Terms and Conditions

Terms and Conditions
Simply Smiles Limited

Thank you for choosing Simply Smiles Limited (“Simply Smiles” or “we” for short) to provide entertainment services (the “Services”) for your event! So that we can all enjoy the event and focus on providing fun and safe entertainment for your guests, our offer of the Services is subject to these Terms and Conditions (the “Terms”).

Please make sure you read and confirm these Terms carefully; they include a lot of important details about what is and is not included, how we provide our Services, and how we expect you to pay for the Services. They also describe how we will resolve any questions or disputes that might come up (just in case)!

When you book Services and pay your deposit, you are agreeing to be bound by these Terms.

Simply Smiles Performers:

Simply Smiles uses a team of talented and reliable performers to bring the smiles, which may include the owner of Simply Smiles, employees of Simply Smiles, or other subcontractors (together, the “Performers”). Although we appreciate requests for certain Performers, we cannot guarantee the presence of a particular Performer, and you authorize us to send a substitute or different Performer to provide the Services. You understand and agree that some Performers may be subcontracted by Simply Smiles to provide the Services.

The Performers for Simply Smiles have experience with young humans, and will make efforts to encourage their participation and to provide opportunities for them to enjoy the Services. However, we cannot guarantee that all of the guests will want to participate or will enjoy the Services!

Event Coverage, Scheduling:

The hours of coverage for your Services are consecutive, and include time (if any) spent traveling between locations.

Your booking is not confirmed until your deposit has been paid in full.

You can request increases in the length of Services or number of Performers at any time, but if the request is submitted after you have agreed to a level of Services with Simply Smiles, there is no guarantee that Simply Smiles will be available or able to accommodate your requests for Services beyond those originally scheduled. Any additional services or modifications would be subject to Simply Smiles’ availability and current pricing at the time of the request to add to or modify the Services.

Because Simply Smiles has reserved time and allocated resources for the day of your event based on the level of Services in the original order, Simply Smiles reserves the right to decline requests to reduce the level of Services provided.

Please make any requests as soon as possible!

Occasionally, events run behind schedule, and you may not be ready for us to provide the Services at the originally scheduled time. If the Performers have availability to stay beyond the originally scheduled time, we may request your approval for extended coverage. If the Performers do not have availability to stay beyond the originally scheduled time or we do not receive your approval for the extended coverage, our Performer(s) will depart the event at the scheduled end time, and you will remain responsible for the entire amount of the agreed fees for the Services.

For extended coverage on the day of the event, Simply Smiles will bill you at the agreed upon hourly rate in 0.25 increments for the additional time beyond the scheduled end time.
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Location and Travel:

The price you have been given includes travel to the event location originally provided to Simply Smiles. Changes to the event location are subject to availability of Performers and may incur additional travel fees. A custom price quote is required for any travel further than 30 minutes from Denver, Colorado, based on anticipated traffic conditions.

Payments:

You understand that your initial deposit is nonrefundable, as it serves to reserve Simply Smiles’ availability for the event, and may require Simply Smiles to turn other potential clients away. Simply Smiles will invoice you for the remainder of the fees for the Services after delivery of the Services, and you agree to pay all invoiced amounts within thirty (30) days after receipt of the invoice.

You can pay via credit card, check, Venmo, or as otherwise agreed by Simply Smiles.

A late fee of 3% per month of the unpaid amount will be applied to invoices that are not paid within thirty (30) days of receipt; provided, however, that to the extent such late fee is deemed interest it shall not exceed the maximum amount permitted under applicable law. You will be responsible for collection costs incurred by Simply Smiles to obtain your payment, including Simply Smiles’ reasonable attorneys’ fees in such collections.

Tipping:

 

Our Performers are well compensated and gratuities are not required. But if you feel you received exceptional service, you’re welcome to add a gratuity for the Services. Any gratuity received would go only to the Performer.

Your Responsibilities:

You must be at least eighteen (18) years old and able to enter into binding legal contracts to book the Services.

You will remain responsible at all times for the supervision and direction of guests at the event, including any minors that are present. The Performer is on site for the sole purpose of providing the Services, and not for supervising minors or other guests, or ensuring their safety.

You must provide an event coordinator or point of contact for the Performer who is available throughout the event. The coordinator or point of contact is responsible for making any day-of financial decisions, time-based decisions, and for ensuring that the environment at the event meets the requirements of these Terms. If no separate event coordinator is identified prior to the event, the Performer will address any issues or questions to the person that booked the Services.

