Event Host Contract
Kidz LLC (dba Pony Party Time)
Equine Event Host Contract
This Equine Event Host Contract is made between “Customer” and Pony Party Time (“Contractor”)
- Purpose of Agreement.
Contractor is in the business of providing entertainment and related services. Customer wishes to hire Contractor to perform such services for Customer and Customer's guests.
2.1. Address and Contact Information for Location.
All services provided by Contractor pursuant to this Agreement will take place at the location (the "Location") chosen by Customer:
2.2. Time and Date.
All services provided by Contractor pursuant to this Agreement will take place on schedule and agreed upon date & time. CUSTOMER may select the date and time required for event. Upon CONTRACTOR approval, the scheduled date and time will be immediately effective. CONTRACTOR is given allowances and buffer time incase of freeway backups, accidents &/or circumstances out of CONTRACTOR control. CUSTOMER will co-operate with such buffer.
2.3. Scouting the Location.
The CUSTOMER is responsible for inspecting the Location to ensure that the Location is suitable for all planned activities, including ample parking and turnaround space for Contractor's vehicles.
2.4. Reserving the Location.
The CUSTOMER is responsible for reserving the Location for the applicable dates and times (including all time required for setup and teardown), and paying all associated fees, including any security deposit, permits, additional(s) onto insurance policy, Licenses, etc that is required by the Location.
2.5. Compliance with Legal and Insurance Requirements.
The CUSTOMER is responsible for ensuring that the activities planned pursuant to this Agreement are compliant with all applicable legal and other requirements applicable to the Location, including but not limited to obtaining permits and providing proof of insurance.
If additional insurance or legal work (such as revision of liability release forms) is required, or addition of named insured parties to Contractor's policy is required, the CUSTOMER shall be responsible for the cost associated therewith.
- Ponies and Horses
Contractor will transport ponies (the "Equines") to the Location. The specific Equines provided by Contractor shall be at Contractor's discretion. Based upon CUSTOMER request.
3.2. Rides and Handling
Contractor may use reasonable judgment in declining to permit guests to come near the Equines and/or ride them. Under no circumstances may any guest feed any Equine any item not explicitly authorized and supplied by Contractor. At Contractor's discretion, guests may be permitted to Pet the Equines, Sit on the Equines for photographs while the Equines are held by Contractor's handler, Ride the Equines, led by Contractor's handler. All participants must wear a helmet. No 2 children on 1 pony at a time. No child under the age of 1 years old may participate.
3.3. Safety Attire
Equines often weigh 1,000 pounds or more and therefore can easily break bones by inadvertently stepping on guests' feet. Therefore, Contractor requires that each guest coming near the Equines must wear enclosed shoes (e.g., no bare feet, flip flops or sandals). If guests are permitted to ride pursuant to Section 3.2, Contractor highly recommends that such guests wear long pants, long sleeves and an ASTM/SEI approved equestrian helmet. Bicycle helmets are inadequate protection for horseback riding. Contractor will provide helmets for guests' use.
- Petting Zoo
Contractor shall also provide the following if petting Zoo is hired for event:
Small Petting Zoo typically includes Goats, Ducks, Chickens, Sheep, Bunny Rabbits
Medium Petting Zoo Same as small zoo plus a specialty animal; such as mini donkey, llama, alpaca or petting Pony.
Larger Petting Zoo typically includes several specialty animals, along with additional smaller animals.Bigger than medium.
Petting Zoo Rules: No Feeding. No Chasing. No Picking Up. No Riding any zoo animal. Only Petting is permitted.
- Payment Terms
&bull To reserve Contractor's services pursuant to this Agreement:
- Customer agrees to pay to Contractor a deposit of $100.00 (the "Deposit") for Birthday Party or small gatherings.
- Customer agrees to pay Contractor full payment within 2 weeks of reservation for larger events such as church, school, fundraiser, nonprofit Organizations, grand openings, and any other event considered “large” by CONTRACTOR.
- Until such time as the Deposit and/or payment is received in full to the Contractor from Customer, the Contractor is not obligated to perform pursuant to this Agreement and is free to make commitments to other parties on the date desired by Customer. The Deposit is non-refundable.
