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Magical Memories Entertainment Contract For Services
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Magical Memories Entertainment ~210 Marble Ave Suite #3 Pleasantville NY 10570 ~ Phone: 914-548-2048

CONTRACT FOR ENTERTAINMENT SERVICES

CONTRACT is entered into on

between Simply Steven Magic, Magical Memories Entertainment, Steven Burchard, their officers, agents, assistants, or employees (MME), and ­­­­CUSTOMER named in SECTION VI (CUSTOMER). MME will perform professional services for CUSTOMER as described in SECTION VI (SHOW).

SECTION I – Waiver of Liability and Hold Harmless Agreement

A. CUSTOMER agrees to indemnify MME and hold MME harmless from any and all claims, actions, suits, proceeding, costs, expenses, damages and liability, including attorney’s fees, fines and penalties arising out of, connected with or resulting from MME personnel and equipment provided.

B. CUSTOMER does hereby release, waive, and discharge MME from any and all liability, claims, demands, actions and causes of action arising out of or related to any loss, damage, or injury, including death, that may be sustained by CUSTOMER, or any of the property belonging to CUSTOMER, while participating in such activity, or while in, on or upon the premises where the activity is being conducted.

C. CUSTOMER is fully aware of the risk connected with SHOW and voluntarily assumes full responsibility for any risk of loss or damage of property or personal injury that may be sustained by CUSTOMER or any persons attending SHOW, as a result of being engaged in such activity.

D. It is CUSTOMER’s express intent that this Waiver of Liability and Hold Harmless Agreement shall bind the members of CUSTOMER’s family and spouse, and CUSTOMER’s heirs, assigns and personal representative, and shall be deemed as a release, waiver, discharge and covenant not to sue MME.

SECTION II – Deposit and Payment

A. CUSTOMER will pay a nonrefundable deposit of $100 to hold SHOW date(s) and time(s). Nothing is guaranteed until a deposit is received by MME and an invoice is issued to CUSTOMER.

B. The method of payment for “online contract” must be done by credit or debit card by use of PayPal.com only for the deposit. “Traditional Contract Option” deposits can be made by check, cash or credit card and MME will issue an invoice confirming recite of deposit.

C. Remaining balance for services performed can be paid by cash, check or credit card.
- I. All check payments must be made 7 days prior to the SHOW date. Checks are to be mailed to 210 Marble Avenue Suite #3 Pleasantville NY 10570. Checks should be made payable to MAGICAL MEMORIES ENTERTAINMENT.
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II. Credit card payments must be made 3 days prior to the SHOW date. Any remaining balances paid by credit card are subject to a 3% convenience fee.
- III. All balances due on the SHOW date must be paid in cash, money order or cashier’s check to the performer before services are rendered.
- IV. Gratuities are not included in the SHOW fee. Recommended gratuity is $25 - $100 per performer.

D. Overtime availability is not guaranteed but if requested and available will be billed at prorated hourly rate specified in SECTION VI unless otherwise discussed prior to beginning overtime. Payment is due immediately after the conclusion of the overtime.

E. Failure to pay remaining balance within the time prescribed above will result in late charges assessed at 25 dollars monthly plus an annual interest rate of 20 percent compounded monthly.

SECTION III – Termination and Liability

A. In the event of a change in date, time or service, revisions may be made with written request by CUSTOMER. All revisions are subject to acceptance or rejection by MME. No revisions are final until an updated invoice is sent by MME to CUSTOMER reflecting changes.

B. CANCELLATION. MME reserves the right to cancel this CONTRACT without obligation upon notice to CUSTOMER thirty (30) days in advance of the SHOW date. In the event of MME’s cancellation, the deposit payment shall be returned promptly. If CUSTOMER cancels the performance less than thirty (30) days before the performance, CUSTOMER will pay MME 50% of the guaranteed fee for the performance. If CUSTOMER cancels less than forty-eight hours prior to SHOW date the full contracted amount will become due and payable within seven (7) days. The parties agree that such payments are reasonable in light of anticipated or actual harm caused by the cancellation and the difficulties of proving the actual damages to the Artist. CUSTOMER agrees that the refund will be the full extent of damages he/she is entitled to and no further damages may be sought. 

C. FORCE MAJEURE. Neither MME nor CUSTOMER shall be liable for failure to appear or perform its obligations under this agreement in the event that such failure is caused by or due to the acts or regulations of public authorities, labor difficulties, civil tumult, inclement weather, strike, epidemic, interruption or delay of transportation service, or any other legitimate cause beyond the control of MME and CUSTOMER.

D. SICKNESS AND ACCIDENTS. MME’s agreement to perform is subject to proven detention by sickness or accident. In the unlikely event that MME’s contract performer is unable to appear, MME will make every effort to find a qualified substitute. In the event that a replacement cannot be found, MME will make a full refund of any deposit paid. CUSTOMER agrees that the refund will be the full extent of damages he or she is entitled to and no further damages may be sought against MME.

E. MME is to perform in a safe, non-abusive environment. Any mistreatment or abuse of the MME staff or equipment in any way will result in the immediate termination of services with fun balance still due. MME will provide the right to cure to CUSTOMER prior to termination. CUSTOMER is liable for any damage incurred due to abuse, excluding normal wear and tear, to equipment provided during SHOW, including a one hour set-up and pack-up time period before and after SHOW, unless damage is due to negligence of MME.

F. In the event that MME is delayed and the event does not start on time MME will perform the full contract amount of time. The CUSTOMER agrees that the longer run time will be the full extent of damages he or she is entitled to and no further damages may be sought against MME.

