Fun Corporate Magic

Contract Private Event


Service Agreement

  • Client Name:
  • Event Date:    
  • Event Time:
  • Program Fee: $
    Discounts: -$
    Travel Fee: +$
    Total Fee: $
  • Venue Name/Virtual Meeting:

Thank you for choosing Fun Corporate Magic for your entertainment services! This Service Agreement (“Agreement”) made between (the “Client”), Matías Letelier (the “Performer”), and Fun Corporate Magic (together with the Client and Performer the “parties” and each a “party”), describes the procedures and policies in connection with your purchased entertainment services.

  1. Services. Fun Corporate Magic provides professional virtual and in-person magic shows for private and corporate events (“Services”). The details of the Services shall be agreed upon by the parties via phone, email, or in a separate Statement of Work ("SOW").
  2. Payments. The Total Fee for the Event Date is $ (“Total Fee”). Client agrees to pay 50% of the Total Fee as an initial deposit upon signing this Agreement (“Deposit”). The Deposit is non-refundable, subject to Section 6. Fun Corporate Magic, at its sole discretion, may terminate this Agreement and open the Event Date to other clients if the Deposit is not provided. The remaining balance for the Total Fee must be paid in full on the Event Date, including any reimbursements, costs, expenses, damages, or late fees. Payments shall be made by either Vemno, Zelle, Bank or Wire Transfer, or by credit card as follows:
    1. Vemno payments shall be sent to @funcorporatemagic;
    2. Zelle payments shall be sent to contact@funcorporatemagic.com;
    3. Bank or Wire transfer details shall be provided upon request; and
    4. For credit card payments Client will receive a link to pay online. Client shall be charged a 5% processing fee for all credit card payments.

    Any balance not paid within the time specified in this Agreement may result in damages. Client shall be responsible for any attorneys’ fees, court costs, or any other costs incurred in the collection of delinquent accounts.

  3. Event Reservation. Fun Corporate Magic shall reserve the time and date of the event as specified above for the Client’s Services, whether in person or broadcasted virtually (the “Event” or “Event Date”). Due to high demand, all events will be booked on a first come, first serve basis. Once Client receives this Agreement, Client has seven (7) days to sign and to provide the Deposit in accordance with Section 3. If Client does not sign this Agreement and provide the Deposit within seven (7) days of receipt, Fun Corporate Magic is under no obligation to reserve the Event Date for the Client.

  4. Scheduling and Logistics. Due to Fun Corporate Magic’s busy performance schedule, all scheduled Services must begin and end on time. If the Event is running behind schedule as a result of the Client, Fun Corporate Magic may offer the following remedies based on its own discretion and availability: a) Client may choose to have Fun Corporate Magic finish the performance at the original time the Services were set to finish for no additional fee; or b) Client can pay a fee of 25% of the Total Fee for every fifteen (15) minutes the Services go over the allotted time. Fun Corporate Magic will start no later than fifteen (15) minutes past the original start time for the Services. All payments rendered to Fun Corporate Magic are non-refundable and Client understands and agrees that under no circumstances will they receive a discounted fee for any late start or shortened Event.

  5. Rescheduling. Client may request to reschedule the Event to a new event date (“New Event Date”) within six (6) months from the Event Date, subject to Fun Corporate Magic’s discretion and availability. Fun Corporate Magic cannot guarantee availability to perform the Services for the Client on a rescheduled New Event Date, and the original Deposit shall remain non-refundable. Client may be subject to a rescheduling fee and a change in price for the New Event Date. If Fun Corporate Magic decides to reschedule the Event, the Deposit shall apply to the New Event Date.

  6. Cancellation. If for any reason Client decides or is forced to cancel for any reason, Client must provide Fun Corporate Magic written notice as soon as possible (“Cancellation Notice”). Fun Corporate Magic may offer Client the ability to Reschedule as described in Section 5, or if the Event is live, the option to hold the event virtually. If Client still desires to cancel, if Cancellation Notice if received two (2) weeks prior to the Event, the Deposit shall remain non-refundable and the Client shall be liable for the Total Fee. If for any reason, Performer cannot provide the Services, Performer may find a competent substitute without any further liabilities or refunds. If Performer must cancel the Event, Client shall receive a full refund.

  7. Failure to Show. If the Client fails to show on the scheduled Event Date, the Deposit shall be forfeited and Client may not have the option to reschedule. Client agrees that it will be responsible for the Total Fee and any additional expenses under these circumstances.

  8. Virtual Event. If the Event is to be broadcasted, Client must ensure that Client and its guests have stable internet connection to avoid connectivity issues during the Event. Performer will be ready thirty (30) minutes before the Event start time to ensure that the Event begins on time. If for any reason the Event cannot be broadcasted virtually due to unforeseen circumstances such as internet shortage, loss of electrical power, or a natural disaster, Fun Corporate Magic shall not be held liable and the In any of the above or similar circumstances occur, Fun Corporate Magic will coordinate with the Client to work diligently to reschedule the Event based on availability. Fun Corporate Magic may offer certain mitigating procedures to Client at no additional charge, subject to Fun Corporate Magic’s discretion.

