By clicking "Agree" on the Invoice and/or making payment you indicate that you have completely read and concur with the terms of this Agreement. You attest that you are of legal age and mental state to enter into a contract. You acknowledge that you have the legal authority through title to enter into this agreement, including the authority to bind the Client, the Agency/Company, the Customer if Agent, and the Venue. If you do not have authority, you agree to be personally responsible under this agreement. You acknowledge that Madcap Entertainment is not obligated to provide services without a signed contract and payment has been received per the terms set forth herein. Lastly, clicking "Agree" and/or making payment, you acknowledge that it will be recognized as a legal binding signature.

WE HEREBY PROPOSE TO PROVIDE SERVICE(S) AS INVOICED.

PAYMENT TERMS

Payments may be made by cash, check, credit/debit card, or ACH withdrawal. Personal checks must include Name, Current Address, Phone Number, Driver’s License Number and Expiration Date.

For Private Clients: Please plan to surrender payment in full at time of scheduling.

For Business Clients and Schools: For all total balances under $500, please plan to surrender payment in full at the time of scheduling. For all balances over $500, please plan to surrender 50% of the event total at time of scheduling to be held as a Non-Refundable Reservation Fee. Then plan to surrender outstanding balances no later than seven (7) calendar days prior to the event.

-In the event that a check is returned without payment, Client will be charged a $25.00 Returned Check Fee and an equal amount of the fees assessed to Madcap Entertainment by the depository institution. This is in accordance with Missouri Law (Section 570.120). This agreement will be terminated if payment is not received in the form of cash or money order within 10 days notification or 24 hours prior to the start of the event, whichever comes first. Madcap Entertainment reserves the right to seek any and all legal remedies in accordance with and under the jurisdiction of Cass County, Missouri in the event that timely payment is not received.

REFUND / CANCELLATION:

Cancellation notices must be submitted in writing via email to kandi@madcapbrushworks.com. In the event of a cancellation, Madcap Entertainment retains the right to apply fees as follow:

- For cancellations no later than seven (7) business days prior to the event – 100% of all monies paid will be applied to cover expenses incurred for the preparation of the event, which includes but is not limited to: cost of materials, operating costs & lost wages. We will allow for a one (1) time reschedule of your event at your request provided that a new date is provided within fifteen (15) calendar days of the cancellation notification and the new event date is within the same calendar year. Please note: Madcap Entertainment will make every effort to accommodate date changes to your event. We reserve the right to change artists and/or services provided based on availability as part of our efforts.

- For cancellations within 48 hours of the event – 100% of all monies paid will be applied to cover expenses incurred for preparation of the event, which includes but is not limited to: cost of materials, operating costs & lost wages. No option to reschedule will be made available.

RAIN DATES

Client acknowledges that Madcap Entertainment treats “Rain Dates” as a separate request for services and will schedule, invoice, and contract accordingly.

OVERTIME

The Client, a Representative from Madcap Entertainment, and the Artist must mutually agree to continue services beyond the contracted time at a rate of $75.00 per 1-to-30-minute block. Agreement must be reached prior to the completion of the contracted services. Payment for overtime will be made directly to Madcap Entertainment electronically at the time of agreement. Extension of time can only be made once for the whole of the event.

BALLOON ORDER CHANGE REQUESTS

A design change fee of a minimum of 10% of the new total will apply to changes made within 72 hours of the scheduled delivery date. Fees may vary depending on the extent of the change.

COST TO COMPLETE JOB

Setup/Staffing/Breakdown included in complete estimated cost.

MATERIAL GUARANTEE

All materials are guaranteed to be as specified by the manufacturer. If a supplier discontinues a product or the manufacturer changes material types, Madcap Entertainment reserves the right to make any last-minute changes (at our discretion based on availability of materials at the time of the event). We reserve the right to substitute an item of like kind and quality.

SECURITY, HEALTH, AND SAFETY

The Client warrants that the Venue will be of sufficient size to safely conduct the Event, that the Venue is of stable construction and sufficiently protected from the weather, and that there will be adequate security and/or emergency medical responders available if foreseeably necessary. The Client agrees to intervene immediately upon notification of a threat to the security, health and/or safety of the Entertainer(s)/Decorator(s) provided by Madcap Entertainment by the Client’s representative(s), guests, or site staff. If resolution cannot be reached to the Entertainer(s)/Decorator(s) satisfaction, Client understands that the Entertainer/Decorator may discontinue services and leave the Event/Venue and there will be no discount, credit, or refund provided to the Client for unfulfilled time. If the threat is made by the Client, the Entertainer(s)/Decorator(s) will have the right to discontinue services and leave the Event/Venue without notice and there will be no discount, credit, or refund to the Client for unfulfilled time.

OUTDOOR EVENTS

Sunshine, Wind, and other atmospheric conditions dramatically affect Madcap Entertainment ability to provide services and/or affect balloon décor. The Client should have a secondary plan to include an indoor location.