You must provide a reasonably accurate head count for the event at the time of booking, and notify Simply Smiles if there are any significant changes in the number of guests so that Simply Smiles can allocate the appropriate resources, materials, supplies, and performers to the event. If your original scheduling with Simply Smiles includes the maximum number of guests, Simply Smiles will make a good faith effort to accommodate extra guests, but may be unable to accommodate additional persons or may require an additional per-guest fee to accommodate the larger number of guests present. Simply Smiles will include the additional per-guest fee on the invoice for the Services and you agree to pay any such fees for additional guests present at the event.

Face paint, balloon animals, and other aspects of our Services – not to mention the Performers themselves – do not do well in the direct sun. As a result, you are required to provide a shady area with enough space for the Services. (Trees can work just fine for this!)

You are responsible for providing a safe environment for the Performer(s) who are providing the Services. You are responsible for your behavior and the behavior of other guests at the event, any and all animals that are onsite at the event, and for the general condition and any dangers present at the premises where the event is held. If the Performer experiences any inappropriate, threatening, hostile or offensive behavior from any person at the event, or is subjected to aggressive, uncontrolled or unsecured animals at the site of the event, or dangers or unacceptable risks resulting from the condition of the premises where the event is held, the Performer will notify the event coordinator (or you) and may require that the offending person leave the event, that the offending animal leave or be secured, or that any other danger on the premises be remediated. If the behaviors or risks are severe or ongoing, the Performer will end the Services immediately, and will leave the event. You will not be entitled to a refund or for any damages for incomplete Services if the Performer leaves for these reasons, and you will be responsible for paying the balance due for all Services upon receipt of the invoice from Simply Smiles.

You are also responsible for securing a location that is reasonably safe and dry for the Services, and sheltered from the elements. We recommend having an available indoor or sheltered alternative if you are planning an outdoor event, because rain and/or high winds can make performing the Services outside unsafe (or unenjoyable!) for the Performer and for the guests. If the Performer determines that the conditions at the time of the event are unsafe or unsuitable for providing the Services, and no sheltered substitute is available onsite, the Performer may postpone or delay the Services to a later time within the scheduled event (if the weather condition is expected to resolve). If there is not a safe, sheltered place for the Performer and/or the guests to wait for an improvement in the weather conditions, the Performer will leave the event immediately. You will not be entitled to a refund for damages or incomplete Services if the Performer postpones or leaves the event due to weather conditions as described in these Terms.

You will cooperate with the Performer in providing the Services and assist in the wrangling of guests at the event to the location and general area where the Performer will provide the Services. You will also assist and cooperate with reasonable requests made by the Performer to facilitate the provision of Services. Simply Smiles and the Performer are not responsible for Services not provided or as a result of your or your guests failure to provide reasonable cooperation or assistance to the Performer. The Performer will provide opportunities to view and participate in the Services. Notwithstanding the foregoing, you understand that any participation in any particular activity suggested by the Performer is at all times voluntary.

You agree to comply with any applicable laws and regulations at all times, including without limitation, restrictions on the use of public lands, permitting requirements, licensing, and public health orders.

Although we understand that young guests are prone to the sniffles, you agree to limit the event to individuals who are not displaying symptoms or signs of potentially serious communicable illnesses – such as fevers, severe congestion, respiratory infections, headaches, sore throats, unexplained or contagious rashes, etc.

Model Release; Publicity:

Simply Smiles may take photographs, videos, or other recordings of the Performer providing Services at the event, which may include guests at the event. Unless you notify Simply Smiles of your request not to have such photographs, videos or recordings made public prior to the event, you grant Simply Smiles the right to use such images or recordings for any legal purpose, including advertising, or promotion of Simply Smiles without compensation or the right to approve the images or recordings, their use, or any text that may be created or appear in connection with the images or recordings.

We do not publish pictures, videos, or recordings that include faces or readily identifiable features of minors at the event without specific approval from the parent or guardian of the minor, and will not publish any pictures, videos, or other recordings which include the address of an individual’s home.

Unless otherwise agreed in writing at the time of arranging the Services, you grant to Simply Smiles the right to include your name and general information on Simply Smiles’ list of clients, for internal and external uses, and the right to use your name and logo, if applicable, in sales and marketing collateral or presentations.

