GigOrganizer - Kids Entertainer Contracts
Professional contracts for kids entertainers with safety protocols, parent communication guidelines, and clear payment terms.
KIDS ENTERTAINMENT SERVICE AGREEMENT
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1. PARTIES
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Entertainer: ___________________________ ("Entertainer")
Client: ___________________________ ("Client")
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2. EVENT DETAILS
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Service Type: Face Painting
Event Type: Birthday Party
Date: ___________________________
Arrival: 15 minutes before start
Venue: ___________________________
Location: Indoors
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3. SERVICE DETAILS
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Estimated Children: 10-15
Age Range: 3-10 years
Services Included:
- Face Painting
Maximum Served Simultaneously per Entertainer or Service Station: 1-2
MATERIAL AND PRODUCT DISCLOSURES (ENTERTAINER-PROVIDED FACTS):
- Latex-free materials: Not represented
- Hypoallergenic products: Not represented
- Glitter: Included
CREDENTIAL AND INSURANCE DISCLOSURES (ENTERTAINER-PROVIDED FACTS):
- Background check on file: Not represented
- CPR certified: Not represented
- Liability insurance: Not represented
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4. COMPENSATION
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Service Fee: $200.00
Deposit: $50.00 (25%) - Upon booking
Balance: $150.00 - Day of event
Payment Methods: Cash, Venmo, Zelle
Overtime Rate: $50/30 minutes
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5. CANCELLATION POLICY
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- Client cancellation 45 days or more before event: Deposit earned by Entertainer; no additional fees.
- Client cancellation fewer than 45 days before event: Full performance fee due.
- A request to postpone, reschedule, materially change the date, or move the performance to a new date is treated as a cancellation unless Entertainer agrees in writing to apply some or all prior payments to a new date. Any rescheduled event requires written confirmation and may require a new agreement, new deposit, and/or price adjustment. Likewise, a change in location may require a price adjustment, to be negotiated in good faith.
- Entertainer may, in Entertainer's sole discretion, waive or reduce cancellation amounts, apply payments to a future booking, or decline to pursue amounts otherwise due. Any such waiver must be in writing and applies only to that specific booking.
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6. SUPPLEMENTAL TERMS
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a) Payment and Compensation
Client shall make payment via accepted methods specified in the Payment section of this Agreement, payable to Entertainer or Agent (as agreed), subject to any payment schedule set forth in Section 4 of this Agreement. If Section 4 does not specify a different payment schedule, payment is due immediately after completion of the performance(s), unless otherwise agreed to in writing by both parties. Full payment in advance is also acceptable.
b) Force Majeure
Force majeure applies only where performance is prevented or made unsafe by circumstances beyond the reasonable control of the affected party, such as severe weather, natural disaster, epidemic or public health emergency, government order or restriction, venue closure, serious illness or injury, civil unrest, interruption of essential transportation, or comparable emergency. Ordinary weather concerns, seasonal temperature changes, client preference, anticipated discomfort, or voluntary cancellation of the event do not constitute force majeure unless both parties agree in writing.
The affected party shall notify the other party as promptly as practicable. If a force majeure event prevents performance, the parties will make reasonable efforts to reschedule in good faith. A rescheduled date may require a price adjustment to reflect the market value of the new date, to be negotiated in good faith. If rescheduling is not feasible within 90 days of the original date, either party may terminate this Agreement by written notice. Any refund or credit will be determined under this Agreement after accounting for reasonable non-recoverable expenses already incurred by Entertainer (such as travel, equipment rental, or rehearsal costs) and work already performed.
c) Sickness and Accidents
If Entertainer is unable to perform due to illness, injury, or medical emergency, Entertainer shall notify Client as soon as reasonably practicable. Entertainer may offer a qualified substitute performer or ensemble of comparable caliber, subject to Client's reasonable approval. If no suitable substitute is provided or accepted, any deposit paid shall be returned, and neither party shall have further liability.
d) Recording and Use of Recording
Entertainer shall retain all rights, title, and interest in and to any audio or video recordings of Entertainer’s performance, whether made by Client or any third party. In order to protect the privacy and interests of both Client and Entertainer, no audio or video recordings of the performance shall be made by Client, guests, or any third party without the prior written consent of both parties. Client shall make reasonable efforts to discourage unauthorized recording by guests or third parties, including verbal announcements where appropriate. No commercial use, licensing, sale, sponsorship, broadcast, public exhibition for profit, or other exploitation of the recordings shall be permitted without Entertainer’s prior written consent and, where applicable, a separate written agreement addressing compensation and terms of use. Nothing in this Agreement shall be construed as transferring any ownership or intellectual property rights in or to such recordings or the underlying performance.
e) Equipment Protection
Client will take reasonable care of Entertainer's instruments, equipment, and gear while they are at the venue or otherwise in Client's care. If that equipment is lost, stolen, or damaged because of something Client — or Client's employees, agents, contractors, invitees, or guests, or venue staff arranged by Client — does or fails to do, or because Client did not provide the access, storage, security, power, or environmental conditions agreed in this Agreement, Client will cover the reasonable cost to repair it, or to replace it with comparable equipment (less any salvage value) if it cannot reasonably be repaired.