G. In the event of equipment malfunction CUSTOMER recognizes MME will, on a best effort basis, find suitable back-up equipment. If time is lost due to equipment failure MME will perform the full contract time or provide a prorated refund for time lost. The CUSTOMER agrees that the longer run time or prorated refund will be the full extent of damages he or she is entitled to and no further damages may be sought against MME.

H. MME is not responsible for loss of power and will not make up for service time lost due to power outages.

SECTION IV – Show Prep and Setup

A. CUSTOMER agrees to provide MME with:
- I. A secure and stable 4-foot table (including a tablecloth, if available) and chair for DJs, Photo Stations, Shows and Stationary Artists and Performers.
- II. At least one dedicate 20-amp AC outlet within 6 feet of SHOW space for services requiring electricity which includes but is not limited to DJs, Photo Stations, Air Brush, Inflatables and Live Shows. MME reserves the right to discontinue all or part of equipment usage if the power provided creates risk of damage to the equipment.
- III. A secure surface to setup on which cannot be dirt, sand, gravel or any other unstable surface.
- IV. A facility that completely covers MME's equipment from direct sunlight and rain. If not available MME can provide cover for an additional charge.
- V. If service must be discontinued for any of the aforementioned reasons, the full balance is still due.

B. Load-In requirements:
- I. Equipment over 40 lbs cannot be carried up or down ANY stairs, carried up or down steep inclines or carried across unstable surfaces unless agreed to in writing seven (7) day prior to SHOW date.
- II. Equipment can fit through a standard door way (34 inches) excluding inflatables.
- III. MME reserves the right to change, modify or fully abort services due to load in conditions. If service must be discontinued for any of the aforementioned reasons, the full balance is still due.

C. Planning Forms: All planning forms and related planning material including request lists, logos, montages and planners must be received by MME no less then fourteen (14) days prior to SHOW date. MME cannot guarantee any changes made to planning material made within fourteen (14) days of SHOW date. MME will make best effort to find specific song requests or play clean edited music but MME is not liable for any song requests that are not played or wrong version is played.  

SECTION V – Media

A. Standard turnaround time for unedited media is 2-5 weeks to be delivered via digital download or picked up in office at 210 Marble Ave. Suite #3 Pleasantville NY 10570. This is an estimated turnaround time so MME is not liable for any delays. MME

B. MME is not responsible for any lost, stolen or damaged media once media is received. CUSTOMER recognizes MME does not maintain backup copies of any media. If duplicate media is available additional charges may apply.

C. MME is not responsible for any media left unclaimed beyond a one year period.

D. Due to the unique nature of digital media MME is not responsible in the event of partial or complete loss of digital files. In event of loss, MME will make best effort to recover digital files or digitize physical media. CUSTOMER understands this that delivery of "hard copies" during SHOW constitutes completion of services and no further damages may be sought. If “hard copies” are not provided during SHOW, MME will make a full refund of related contacted amount. CUSTOMER agrees that the refund will be the full extent of damages he/she is entitled to and no further damages may be sought.

E. MME reserves the right to use images taken during, before and after SHOW for MME promotional purposes.

SECTION VI – SHOW SPECIFICS

This is the official record of the information about CUSTOMER'S event. Fill in all information fully. MME is not liable for to any mistakes or misunderstandings due to incorrectly entered or lack of information provided. MME reserves the right to change the information provided by CUSTOMER to correct any mistakes or misunderstandings. MME will send a final invoice via email to the address provided which wills serve as the official record of services. If anything changes in the future please contact MME and MME will make the necessary corrections and issue an updated invoice. 

Booking Sheet

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Please Use Numbers ONLY. Do not include any symbols or words. (NO "$" PLEASE)
Hold Control While Selecting To Choose Multiple Types Of Entertainment

We Provide:
- The Dunk Tank
- Setup and Break Down
- 3 Soft Balls (Any Lost Balls Will Be Assessed A $5 Replacement Fee)

You Must Provide:
- Water Source With Hose
- Location For Tank Where Tank Can Also Be Emptied
- Dunkee

“DUNK TANK” SAFETY RULES

  1. NO Dunking without adult supervision
  2. NO Climbing on the dunk tank other than to get in or out of tank
  3. NO Diving or jumping into the dunk tank
  4. NO Glass, soda bottles, cans, eye glasses or sharp objects of any kind in tank
  5. NO Food, drink or gum of any kind is allowed inside the dunk tank
  6. NO More than one person allowed in the dunk tank at any time
  7. NO Hitting target with hand, only the ball can be used
  8. NO Participants over 225 LBS
  9. ALL Participants must be able to swim
  10. ALL Participants must be tall enough to stand with head above water level
  11. ALL Participants must sit on "X" to maximize dunk-ability
  12. ALL Participants must keep hands and feet off the edges of tank to prevent injury

BY SUBMITTING THIS CONTRACT, I ACKNOWLEDGE AND REPRESENT THAT I have read the foregoing document, understand it and want to move forward in verifying the booking of MME. I do this voluntarily as my own free act and deed; no oral representations, statements, or inducements, apart from the foregoing written agreement, have been made; I am at least eighteen (18) years of age and fully competent; and I execute this Release for full, adequate and complete consideration fully intending to be bound by same.

MME reserves the right to change the information provided to correct any mistakes or misunderstandings. MME will send a final invoice via email to the address provided which wills serve as the official record of services. If MME has to change any information CUSTOMER provided it will be outlined on the final invoice and CUSTOMER will have the right to terminate services without penalty within 5 days of the date the final invoice was issued.

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