Fun Corporate Magic

Service Agreement


Service Agreement

  • Client Name:
  • Event Date:
  • Event Time:
  • Package:
  • Performance Details:
  • Package Fee: $
    Travel Fee: +$
    Discounts: -$
    Total Fee: $
  • Venue Name:

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

  1. Services. Fun Corporate Magic will provide (“Services”). The details of the Services shall be agreed upon by the parties via phone, email, or in a separate Statement of Work ("SOW") when required.

  2. Payments. The Total Fee for the Event Date is $ (“Total Fee”). Client agrees to pay an initial deposit upon signing this Agreement (“Deposit”). The Deposit is non-refundable except as otherwise provided in this Agreement. 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. Any 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 Venmo, Zelle, Bank or Wire Transfer, or by credit card as follows (please select an option):

     
    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. Arrival time. Fun Corporate Magic and its Performers will inform Client about their ETA (estimated time of arrival). This time will vary depending on the service rendered at the event. For instance, walk-around entertainment will require an arrival of at least 30min (or more when needed) before the performance starts; stage shows and other forms of entertainment will require an arrival time of 1 or several hours before the performance starts.  If due to the fault of Performer or Fun Corporate Magic, except in cases of emergency, unforeseen traffic delays, or Force Majeure (see point 20), the Event starts late or ends early, Fun Corporate Magic will refund Client a prorated portion of the Total Fees.


  6. 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.


  7. 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(s) cannot provide the Services, Performer(s) may find a substantially similar substitute without any further liabilities or refunds. If Performer must cancel the Event, Client shall receive a full refund.
    .

  8. 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.


  9. 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. No confidential information should be shared under this Agreement.
     

  10. 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.


  11. Disclaimer and Warranties. Fun Corporate Magic makes no guarantees, representations or warranties of any kind with respect to the Services. Services are provided “AS IS”. 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.


  12. Code of Conduct. Fun Corporate Magic represents and warrants the Services shall be perform in a timely and professional manner, in accordance with industry standards 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(s), 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.


  13. 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.
     

  14. Subcontractors: Fun Corporate Magic shall at all times be responsible for the acts and omissions of its subcontractors and agents employed directly or indirectly by Fun Corporate Magic. Fun Corporate Magic shall be responsible for performance of the Services, whether performed by Fun Corporate Magic or its subcontracts or agents.

  15. Improper Working Conditions. Clients agree to provide optimal working conditions for the performance. These include but are not limited to a safe environment, proper lights, and no disturbing sounds (especially important when performing close-up magic). If the stage or performance area is to be shared with a live band, DJ, or any other performance, Clients agree to a) let Fun Corporate Magic knows ahead of time about other performances or artists sharing the space, and b) to make the necessary arrangement to make sure they won't interfere with the Performer's performance. If the Performer(s) determines, in its sole discretion, that there are not proper working conditions, such as loud music, dimmed lights or any other condition which prevents them from presenting their act in its fullest, the following steps shall be taken: a) after the first occurrence a verbal warning will be issued to Client; and b) after a second occurrence, Fun Corporate Magic shall be entitled to terminate the Agreement based on improper working conditions, 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.
     

  16. Limited Liability. To the fullest extent permitted by law, each party shall not be liable for: a) any 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 $50,000.


  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. Each Party agree to indemnify, defend and hold harmless the other party and its employees, agents, independent contractors, officers, directors, members and/or managers for any injury, property damage, liability, claim or other cause of action caused by the acts or omissions of the indemnifying party.


  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, then the controversy shall be settled by arbitration through the Judicial Arbitration and Mediation Services in New York, NY and judgement may be entered into any court having jurisdiction. 


  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 fire casualty, strike, unsafe environment, threat, act of God, government mandated quarantine, or pandemic. (“Force Majeure Events”).

    If Client desires to cancel under the event of a Force Majeure, Client will have the option to use all monies paid towards another event within a period of 1 year in a new mutually agreeable date. If Client still desires to cancel, a refund of all monies paid, minus any cost incurred, shall be due for Services unperformed due to a Force Majeure Event. These include cost of materials, custom props, and any other cost related to Services and will not exceed 25% of the Total Fee.


  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), or certified or registered mail (in each case, return receipt requested, postage prepaid). Except as otherwise provided in this Agreement, a Notice is effective only 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.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed by their authorized representative as .

The signature of the Client 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: December 7, 2022


Signature Certificate
Document name: Service Agreement
lock iconUnique Document ID: d7cecb685a57269fbfce3ab5b05271d1784b363c
Timestamp Audit
April 9, 2019 2:55 PM ESTService Agreement Uploaded by Matias Letelier - [email protected] IP 2600:4041:5360:bf00:d5ba:4bf6:668b:9a7d