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. The CUSTOMER voluntarily assumes full responsibility for any risks or loss of property damage or personal injury, including death, that may be sustained by the CUSTOMER and their guests, or any loss or damage to property owned by the CUSTOMER or their guests, as a result of participating in the Show. The CUSTOMER further agrees to indemnify and hold harmless Magical Memories Entertainment (MME) from any loss, liability, damage, or costs, including court and attorney fees, that may be incurred due to their participation in the Show, whether caused by negligence or otherwise. It is the CUSTOMER's express intent that this Release and Hold Harmless Agreement shall bind their family members, spouse (if alive), heirs, assigns, and personal representatives (if deceased), and shall be deemed as a release, waiver, discharge, and covenant not to sue MME.
2. The CUSTOMER hereby releases, waives, discharges, and covenants not to sue MME, its officers, employees, vendors or contractors from any and all liability claims, demands, actions, and causes of action whatsoever arising out of or related to any losses, damage, or injury, including death, that may be sustained by the CUSTOMER or their guests, or to any property belonging to the CUSTOMER or their guests, whether caused by the negligence of the releases or otherwise, while participating in the Show or while traveling to or from, in, on, or upon the premises where the Show is being conducted.
3. The CUSTOMER acknowledges that all participants engaging in the Show have the prerequisite skills, qualifications, preparations, and training to participate in the activity in a safe and competent manner. The CUSTOMER agrees to abide by the rules and regulations of MME and acknowledges that MME has relied upon this representation in allowing them to participate in the activity. CUSTOMER agrees that any questions the CUSTOMER had concerning participation in this activity have been fully answered.
4. The CUSTOMER recognizes that Show conditions constitute a higher risk of contracting COVID-19 and similar illnesses. With full awareness and appreciation of the risks involved, the CUSTOMER, on behalf of themselves, their family, spouse, estate, heirs, executors, administrators, assigns, and personal representatives, forever releases, waives, discharges, and covenants 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 to any loss, damage, or injury, including death, that may be sustained by the CUSTOMER related to COVID-19, whether caused by the negligence of MME or otherwise, while participating in the Show and/or while using facilities, equipment, or materials associated with the Show.
5. The CUSTOMER is fully aware of the risks connected with the Show and voluntarily assumes full responsibility for any injury, risk of loss, or damage to property that may be sustained by them or any persons attending the Show as a result of being engaged in such activity.
6. The CUSTOMER agrees to promptly bring any discrepancies or dissatisfaction regarding the Show or Magical Memories Entertainment (MME) to the attention of MME. The CUSTOMER acknowledges that MME should be given the opportunity to address and resolve any concerns or issues, including the option to provide a refund or remedy the situation. The CUSTOMER agrees that any refund or resolution mutually agreed upon by MME and the CUSTOMER shall be considered the full extent of damages the CUSTOMER is entitled to, and as such, the CUSTOMER agrees to refrain from leaving negative or poor reviews about MME.

 Upon booking, CUSTOMER acknowledges and agrees to the following deposit and payment terms in order to secure SHOW date(s) and time(s):

1. Deposit: CUSTOMER shall submit a nonrefundable deposit of $100 upon booking.
2. Initial Payment: Within 30 days of booking, CUSTOMER shall make a payment of 20% of the remaining invoice balance to hold the SHOW date(s) and time(s). Please note that the SHOW is not guaranteed until the deposit is received by MME and an invoice is issued to CUSTOMER, unless otherwise agreed to in writing by MME and listed on the final invoice.
3. Updates and Corrections: MME reserves the right to update, correct, or adjust the details provided in "SECTION VI – SHOW SPECIFICS" and the "Magical Memories Entertainment Booking Sheet." In the event of any modifications, MME agrees to send the corrections via email to the address provided in "SECTION VI – SHOW SPECIFICS" and the "Magical Memories Entertainment Booking Sheet," which will serve as the official record of services. CUSTOMER has the right to terminate services without penalty within 48 hours of the invoice being issued if MME modifies the details provided.
4. Agreement through Payments: CUSTOMER acknowledges that making payments to MME signifies their agreement to the terms and conditions outlined within this agreement.
5. Remaining Balance: The remaining balance for SHOW services must be paid no later than 14 days prior to the SHOW date, unless otherwise agreed to in writing before the payment due date.
6. Payment Methods:
   • Cash Payments: All cash payments are to be delivered in person to 210 Marble Avenue Suite #3 Pleasantville NY 10570.
   • Check Payments: All checks should be made payable to MAGICAL MEMORIES ENTERTAINMENT and mailed to the address listed above.
   • Digital Payments: Digital payments, including credit cards, Venmo, and Zelle payments, are subject to a 4% convenience fee.

