TERMS OF SERVICE

(updated July 13, 2018)

By booking an event with Feeling Fanciful, LLC, you agree to the following terms of service:

These are the terms of use for your use of services or features on the sites owned and controlled or the services provided by Feeling Fanciful, LLC (“Feeling Fanciful”), including but not limited to www.feelingfanciful.com. Feeling Fanciful reserves the right to change or modify any of the terms and conditions contained in the Terms and Conditions at any time, without notice, and in its sole discretion. If Feeling Fanciful decides to change these Terms and Conditions, Feeling Fanciful will post a new version on the site and update the date set forth above. Any changes or modifications to these Terms and Conditions will be effective upon posting of the revisions. Your continued use of the sites following posting of any changes or modifications constitutes your acceptance of such changes or modifications; and if you do not agree with these changes or modifications, you must immediately cancel all scheduled services with Feeling Fanciful and cease using the site. For this reason, you should frequently review these Terms and Conditions and any other applicable policies, including their dates, to understand the terms and conditions that apply to your use of the site and Feeling Fanciful services.

PRIVACY

Please review our privacy policy HERE.

COPYRIGHT

Feeling Fanciful does not intend to violate any copyright laws. Our characters are not name brand copyrighted characters. Our characters are generic public domain characters and we only accept bookings from individuals who are aware that we do not represent any licensed character. If the client would like a licensed, copyrighted character, the client agrees to contact the company or copyright holders.

PAYMENTS

You agree to purchase your event package in full with this transaction.  You agree that any gratuity paid beyond the final balance will be given to the performer(s) and split evenly among the performer(s) for events with more than one character. 

TRAVELING

Feeling Fanciful will travel anywhere within 29 miles of our castle in zip code 75165 for the listed package prices.  A traveling fee may be applied during the checkout process based upon your zip code in relation to this radius.

RESCHEDULING/CANCELLING

If you cancel within 48 hours of purchasing your order, you will receive a 100% refund.  If you cancel after 48 hours since purchasing your order, you will be refunded all but $50 of your order.  Cancellations within a week or less of your event will not be refunded.  Rescheduling is free.  Feeling Fanciful will provide a 100% refund in the rare and unusual instance that the company should cancel an event.

PACKAGE ADJUSTING

Add-ons and extra characters may be purchased no later than one week prior to your event and depending upon availability. If you would like to upgrade your package or add an extra character, be sure to give us a call so that we can give help you avoid paying an extra traveling fee. If you would like to downgrade your package, you will receive a refund covering the difference between your package choices up to one week before your event.  There are no refunds for downgrading your package within one week of your event.

WEATHER/EVENT CONDITIONS

Feeling Fanciful does not book outdoor events if the temperatures exceed 80 degrees Fahrenheit or if the space is wet due to recent rainfall or snow. All outdoor venues must be shaded and free of thorny bushes, mud, snow, or standing water. Feeling Fanciful reserves the right to depart from an event due to damaging and/or dangerous event/weather conditions. There are no refunds to the client for these cases. You agree to provide an alternative feasible indoor venue in order to prevent the need for performer(s) to depart from your event due to damaging and/or dangerous event/weather conditions.  You agree to provide a clean, private changing space with a mirror on site for indoor events on rainy days and to allow the performer to arrive early in order for them to change on site in these cases.

PHOTO/VIDEO RELEASE

Feeling Fanciful reserves the right to photograph/video their events and/or use photographs/video taken at your Feeling Fanciful event in any or all promotional media, whether now known or hereafter existing, controlled by Feeling Fanciful, in perpetuity, and for other use by Feeling Fanciful.  You agree to make no monetary or any other such claim against Feeling Fanciful for the use of any photograph/video taken of client, child (or children), home/event location, and guests. Should you have any concerns or wish to have images or video not used, please contact us.

PUBLIC EVENTS

If you desire to use Feeling Fanciful character photos for promoting your public event, you agree to use only those character images delivered to you directly by Feeling Fanciful in order to promote the character(s) for your event. You agree when using Feeling Fanciful images to tag @feelingfanciful or www.feelingfanciful.com on any and all promotional platforms. You agree out of respect for copyrights to refer to the Feeling Fanciful characters by their Feeling Fanciful names. You agree not to charge a fee of any kind to photograph, interact with, or see the Feeling Fanciful event, party, or performer unless you obtain written permission from Feeling Fanciful.

WAIVER

I (the “Client”), on behalf of myself, owners and the parent/legal guardian of the child, knowingly and freely assume all such risk, both known and unknown, including those that may arise out of the negligence of other participants; and, I, for myself and the parent/legal guardian of the child, and our respective heirs, assigns, administrators, personal representatives, and next of kin, hereby release and hold harmless, Feeling Fanciful, their affiliates, owners, shareholders, officers, members, agents, employees, other participants, and sponsoring agencies from and against any and all claims, injuries, liabilities or damages arising out of or related to our participation in any and all Feeling Fanciful programs, activities, parties, and/or events.

