Face Painting Services Agreement - Terms & Conditions
THIS SERVICES AGREEMENT (“Agreement”) is entered into between the Client, and JOLLI Faces, a California company (“JOLLI Faces”). The parties agree as follows:
PAYMENT TERM: Retainer Fee must be paid for the event to be confirmed. Another event may be scheduled for your time and date, if retainer fee is not received at least 7 days before the event. There will be a $10 fee for returned checks, plus the amount of the check.
RETAINER FEE: A non-refundable retainer fee of 50% of full amount is due at least 14 days before the event. The balance agreed to in the agreement, minus the retainer fee, is one day before the day of the event. Full payment is required, if the requested date is less than 14 days.
CANCELLATIONS/Force Majeure (unforeseeable circumstances that prevent someone from fulfilling a contract): Should you need to reschedule your event, please do so at least 7 days prior and we will make every effort to meet your needs. If you need to cancel the event, your booking fee is only refundable if requested at least 7 days prior to the event. Should the artist(s) get sick, every effort will be made to find a replacement Artist, but if we are not successful the deposit will be refunded.
Overtime: Any time requested beyond the time booked will be prorated based on a cost of package rate chosen, to the nearest half hour.
Set-up: We require a minimum of 6’W x 4’L of level space to set-up for 1 Artist and a minimum of 8’W x 8’L for 2-3 Artist stations, adequate lighting, access to a restroom and a place to dispose of our painting water. We provide tables, chairs and all supplies necessary.
Outdoor Setup Conditions:
You provide us with sun/wind/rain shelter and adequate space and lighting to paint. We will need 15 minutes to set up / take down in this case, OR
We bring our own shelter and lighting. We will need access to electrical power and at least 30 minutes to set up/take down in this case. Additional fee of $25 applies.
Parking: The Client will reimburse the artist for any parking fees.
Limitations On Artwork: Artist will not paint on any part of the body that is not legal to expose, or any place she does not feel comfortable painting. The artist will not paint any design or wording that is obscene, offensive, and violent or defies good taste. The theme and art desired should be established before the artist arrives at the event, so that the artist can bring appropriate designs for the menu board.
Weather: For the comfort of your guests and our artists, the Client agrees to provide an area with protection from extreme temperatures, sun, rain, snow and excessive wind. Client is responsible to provide an alternate indoor location in the event of inclement weather. The client agrees to pay the full amount contracted once the painter has arrived at the event location, even if it is raining.
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Extreme Adverse Working Conditions: Artist has the right to cease painting and leave without refunding any monies if there are extreme adverse working conditions and the Client fails to remedy the situation after it has been brought to the Client’s attention. Adverse conditions included but not limited to: destructive, violent, or extreme inappropriate behavior of a child, pet or adult; illegal activities; or otherwise dangerous weather conditions such as extreme heat/cold or lightning.
LIABILITY STATEMENT: INDEMNIFICATION/HOLD HARMLESS While we use only FDA approved cosmetic-grade make-up, the artist is not liable for allergic reactions. Children with skin allergies for sensitive skin should either not participate, or have the artist perform a patch test at the beginning of the party. For safety reasons, the artist will require children under 2 years old to be held by parent or guardian. For sanitary reasons, the artist will not paint anyone who is or appears to be sick or suffering from: cold sores; conjunctivitis; any infectious skin condition; eczema or open wounds. the artist will use reasonable care, but is not responsible for damage to clothing or property. the artist will not supervise children. Their behavior and safety is the Client’s and/ or Parents’ responsibility. Artist cannot see other children and what they are doing while she is painting. It is agreed and understood between the parties that any and all persons providing entertainment as provided herein are independent contractors, represented by JOLLI Faces, and that no employer/employee relationship exists between such persons and the Client. You agree to accept all responsibility for all personal medical expenses should a reaction occur from being face painted during and after the event. Upon signing this release you are releasing JOLLI Faces from all liability and responsibility Client agrees to indemnify and hold harmless JOLLI Faces from all claims, losses, expenses, fees including attorney fees, costs, and judgments that may be asserted against JOLLI Faces that result from the acts or omissions of the Client, the Client's guests, and the Client's agents. Client will indemnify JOLLI Faces against any legal liability associated with face painting used to complete designs, its representatives, employees, or affiliates.
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MODEL RELEASE: Client grants JOLLI Faces the unrestricted right to copyright, use and publish videos/and or photographs of client for commercial, promotion, competition or other purposes without compensation or liability to client.