MAGICAL MEMORIES ENTERTAINMENT CONTRACT FOR SERVICES

MAGICAL MEMORIES ENTERTAINMENT CONTRACT FOR SERVICES Please be advised a Credit Card or Debit Card matching the name of listed in the event details is required to complete this booking. If not this contract will be null in void.

CONTRACT is entered into between Magical Memories Entertainment (MME), and ­­­­CUSTOMER named in SECTION VI (CUSTOMER) effective as of the date deposit is paid and final invoice is sent. MME will perform professional services for CUSTOMER as described in SECTION VI (SHOW).

1. CUSTOMER VOLUNTARILY ASSUME FULL RESPONSIBILTY FOR ANY RISKS OR LOSS OF PROPERTY DAMAGE OR PERSONAL INJURY, INCLUDING DEATH, that may be sustained by CUSTOMER and CUSTOMER guests, or any loss or damage to property owned by CUSTOMER or CUSTOMER guests, as a result of being engaged in SHOW. I further hereby AGREE TO INDEMNIFY AND HOLD HARMLESS MME from any loss, liability, damage, or costs, including court and attorney fees, that may incur due to my participation in SHOW, WHETHER CAUSED BY NEGLIGENCE or otherwise. It is CUSTOMER’S express intent that this Release and Hold Harmless Agreement shall bind the members of CUSTOMER’S family and spouse if CUSTOMER is alive and CUSTOMER’S heirs, assigns, and personal representative, if CUSTOMER is deceased, and shall be deemed as a RELEASE, WAIVER, DISCHARGE AND CONVENTANT NOT TO SUE MME.
2. CUSTOMER hereby RELEASE, WAIVE, DISCHARGE, and COVENANT NOT TO SUE MME, officers, or employees from any and all liability claims, demands, actions and causes of action whatsoever arising out of or related to any loses, damage, or injury including death that may be sustained by CUSTOMER or CUSTOMER guests, or to any property belonging to CUSTOMER or CUSTOMER guests, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASES, or otherwise, while participating in SHOW, or while traveling to or from, in on, or upon the premises where the SHOW is being conducted.
3. CUSTOMER agrees to all participants engaging in SHOW have the prerequisite skills qualifications, preparations, and training to participate in the activity in a safe and competent manner; and, CUSTOMER acknowledge that MME has relied upon this representation in allowing CUSTOMER to participate in this activity. CUSTOMER agree to participate and abide by the rules and regulations of MME. Any questions that CUSTOMER had concerning participation in this activity have been fully answered.
4. CUSTOMER recognizes that SHOW conditions constitute a higher risk of contracting COVID-19 and like illness. With full awareness and appreciation of the risks involved, CUSTOMER, for myself and on behalf of my family, spouse, estate, heirs, executors, administrators, assigns, and personal representatives, hereby forever release, waive, discharge, and covenant not to sue MME from any and all liability, claims, demands, actions, and causes of action whatsoever, directly or indirectly arising out of or related any loss, damage, or injury, including death, that may be sustained by CUSTOMER related to COVID-19 whether caused by the negligence of MME, or otherwise, while participating in SHOW and/or while using facilities, equipment, or materials associated with SHOW. 
5. CUSTOMER is fully aware of the risk connected with SHOW and voluntarily assumes full responsibility for any injury, risk of loss or damage of property that may be sustained by CUSTOMER or any persons attending SHOW and as a result of being engaged in such activity.  

1. CUSTOMER agrees to pay a $100 nonrefundable deposit to hold SHOW date(s) and time(s). SHOW is not guaranteed until deposit is received by MME and an invoice is issued to CUSTOMER unless otherwise agreed to in writing by MME and listed on final invoice.  
2. CUSTOMER agrees that MME reserves the right to update, correct or adjust details provided in "SECTION VI – SHOW SPECIFICS" and "Magical Memories Entertainment Booking Sheet". MME agrees to send any corrections via email to the address provided in "SECTION VI – SHOW SPECIFICS" and "Magical Memories Entertainment Booking Sheet" which wills serve as the official record of services. In the event MME modifies details provided in "SECTION VI – SHOW SPECIFICS" and "Magical Memories Entertainment Booking Sheet", CUSTOMER has the right to terminate services without penalty within 48 hours of invoice being issued.  
3. CUSTOMER agrees to make a payment of 20% of the remaining invoice balance within 30 days of booking. 
4. CUSTOMER understands making payments to MME enters CUSTOMER into the this agreement and agrees to the terms and conditions outlined within. 
5. CUSTOMER agrees remaining balance for SHOW services must be paid no less than 14 days prior to SHOW date unless otherwise agreed to, in writing, prior to payment due date.  A. All cash payments are to be delivered in person to 210 Marble Avenue Suite #3 Pleasantville NY 10570; B. All checks should be made payable to MAGICAL MEMORIES ENTERTAINMENT and mailed to address listed above; and C. All digital payments including credit cards, Venmo and Zelle payments are subject to a 4% convenience fee.
6. CUSTOMER agrees full SHOW balance is due upon booking for all events booked less than 14 days before SHOW date. 
7. CUSTOMER understands overtime availability is not guaranteed. If CUSTOMER requests overtime and it is available, it will be billed at 1.5x prorated hourly rate specified on final invoice, unless otherwise discussed prior to overtime beginning. CUSTOMER agrees overtime payment is due immediately after the conclusion of the overtime. 
8. CUSTOMER understands payments are nonrefundable unless SHOW is canceled by MME for any reasons not outlined within this agreement, in which case, MME agrees to provide a full refund of all payments made for services non rendered.
9. Unless agreed to in wring and listed on final invoice prior to 14 days before SHOW date CUSTOMER agrees failure to pay remaining balance 14 days prior to SHOW will constitute CANCELATION of SHOW and forfeiture of any payments made. 
10. CUSTOMER understands failure to pay any unpaid balances within the time prescribed above or agreed to in writing prior to payment due date will result in late charges assessed at 25 dollars monthly plus an annual interest rate of 20 percent compounded monthly.   

