ensure that we can remove our equipment when the contracted Event time is over, otherwise the Client shall pay additional charges as overtime fees for impossibility of taking off and utilizing our equipment after the Event’s contracted time period. Such additional charges to be made by the Client in seven (7) days upon receiving our notice.
- JUST FUN FOR KIDS reserves the right not to operate equipment during inclement weather (ie: wind (over 20mph), rain, freezing temperatures) or heat over 78F for safety reasons or any other events beyond our control which create impossibility of our performance or induce a significant risk of injuries or harm to any property or person present at the Event. In this case, the Client shall make payment for our Total Fees.
- Liability. Liability of JUST FUN FOR KIDS for claims for damages of any kind caused by negligence or other acts or omissions of JUST FUN FOR KIDS, JUST FUN FOR KIDS’ Persons, and the Performersis limited to the Total Amount of our Fees.
- Breach of Payment Conditions. If the Client fails to pay the full amount of Total Fee Due seven (7) days prior to the Event Date, interest shall accrue beginning on the Event Date at a rate of one and one-half percent (1.5%) monthly on all outstanding balances until full payment is received. In the event JUST FUN FOR KIDSmust commence collection procedures, the Client shall pay the costs and expenses of the same, including, but not limited to, reasonable attorney’s fees.
- Reimbursement for property damage. The Client agrees upon our notice to reimburse JUST FUN FOR KIDS, the JUST FUN FOR KIDS’ Persons, and the Performersfor any and all expenses, losses, liabilities, fines, penalties, and third parties’ claims of any type including attorney’s fees and replacement value of items if any property used during preparation to or performance of the Event is damaged, lost, stolen, or destroyed for any reason or due to any circumstance except for our willful misconduct. Client also agrees to hold harmless JUST FUN FOR KIDS, the JUST FUN FOR KIDS’ Persons, and the Performers against any claims, lawsuits or demands which may sustain as a result of damage to any property by any cause during performance of the Event.
- Indemnity. The client agrees to indemnify and hold JUST FUN FOR KIDS, the JUST FUN FOR KIDS’ Persons, and Performersharmless against any and all liability, loss, damages, penalties, costs and expenses for death, personal injury or damage to real or tangible personal property which JUST FUN FOR KIDS, the JUST FUN FOR KIDS’ Persons, and Performers may sustain, incur or be required to pay, resulting from, arising out of, or in connection with the services performed or delivered under this Agreement.
- No agreements, representations, or warranties other than those set forth in this document shall be binding on any of the parties unless set forth in writing and signed by both parties. If one or more of the provisions of this document is held invalid, unenforceable, or illegal in any respect, the remainder of this Agreement shall remain valid and in full force and effect.
- Parking and toll charges. The Client understands and confirms that parking in Manhattan, NY is generally difficult to find, and as a company policy of JUST FUN FOR KIDS regarding travel for out of the area, the Client is responsible for helping to find the entertainment locate parking or paying the applicable parking fees.
Client is responsible for payment of the tolls as incurred while traveling to and from the event site. This charge is in addition to the flat Event fee.
- ACKNOWLEDGMENT OF RISKS, WAIVER, AND RELEASE OF LIABILITY.
THE CLIENT, BY SIGNING THIS AGREEMENT, ACKNOWLEDGES, UNDERSTANDS, AND AGREES TO THE FOLLOWING:
- THE CLIENT IS AWARE OF DIFFERENT TYPES OF ACTIVITIES, EQUIPMENT, AND FACILITIES OFFERED BY JUST FUN FOR KIDS AND IS AWARE OF THE RISKS INHERENT IN PARTICIPATION IN SUCH ACTIVITIES AND USE OF SUCH EQUIPMENT AND FACILITIES. ALTHOUGH JUST FUN FOR KIDS WILL MAKE REASONABLE ENDEAVOURS TO TAKE PRECAUTIONS, IT IS NOT POSSIBLE FOR JUST FUN FOR KIDS TO ENSURE THE SAFETY OF EVENT PARTICIPANTS AND ATTENDEES BECAUSE IT IS THE SOLE RESPONSIBILITY OF THE CLIENT TO BOOK THE VENUE, AND ENSURE THAT ALL APPLICABLE SAFETY STANDARDS ARE IMPLEMENTED IN, UPON, OR ABOUT THE EVENT VENUE OR ANY FACILITY OR EQUIPMENT THEREIN.
