Terms of Service & Booking
Last updated: April 8, 2019
This page sets out the terms and conditions of our agreement. We have tried our best to word them in plain English, but you should know that you are bound by this Agreement for our Services and these Terms. If you do not understand any of these Terms we are happy to explain them to the best of our ability, but we are not lawyers and cannot give you any legal advice. Any booking, whether confirmed verbally, electronically or in writing, is your acknowledgment that you are accepting these Terms. The only way to add or change this Agreement is to do so in writing and agreed to by both of us.
Definitions. The following terms, when capitalized, will have the following meaning.
Agreement means this agreement, which you have agreed to by making Payment and requesting our Services. Area means the area at the Event designated for the Performer to perform the Services. Event means the time and place you have schedule for our Services and Event Date means the date you provided for the Services. Parties means You and Us together. Payment means any payment made or required to be made by you for our Services including, without limitation, the payment you made at booking and any additional payments required under the Terms of this Agreement. Performer means any person performing as a character at an Event or otherwise on Our behalf. Services means any and all services provided by us or a Performer including, without limitation, princess or superhero performances; events, games, sing-alongs and stories; costume rental, accessories, face-painting and nail painting. We means Party Ever After, LLC, an Arizona limited liability company and/or Fair Maidens and Masks, LLC, an Arizona limited liability company. We may also be referred to by Our or Us. You or Your means you, an individual person or entity scheduling an Event with Us. You may also be referred to by Your.
Payment Terms. Payment for all requested Services is due when you book your Event. If you cancel within 24 hours of booking the Event, we will refund your full payment. If you cancel after 24 hours have passed, we will refund your payment minus a $50 booking fee. There will be NO REFUNDS for any cancellation that occurs within 14 days of the Event. You are responsible to pay for the full amount of time that Services are provided, even if that time exceeds the time you originally scheduled for the Event. We reserve the right to refuse Services to anyone for any reason at any time.
Your Acknowledgements and Responsibilities. By accepting these Terms you agree to each of the following statements. Please read them carefully.
Please make sure all guests are on their best behavior. Performers reserve the right to leave the Event (and no refund will be given) due to inappropriate or hostile behaviors including (without limitation) pushing, hitting, pulling, intentional damage to the costume, verbal harassment or sexual comments. For the safety of Our Mermaids and those swimming in the pool, guests may not swim while Mermaid is swimming. All guests must be holding onto the side of the pool, sitting on the steps, or out of the pool. Riding or holding on Our Mermaid Performer(s) at any time is PROHIBITED.
Please have an alternate location prepared in case of bad weather or extreme heat. Performers reserve the right to leave an Event if the Area is unsuitable for the Services including (without limitation) if the Area is outside and the temperatures are expected to exceed 90 degrees Fahrenheit. Pool must be heated or over 83 degrees for Swimming Mermaid to enter. If pool is too cold, Mermaid will be unable to perform in the water.
Please ensure that there is at least one adult per ten children responsible for the conduct of the children. Although Performers will use their reasonable efforts to motivate and excite the children it is not their or Our duty to discipline or control bad behavior. Performers will not be babysitting, and we do not provide babysitting services. The Performer will not be able to carry out the activities if there is not at least one adult present. Please be advised that there must be an adult in the pool at all times with the Swimming Mermaid. The parent must be prepared to assist if the children are having difficulty with swimming, are misbehaving, or are hanging on the Mermaid.
To ensure a smooth performance and for the safety of our performers, Parties must speak with each other over the phone at least once prior to Services. If you book our Services online or through a 3rd party booking system, We will attempt to reach you via telephone no less than 2 weeks prior to the Event date. If You do not answer or attempt to return our phone call attempts by 48 hours prior to the Event date then Our Services will be cancelled and NO REFUND will be given.
Please inform Us of any allergies, illness or disability that We should be aware of and arrange for any necessary accommodations prior to the Event. We cannot be held responsible for any harm caused as a result of your failure to do so.
All of our face paint, nail polish and make-up are FDA compliant and you understand that we are not responsible or liable for any accidents or damages, staining of skin, clothing or hair or allergic reaction to them.
You agree, for a period of 12 months following the Event, not to directly or indirectly engage or appoint the Performer to provide any services similar to the Services.
You give us permission to contact you in the future and to share your information with the Performer and other agents of Ours, as needed.
You understand that the Performer is limited by the guidelines of the Event location and You are responsible to prepay any parking or entrance fees for the performer at the Event location.
You understand that the Performer is not an employee of Ours and, in performing the Services the Performer is acting as an independent contractor of Ours.
You understand that some Event locations may incur a travel fee and that this travel fee will be added to the total cost of your purchase.
You understand that we are in no way affiliated with Disney, Marvel, Sony Pictures, Viacom, Nickelodeon or any other trademarked companies. We do not rent nor sell any trademarked products or materials. We have no intention of infringing on any copyright and take every necessary precaution to avoid doing so. Please note that it is not our intention to violate any copyright laws, so we attempt to make our characters different from well known, licensed, patented and or copyrighted characters using uniquely designed costumes and names of our own characters.
Delays, Performer Cancellations. The Services are subject to detention by sickness, accidents, or accidents to means of transportation, riots, strikes, epidemics, acts of God or any other conditions beyond the control of the Performer or Us. Should a Performer not arrive within the agreed time period, then We will refund your Payment. However, should you decide to allow the performer to entertain at your event then the Payment will not be refunded. We will inform you immediately if We become aware that a Performer is not available or will be delayed and will attempt to send a replacement. If a performer is unable to attend the Event, we will refund your Payment completely.
Indemnity. You will indemnify and hold Us and the Performer harmless against any and all claims, legal actions, judgments, demands, damages, liabilities and costs, reasonable attorneys’ fees, which directly or indirectly result from, or arise out of or in connection with, any negligent, reckless, or intentional act or omission by anyone at the Event, including You and Your children, family members, friends, acquaintances, and guests, and the performance of the Services.
Release. You hereby release and forever discharge Us and the Performer from any and all claims, demands, causes of action, damages, obligations, liabilities, rights and losses, whether known or unknown, suspected or unsuspected, foreseen and unforeseen, for any damage, and the consequences thereof, arising out of or in any way connected with this agreement the Services, and the Event. YOU ASSUME ALL RISK FOR THE SAFETY AND SECURITY OF ALL GUESTS AT THE EVENT.
Limitation of Liability. In no event will Our liability to You under this Agreement or otherwise exceed the amount of Payments made by you for the Event in question.
Dispute Resolution. Other than for claims related to Payments, all other disputes arising out of this Agreement must first be submitted to non-binding mediation within sixty (60) days of such disagreement (“Mediation Demand”). The mediator will be chosen by both of Us and the Mediation will be held in Maricopa County, Arizona. If You refuse to participate in good faith in the selection of a mediator, We will select the mediator. We will split the costs of the mediation equally. The mediator will deem the mediation “Complete” when the We agree that it has been completed, the mediator declares that any impasse still exists or 90 days have elapsed since the Mediation Demand, whichever occurs first. If mediation becomes Complete without resolution, You or We may then proceed to file a claim, demand or action. The statute of limitations will be tolled during the mediation process.
Governing Law. This Agreement shall be governed and construed in accordance with the internal laws (and not the conflicts of laws principles) of the State of Arizona. The Parties may bring suit to enforce any provision of this Agreement or obtain any remedy with respect hereto only in Maricopa County Superior Court or the United States District Court for the District of Arizona. For this purpose, the Parties expressly and irrevocably consent to the exclusive jurisdiction and venue of the state or federal court in Maricopa County, Arizona.