Services Agreement
FEES AND DEPOSIT
Fees. In consideration of the services to be performed by Dream Big Parties, The Client will Pay a deposit at the time of booking and the remaining total in full upon the arrival of the artist.
Travel Fees. When applicable, a travel fee will apply to the total. This amount will be notified to the Client at the time of booking..
Booking Fee. Clients shall pay a booking fee. The Booking Fee is non-refundable and is required to secure the date of the event. A date will only be saved for 7 days without payment of the Booking Fee. Booking Fees can be paid by sending an electronic payment via the Zelle App to phone number: 832-579-7185.
Balance Due. In addition to the Booking Fee, Client agrees to pay the “Balance Due” upon arrival of the Entertainer, in accordance with section 3 below.
PAYMENT POLICY
Full payment is required before or at the start of the event. After Client pays the booking fee, the Balance Due at the Time of the Event must be paid when the entertainer arrives.
Payment must be made before The Artist will begin rendering services. This is essential for the The Artist to be able to leave at the scheduled time. It is often difficult to find a host, or for the Client to find their payment method while they are busy tending to guests.
At the time of the event, if the client would like more time, she or he must let the artist know so that further payment can be arranged.
ESTIMATES
When booking an event, the Client must clarify how many kids are expected. Dream Big Parties artists average 10-12 kids per hour. If more kids are present and it is obvious the time slot will not cover everyone, the artist will attempt up to 20 kids per hour by making smaller designs.
CONFIRMATION
The Client will receive, on the day of the event, a message or call confirming all the details and the Remaining Balance Due Upon the Artist’s arrival. Once the client confirms and payment is received, the Artist may begin work.
CANCELLATION
B ooking Fees are Non Refundable, but are transferable if an event is rescheduled. Please be cautious when booking entertainers for outdoor events. Having an alternate indoor plan in case of rain is highly recommended.
If the event must be cancelled, please contact Dream Big Parties right away at
832-579-7185 and confirm the cancellation. A text message, phone call, or email is highly appreciated. If you reach a voicemail please leave a message.
SET UP
The Dream Big Parties Artist brings everything they will need to make the magic happen. Our Set Up consists of a High Chair and a 4 Foot Table. In total we need a space about 6-7 feet wide. Kids line up around the table whichever way the space allows. Good lighting and being against a wall is ideal.
ENDING THE LINE
The Artist will be focused on his or her painting and balloon art, and will not have time to manage the line. The line should be monitored by the host or a designated person at the event.
The line will be closed with enough time for the The Artist to paint those waiting and not have to leave anyone in line without a design when time is up. This is usually 10 minutes before the artist has to leave. Anticipate that 3-4 minutes is needed for each guest to be painted depending on the complexity of each design. The The Artist will close the line when needed to avoid unhappy guests at the end of his or her time.
The Artist will attempt to paint as many guests as possible, but will have to stop when time is up so that they are not late to their next event. Hosts are welcome to make a Sign Up Sheet. When the Artist has to leave please help explain to little guests that time has come to an end to facilitate the artist’s exit.
INSURANCE
Dream Big Parties will provide confirmation of the Entertainer’s liability insurance upon request. Dream Big Parties will provide the company’s EIN number or W-9 form upon request.
INDEMNIFICATION/LIABILITY
IN ALL CIRCUMSTANCES, THE MAXIMUM LIABILITY OF The Artist, ITS MEMBERS, EMPLOYEES, OWNERS, ATTORNEYS, AND AFFILIATES (“The Artist PARTIES”), TO CLIENT FOR DAMAGES FOR ANY AND ALL CAUSES WHATSOEVER,AND CLIENTS MAXIMUM REMEDY, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL BE LIMITED TO THE NET PROFIT OF The Artist FOR THAT EVENT. IN NO EVENT SHALL The Artist BE LIABLE FOR ANY LOST PROFITS, BUSINESS INTERRUPTION, OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THE SERVICES PROVIDED BY The Artist, EVEN IF The Artist HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
GENERAL
Modification/Waiver. This Agreement may be modified by the parties. Any modification of this Agreement must be in writing. Failure by either party to enforce any right or seek to remedy any breach under this Agreement shall not be construed as a waiver of such rights nor shall be a waiver by either party of default in one or more instances be construed as constituting a continuing waiver of any other breach.
Governing Law and Dispute Resolution. The formation, construction, performance, and enforcement of this Agreement shall be in accordance with the laws of the United States and the State of Texas without regard to its conflict of law provisions or the conflict of law provisions of any other jurisdiction. In the event of a dispute arising out of this Agreement, the parties agree to attempt to resolve any dispute by negotiation between the parties. If they are unable to resolve the dispute, both parties submit to the jurisdiction of the federal courts of the State of Texas.
Severability. Whenever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall nevertheless remain in full force and effect and the invalid or unenforceable provision shall be replaced by a valid or enforceable provision.
Headings. The numbering and captions of the various sections are solely for convenience and reference only and shall not affect the scope, meaning, intent or interpretation of the provisions of this Agreement nor shall such headings otherwise be given any legal effect.
Integration. This Agreement comprises the entire understanding of the parties hereto on the subject matter herein contained, and supersedes and merges all prior and contemporaneous agreements, understandings and discussions between the parties
relating to the subject matter of this Agreement. In the event of a conflict between the Agreement and any other document, the terms of the Agreement control.
By agreeing and conducting payment of deposit, the parties hereto have agreed to all of the terms and conditions of this Agreement effective as of the date of the deposit transaction, which comes with the full authority to enter into the Agreement and to bind his/her respective party to all of the terms and conditions herein.