This release applies to you and to any minors for whom you are legally responsible.

Intellectual Property:

Our Services are fun, but they are also our protected intellectual property! We shall have and retain title to and ownership of all proprietary rights in any and all content included in the Services, even if the Services are designed or developed specifically at your direction. The Services will not be considered, in whole or in part, to include “works made for hire” as defined under U.S. Copyright law.

Under these Terms, we grant to you a limited, non-transferrable, non-exclusive license to have the Performer perform the Services at the agreed-upon location, in front of the agreed-upon number of guests for entertainment purposes, only. This license does not include any license or otherwise authorize you to use, display, or present any musical compositions, whether in connection with the Services or otherwise. You do not have our permission to photograph, record, stream, or otherwise capture the Services without the express written consent of Simply Smiles, or to recreate or perform the Services on your own. You understand that the Performer may request that you stop taking and/or immediately delete any unauthorized photographs or videos, and you agree to cooperate with any such requests.

If there are any items or materials that you are providing to us or to the Performer to include in the Services, including without limitation photographs or music, you will retain responsibility for any copyright or other proprietary interests in that material and for any claims of violations of copyright or other proprietary rights with respect to that material.

Cancellation, Rescheduling, Change of Location:

Once you have scheduled your event, if you wish to change the date, location, or otherwise cancel the Services, the initial deposit remains non-refundable. However, we will do our best to provide full refunds for Services canceled (a) more than 30 days prior to the scheduled event and (b) within 7 days of the original booking.

If you provide notice of rescheduling or change of location more than thirty (30) days prior to the scheduled event, your deposit can be applied toward the rescheduled event date and location, if the rescheduled event date is within six (6) months of the originally scheduled event date and the rescheduled location is at a similar distance to the originally scheduled event. Any rescheduling or relocation will be subject to Simply Smiles’ availability and then-current pricing. Rescheduling to a date that is outside of the six (6) month window, a location outside the permitted travel range, or where the notice is provided less than thirty (30) days prior to the originally scheduled event, will require payment of a separate nonrefundable initial deposit.

Refunds:

Due to the subjective nature of providing the Services and entertainment in general, Simply Smiles cannot offer refunds solely on the basis of your dissatisfaction. Simply Smiles and its Performers intend to deliver Services consistent with Simply Smiles body of work, and up to the high standards that Simply Smiles prides itself on providing, which you have had an opportunity to discuss and review prior to scheduling Simply Smiles’ Services. Your dissatisfaction does not constitute a breach of contract if Simply Smiles has provided the scheduled Services, subject to the constraints of the circumstances of the event day, location and guest participation, timeline, and nature of the event and the event location.

General Disclaimers:

Sometimes, in providing Services (especially to kids!) things can get a little messy. Balloons may pop startling attendees and resulting in small fragments of balloon material. Face paint may stain clothes, furniture, carpets, or Aunt Janice. Sticky or melty or sugary candy may get all over and cause attendees to get a little over-excited. Toys break, balloons pop, paint smears, and kids cry. These are all potentially messy, but reasonably expected outcomes, and are also your sole responsibility! Simply Smiles will have no liability for any of these expected outcomes from hosting an event or a party with balloons, candy, face paint, and fun!

In some packages or options provided by Simply Smiles, balloons, candy, face paint, or other toys may be provided to you or to attendees of the event. You will be responsible for choosing appropriate candy or toys to be used in such packages, and for informing Simply Smiles of any allergies or sensitivities that may be relevant with respect to the Services. Simply Smiles will provide you with ingredient lists when feasible, but cannot guarantee that there is no cross contamination or no allergens present in its materials or supplies used to provide the Services. You will retain ultimate responsibility for ensuring that foods and other materials and supplies provided by Simply Smiles are safe for use with the guests at the event, and you affirm that Simply Smiles will have no responsibility for or liability with respect to allergies, sensitivities, or other injuries resulting from contact with the balloons, candy, face paint, or other toys, or any other supplies or materials provided as part of the Services.

You understand that, although our Performers are talented in providing the Services, Simply Smiles cannot necessarily replicate every image, design, performance or service that you have found on Pinterest, Instagram, or other platform due to restraints on time, number of guests to accommodate, materials, available space, or for other reasons.

