Client Contract
Phoenix Princess Company Client Contract
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This Contract (this "Contract") is made effective as of the event date listed below by and between Phoenix Princess Company, of 335 South Granite Court, Gilbert, Arizona 85296, (PHXPC) and the client, whose name and address is listed below. 1. DESCRIPTION OF SERVICES. Beginning on the date stated above Phoenix Princess Company will provide the following services (collectively, the "Services"): Services MAY include all or some of the following : Face Painting, Nail painting, Singing, Dancing, Themed Games, Storytelling, Balloon Twisting, Tea Parties, Makeup Application, Hair Styling and Magic Tricks. PLEASE TYPE YOUR FULL NAME AND ADDRESS BELOW. *
2. PAYMENT. Payment shall be made to Phoenix Princess Company at 335 South Granite Court, Gilbert, Arizona 85296. The client whose name is listed below agrees to pay Phoenix Princess Company as follows: 60% of the event total is due at booking. The remaining 40% and any tips shall be given directly to the independent contractor at time of service or can be paid in full with the deposit. In addition to any other right or remedy provided by law, if ______ fails to pay for the Services when due, Phoenix Princess Company has the option to treat such failure to pay as a material breach of this Contract, and may cancel this Contract and/or seek legal remedies. Only accept Cash, Card or Company check. We do not accept personal checks. PLEASE INITIAL BELOW. *
3. TERM. This Contract will terminate automatically upon completion by Phoenix Princess Company of the Services required by this Contract. 4. OWNERSHIP OF SOCIAL MEDIA CONTACTS. Any social media contacts, including "followers" or "friends," that are acquired through accounts (including, but not limited to email addresses, blogs, Twitter, Facebook, YouTube, or other social media networks) used or created on of after January 9th 2016 are the property of Phoenix Princess Company. Client herby agrees/disagrees (choose one) to have images of family, including children, collected by or given to Phoenix Princess Company, to be used for the purpose of social media and advertisement. Images may be substantially edited, altered, or modified. Any right to inspect or approve image in any media, is waived. Phoenix Princess Company has the right to market and sell copies of the event images. Also, any right to royalties or other compensation related to any event image, is waived. If there is any guest with conflicts to public use of an image, it is the liability of the client to inform Phoenix Princess Company. Choosing “No” does not disqualify you from booking with us. PLEASE SELECT FROM DROP DOWN. *
5. DEFAULT. The occurrence of any of the following shall constitute a material default under this Contract: a. The failure to make a required payment when due. b. The insolvency or bankruptcy of either party. c. The subjection of any of either party's property to any levy, seizure, general assignment for the benefit of creditors, application or sale for or by any creditor or government agency. d. The failure to make available or deliver the Services in the time and manner provided for in this Contract. 6. REMEDIES ON DEFAULT. In addition to any and all other rights a party may have available according to law, if a party defaults by failing to substantially perform any provision, term or condition of this Contract (including without limitation the failure to make a monetary payment when due), the other party may terminate the Contract by providing written notice to the defaulting party. This notice shall describe with sufficient detail the nature of the default. The party receiving such notice shall have 7 days from the effective date of such notice to cure the default(s). Unless waived by a party providing notice, the failure to cure the default(s) within such time period shall result in the automatic termination of this Contract. 7. FORCE MAJEURE. If performance of this Contract or any obligation under this Contract is prevented, restricted, or interfered with by causes beyond either party's reasonable control ("Force Majeure"), and if the party unable to carry out its obligations gives the other party prompt written notice of such event, then the obligations of the party invoking this provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, without limitation, acts of God, fire, explosion, vandalism, storm or other similar occurrence, orders or acts of military or civil authority, or by national emergencies, insurrections, riots, or wars, or strikes, lockouts, work stoppages, or other labor disputes, or supplier failures. This shall also include situations where the performer is uncomfortable due to sexual harassment or advances, or if the situation is deemed dangerous by the performer. The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of nonperformance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable control of a party if committed, omitted, or caused by such party, or its employees, officers, agents, or affiliates. 8. DISPUTE RESOLUTION. The parties will attempt to resolve any dispute arising out of or relating to this Agreement through friendly negotiations amongst the parties. If the matter is not resolved by negotiation, the parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure. Any controversies or disputes arising out of or relating to this Agreement will be submitted to mediation in accordance with any statutory rules of mediation. If mediation is not successful in resolving the entire dispute or is unavailable, any outstanding issues will be submitted to final and binding arbitration under the rules of the American Arbitration Association. The arbitrator's award will be final, and judgment may be entered upon it by any court having proper jurisdiction. 9. CONFIDENTIALITY. Phoenix Princess Company, and its employees, agents, or representatives will not at any time or in any manner, either directly or indirectly, use for the personal benefit of Phoenix Princess Company, or divulge, disclose, or communicate in any manner, any information that is proprietary to Phoenix Princess Company and its employees, agents, and representatives will protect such information and treat it as strictly confidential. This provision will continue to be effective after the termination of this Contract. Upon termination of this Contract, Phoenix Princess Company will return all records, notes, documentation and other items that were used, created, or controlled by Phoenix Princess Company during the term of this Contract. 10. NOTICE. Any notice or communication required or permitted under this Contract shall be sufficiently given if delivered in person or by certified mail, return receipt requested, to the addresses listed above or to such other address as one party may have furnished to the other in writing. The notice shall be deemed received when delivered or signed for, or on the third day after mailing if not signed for. 11. ENTIRE CONTRACT. This Contract contains the entire agreement of the parties regarding the subject matter of this Contract, and there are no other promises or conditions in any other agreement whether oral or written. This Contract supersedes any prior written or oral agreements between the parties. 12. AMENDMENT. This Contract may be modified or amended if the amendment is made in writing and signed by both parties. 13. SEVERABILITY. If any provision of this Contract shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Contract is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. 14. WAIVER OF CONTRACTUAL RIGHT. The failure of either party to enforce any provision of this Contract shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Contract. 15. APPLICABLE LAW. This Contract shall be governed by the laws of the State of Arizona. 16. SIGNATORIES. This Agreement shall be signed by the client whose name is below and Nicole Froehlich on behalf of Phoenix Princess Company and effective as of the date of the party. BY WRITING YOUR FULL NAME BELOW, YOU AGREE TO SIGN THIS CONTRACT IN ITS ENTIRETY. *
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