- PLAY ON AN AMUSEMENT DEVICE AND OBSERVATION OR PARTICIPATION IN OTHER ACTIVITIES TO BE PERFORMED AT THE EVENT ENTAIL BOTH KNOWN AND UNKNOWN INHERENT RISKS INCLUDING, BUT NOT LIMITED TO, PHYSICAL INJURY FROM FAILING, SLIPPING, CRASHING OR COLLIDING, EMOTIONAL INJURY, PARALYSIS, DISTRESS, DAMAGE OR DEATH TO ANY EVENT PARTICIPANT OR ATTENDEE. THEREFORE, THE CLIENT AGREES ON HIS OR HER BEHALF AND ON BEHALF OF HIS OR HER CHILDREN TO SO PARTICIPATE OR OBSERVE THE EVENT, AND ANY PERSONAL REPRESENTATIVES, HEIRS, AND NEXT OF KIN, HEREBY RELEASES, WAIVES, DISCHARGES AND COVENANTS NOT TO SUE JUST FUN FOR KIDS, THE JUST FUN FOR KIDS’ PERSONS, AND THE PERFORMERS (THE “RELEASEES”) FROM ALL LIABILITY FOR ANY LOSS OR DAMAGE, AND ANY CLAIM OR DEMANDS THEREFORE ON ACCOUNT OF INJURY TO THE PERSON OR PROPERTY OR RESULTING IN DEATH WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE WHILE THE CLIENT OR SUCH CHILDREN IS IN, UPON, OR ABOUT THE PREMISES OR ANY FACILITIES OR EQUIPMENT THEREIN OR OBSERVING OR PARTICIPATING IN ANY ACTIVITY AT THE EVENT.
THE CLIENT HEREBY WARRANT THAT ALL ATTENDEES AND PARTICIPANTS OF THE EVENT RELEASE OF JUST FUN FOR KIDS, THE JUST FUN FOR KIDS’ PERSONS, AND THE PERFORMERS LIABILITY ON THE SAME CONDITIONS. THE CLIENT AGREES THAT IT IS THE CLIENT’S RESPONSIBILITY TO COLLECT THE RESPECTIVE WAIVERS AND RELEASES.
- THE CLIENT HEREBY AGREES TO INDEMNIFY, FOREVER DISCHARGE, SAFE, AND HOLD HARMLESS JUST FUN FOR KIDS, THE JUST FUN FOR KIDS’ PERSONS, AND THE PERFORMERS AND EACH OF THEM FROM ANY AND ALL LOSS, DAMAGE, COSTS, EXPENSES, LIABILITY, CLAIMS, DEMANDS, CAUSES OR RIGHTS OF ACTION WHETHER PERSONAL TO THE CLIENT, HIS OR HER CHILDREN, OR TO A THIRD PARTY, INCLUDING BUT NOT LIMITED TO THE EVENT ATTENDEES, OBSERVERS, AND PARTICIPANTS, WHICH ARE IN ANY WAY CONNECTED WITH PRESENCE OF THE UNDERSIGNED OR SUCH CHILDREN OR THE THIRD PARTY IN, UPON, OR ABOUT THE PREMISES OR IN ANY WAY OBSERVING OR USING ANY FACILITIES OR EQUIPMENT OR PARTICIPATING IN ANY ACTIVITY AT THE EVENT, INCLUDING THOSE ALLEGEDLY ATTRIBUTABLE TO NEGLIGENT ACTS OR OMISSIONS OF THE RELEASEES OR OTHERWISE.
SHOULD JUST FUN FOR KIDS, JUST FUN FOR KIDS’ PERSONS, OR PERFORMERS BE REQUIRED TO INCUR ATTORNEY’S FEES AND COSTS TO ENFORCE THIS AGREEMENT, THE CLIENTEXPRESSLY AGREES TO INDEMNIFY AND HOLD JUST FUN FOR, JUST FUN FOR KIDS’ PERSONS, OR PERFORMERSHARMLESS FOR ALL SUCH FEES AND COSTS. IN EVENT THE CLIENT OR ANY OF EVENT PARTICIPANTS OR OBSERVERS FILES A LAWSUIT AGAINST JUST FUN FOR, JUST FUN FOR KIDS’ PERSONS, AND PERFORMERS IT IS AGREED TO DO SO SOLELY IN THE STATE OF NEW YORK.
- THE CLIENT HEREBY ASSUME FULL RESPONSIBILITY FOR AND RISK OF BODILY INJURY, DEATH OR PROPERTY DAMAGE TO THE UNDERSIGNED OR SUCH CHILDREN OR ANY OTHER PERSON ATTENDING OR OBSERVING THE EVENT, DUE TO NEGLIGENCE OF JUST FUN FOR KIDS, THE JUST FUN FOR KIDS’ PERSONS, AND THE PERFORMERS OR OTHERWISE WHILE IN, ABOUT OR UPON THE PREMISES AND/OR WHILE USING THE PREMISES OR ANY FACILITIES OR EQUIPMENT THEREON OR PARTICIPATING OR OBSERVING ANY ACTIVITY RELATED TO THE EVENT.