1. Short-Notice Bookings: For all events booked less than 14 days before the SHOW date, the full SHOW balance is due upon booking.
2. Overtime and Payment: CUSTOMER understands that overtime availability is not guaranteed. If CUSTOMER requests overtime and it is available, it will be billed at a prorated hourly rate specified on the final invoice, multiplied by 1.5x, unless otherwise discussed prior to the overtime beginning. Payment for overtime is due immediately after its conclusion.
3. Refunds: Payments made by CUSTOMER are nonrefundable unless the SHOW is canceled by MME for reasons not outlined within this agreement. In such cases, MME agrees to provide a full refund of all payments made for services not rendered.
4. Late Payments: Failure to pay any unpaid balances within the specified timeframes or as agreed to in writing prior to the payment due date will result in the assessment of late charges. Late charges will be $25 per month, with an annual interest rate of 20% compounded monthly.
5. Change Fees: In the event of a change in date, time, location, or service, MME reserves the right to charge a "change fee" of up to 20% of the total event fee.

1. In the event that there is a need to change the location, date, time, or service, the CUSTOMER may request revisions in writing. However, all revisions are subject to acceptance or rejection by MME. The revisions will only be considered final once an updated invoice reflecting the changes is sent to the CUSTOMER by MME. Please note that MME reserves the right to charge a change fee of up to 20% for approved revisions.
2. The CUSTOMER has the right to terminate this contract at any time by providing written notice to MME. If the cancellation occurs less than 30 days before the scheduled SHOW date, the CUSTOMER agrees to pay a cancellation fee of 20%. Both parties acknowledge that such payments are reasonable considering the anticipated or actual harm caused by the cancellation and the difficulties in proving the actual damages to MME and their entertainers. The CUSTOMER also agrees that any amounts paid are non-refundable.
3. MME retains the right to cancel the contract without obligation by providing notice to the CUSTOMER. If such cancellation occurs, any payments made for services that were not completed will be refunded within 30 days of the cancellation date. The CUSTOMER agrees that the refund will be the full extent of damages they are entitled to, and they will not seek any further damages.
4. Neither MME nor the CUSTOMER shall be held liable for the failure to appear or perform obligations under this agreement if the failure is caused by acts or regulations of public authorities, labor difficulties, civil tumult, inclement weather, strikes, transportation service interruption or delay, or any other legitimate cause beyond their control. 
5. The CUSTOMER acknowledges that the risk of COVID-19 and similar illnesses is inherent when planning a SHOW and that it does not constitute a force majeure event. The CUSTOMER also certifies that, to the best of their knowledge, neither they nor their guests have any COVID-19-related symptoms. If any symptoms arise, the CUSTOMER agrees to immediately notify MME staff, and the SHOW will be terminated if necessary. Failure to comply will result in the immediate termination of services, with the remaining balance still due. MME will provide the CUSTOMER with an opportunity to rectify the situation before termination.
6. MME's agreement to perform is subject to proven detention due to sickness or accident. In the unlikely event that MME's contracted performer is unable to appear, MME will make every effort to find a qualified substitute. If a replacement cannot be found, MME will provide a full refund of any deposit paid. The CUSTOMER agrees that the refund will be the full extent of damages they are entitled to, and they will not seek any further damages against MME.
7. MME is committed to performing in a safe and non-abusive environment. Any mistreatment or abuse of MME staff or equipment, in any way, will result in the immediate termination of services, with the remaining balance still due. MME will provide the CUSTOMER with an opportunity to rectify the situation before termination. The CUSTOMER will be held liable for any damages caused by abuse, excluding normal wear and tear, to equipment provided during the SHOW, including the one-hour set-up and pack-up time period before and after the SHOW, unless the damage is due to the negligence of MME.
8. The CUSTOMER is obligated to adhere to all applicable City, State, and Federal policies and regulations, which encompass the SHOW venue's policies, guidelines, signage, and instructions. Any breach of these policies and rules will result in the immediate termination of services, with the remaining balance remaining due. Prior to termination, MME will provide the CUSTOMER with an opportunity to rectify the situation.
9. If MME is delayed and the event does not start on time, MME will perform for the full contracted amount of time. The CUSTOMER agrees that the extended run time will be the full extent of damages they are entitled to, and they will not seek any further damages against MME.
10. In the event of equipment malfunction, MME will make its best effort to find suitable backup equipment. If time is lost due to equipment failure, MME will either perform for the full contracted time or provide a prorated refund for the lost time. The CUSTOMER agrees that the extended run time or prorated refund will be the full extent of damages they are entitled to, and they will not seek any further damages against MME.
11. MME is not responsible for any loss of power, and no additional service time will be provided to compensate for time lost due to power outages.