  1. I represent that I am the parent or legal guardian of the Child(ren) named in the reservation request page or I have obtained permission from the parent/legal guardian of the Child(ren) named on the checkout page to execute this agreement on their behalf.
  2. I acknowledge and understand that there are known and unknown risks associated with participation in Feeling Fanciful activities and events, which include but are not limited to: fractures, scrapes, cuts, bumps, allergic reaction, paralysis, or death.
  3. I, for myself and the Child(ren) named, willingly assume the risks associated with participation and accept that there are also risks that may arise due to other children and adults at the Feeling Fanciful event or activity which I also willingly assume. In addition, if I observe any hazard during our participation, I will bring it to the attention of the Feeling Fanciful employee or official immediately.
  4. I agree that the Child(ren) named, and I, shall comply with all stated and customary terms, posted safety signs, rules, and verbal instructions as conditions for participation in any Feeling Fanciful event or activity.
  5. I, for myself, the Child(ren) named, our heirs, assigns, representatives, party guests, and next of kin agree that Feeling Fanciful, is not responsible or liable for any accidents or damages, staining of skin, clothing or hair, allergic reaction due to face paint or any other Feeling Fanciful supplies.
  6. I acknowledge and understand that Feeling Fanciful does not intend to violate any copyright laws, and Feeling Fanciful characters are not name brand copyrighted characters. I acknowledge and understand that Feeling Fanciful characters are generic and that Feeling Fanciful does not represent any licensed character. If I want a licensed, copyrighted character, I will contact the company or copyright holders.
  7. I agree that I will make best efforts to keep ambient noise levels low and to make distracting entertainment (including but not limited to bounce houses) off-limits to children during the performance.
  8. I agree that there will be no costumed character entertainers from companies other than Feeling Fanciful at the event without prior written consent from Feeling Fanciful.
  9. I agree that any photographs or videos of the performer or any Feeling Fanciful property are for personal use only unless I receive written consent from Feeling Fanciful. I will not sell or give videos or photographs to competitors.
  10. I agree that I will not charge a fee of any kind to photograph, interact with, or see the Feeling Fanciful event, party, or performer unless I obtain written permission from Feeling Fanciful.
  11. I agree that I will abide by the Feeling Fanciful time frame agreed to in my booking or rescheduled booking. I will not disrupt a performer’s start time or delay a performer from leaving.  If I decide during the event to request the performer stay for an additional half-hour, and if they are available, I will pay overtime through the Feeling Fanciful web site Overtime function for each additional 30 minutes per character before they leave my event.
  12. I agree that I will supervise in the same room as the performer at all times and handle any disruptive guest’s behavior.
  13. I agree that I will be responsible for any damage to costume (including but not limited to wigs, shoes, gowns, and accessories) caused by client or event attendees. I understand that I am responsible to protect costume materials from any potential staining agents (including but not limited to foods and art supplies) before and during the performer’s time at the event.
  14. I agree that will notify Feeling Fanciful of any unusual traffic situations that may impact performer’s travel (e.g., parades, sporting events, road construction, etc.). I understand and acknowledge that failing to mention traffic conditions may result in tardiness. I agree that I will not hold Feeling Fanciful responsible for tardiness caused by traffic conditions or any other factors outside the control of Feeling Fanciful.
  15. I understand and acknowledge that Feeling Fanciful reserves the right to change the performer for any reason, including but not limited to performer illness, traveling or timing conflict, or performer no longer working with Feeling Fanciful.
  16. I understand and acknowledge that Feeling Fanciful also has multiple costumes for many of its characters and any specific costume cannot be guaranteed.
  17. I am not affiliated with a competitor of Feeling Fanciful (including but not limited to owner, employee, or contractor of a competitor). I am not acting on behalf of a Feeling Fanciful competitor and will not use the Feeling Fanciful performance or correspondence to give any information, video, or photographs to a Feeling Fanciful competitor.
  18. I, for myself, the Child(ren) named, our heirs, assigns, representatives, party guests, and next of kin agree to hold harmless, release, waive and indemnify the owner of Feeling Fanciful, their predecessors, parent, subsidiaries and affiliates, officers, and employees from any and all injuries, liabilities or damages from participation, except for those arising from the gross negligence or willful misconduct of Feeling Fanciful.
  19. I additionally agree to indemnify the independent owner of Feeling Fanciful, their predecessors, parent, subsidiaries and affiliates, officers, and employees for any defense cost or expense arising from any and all claims, injuries, liabilities or damages arising from participation, except for those arising from the gross negligence or willful misconduct of Feeling Fanciful.
  20. I am of physical ability to participate and am legally competent to understand and complete this agreement. I hereby execute this agreement without coercion.
  21. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement, which shall remain in full force and effect.
  22. Any controversy, dispute, or claim arising out of or related to this Agreement, which the parties are unable to resolve by mutual agreement, shall be settled exclusively by submission by either party of the controversy, claim or dispute to binding arbitration; said arbitration to take place exclusively before a single arbitrator located within 25 miles of Feeling Fanciful headquarters and in accordance with the rules of the American Arbitration Association then in effect.

Electronic Signature

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