PARTY AND EVENT AGREEMENT
THIS PRINCESS PARTY/EVENT AGREEMENT (this "Agreement"), is made and entered into today by and between [named above] (hereinafter "Host"), having an address listed above and
Lovely Day Events, LLC, a Pennsylvania limited liability company, (hereinafter “Company"), having an address at 4472 William Penn Highway, Murrysville, PA 15668.
WHEREAS, Company provides entertainment, including, but not limited to princess character based performances and other event planning services for special events; and
WHEREAS, Host desires to retain the Company to perform entertainment services and Company desires to provide such services, upon the terms and conditions set forth in this Agreement.
NOW, THEREFORE, in consideration of the mutual promises herein contained and intending to be legally bound hereby, the parties hereto agree as follows:
Entertainment Services. (outlined above)
1.1 The Host agrees to and does hereby retain the Company to provide the princess package set forth and described on Exhibit ‘A’ hereto (the “Services”) at a special event taking place at location and time listed above.
1.2 The character(s) to perform at the Event are listed above.
1.3 In addition to the Services, the Host desires that Company provide the following additional activities/services (the “Upgrades”), at such additional cost as set forth below:
Included party activities:
-Meet&Greet- $155- 1 character for 30 min visit with no activities
-Dainty- $175- 1 character for 30 min visit- story or games, coronation, princess lesson, dance/singalong
-Splendid- $235- 1 character for 1 hour- story, coronation, games, princess lesson, dance/singalong
-Lovely- $295- 2 characters for 1 hour- story, coronation, games, princess lesson, dance/singalong
Add-On Options for In-Home Parties:
*Additional character(s)- $60/additional character (beyond 2 characters)
*Additional visit time-$60/character each extra hour
*Professional Facepainting-$200 per artist/hour
*Photographer & downloadable gallery- $150/hour
Packages vary between $350-$425- character packages include corontation, glitter tattoos, story. dance/sing along, games, and princess lesson
Deluxe upgrade- $125- 4 1 topping large pizzas, 3 dozen cupcakes, 3 dozen juice pouches, and 2 dozen waters
Extra time- $60 per character per extra hour
Extra Character: $60 per character per hour
Professional Photographer: $50 (includes all digital files and print release and photographer there for the full 2 hours)
Specialty character based craft: $75- take home craft based on your chosen character for 20 child guests
Tea Party: $50 - add real tea cups, saucers, and plates to your experience for 20 child guests and a tea party lesson with your character(s)
Candy Buffet: $75- various colored themed candies in glass containers and take home bags for guests
Personalized Invitations: $35- downloadable and printable invitations personalized for your child and chosen character(s)- example below but can be totally customizable!- (Have them printed and mailed to your guests for $50 total)
Company Rights and Duties
2.1 The Company may photograph and/or record the Services and Event. The Host hereby agrees and consents to such photography and recording and the use thereof by Company for advertisement and promotional purposes. The Host agrees to execute and deliver any consents and waivers related to photography and/or videography that may be provided by Company in advance of the Event.
2.2 If the Company feels that having the aid of assistants or the Services of other persons or companies is reasonably necessary to properly perform the duties and obligations required of the Company under this Contract, the Company may, from time to time, employ, engage or retain the same, and the cost and expense of such persons shall be allocated to Company and/or Host as mutually agreed by the parties.
2.3 Company shall use its best efforts to perform the Services in a professional manner utilizing reasonable care and skill.
2.4 Company shall pay and report all taxes related to performing the Services under this Agreement, including, without limitation, federal and state income tax, social security taxes, Medicare taxes, self-employment taxes, unemployment insurance and/or any other taxes that are assessed as a result of the Services provided or payments made pursuant to this Agreement.
2.5 Company warrants that all of the Services performed shall comply with all applicable federal, state or commonwealth and local laws, statutes, regulations, ordinances, codes, standards, permits and licenses.
Term and Termination.
3.1 This Agreement shall commence on the date and year first above written, and unless modified by mutual agreement of the parties or terminated earlier pursuant to the terms of this Agreement, shall continue until the performance of the Services, the duration of which are set forth on Exhibit ‘A’ as may be modified by Section 1.3, at the Event.
3.2 Notwithstanding the foregoing, the Company may terminate this contract at any time prior to the Event if the Host fails to pay the Consideration (as hereinafter defined) in accordance with Section 4.
3.3 This Agreement shall be null and void if there is smoking in the vicinity of the Company or if the party location or guests are deemed unsafe, inappropriate, or dangerous. Any and all damage to costumes or venue supplies/decor from smoke or other party activities by the Host and his/her guests at the Host location or at the Company's venue location will be compensated to the Company by the Host.
Fees, Expenses and Payment.
4.1 In consideration of the Services to be performed hereunder, Host shall pay Company the fee for Services (as set forth on Exhibit ‘A’), the cost of Upgrades (as set forth in Section 1.3) and any Travel Fees (hereinafter defined) (the “Consideration”), payable as set forth in Section 4.3 hereof.
4.2 There shall be no Travel Fee for any Event which is located twenty-five (25) miles or less from Murrysville, Pennsylvania. However, for those Events which are located over twenty-five miles from Murrysville, Pennsylvania, as determined by Google Maps, or similar driving directions generated by Company, the Host shall pay Company $15 for mileage totaling 51-75 miles roundtrip and $30 for mileage totaling 76-100 miles roundtrip (the “Travel Fee”). Any events farther than 100 miles roundtrip will have a travel fee of $1 per mile over 25 miles each way from Murrysville, pa.