1. Customer Responsibilities:
   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.
   2. Customer must ensure the availability of at least one dedicated 20-amp AC outlet within 6 feet of the show space for services requiring electricity, including but not limited to DJs, Photo Stations, Air Brush, Inflatables, and Live Shows. MME reserves the right to discontinue equipment usage if the provided power poses a risk of damage.
   3. A secure surface, free from dirt, sand, gravel, or any other unstable material, must be provided for MME's setup.
   4. MME's equipment must be placed in a facility that provides complete coverage from direct sunlight and rain. If such a facility is unavailable, MME may offer a solution at an additional charge.
   5. If service must be discontinued due to any of the aforementioned reasons, the full balance is still due.
2. Equipment Handling:
   1. Equipment weighing over 50 lbs cannot be transported up or down stairs, steep inclines, or across unstable surfaces unless agreed upon in writing at least fourteen (14) days before the show date.
   2. Most equipment can fit through a standard doorway (34 inches), except for inflatables, large circus, and magic equipment. MME is not liable if any equipment does not fit through a standard doorway.
   3. MME reserves the right to change, modify, or fully abort services based on load-in conditions. If service must be discontinued due to any of the aforementioned reasons, the full balance is still due.
3. Planning and Music Requests:
   1. All planning forms and related materials, including request lists, logos, montages, and planners, must be submitted to MME no later than thirty (30) days prior to the show date.
   2. MME cannot guarantee any changes made to planning material within thirty (30) days of the show date.
   3. MME will make its best effort to accommodate specific song requests or play clean edited music, but MME is not liable for unplayed song requests or the use of incorrect versions.

1. The standard turnaround time for unedited media in digital download format provided by MME is 30 - 90 days. It is understood by the CUSTOMER that MME is not liable for any delays in this process.
2. MME holds no responsibility for any lost, stolen, or damaged media once it is received by the CUSTOMER. It is acknowledged by the CUSTOMER that MME does not maintain backup copies of any media. Additional charges may apply if duplicate media is requested by the CUSTOMER and available.
3. The CUSTOMER agrees to download and retain a digital copy of all media immediately upon delivery, and MME bears no responsibility for any media after it has been delivered.
4. The unique nature of digital media means that MME is not responsible in the event of partial or complete loss of digital files. However, in case of media loss, MME will make its best effort to recover digital files or digitize physical media. It is understood by the CUSTOMER that the delivery of "hard copies" during the SHOW signifies the completion of services, and no further damages may be sought. If "hard copies" are not provided during the SHOW, MME will issue a full refund of the contracted amount. The refund provided will be the full extent of damages that the CUSTOMER is entitled to, and no further damages may be sought.
5. The CUSTOMER grants MME permission to use images captured during, before, and after the SHOW for promotional purposes. It is agreed that due to the nature of the SHOW, guests of the CUSTOMER do not have a reasonable expectation of privacy. Therefore, the CUSTOMER waives any right to inspect or approve the finished photographs or electronic material that may be used in conjunction with them, whether known or unknown to the CUSTOMER. Furthermore, the CUSTOMER waives any right to royalties or other compensation arising from or related to the use of the images.

Please complete the details for the show using the link provided below. Ensure that all information is entered accurately and completely. Kindly note that MME cannot be held responsible for any errors or misunderstandings resulting from incorrect or incomplete information provided by the CUSTOMER. MME reserves the right to make amendments to the CUSTOMER-provided information to rectify any mistakes or misunderstandings. The final invoice, sent to the email address provided, will serve as the official record of services. CUSTOMER has the right to terminate services without penalty within 48 hours of the invoice being issued if MME modifies the details provided.

If there are any changes in the future, please inform MME, and we will make the necessary adjustments and provide an updated invoice. In the event of a change in date, time, location, or service, MME reserves the right to charge a "change fee" of up to 20% of the total event fee.