Client will also pay Entertainer's reasonable, documented costs to rent or obtain reasonably comparable substitute equipment during the shortest commercially reasonable repair or replacement period. Except as expressly provided in this section, this section does not cover lost income or other indirect losses. Neither an aggregate-liability cap nor a damages exclusion elsewhere in this Agreement limits amounts payable under this section.
Entertainer shall provide reasonable documentation of the amount of the loss and of the circumstances reasonably known to Entertainer, and shall take reasonable steps to mitigate the loss. Insurance or third-party benefits reduce the amount paid directly to Entertainer only to the extent applicable law requires; they do not reduce Client's underlying liability or impair any lawful subrogation or reimbursement right. Entertainer may not retain more than full compensation for the same loss after applicable reimbursement and subrogation rights are satisfied.
f) Independent Contractors
Entertainer acknowledges that it is an independent contractor and not an employee of the Client, and shall be responsible for all applicable taxes. Client shall control the time and division of the performance, while Entertainer shall control the manner, means, and details of the performance.
g) Assignment, Entire Agreement, Governing Law, Jurisdiction
This Agreement may not be assigned or transferred by Client without the prior written consent of Entertainer. Entertainer may assign performance obligations to a qualified substitute performer or ensemble with Client's prior consent, which shall not be unreasonably withheld. This Agreement constitutes the entire understanding between the parties and supersedes any prior agreements or representations, whether written or oral, relating to the subject matter herein. No modification or amendment shall be valid or enforceable unless made in writing and signed by both parties. Any dispute arising out of or relating to this Agreement shall be brought exclusively in the state or federal courts located in California, and the parties hereby consent to the personal jurisdiction of such courts.
h) Severability
If any provision of this Agreement, or the application of such provision to any person or circumstance, is held to be invalid or unenforceable, the remainder of this Agreement, and the application of such provision to persons or circumstances other than those to which it is held invalid or unenforceable, shall not be affected. All remaining provisions shall continue in full force and effect, and to this end the provisions of this Agreement are declared to be severable.
i) Limitation of Liability
Except for the claims and obligations listed below, each party's total liability arising from this Agreement is limited to the total compensation stated in it, and neither party is liable for indirect, incidental, consequential, special, exemplary, or punitive damages, or for lost profits, revenue, business opportunities, goodwill, or reputation. These limits do not apply to: (a) amounts the Client is expressly required to pay under this Agreement; (b) indemnification or Equipment Protection obligations actually included in this Agreement; (c) fraud, gross negligence, reckless or willful misconduct, willful injury, or violation of law; or (d) compensatory damages, including past and future lost earnings and lost earning capacity, recoverable under applicable law for death or bodily injury for which a party is legally responsible. Nothing in this section creates liability or limits liability that cannot lawfully be limited.
j) Dispute Resolution
Any dispute arising out of or relating to this Agreement shall first be submitted to good-faith negotiation between the parties. If the dispute is not resolved within fourteen (14) days of written notice, either party may initiate non-binding mediation administered in the county of Entertainer's principal residence, with costs shared equally. If mediation is unsuccessful or waived by mutual written consent, either party may pursue any remedy available at law or in equity in a court of competent jurisdiction in the state specified in the governing law provision of this Agreement.
k) Non-Waiver
The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver of such provision or the right to enforce it at a later time. All waivers must be in writing and signed by the waiving party to be effective.
l) Child Supervision and Service-Area Safety
Client shall ensure that one or more responsible adults, each at least eighteen (18) years old and sufficient in number for the number and ages of the children present in the service area, remain present and continuously supervise those children while the services are being provided. Entertainer is engaged solely to provide the entertainment services described in this Agreement, is not engaged to provide childcare or custodial care, and does not assume custody of any child or Client's responsibility for general supervision. Any direction of or interaction with a child reasonably incidental to the services does not transfer that supervisory responsibility to Entertainer. This allocation of supervisory responsibility does not limit Entertainer's duty to exercise reasonable care in providing the services. Before the services begin, Client shall inform Entertainer of any allergy, sensitivity, or other condition actually known to Client and reasonably relevant to the selected services or materials. Client shall provide a safe and clean service area with lighting, seating, and space reasonably appropriate for the selected services. This section does not create any independent indemnification obligation. Any liability arising under this section remains subject to the Limitation of Liability section and any indemnity obligations otherwise included in this Agreement. Nothing in this section limits or waives any liability, right, or responsibility that cannot be limited or waived under applicable law.
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SIGNATURES
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- Entertainer: TBD
- Client: TBD