Terms and Conditions - Applies to all Contracted Art Me Party, LLC Events
Please read fully and submit below to continue any contracted booking.
Booking Date: The time slot will not be reserved for "Client" (or "you") until the deposit is paid and the Painting Agreement ("Agreement") is signed. The signed Agreements can be emailed or mailed. Should Artist be unable to perform its contracted services for any reason whatsoever, Artist will make their best effort to obtain a suitable and equivalent replacement. Should Artist be unable to perform or to find such a replacement, the deposit and any amounts paid by the Client under this Agreement will be refunded. *Any last minute Bookings made within 2 weeks of the event date will be charged a $25 booking fee.
Overtime: Any time beyond the time booked will cost $60-$120 per hour (depending on your package & location). However, only booked times with deposits are guaranteed, additional time on day of event may not be available, although Artist will attempt to accommodate requests for additional paid time. Overtime payment can be made directly to the Artist/Performer or can be invoiced next business day.
Late Payments: All payments are due BY THE END OF THE BOOKED TIME & DATE. There will be a 24 hour grace period of the next business day to have Payments made or checks post marked. All Payments made/post marked AFTER the 24 hour grace period of the next business day will result in a $30 Fee, unless otherwise arranged in writing. For each week following the late payment there will be a $30 per week charge to the payment balance. Returned Checks: There will be a $30.00 fee for returned
checks, plus the amount of the check if it is a deposit and all costs involved reinforcing payment of the debt owed.
Parking: Fine/Performing Artist will be provided with parking in close proximity to the home, building, or space where services will be provided. Parking near the event space entertainment entrance is necessary to enable the Artist to unload equipment and Characters must park in a blocked location from guests view as to not disrupt the "magical" experience for anyone attending. If permit or passes are required it must be 1 week prior mailed/emailed before the event. The Client will reimburse Artist for any parking fees, such as a parking garage or meter, incurred while the Artist is providing services to the Client.
Limitations On Artwork & Interaction: Artist will not paint on any part of the body that is not legal to expose, or any place she/he does not feel comfortable painting. Artist will not paint any design or wording that is obscene, offensive or defies good taste. Artist may refuse to paint any symbols or other illustrations that are commonly attributed to “gang” or other illegal group affiliations. Artist will not paint any designs
Artist is not comfortable painting. Fine or Performing Artists are not required to perform any demands asked of or stay in any conditions that they deem unsafe, unhealthy,and/or inappropriate and can refuse service and leave at any time due to the situation and/or these conditions.
Extreme Adverse Working Conditions: Client agrees to provide sheltered area in event of rain, and provide shaded area in extreme heat. Fine/Performing Artist has the right to cease painting/activity and leave without refunding any money if there are extreme adverse working conditions and the Client fails to remedy the situation after it has been brought to the Client’s attention. Adverse conditions included but not limited to: destructive, violent, or extreme; inappropriate behavior of a child or adult; illegal activities; dangerous weather or work environment conditions; dangerous conditions in general. Our company will not cancel but we will agree to a rain date if discussed at least TWO days before day of event. All Artists & Performers must have shade/covering for outdoor events. Any event over 85 degrees Fahrenheit is recommended to be INDOORS in A/C or in a cool shaded area, for the safety of our performers/artists. Smoking of ANY KIND is prohibited around Artists and Performers, due to health issues and costuming. Any damage done to the costuming property of "Art Me Party" by Client, due to the following, but not limited to, second-hand smoke, cigarette stains, & alcohol, will result in and subject to a Dry cleaning or replacement fee to be paid by the Client.
Liability Statement: Artist is not liable for any parties’ allergic reactions to paints. Only FDA compliant & cosmetic grade face painting is used. If glitters are used they will not be applied to eyes or lips. Children with skin allergies or extreme sensitive skin should either not participate or have Artist perform a patch test at the beginning of the party. We suggest all children under the age of 3 should do a patch test before full application. For sanitary reasons, Artist will not paint anyone who is or appears to be sick or suffering from: cold sores; conjunctivitis; any infectious skin condition; eczema or open wounds. Artist will use reasonable care, but is not responsible for damage to clothing or property. Owner & Head Artist, Kirstene Adkins, is fully insured with “Beauty & Bodywork Insurance” with the Great American Insurance Group with full Liability Insurance. To be booked with the artist who is fully insured, please inform Art Me Party
of your request and we will do our best to place you with an artist with the proper liability. For more information on this insurance please visit < http://www.insurebodywork.com >.
Artist will not supervise children. The behavior and safety of all children and adults is the Parents’ responsibility, and not the Fine or Performing Artist(s)’s. Artist cannot see other children and what they are doing while he/she is painting and performing.
Artist agrees to provide services of general face painting using only FDA compliant products on said Agreement dates, with acceptance and timely payment of 50% deposit. For any reason, should Art Me be unable to accommodate your paid booking, or provide a suitable and comparable replacement, a full refund of your deposit will be returned to you or you may receive your next event for the equal amount of time, provided you and the Artist can agree on an available day and time period for the next event and the next event is to occur within a reasonable period of time. In the event that Artist is unable to perform or provide a suitable replacement. Client agrees that a full refund of any amounts paid to Artist will represent a full satisfaction of any and all amounts due from Artist and a demand for the full amount paid to Artist the Client’s full recourse for any and all claims by Client. This means that the Artist is liable to Client for no further claim of damages or other claims of any kind whatsoever, beyond a full refund of any amounts paid by Client to Artist.
Client agrees to pay the full amount of booked time of any and all services. The Client will be responsible for any fees or expenses, including attorney’s fees, incurred in connection with collecting delinquent amounts owed to Kirstene D. Adkins and/or Art Me Party, LLC under this Agreement.