Customer agrees to pay Contractor pursuant to the prices set forth by CONTRACTOR. The Deposit (as defined in Section 6.1) shall be credited toward the total amount due. Customer agrees that Customer must pay Contractor in full prior to the date of scheduled party. Payment must reach contractor 1 week before scheduled event. If payment is not received, CUSTOMER debit/credit card will be charged, including applicable card procession fee t be paid by Customer to Contractor pursuant to this Agreement.
6.3. Payment Methods
Contractor accepts the following payment methods: Cash, Checks ,Cashier's, Checks, Money Orders, Wire Transfers, PayPal, American Express, Discover, Visa, MasterCard. Please Note: Card Processing Fees will be added for card charges.
6.4. Penalty for Dishonored Payment Instruments
If any payment instrument issued to Contractor by or on behalf of Customer is dishonored for any reason, Customer must immediately pay Contractor cash or their credit/debit card on file will be charged immediately in the amount of the payment instrument, plus a fee of $25.00, 4% card processing fee and interest of 6 % on all past due amounts. If the dishonored payment instrument represents any portion of the Deposit, Contractor is not obligated to perform pursuant to this Agreement and is free to make commitments to other parties on the date desired by Customer until the Deposit is paid in full.
If Customer terminates this Agreement at any time, Contractor is entitled to retain the Deposit as compensation for reserving Customer's desired date and time. Upon terminating this agreement, Remaining balance is due immediately to Contractor. CUSTOMER debit/credit Card on file will be processed for final payment, including card processing fee. If credit/debit card declines, ‘CUSTOMER will be sent to collection(s) and be responsible for any and all costs associated with the collection of payment, additional fee’s, court costs, and CONTRACTOR legal fee’s. Contractor has a strict NO CANCELLATION Policy. RESCHEDULING is only permitted due to inclement weather or base by base incident. Rescheduling fee of $50 will be applied. Full Balance is payable to CONTRACTOR immediately upon rescheduling; or CUSTOMER debit/credit card on file will be charged.
- Schedule and Location Changes by Customer
The following provisions shall apply to changes requested by Customer in the date, time or Location of the services to be provided by Contractor in the event of Inclement weather &/or other unforeseen circumstances. Customer must notify Contractor of any desired changes in writing via email to firstname.lastname@example.org & Kidzllc@outlook.com Upon receipt of notice from Customer of the desired changes, Contractor will determine Contractor's availability and reply back to Customer. Until such time as Customer receives confirmation of Contractor's availability at the new Location, date and/or time, Contractor is not obligated to perform at such new Location, date or time. In the event that Contractor is unavailable to perform at the new Location, date and/or time desired by Customer, the parties shall mutually agree upon an alternate Location, date and/or time. If the parties are unable to agree upon a new Location, date and/or time then the Contractor shall retain the Deposit as compensation for reserving Customer's original desired date and time and Full payment is payable to Contractor immediately in the event of cancellation or rescheduling. Card on file will be charged.
- Schedule Changes by Contractor
From time to time, unforeseen circumstances may force Contractor to cancel or delay performance pursuant to this Agreement or to select an alternate Location. As soon as Contractor is aware of a potential cancellation, delay or Location change, Contractor shall notify Customer. If Contractor must cancel the services, delay the services by more than one hour past the scheduled start time, or move the Location, Customer may, at Customer's option, cancel the services altogether or agree with Contractor upon an alternate time, date and/or Location for performance. If the services are cancelled Contractor shall retain the Deposit as compensation for reserving Customer's original desired date and time.
- Weather Delays and Cancellations
From time to time, weather may prevent, delay or curtail Contractor's performance pursuant to this Agreement. For example, Contractor will not provide outdoor services during an electrical storm. Contractor shall be entitled to use reasonable judgment in determining whether weather conditions warrant the cancellation, delay or curtailment of performance pursuant to this Agreement. As soon as Contractor is aware of a potential cancellation, delay or curtailment, Contractor shall notify Customer. If the services must be cancelled or delayed due to weather, Customer and Contractor will mutually agree upon an alternate time, date and/or Location for performance. Curtailed performance will result in a proration of fees due to Contractor, reflecting the time period during which services were provided. If the parties are unable to agree upon a new Location, date and/or time, the Contractor shall retain the Deposit as compensation for reserving Customer's original desired date and time. The Contractor shall promptly charge Customer debit/credit card for remaining money owed to Contractor. Other: Cancellations or Rescheduling will be refunded. Full payment for services must be paid whether preformed or not.