ACCIDENT CLAUSE

Madcap Entertainment, its staff and representatives, are not responsible for damages, accidents, or injuries that are caused by mischief or mishandling by the Client, guests, or site staff. Client assumes all responsibility for damages, accidents, or injuries that are caused by the mischief or mishandling by the Client, guests, or site staff to Madcap Entertainment, its equipment, representatives, and staff.

SAFETY WARNING AND DISCLAIMER FOR BODY ART SERVICES

The Client hereby agrees to hold harmless and without liability, Madcap Entertainment, and all principles, owners, and/or representatives for an allergic reaction to its products. Including but limited to, reactions and their outcomes both short term and long term to the cosmetics and its pigments, hygiene and sanitation products, and the application device materials. While Madcap Entertainment makes effort possible through product and practice to prevent allergic reaction, the potential is possible.

Please inform Madcap Entertainment of known food, skin, and latex allergies prior to the event. Please, do not allow guests to put the latex balloons into their mouths. Be aware that some children and adults have allergic reactions to latex and should refrain from having contact with the latex balloons.

SAFETY WARNING AND DISCLAIMER FOR BALLOON RELATED SERVICES

DO NOT allow anyone to inhale helium from the filling equipment or from balloons! Inhaling helium gas directly from a high-pressure tank or inflated balloons can cause dizziness, drowsiness, loss of consciousness or other serious injury. Popping balloons can cause eye or other injuries. Protective gear, including eye shields, should be worn. The Client is responsible for supervising all use, and preventing all misuse of helium, balloons, equipment, and material related to the event.

Client hereby agrees to hold harmless and without liability, Madcap Entertainment, and all principals, owners, or representatives from any of the following:

Helium inhalation or injury from lack of oxygen, slipping on broken balloons, latex allergies, children having access to balloons before, during, or after events, children putting balloons in their mouths and choking, eye/facial/bodily injuries from popping balloons. Heart attacks from popping balloons, hearing loss due to popping balloons, lesions, abrasions, suffocation, choking, loss of sight, loss of hearing, dizziness, drowsiness, loss of consciousness, broken body parts, death or any other personal property damage caused or alleged to have been caused by popping balloons, or damage to swimming pool filtration systems caused by broken balloons.

FORCE MAJEURE

Madcap Entertainment shall be excused from any delay or failure in performance required hereunder if caused by reason of any occurrence or contingency beyond its reasonable control, including, but not limited to, acts of God, acts of war, fire, insurrection, strikes, lockouts or other serious labor disputes, riots, earthquakes, floods, explosions, or other acts of nature.

LIMITATION OF LIABILITY

The Client acknowledges and agrees that Madcap Entertainment will not be liable for any losses or damages, whether indirect, incidental, special or consequential, in profits, goods or services, irrespective of whether the Client has been advised or otherwise might have anticipated the possibility of such loss or damage.

NO GUARANTEE

The Client acknowledges and agrees that Madcap Entertainment cannot guarantee the results or effectiveness of any of the services rendered or to be rendered. Rather, services shall be executed in a professional manner and in accordance with good industry practice. Best efforts will be used but no results are promised.

INFECTIOUS DISEASE PRECAUTIONS

The Client acknowledges that Madcap Entertainment cannot perform services on faces when government ordered mask mandates are in place and understands that Madcap Entertainment reserves the right to substitute in another service based on current CDC recommendations. The Client further acknowledges that Madcap Entertainment cannot work in close proximity to those that are exhibiting symptoms of illness, no matter how minor. Lastly, the Client acknowledges that Madcap Entertainment takes every precaution to mitigate the spread of illness through practice and procedure and agrees to release Madcap Entertainment, it agents and representatives, of all liability in the event that the Client or a guest becomes ill due to participation in said event and/or activities.

DISPUTE RESOLUTION

Any disputes arising under this Agreement shall be governed by and interpreted according to the laws of the State of Missouri, with venue exclusively in Cass County.

SEVERABILITY

If any portion of the Agreement conflicts with any applicable law, such portion will become inoperative, but all other portions of the Agreement will remain in force.

INTERPRETATION

The Agreement will be interpreted according to the laws of the State of Missouri, and Cass County.

By clicking "Agree" on the Invoice and/or making payment you indicate that you have completely read and concur with the terms of this Agreement. You attest that you are of legal age and mental state to enter into a contract. You acknowledge that you have the legal authority through title to enter into this agreement, including the authority to bind the Client, the Agency/Company, the Customer if Agent, and the Venue. If you do not have authority, you agree to be personally responsible under this agreement. You acknowledge that Madcap Entertainment is not obligated to provide services without a signed contract and payment has been received per the terms set forth herein. Lastly, clicking "Agree" and/or making payment, you acknowledge that it will be recognized as a legal binding signature.