  9. Data Privacy. Client acknowledges and agrees on behalf of itself and its guests that personal data may be processed when providing the Services virtually. Events held virtually shall be broadcasted on third party secure servers such as Zoom, Microsoft Team, Skype, or Google Meetup. Fun Corporate Magic shall implement reasonable security procedures to help protect data from security attacks. Client understands that the use of third party servers may necessarily involve transmission of Client’s data over networks that are not owned, operated, or controlled by Fun Corporate Magic, and Fun Corporate Magic is not responsible for any of the Client or the guest’s data lost, altered, intercepted, or stored across such networks. Fun Corporate Magic cannot guarantee that its security procedures will be error-free, that transmission of data will always be secure, or that unauthorized third parties will never be able to defeat the security measures or those of our third party service providers. Fun Corporate Magic takes no responsibility if for any reason the content becomes corrupted in whole or in part at any time.

  10. Confidential Information and Intellectual Property Rights. Client acknowledges and agrees that Fun Corporate Magic owns all intellectual property rights in and to the Services, including any intellectual property developed during the course of performing the Services. Except as expressly stated herein, this Agreement does not grant Client any right in or to any intellectual property owned by Fun Corporate Magic, including but not limited to performance tools, patents, copyrights, database rights, domain names, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights or licenses with respect to the Services. Client shall not disclose any of Fun Corporate Magic’s confidential information without prior consent. Confidential Information means any non-public information that relates to performance and business methods of any Intellectual Property disclosed to Client. Confidential Information does not include any information that: a) was publicly known and made generally available in the public domain prior to the time it was disclosed; b) became publicly known and made generally available after disclosure to the receiving party through no wrongful action or inaction of the receiving party; or c) was in the receiving party’s possession, without confidentiality restrictions, at the time of disclosure by the other party.

  11. Licensing and Rights. Client hereby grants Fun Corporate Magic, on behalf of itself and any of its hired photographers or videographers, a worldwide, non-exclusive license to use any photographs or videos (“Event Images”) for the purpose of marketing and advertising its Services, which may include but are not limited to, posting the Event Images on Fun Corporate Magic’s social media, website, sharing the Event Images with prospective clients, or using the Event Images in any way that does not include resale. Should any Event Images be submitted by Client or guest to any magazine, blog, newspaper, website, television show, or any other media outlet, Client shall use reasonable efforts to ensure that Fun Corporate Magic is given appropriate credit in such publications.

  12. Non-Disparagement. When providing the Services, Performer and Fun Corporate Magic will use its individual artistic and professional judgement, unless Client has notified Fun Corporate Magic in writing of any specific requests prior to the Event. Fun Corporate Magic is not liable for any dissatisfaction from the Client, including any issues with rescheduling, cancellation, or refunds. Client agrees not to make, publish, or communicate to any person or entity, in any media or public forum, including on any social media sites, any comments or statements (written or oral), that intentionally or unintentionally would, or is reasonably likely to, disparage, create a negative impression of, or is detrimental to Fun Corporate Magic or Performer’s reputation or services.

  13. Disclaimer and Warranties. Fun Corporate Magic makes no guarantees, representations or warranties of any kind with respect to the Services. Services are provided on an “AS IS” and “AS AVAILABLE” basis. Client shall promptly communicate with Fun Corporate Magic in order to facilitate the planning and coordination of the Event, and Client understands that communication delays may have an adverse impact on Client’s Event, for which Fun Corporate Magic shall bear no responsibility or liability.

  14. Code of Conduct. Fun Corporate Magic shall perform the Services in a professional manner and endeavor to execute a successful event for the Client. During the Event, Client represents and warrants on behalf of itself and its guests, that it shall adhere to appropriate conduct and use reasonable efforts to create a safe working environment for Fun Corporate Magic. Fun Corporate Magic shall not provide Services in any location or area deemed to be unsafe in its sole discretion, including but not limited to, areas affected by communicable diseases, quarantined areas, or other similar occurrences. Fun Corporate Magic reserves the right to terminate this Agreement should Client violate its obligation to provide a safe working environment, nor shall Fun Corporate Magic be required to provide any type of refund to Client under these circumstances. If Fun Corporate Magic determines, in its sole discretion, that is has suffered any inappropriate behavior by Client or Client’s guests, which rises to the level of harassment towards the Performer, Fun Corporate Magic or its contractors, assistants, employees or agents, the following steps shall be taken: a) after the first offense a verbal warning will be issued to Client; and b) after a second offense the offending party, if a guest, shall be required to leave the Event, or if the Client, Fun Corporate Magic shall be entitled to terminate the Agreement and Client shall pay the Total Fee and release and hold harmless Fun Corporate Magic from any and all liability as a result of any resulting incomplete Services.

