Terms and Conditions
TERM
The Agreement shall be effective upon receipt by Sparkle of any deposit and/or signed copy of this Agreement. This Agreement shall remain in effect through the completion of the services.
VENUE CONDITIONS
Client agrees to provide Sparkle a safe and appropriate working environment and adult supervision of minors. Client further agrees that if Client or Client's guests damage, abuse, or remove Sparkle's property during or from Event, Client will repair or replace the property.
LIMITATION OF LIABILITY
Client acknowledges that there are risks and dangers inherent with the contracted-for entertainment, and with the props and products necessary for that entertainment. Client assumes the liability for all such risks and agrees to indemnify, defend and hold harmless Sparkle and all Sparkle artists from and against any and all accidents, claims, judgments, costs or liability for damage, injury to any person or property during the Event, including time of set up and take down, by guests or staff. Liability of Sparkle shall not exceed the total value of this Agreement.
FORCE MAJEURE/SUBSTITUTION
Neither Sparkle nor Client will incur liability to each other for failing to perform any obligation under this Agreement if such failure results from a force majeure or any force beyond their reasonable control. In the event of incapacitating illness, injury, or emergency to the agreed upon Sparkle Entertainer/Artist, Sparkle shall substitute an Entertainer/Artist of equal or greater skill at no additional cost to Client. If no replacement can be found, Sparkle and Client will be discharged of all obligations under this Agreement and all deposits returned.
Sparkle ARTISTS/ENTERTAINERS
Client agrees to contact and/or book Sparkle Entertainers/Artists exclusively through Sparkle. Sparkle warrants that its Entertainers/Artists will perform all services in a professional manner consistent with the standards of their industries.
GENERAL
This Agreement shall be governed by, venued in, and construed in accordance with the laws of the State of TX. This Agreement constitutes the entire agreement between the Sparkle and Client and supersedes any prior written or oral communications. If any portion of this Agreement is deemed invalid, the remainder of the Agreement will remain in full force and effect. However, Client may authorize overtime and additional fees and expenses orally at or before the Event.
EMPLOYMENT AND ADDITIONAL SERVICES
Client agrees that Sparkle entertainers/artists are independent contractors and not an employees of Client. Overtime will be billed at the same hourly rate listed in the agreement above. If no rate can be determined from the fee, overtime will be billed at $175.00 per hour.
CANCELLATION POLICY
Payments are nonrefundable. If Client cancels forty-eight hours or less prior to Event, or if Entertainment Services are rendered impossible by Client or Venue Conditions, Client must pay Sparkle the full amount due.