Client agrees to pay the full amount due under this Agreement even if Client actually uses Artist for less time than contracted for. The 50% deposit and the Remaining Balance are both NON Refundable, should Client for any reason cancel or postpone the contracted day or time period. If no deposit is made and the event is canceled the Client agrees to pay the 100% of the Agreed full balance and 50% of the balance will be available to be transferred to a postponement date within 12 months of the original event date.
Art Me will work with you to accommodate an alternate date within 12 Months, although you may not receive your first alternate choice based on prior commitments.
Special Circumstances: If for any reason services by Art Me are unable to be performed due to a 3rd Party involvement (example: Government Order) and NOT a direct cancellation of Art Me Party, LLC, on the event/party date, only 70% of the full balance will be non-refundable and remain as payment for administration services and Artists wages and the remaining of 30% shall be refunded to the Client, if requested. This is only if the event/party will NOT be rescheduled or amount paid will NOT be used for another event/party booking in the remaining time available for rescheduling/postponing.
This Agreement does not go into effect until the 50% deposit is received, all dates and times are agreed upon by both parties as listed on page one of this Agreement and client has signed this Agreement and completed the event booking finalization form.
Items requested for Art Me Party Fine & Performing Artists:
1. Fine Artists need 2 Chairs per artist (with backs), 1 Table per every 2 artists, & (Painters) need access to clean water to rinse & refill.
2. It is requested to please provide someone in charge of keeping order & maintaining children/guests & the Art line that may form. A space of 6 ft. for social distancing purposes is required from the table/Fine Artist/Party Performer, except for the next person(s) in line for interaction. Note: Fine & Performing Artists WILL NOT keep full visuals on children & it is not our responsibility to watch, babysit, &/or keep order when lines & crowding may occur, or to know the where abouts of all guests/children at all times.
3. For Art Activities, when our end time nears please regulate/stop the line, unless you would like to book us for an extended time.
4. For All Outdoor Events, Covering/Shade is Required for all Artists & Performers. For Extreme heat temperatures (above 79 degrees F) we request indoor, air conditioned accommodations, as well as access to drinking water for artists & performers.
NOTE. Summer 2020 COVID 19 requests: All events are to be OUTDOORS or in LARGE OPEN PUBLIC AREAS, such as a wedding reception, dining hall, etc. In home private events will be LIMITED to individual meetings in groups of 6 or less. This is subject to change. Contact to discuss individual needs and expectations.
5. Performers will receive a 5-10 min. Break every 2 hours booked. Please arrange to have a separate room/area away from guests.
6. Physical interaction (hugging, hand shakes, high fives, etc) may be limited or non-existent depending on individual performing artist and event booking preference and situation.
If any of these accommodations/needs cannot be met, please give at least 72 hours notice so we may make arrangements if needed. Thank you so much and we do appreciate you making theses accommodations for us! - The Art Me Party, LLC Team
WAIVER/RELEASE FOR COMMUNICABLE DISEASES INCLUDING COVID-19
ASSUMPTION OF RISK / WAIVER OF LIABILITY / INDEMNIFICATION AGREEMENT
I hereby acknowledge that said organization is doing everything they can to protect the public as well myself as a client. To this extent, I agree to follow Center of Disease Control (CDC) and local health district guidelines for social distancing to reduce the spread of Novel Coronavirus, or COVID-19 and Art Me Party, LLC policies and terms and conditions . These guidelines will request me to conduct six (6) feet of distance between myself, my guests, and patrons of the organization as much as possible. This procedure will also be requested for visitor-to-visitor contact as well to limit exposure.
I agree to utilize surgical masks or improvised masks such as scarves, bandanas, and handkerchiefs to reduce the risk of exposure to myself and others and encourage all my event guests and visitors to do the same. Also a reminder to have all guests remember to wash or sanitize hands after using the restroom, sneezing, and coughing, and before eating or preparing meals, and whenever possible will properly wear and utilize sterile gloves.
In consideration of contracting and/or including Art Me Party, LLC and It’s contractors in any events and activities, the undersigned acknowledges, appreciates, and agrees that:
Participation includes possible exposure to and illness from infectious diseases including but not limited to MRSA, influenza, and COVID-19. While particular rules and personal discipline may reduce this risk, the risk of serious illness and death does exist; and,
I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES or others, and assume full responsibility for my participation; and,
I willingly agree to comply with the stated and customary terms and conditions for participation in conducting such events as regards to my protection against infectious diseases. If, however, I observe any unusual or significant hazard during my event, I will bring such to the attention to Art Me Party, LLC immediately; and,
I, for myself and on behalf of my heirs, event guests, assigns, personal representatives and next of kin, HEREBY RELEASE AND HOLD HARMLESS Art Me Party, LLC their management, contractors, volunteers, employees, other participants, sponsoring agencies, sponsors, advertisers, and if applicable, owners and lessors of premises used to conduct the event (“RELEASEES”), WITH RESPECT TO ANY AND ALL ILLNESS, DISABILITY, DEATH, or loss or damage to person or property, WHETHER ARISING FROM THE NEGLIGENCE OF RELEASEES OR OTHERWISE, to the fullest extent permitted by law
I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IF FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.
Art Me Party, LLC looks forward to making your event special and memorable. We encourage you to contact Kirstene Adkins at 419-306-4723 or firstname.lastname@example.org if you have any question or concerns.
“We will work with you as best we can to accommodate your requests to ensure the participants have a fun and colorful time!”
*I have read, understand and accept the above Liability Statement and the conditions of this Agreement.
I accept the details of this Agreement as accurate.
(Please print this page for your records.)