1. 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. MME reserves the right to charge up to a 20% change fee. 
2. CUSTOMER may terminate this contract at any time, upon presentation of written notice given to MME. CUSTOMER agrees to pay a 20% cancelation fee for cancelations less than 30 days before SHOW date. Both 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 any amounts paid are non refundable. 
3. MME reserves the right to cancel CONTRACT without obligation upon notice to CUSTOMER. In the event MME cancels, all payments made for non completed services shall be returned within 30 days of cancelation date. CUSTOMER agrees that the refund will be the full extent of damages CUSTOMER is entitled to and no further damages may be sought.
4. 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, interruption or delay of transportation service, or any other legitimate cause beyond the control of MME and CUSTOMER.  
5. CUSTOMER agrees COVID 19 and like illness is an understood risk while planning SHOW and does not constitute force majeure.
6. 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 CUSTOMER is entitled to and no further damages may be sought against MME.  
7. 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.  
8. CUSTOMER agrees to comply with all City, State and Federal policies and rules, including but not limited to all SHOW venue policies, guidelines, signage, and instructions. CUSTOMER accepts and certifies that to CUSTOMER’S best knowledge, CUSTOMER and CUSTOMER’S guests do not have any COVID-19-related symptoms, and if so, CUSTOMER will immediately notify MME staff.  and SHOW will be terminated. Failure to do so 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. 
9. 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. 
10. 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.  
11. MME is not responsible for loss of power and will not make up for service time lost due to power outages.

1. CUSTOMER agrees to provide MME with: A. secure and stable 4-foot table (including a tablecloth, if available) and chair for DJs, Photo Stations, Shows and Stationary Artists and Performers; B. 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; C. A secure surface to setup on which cannot be dirt, sand, gravel or any other unstable surface; D. A facility that completely covers MME's equipment from direct sunlight and rain. If not available MME can provide cover for an additional charge; E. If service must be discontinued for any of the aforementioned reasons, the full balance is still due.  
2. CUSTOMER understands: A. 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 fourteen (14) days prior to SHOW date; B. Equipment can fit through a standard door way (34 inches) excluding inflatables; C. 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.
3. CUSTOMER understands: All planning forms and related planning material including request lists, logos, montages and planners must be received by MME no less then thirty (30) days prior to SHOW date. MME cannot guarantee any changes made to planning material made within thirty (30) 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.  

1. CUSTOMER understands MME's standard media turnaround time for unedited media is 5 weeks for digital download. CUSTOMER agrees MME is not liable for any delays.  
2. CUSTOMER agrees 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. CUSTOMER understands if duplicate media is available additional charges may apply.  
3. CUSTOMER agrees to download and retain a digital copy of all media provided by MME immediately upon delivery and MME is not responsible for any media after delivery is made. 
4. CUSTOMER understands due to the unique nature of digital media, MME is not responsible in the event of partial or complete loss of digital files. In the event of loss of media, 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 contracted amount. CUSTOMER agrees that the refund will be the full extent of damages CUSTOMER is entitled to and no further damages may be sought.  
5. CUSTOMER gives MME permission to use images taken during, before and after SHOW for MME promotional purposes. CUSTOMER agrees that due to the nature of SHOW, CUSTOMER guests do not have a reasonable expectation of privacy. CUSTOMER hereby waives any right to inspect or approve the finished photographs or electronic matter that may be used in conjunction with them now or in the future, whether that use is known to CUSTOMER or unknown, and CUSTOMER waives any right to royalties or other compensation arising from or related to the use of the image.  

Below is a link to finalize the details for SHOW. Please fill in all information fully and correctly. 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.