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Magical
Memories Entertainment ~ 635 Warren Ave. Thornwood, NY 10594 ~ Phone:
914-548-2048 ~ Fax: 914-769-8031
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 IV (CUSTOMER). MME will perform
professional services for CUSTOMER as described in SECTION IV (SHOW).
SECTION I – WAIVER OF LIABILITY AND HOLD HARMLESS AGREEMENT
A.
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, whether caused by the negligence of MME, or
otherwise, while participating in such activity, or while in, on or upon the
premises where the activity is being conducted.
B.
CUSTOMER is fully
aware of the unusual risk connected with this activity. CUSTOMER voluntarily
assumes full responsibility for any risks of loss property damage or personal
injury, any loss or damage of property that may be sustained by CUSTOMER or any
persons attending SHOW, as a result of being engaged in such activity, whether
caused by the negligence of MME, or otherwise.
C.
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 – PAYMENT
A.
CUSTOMER will pay MME
a deposit (Specified in SECTION IV) to hold the date(s) of the SHOW (No date is
guaranteed until a signed contract and the deposit are received).
B.
The method of
payment for this CONTRACT may be by cash, check or credit card (by use of
PayPal.com only) for the deposit. Any check should be made payable to STEVEN
BURCHARD, SIMPLY STEVEN MAGIC or Magical Memories Entertainment.
C.
Remaining balance
for services performed will be paid in CASH to the performer before services
are performed. Although not required, CUSTOMER approved gratuities are
recommended.
D.
Overtime charges will
be billed at the hourly rate specified in SECTION IV. Payment is due immediately
after the conclusion of the overtime.
SECTION III – TERMINATION
A.
In the event of a
change in date, time or service, revisions may be made with written request by
the CUSTOMER. All revisions are subject to acceptance or rejection by MME.
B.
MME is not
responsible for delays or cancellations caused by acts of nature or negligence.
If such cancellations occur, a full refund will be awarded.
C.
The CUSTOMER, at
its sole discretion, may terminate this CONTRACT for convenience or abandon any
portion of the SHOW for which services have not been performed by MME, upon
sixty (60) days written notice delivered to MME by certified mail at 635 Warren
Ave. Thornwood, NY 10594. In such instance, the CUSTOMER will forfeit the
deposit. CUSTOMER will be liable for the full contracted payment for any
cancellations within 60 days before the SHOW. CUSTOMER shall make final payment
within seven (7) days after MME has received notification of cancellation.
D.
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 discontinue of services
with fun balance still due.
E.
Notice of
cancellation by MME shall be in writing and delivered to the customer before 14
calendar days prior to the above event, in which case a full refund, if any
due, will be given. This is subject to proven detention by sickness, accidents,
equipment malfunction, or acts of nature beyond the control of MME. In the
unlikely event that MME’s contract performer is unable to appear, MME will make
every effort to find a qualified substitute replacement. In the unlikely event
that a replacement cannot be found, MME will make a full refund of any deposit
paid by the customer. The 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 the MME. In the unlikely event that the MME is delayed and the event
does not start on time, or time is lost during the event due to equipment
malfunction, the MME will still perform the full contract amount. The customer
agrees that the longer play time of the MME will be the full extent of damages he
or she is entitled to and no further damages may be sought against the MME.
SECTION IV – SHOW SPECIFICS
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