4.3 In consideration of the Services to be performed by Company, a $50.00 non-refundable deposit shall be paid on the date of this Agreement (the “Deposit”). All Consideration and Travel Fees, if any, less the Deposit, shall be paid on or before seven (7) days prior to the Event.
4.4 If the Host terminates this Agreement, for any reason or for no reason, prior to the completion of the Services, there will be no cancellation fee of the remaining balance (the “Cancellation Fee”), but the retainer deposit will not be refunded. If the Host terminates this agreement for any reason or for no reason, after the balance is paid seven (7) days prior to the event, the balance is non-refundable, but can be used in the future towards another event booking (minus the $50 deposit). If due to force majeure (extreme weather, death, extreme accident, building maintenance issues, power outage, etc), the party needs to be cancelled either in-home or at the venue, the Company will do its best to reschedule according to the Host's availability. If the party is not able to be rescheduled, the total monies paid will be refunded.
4.5 Any and all amounts that remain unpaid after the performance of the Services, including, but not limited to, Consideration, Travel Fees and Cancellation Fee, after the invoice becomes due and payable, shall accrue interest at Twenty percent (%20) per month until such amounts are paid in full, whether or not before or after entry of judgment.
4.6 Host shall defend and indemnify Company for all expenses of collection of amounts due from Host under this Agreement, including, but not limited to, reasonable attorneys' fees and court costs of collection.
Representations and Warranties of Host.
5.1 The Host represents and warrants that Company’s performance of the Services hereunder will not violate or contradict the terms of any other agreement entered into by the Host related to the Event, including, but not limited to, any agreement with a rental facility or other location in which the Event shall take place.
5.2 The Host represents and warrants that the Company shall be permitted to photograph, film, or otherwise document the Event and the Services to be performed by Company hereunder.
COMPANY MAKES NO WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES RENDERED BY COMPANY OR THE RESULTS OBTAINED THEREFROM. Host agrees to defend, indemnify and hold Company harmless from all costs, damages, and expenses, including, but not limited to, reasonable attorney’s fees from any claim, action, cause of action and any associated liability, loss, cost, damage or expense commenced by or on behalf of any person or entity, arising out of or relating to the Services performed by Company pursuant to this Agreement, except when the same shall arise due to the willful misconduct or gross negligence of the Company.
Limitation of Damages.
The total liability of Company for all claims, actions, and causes of action, under any form or theory of action whatsoever, whether in contract, warranty, tort, negligence, strict liability, equity, indemnity or otherwise in any way touching, concerning, relating to, arising out of, connected with, or resulting directly or indirectly from this Agreement, shall not exceed the aggregate Consideration actually paid by Host to Company.
Exclusion of Damages.
Notwithstanding any other provision of this Agreement, in no event shall Company be responsible for special, indirect, incidental or consequential damages, however caused under any form or theory of action whatsoever, whether in contract, warranty, tort, negligence, strict liability, equity, indemnity or otherwise.
9.1 This Agreement shall be governed by, interpreted, construed and enforced in all respects in accordance with the laws of the Commonwealth of Pennsylvania without regard to its conflicts of law principles.
9.2 Company is an independent contractor, and not an agent, employee, partner, joint venturer or franchisee of Host.
9.3 If any provision of this Agreement is adjudicated to be invalid, illegal or unenforceable, in whole or in part, it will be deemed omitted to that extent and all other provisions of this Agreement will remain in full force and effect.
9.4 The captions contained in this Agreement have been inserted solely for convenience of reference and in no way define, limit or describe the scope or substance of any provision of this Agreement.
9.5 This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior agreements, representations, proposals, estimates, discussions and communications, whether oral or in writing with respect to such subject matter. This Agreement and shall be enforceable in accordance with its terms when signed both parties hereto.
9.6 A failure by either party to assert its rights for or upon any breach of this Agreement shall not be deemed a waiver of such rights, nor shall any such waiver be implied. No waiver in writing by one of the parties hereto, with respect to any right, shall extend to or affect any subsequent breach, either of like or different kind, or impair any right consequent thereon.
9.7 Notwithstanding any other provision in this Agreement to the contrary, neither party will have any liability to the other with respect to its delay to perform its obligations under this Agreement (other than the failure to pay any amounts when due hereunder) if such delay is due to any of the following events (each a "Force Majeure" event): (i) acts of God, unforeseeable circumstances, acts (including a delay or failure to act) of any governmental authority (de jure or de facto), war (declared or undeclared), riot, revolution, priorities, fires, floods, strikes, labor disputes, sabotage, or epidemics; (ii) inability due to causes beyond either party's reasonable control and either party's reasonable efforts to timely obtain instructions or information from the other party, to or obtain necessary and proper labor, materials, components, facilities, or transportation; or (iv) any other cause beyond the applicable party's reasonable control. In any such case, the parties' time for performance under this Agreement, to the extent affected by any of the foregoing, will be correspondingly extended.
Counterparts. Client/s and the Company agree that signatures by facsimile transmission or electronic scan are acceptable and shall have the same force and effect as if an original signature.