TERMS AND CONDITIONS

These terms and conditions govern the arrangement between you (“Customer”) and Marvelous Party Characters. By booking an event with Marvelous Party Characters, Customer agrees to be bound by these Terms and Conditions.  

Marvelous Party Characters will use best efforts to ensure that its performers arrive on time to Customer’s event. Marvelous Party Characters is proud of the business reputation it has built and warrants to Customer that customer satisfaction is it’s top priority. Customer agrees to be responsible for all attendees at the event and to timely pay all amounts owed.

To secure a time slot for an event, Customer shall pay a nonrefundable deposit in the amount of $100; or the full balance of the total booking amount, whichever is less. Customer understands and agrees that the deposit is not refundable. Customer shall pay the deposit in full within 24 hours of booking an event. Failure to pay the deposit within the required time shall result in Customer’s surrender of the time slot reserved. The remaining balance for the event shall be due and paid in full by Customer no later than the day before the booked event, and failure to do so shall result in Customer’s surrender of its deposit and immediate cancellation of the booked event. Any refund granted to the Customer shall be in Marvelous Party Character’s sole discretion. 

Customer understands that refunds will not be granted due to illness, concerns of illness and/or government (local, state and/or federal) lockdowns/restrictions on social gatherings; provided, however, that Customer may, upon notice to Marvelous Party Characters (i) reschedule, if availability permits, (ii) choose a virtual or parade option of equal or greater value to the deposit amount, or (iii) transfer the deposit to a third party for purposes of booking an event of equal or greater value, provided that such third party shall be bound by these terms and conditions. If the performer scheduled for Customer’s event is unable to attend such event (whether due to illness or other incapacity) and a replacement is not available, then the deposit will be refunded upon request.  

Customer shall provide immediate written notice to Marvelous Party Characters of any change in the location of Customer’s booked event; provided, that any such change may result in a travel fee charged against the Customer’s account.  Any change in the event’s location with less than 7 days’ prior notice shall be no further than a 10 minute drive from the original booked location and parking shall be readily available to the performer.  Customer understands that certain changes in location may result in a cancellation or reduction of the booked time slot (without refund to Customer) to allow Marvelous Party Characters to timely arrive at its next event.

Customer’s cancellation or request to reschedule a booked event with less than 48 hours’ notice to Marvelous Party Characters, shall result in a $50 fee charged to Customer; provided, that if such late request is the result of Customer’s family emergency, then such fee may be waived if Customer provides documentary evidence of such occurrence.

If a conflict arises on behalf of Marvelous Party Characters with respect to a booked party which Customer has paid in full, Marvelous Party Characters will provide prompt notice of such conflict to Customer and the parties will work in good faith to reschedule the event within a reasonable time of the original booking.  If a performer of Marvelous Party Characters does not show up to Customer’s party after Customer has paid in full and with no prior notice from Marvelous Party Characters, then Marvelous Party Characters shall issue a full refund within 3 days following the date of such party.  Marvelous Party Characters will not be obligated to issue a refund in any other circumstance. 

In case any one or more of the provisions contained in these terms and conditions shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions of these terms and conditions, but these terms and conditions shall be construed as if such invalid or illegal or unenforceable provision had never been contained herein. Upon such determination that any term or other provision is invalid, illegal or unenforceable, the court or other tribunal making such determination is authorized and instructed to modify these terms and conditions so as to effect the original intent of the parties as closely as possible so that the transactions and agreements contemplated herein are consummated as originally contemplated to the fullest extent possible.

Customer understands that Marvelous Party Characters is not a childcare service, and that supervision is required by at least one adult at all times. Marvelous Party Characters assumes no responsibility for (a) injuries that result from failure to follow instructions; (b) any allergies or sensitivities to materials in activities such as latex, paints etc.; and/or (c) any materials left during the party that could cause harm to humans and/or animals such as popped balloons. Customer assumes all responsibility for communicating the risk to all guests participating in the activities associated with Customer’s booked event.

CUSTOMER HEREBY RELEASES AND FOREVER DISCHARGES MARVELOUS PARTY CHARACTERS, ITS AGENTS, EMPLOYEES, OFFICERS, SUCCESSORS AND ASSIGNS FROM ANY AND ALL LIABILITY PERTAINING TO THE PROVISION OF SERVICES BY MARVELOUS PARTY CHARACTERS. CUSTOMER UNDERSTANDS THAT BY AGREEING TO THIS WAIVER AND RELEASE, CUSTOMER EXPRESSLY AND WILLINGLY AGREES TO ASSUME COMPLETE RESPONSIBILITY FOR ANY RISK OF INJURY THAT MAY ARISE FROM THE RELATED ACTIVITIES. ON BEHALF OF CUSTOMER AND ALL OF CUSTOMER’S GUESTS, CUSTOMER WAIVES ANY AND ALL CLAIMS FOR DAMAGES OR INJURY SUSTAINED TO CUSTOMER, ITS GUESTS AND/OR PROPERTY THAT CUSTOMER MAY HAVE AGAINST MARVELOUS PARTY CHARACTERS RELATING TO ANY SERVICES PROVIDED BY MARVELOUS PARTY CHARACTERS. CUSTOMER UNDERSTANDS THAT THE ACTIVITIES THAT CUSTOMER OR IT’S CHILDREN OR GUESTS MAY PARTICIPATE IN MAY INVOLVE HIGH RISK ACTIVITY AND MAY CAUSE SERIOUS INJURIES, INCLUDING BODILY INJURY, DAMAGE TO PERSONAL PROPERTY AND/OR DEATH. BY THIS WAIVER, CUSTOMER ASSUMES ANY RISK, AND TAKES FULL RESPONSIBILITY AND WAIVES ANY AND ALL CLAIMS OF PERSONAL INJURY, INCLUDING SEVERE BODILY INJURY, DAMAGE TO PERSONAL PROPERTY AND DEATH RELATING TO ALL ACTIVITIES ASSOCIATED WITH MARVELOUS PARTY CHARACTERS.

CUSTOMER HAS READ AND FULLY AGREES TO THE TERMS OF THIS WAIVER AND RELEASE. CUSTOMER UNDERSTANDS AND CONFIRMS THAT, BY PAYING THE DEPOSIT, CUSTOMER HAS GIVEN UP CONSIDERABLE FUTURE LEGAL RIGHTS AND ACKNOWLEDGES AND AGREES TO THIS WAIVER FREELY, VOLUNTARILY, UNDER NO DURESS OR THREAT OF DURESS, WITHOUT INDUCEMENT, PROMISE OR GUARANTEE BEING COMMUNICATED TO CUSTOMER. CUSTOMER IS 18 YEARS OR OLDER AND MENTALLY COMPETENT TO GRANT THIS WAIVER.