If balloons of any type are included in your package, as décor, party favors, or for balloon animals/characters provided by a Performer during the event, you understand that balloons may pop or develop leaks at any time, before, during, or after the event. Simply Smiles can make no guarantees regarding the length of time the balloons will remain in the desired condition. Rough handling will often cause balloons (especially balloon animals or characters) to pop or deflate, but even if all of the guests exercise considerable care, some balloons may pop or deflate.

If a Performer is onsite at your event and able to replace a popped or deflating balloon, they will make reasonable efforts to do so. If the popped or deflating balloon was a special order, mylar, or other type of balloon not readily available to the Performer on site at your event, the Performer may not be able to replace the affected balloon. If balloons are being delivered to your event, without a performer providing balloon services during the event, you can request a replacement, but any replacement will be subject to availability and an additional fee for delivery.

You also understand that helium balloons remain afloat for a limited time, usually not more than 6 hours, and you are responsible for scheduling delivery of any helium balloons to coincide with the time of your scheduled event.

We will accommodate special requests to the best of our availability, but cannot guarantee that the toy, paint, candy or balloon color, style, or design that you have in mind will be available. You understand that these items are available in limited color and design options. Specific colors or styles of toy, paint, candy or balloons may be available only through advance custom orders. To place a custom order, you will need to provide at least two (2) weeks of notice and pay for any such special-order balloons in advance, with any rush shipping fees that are applicable for the order. Once paid, custom order amounts are nonrefundable.

Please note that certain characters are protected by copyright (including without limitation, many cartoon characters). We do not intend to violate copyright laws, so Simply Smiles and its Performers will provide face painting, balloons, and other representations that are designs of its own creation, and will not intentionally copy copyrighted characters. Any resemblance to known, copyrighted characters in the Services is unintentional.

If other vendors or services providers are at the event, we will have no responsibility for their goods or services, or liability for damages caused to their goods or services, including responsibility or liability for other vendor’s set up, tear down, décor, damages or other responsibilities or liabilities.

Force Majeure Events:

If the happening of any force majeure event which makes it impossible, unsafe, or impracticable to move forward with the scheduled event, you agree to make a good faith effort to reschedule or relocate the event. Simply Smiles will not charge any fees for rescheduling or relocating in the case of a force majeure event. If a force majeure event has impacted the event, and rescheduling or relocating is not possible, neither party will be liable or responsible to the other party, nor be deemed to have defaulted under their agreement, except that the initial deposit shall remain non-refundable.

Force majeure events include, without limitation: (a) acts of God; (b) flood, fire, earthquake, avalanche, or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest; (d) government order or law; (e) action by any governmental authority; and (f) national or regional emergency

Limitation of Liability and Liquidated Damages:

You understand that guests of any event are at some risk of injury, such as those that result from tripping, falling, outdoor risks such as weather or wildlife, or dangerous terrain, or being injured or having an allergic reaction to the materials or supplies used by Simply Smiles in providing the Services (such as an allergic reaction to the balloon material or face paint, or eating or choking on small toys or balloon fragments), or otherwise being injured as a result of the Services or their presence on the premises. You assume the risk for such events happening, and exempt and release Simply Smiles from any liability for such damages while participating in the Services, whether such loss or damage results from the negligence of Simply Smiles, or from some other cause.

EXCEPT FOR DAMAGES ARISING FROM SIMPLY SMILES’ OWN WILLFUL MISCONDUCT, SIMPLY SMILES WILL HAVE NO LIABILITY FOR ANY EXEMPLARY, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION PAYMENT FOR LOST SALES, LOST PROFITS, BUSINESS INTERRUPTION, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF GOODWILL, OR REIMBURSEMENT FOR EXPENSES OR INVESTMENTS MADE OR COMMITMENTS ENTERED INTO) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, IN ANY TYPE OF ACTION WHATSOEVER, EVEN IF SIMPLY SMILES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH DAMAGES ARE REASONABLY FORESEEABLE.