- THE CLIENT HEREBY ACKNOWLEDGES AND AGREES THAT IN CONSIDERATION OF BEING PERMITTED BY JUST FUN FOR KIDS TO USE ITS EQUIPMENT, FACILITIES, PRESENT OR OBSERVE THE EVENT FOR ANY PURPOSE, THE CLIENT, HIS/HER CHILDREN, ANY PERSONAL REPRESENTATIVES, HEIRS, AND NEXT OF KIN, AND ANOTHER ATTENDEES OF THE EVENT INVITED BY THE CLIENT, AGREE AND REPRESENT THAT HE OR SHE HAS OR IMMEDIATELY UPON ENTERING OR PARTICIPATING AT THE EVENT WILL INSPECT AND CAREFULLY CONSIDER SUCH PREMISES AND FACILITIES AT THE EVENT VENUE. IT IS FURTHER WARRANTED THAT SUCH ENTRY FOR ANY PURPOSE CONSTITUTES AN ACKNOWLEDGEMENT THAT SUCH PREMISES AND ALL FACILITIES AND EQUIPMENT THEREON HAVE BEEN INSPECTED AND CAREFULLY CONSIDERED. THE CLIENT AGREES TO INDEMNIFY AND HOLD HARMLESS JUST FUN FOR KIDS, JUST FUN FOR KIDS’ PERSONS, AND PERFORMERS FROM ANY AND ALL CLAIMS, LAWSUIT, DEMANDS WHICH ARE BROUGHT BY THE CLIENT, HIS/HER CHILDREN, ANY PERSONAL REPRESENTATIVES, HEIRS, AND NEXT OF KIN, OR ANOTHER ATTENDEES OF THE EVENT, AND WHICH ARE IN ANY WAY CONNECTED WITH SUCH USE OR PARTICIPATION.
- BY SIGNING THIS AGREEMENT YOU ACKNOWLEDGE AND CERTIFY THAT YOU HAVE HAD SUFFICIENT OPPORTUNITY TO READ THE ENTIRE AGREEMENT, INCLUDING ITS SECTION “ACKNOWLEDGEMENT OF RISKS, WAIVER, AND RELEASE OF LIABILITY”, YOU UNDERSTAND ITS CONTENT AND THAT YOU EXECUTE THIS AGREEMENT FREELY WITHOUT DURESS OR ANY OTHER UNDUE INFLUENCE OF ANY KIND AND AGREE TO THE TERMS HEREIN STATED.
- THE CLIENT FURTHER EXPRESSLY AGREES THAT IF ANY PORTION OF THIS AGREEMENT IS FOUND TO BE VOID OR UNENFORCEABLE, THE REMAINING PORTIONS SHALL REMAIN IN FULL FORCE AND EFFECT. THE FOREGOING RELEASE WAIVER AND INDEMNITY PROVISION IS INTENDED TO BE AS BROAD AND INCLUSIVE AS PERMITTED BY THE APPLICABLE LAW AND THAT ANY PORTION THEREOF IS HELD INVALID, IT IS AGREED THE REMAINING PROVISIONS SHALL, NOTWITHSTANDING IN FULL LEGAL FORCE AND EFFECT.
- The Client understands and agrees that we do our best to arrive at your Event at a time that ensures we can start at the scheduled time in your contract. However, we ask that you please account for an hour of leeway from the scheduled time of entertainment for circumstances that are not in our control and impair our ability to start at the scheduled time (i.e., road blocks, inclement weather, traffic congestion). Also, please note that JUST FUN FOR KIDS will not be responsible for the tardiness of vendors (i.e., magicians, specialty acts, etc.) that are booked through JUST FUN FOR KIDS as these vendors are responsible for their own schedules and work with their own drivers to get to/from scheduled events. By signing this Agreement, you agree that you have read these terms and conditions and are in agreement to such.
- This Agreement shall be construed in accordance with the laws of the New York State.
Statement of Authorization:
The purpose of this statement is to authorize [full legal entity name] (also stated as the “JUST FUN FOR KIDS”) to process credit card transactions from the above stated applicant. These transactions will be processed via telephone orders or in person. BY SIGNING THIS AGREEMENT I EXPLICITLY AGREE TO A NON REFUNDABLE CHARGE TO MY CARD TO SECURE THE TIME AND DATE OF THE EVENT OR PAY IN FULL FOR SERVICES PROVIDED AS MAY BE ENVISAGED BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
I/We have read and agree to abide by terms and conditions of JUST FUN FOR KIDS prices and under no circumstances request a refund/chargeback on the card listed above without receiving prior written authorization from JUST FUN FOR KIDS.
Effective Date and Place:
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[client’s name] (“Client” or “You“):
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Client Signature:
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On Behalf of [legal entity name] (“Just Fun For Kids” or “We“), [title]Natalia Krasnikova:
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