- Liability Release Forms
Contractor shall provide Customer with forms of liability release in advance of the event, and Customer shall be solely responsible for ensuring that each guest (and in the case of minor guests, such guests' parent or guardian) executes and delivers a release form to Customer prior to the start of the event. Before the start of the event, Customer shall provide copies of all such executed releases to Contractor. Contractor will provide waivers for birthday party events.
- Customer's Indemnification Agreement
Customer agrees to defend, indemnify and hold Contractor and Contractor's owners, officers, directors, family members, employees and agents (collectively, the "Contractor Parties") harmless against all claims, demands and causes of action, including costs and attorneys' fees, directly or indirectly arising from any action or other proceedings brought by or prosecuted for the benefit of Customer or any of Customer's heirs, successors, assigns, guests, employees, family members or agents (collectively, the "Customer Parties") or brought by others against the Contractor Parties in connection with services performed pursuant to this Agreement, or any action or inaction taken by the Customer Parties.
- Limitation of Contractor's Liability
Under no circumstances shall the Contractor Parties, or any of them, be liable to the Customer Parties, or any other parties, for any special or consequential damages pursuant to this Agreement. In addition to the other limitations on the Contractor Parties' liability set forth in this Agreement, under no circumstances shall the Contractor Parties' liability pursuant to this Agreement exceed the total amount of compensation actually received by Contractor pursuant to this Agreement.
14.1. Form of Notice
Notices given pursuant to this Agreement must be in writing to the addresses below and delivered via a method that provides evidence of receipt, such as Federal Express. Email shall not be considered effective notice unless acknowledged by the receiving party.
14.2. Notice to Contractor
All notices must be delivered to CONTRACTOR at the address provided by CONTRACTOR upon request by CUSTOMER.
14.3. Notice to Customer
All notices must be delivered to Customer at the address provided by CUSTOMER upon request by CONTRACTOR:
14.4. Changes in Contact Information
Until all obligations under this Agreement are completed, each party shall have the duty to notify the other parties immediately upon a change in contact information. If a party does not provide the other parties with notice of such changes, a notice delivered to the last contact information given under this Agreement shall be considered proper notice provided that the other conditions of this section have been met.
- Assignment or Transfer
No party may assign or transfer this Agreement without the prior written consent of the other parties.
- Entire Agreement
This Agreement contains the entire agreement among the parties with respect to the subject matter of this Agreement. Except with respect to the prices set forth in Attachment A, any modifications or additions must be in writing and signed by all parties to the Agreement. No oral modifications will be considered part of the Agreement unless reduced to writing and signed by all parties.
- Governing Law and Venue
This agreement shall be governed by the laws of Nevada (state). The parties hereby agree that any legal action under the Agreement must be brought in Clark County, Nevada (state).
- Attorneys' Fees and Other Expenses
In any legal actions brought in connection with this Agreement, the prevailing party(ies) will be entitled to prompt payment of expenses from the other party(ies) following final adjudication in favor of the prevailing party(ies). For the purpose of this section, 'expenses" will include the following costs actually incurred by the prevailing party(ies): Attorneys' fees, retainers, court costs, transcript costs, fees of experts, witness fees, travel expenses, duplicating costs, printing and binding costs, telephone charges, postage, delivery service fees and all other disbursements.
If any provision of this Agreement or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this Agreement which can be given effect without the invalid provision or application. In lieu thereof there shall be added a provision as similar in terms to such illegal, invalid and unenforceable provision as may be possible and be legal, valid and enforceable.
4.1. Zoo Animals Contractor will make the following animals (collectively, the "Zoo Animals") available for guests to pet. Under no circumstances may any guest feed any Zoo Animal any item not explicitly authorized and supplied by Contractor. Contractor may substitute Zoo Animals at Contractor's discretion depending upon availability, weather or other factors. Typically including goats, sheep, mini donkey, llama, alpaca, bunny rabbits, ducks and chickens.
Upon the receipt of paid deposit to CONTRACTOR from CUSTOMER, the CUSTOMER constitutes payment as legal agreement to uphold this contract agreement (Host Contract). CUSTOMER acknowledge and agree to the Terms and Policy set forth by CONTRACTOR, including but not limited to, CONTRACTOR’S No Cancellation Policy, Payment Procedures, and Rescheduling policy and fees.