BECAUSE IT IS DIFFICULT TO PREDICT THE AMOUNT OF ACTUAL DAMAGES THAT MAY RESULT FROM SIMPLY SMILES’ BREACH, OR ANY QUESTIONS REGARDING FORMATION OF THE AGREEMENT OR SIMPLY SMILES’ PERFORMANCE HEREUNDER (INCLUDING CLAIMS OF BREACH OF CONTRACT, TORT, STATUTORY LIABILITY, OR ANY OTHER CAUSE OF ACTION), THE MAXIMUM AGGREGATE LIABILITY THAT SIMPLY SMILES WILL HAVE UNDER THESE TERMS IS THE AMOUNT ACTUALLY PAID TO SIMPLY SMILES TO PERFORM THE SERVICES. IN NO EVENT WILL YOU BE ENTITLED TO RECOVER DAMAGES BEYOND THE AGREED FEES FOR THE SERVICES.
In no event shall either Party be liable to the other for any costs or damages arising out of or related to: (a) any act or omission of any third party; (b) any unlawful or unauthorized use of the Services by a third party; (c) failures or breach of protective measures on a Party’s network.
Notices:

Any notice, demand, or other communication under these Terms will be sufficient if in writing and sent by electronic mail or mailed to the other party’s mailing address or email address.

Third Parties:

These Terms, and any agreements, representations and warranties set forth in these Terms or otherwise between the parties are not intended for the benefit of any third party, and these Terms will not be enforceable by any person or entity that is not a party to the agreement.

Assignment, Subcontracting:

You may not assign any of your rights or obligations under these Terms, by operation of law or otherwise, to any person or entity without the express written permission of Simply Smiles. Any attempted assignment without such written permission will be null and void.

Simply Smiles may assign its rights or obligations under these Terms or any agreed Services in whole or in part to other individuals or entities acting as a subcontractor. Simply Smiles agrees and acknowledges that it will be liable as between you and Simply Smiles for work performed by any subcontractor under these Terms.

These Terms will be binding upon and inure to the benefit of the parties and their respective representatives, successors, and permitted assigns.

Relationship; No Exclusivity:

Each party acknowledges and agrees that these Terms are not intended to confer, and will not be construed as conferring, exclusive rights upon either party. You may procure similar goods or services from any other party, even one that might be competitive with Simply Smiles.

These Terms and any associated agreements for Services shall not render Simply Smiles an employee, partner, agent of, or joint venturer with you for any purpose. Simply Smiles is and will remain an independent contractor in its relationship to you, open to conducting similar tasks or activities for other individuals or entities, including your competitors. Simply Smiles holds itself out to the public to be a separate business entity.

Simply Smiles shall retain sole and absolute discretion in the manner and means of carrying out the Services under these Terms. Simply Smiles reserves the right to use independent subcontractors to provide the Services.

Interpretation and Dispute Resolution:

These Terms will be applicable to any Services that you request or receive through Simply Smiles, and by scheduling Services you are agreeing to these Terms. These Terms are incorporated by reference into any proposal, plan or invoice that you enter into with Simply Smiles, and will apply unless an amendment or alteration to these terms is specifically agreed to in a writing signed by both parties.

The failure of either party to insist on strict performance of any covenant or obligation under these Terms, regardless of the length of time for which such failure continues, shall not be deemed a waiver of such party’s right to demand strict compliance in the future. No consent or waiver, express or implied, to or of any breach or default in the performance of any obligation under these Terms shall constitute a consent or waiver to or of any other breach or default in the performance of the same or any other obligation.

Any provision of these Terms that is intended to continue to apply after any termination or expiration of the agreement between the parties will survive such termination or expiration and continue to apply in accordance with its terms.

Whenever possible, each provision of the Terms will be interpreted so that it is valid and enforceable under applicable law. If any provision or the application thereof is held to be invalid, illegal, or unenforceable to any extent, the provision should be enforced to the furthest extent that is valid and legal, and these Terms should be considered amended to the smallest degree possible in order to give maximum effect to the intention of the parties as expressed in these Terms. All other provisions of these Terms will not be affected and will be enforceable to the fullest extent permitted by law.

These Terms and any agreement between you and Simply Smiles are to be governed and construed in accordance with the laws of the State of Colorado (without regard to its conflict of law provisions).

Prior to filing any lawsuit, the parties agree that a representative of each party will meet (in person or by telephone) within fifteen (15) days after receipt of notice from the other party specifying the nature of any dispute, to attempt to resolve any such claims in good faith. If the dispute remains unresolved for thirty (30) days after the original notice of claim, either party may proceed with remedies at law or in equity. Any legal action with respect to this Contract must be brought in the courts located in Denver County, Colorado or in the US District Court for the District of Colorado.