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Magical Memories Entertainment Contract For Services

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

This is the official record of the information about your event. Please fill in all the required information below to
the best of your ability. If anything changes in the future please contact us and we will make the necessary
corrections. MME reserves the right to change the information you submit to correct any mistakes or
misunderstandings. MME will email you an up dated form if any changes are made.

Where Did You Find MME:
First Name: *
Last Name: *
Mailing Address: *
City: *
Zip Code: *	(5 digits)
State: *
Main Phone: *
Alternate Phone: *
Email: *
Event Date: *
Event Type: *
Entertainment Start Time: *
Length Of Entertainment: *
Type Of Entertainment: *
Price: *
Name of Location: *
Event Address: *
Birthday Child or Special Guest:
Number Of Guests (Adults):
Number Of Guests (Children):
Age Range Of Guests: *
Addtional Notes:

SECTION V – DJ Services (Please Disregard If Not Applicable)

A. CUSTOMER will provide MME with a secure and stable 4-foot table (including a tablecloth, if available) and at least one 20-amp AC outlet within 6 feet of the table. MME reserves the right to discontinue all or part of equipment usage if the power provided creates risk of damage to the equipment. The surface on which MME is to play cannot be dirt, gravel, or any other unstable surface. The customer agrees to furnish a facility that completely covers MME's equipment from direct sunlight and rain. If service must be discontinued for any of the aforementioned reasons, the full balance is still due.

B. The customer will be responsible for any damage, excluding normal wear and tear, to equipment (sound/lighting equipment and/or music library) provided during the above time period, including a one hour set-up and pack-up time period before and after the specific time period stated above, unless damage is due to negligence of MME.

C. MME is not responsible for power outages, nor is the MME responsible for any equipment that fails at the event. CUSTOMER recognizes that MME keeps back up equipment on site and will, on a best effort basis, find suitable back-up equipment.

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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.

A Credit Card or Debit Card is required to verify to identity of the Customer. Please have make sure the Credit Card or Debit Card you will be using to pay the deposit and enter into this agreement has the same name as listed above. If not this contract will be null in void.

Upon completion of the verification page a copy of this agreement will be email to you for your records.

You may also print out a copy prior to submitting the form.