  15. Venue Guidelines. Fun Corporate Magic may be limited by the guidelines of any venue management or laws. Client acknowledges and agrees that Fun Corporate Magic shall abide by such guidelines and that such guidelines are outside the control of Fun Corporate Magic. Negotiation to modify any such guidelines is the sole responsibility of the Client, and Client agrees to hold Fun Corporate Magic harmless for the impact of such guidelines on the Event. Client agrees that Fun Corporate Magic shall not be liable for any rescheduling or cancellation fees charged by a venue, nor shall it have to provide a refund due to a venue’s cancellation.

  16. Limited Liability. To the fullest extent permitted by law, Fun Corporate Magic shall not be liable for: a) any loss or damage, indirect, incidental, special, consequential or punitive damages; b) emotional distress or mental anguish; c) for any conduct or content of any third party related to Services; d) for any amount paid for Services. Total aggregate liability in contract, tort, misrepresentation, restitution, or otherwise arising in connection with the performance or contemplated performance of Services shall be limited to the fees paid by Client for Services.

  17. Lost or Damaged Items. Fun Corporate Magic is not responsible for any items lost, stolen or damaged on the Event Date, including, but not limited to, personal property of the Client or guests, and Client agrees to hold Fun Corporate Magic harmless for any such loss. Client shall be financially responsible for and reimburse Fun Corporate Magic for any and all costs, damages and expenses arising from damage to any of Fun Corporate Magic’s equipment or materials caused by Clients or any guest.

  18. Indemnification. Clients agree to indemnify, defend and hold harmless Fun Corporate Magic and its employees, agents, independent contractors, officers, directors, members and/or managers for any injury, property damage, liability, claim or other cause of action arising out of or related to the Services, consumption of alcohol, and/or the use of candles, open flame, fireworks and other potentially dangerous items on the Event Date.

  19. Arbitration. If a controversy or claim should arise, the parties will attempt in good faith to resolve such controversy or claim by negotiation. If the matter has not been resolved by negotiation within thirty (30) days of beginning negotiations, the parties will attempt in good faith to resolve the controversy or claim in accordance with mediation, with mutually agreeable rules. If the matter has not been resolved by mediation within sixty (60) days of the commencement of mediation, or if either party will not participate in mediation, then the controversy shall be settled by arbitration and judgement may be entered into any court having jurisdiction. Client shall not hold Fun Corporate Magic harmless against all losses, damages, liabilities, deficiencies, actions, judgements, interest, awards, penalties, fines, costs, or expenses of any kind, including reasonable attorney’s fees, in connection with any third party claim, suit arising out of or resulting from a material breach of any representation, warranty, or obligation set forth in this Agreement, including bodily injury, death of any person, or damage to real or tangible personal property resulting from the negligent or willful acts or omissions of Fun Corporate Magic.

  20. Force Majeure. No party shall be liable or responsible to the other party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any obligations to make payments to the other party hereunder), when and to the extent such failure or delay is caused by or results from acts beyond the impacted party’s (“Impacted Party”) control, which shall include but not be limited to, illness, emergency, fire casualty, strike, unsafe environment, threat, act of God, government mandated quarantine, or pandemic (“Force Majeure Events”). The Impacted Party shall give Notice within ten (10) days of the Force Majeure Event to the other party, stating the period of time the occurrence is expected to continue. The Impacted Party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause.

  21. Governing Law. These Terms shall be governed by, interpreted, and enforced in accordance with, the laws in the State of New York.

  22. Notices. All notices, requests, consents, claims, and other communications hereunder (each, a "Notice") shall be in writing and addressed to the parties at their respective addresses. All Notices shall be delivered by personal delivery, nationally recognized overnight courier (with all fees prepaid), email (deemed received upon sending) or certified or registered mail (in each case, return receipt requested, postage prepaid) or email (delivered upon being sent). Except as otherwise provided in this Agreement, a Notice is effective only a) upon receipt of the receiving Party, and b) if the party giving the Notice has complied with the requirements of this Section.

  23. No Implied Waiver. ​The failure of any party to require strict compliance with the performance of any obligations, terms or conditions of this Agreement shall not be deemed a waiver of that party’s right to require strict compliance in the future, or construed as consent to any breach of the terms of this Agreement.

  24. Entire Agreement. This Agreement may be executed in one or more counterparts, which collectively constitute the Agreement. This Agreement, including and together with any related exhibits, schedules, attachments, and appendices, constitutes the sole and entire Agreement of the parties with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter.

The signatures of all parties shall evidence the acceptance of these terms. It is recommended you print a copy for your records.

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Signed by Matias Letelier
Signed On: July 27, 2020

Fun Corporate Magic https://funcorporatemagic.com
Signature Certificate
Document name: Contract Private Event
lock iconUnique Document ID: ac049924f38366a7a8143a33003831d185ff6640
Timestamp Audit
February 26, 2019 11:37 PM EDTContract Private Event Uploaded by Matias Letelier - contact@funcorporatemagic.com IP 69.123.251.246