Terms & Conditions

The terms and conditions below are effective as of February 4, 2024 for all services provided by Rosie's Artistic Entertainment LLC (“Provider”).

By securing services, you agree to all of the terms and conditions of this Agreement including those sections (sections 1 through 8) on the following pages, effective as of the last date set forth below.

1. PAYMENT POLICY

1.1 100% of the “Total Amount Due” is required to reserve the Provider's availability for the date/time agreed upon. Reservations in our calendar will not be made before receiving full payment, unless a written agreement has been made otherwise.

1.2 In the event that a payment plan is formed, full payment must be made before the Provider will begin rendering the Services.

1.3 At the time of the Event, if the Client would like the Provider to stay longer than the time agreed upon, please let the Provider know before it is time for his or her scheduled departure. If the Provider has availability to stay, be prepared to pay for the overtime that you agree upon.

2. TIME ESTIMATES

2.1 When booking your party please clarify with the Provider please provide us with the total of guests expected. Please be aware that if guests show up late, or if you find that you have more guests than expected, we may not be able to provide services to everyone in the allotted time.

2.2 Often, at a child’s party, older teens or adults want to get in on the fun. Please take this into account when deciding how long you would like Provider to stay. Please kindly advise your guests who the services are intended for so that there is no confusion. Please book the number of hours according to the number of guests you would like to have serviced.

3. CANCELLATION

3.1 If you must cancel your event, please contact us right away at 863-302-1805 and confirm the cancellation. If you reach our voicemail, Provider will call you back to acknowledge that we received your message.

3.2 Cancellations made with at least 72 hours notice are fully refundable. Cancellations made with less than 72 hours notice are subject to being billed for 50% of the Total Amount. If we are not contacted about cancellation within 24 hours of the event, no refund will be available. Client understands the terms of this and agrees to pay such amounts in the event of a cancellation within the time frames described.

3.3 Please be cautious when booking entertainers for outdoor events. Having an alternate indoor plan inclement weather is highly recommended as some services can not be provided in the rain and refunds are not provided for weather related circumstances.

4. SET UP

Provider brings all the necessary materials to make the magic happen. For outdoor events please provide a shaded space of at least 10x10ft per entertainer. For indoor events please provide an 8-10 foot wide level space per entertainer, preferably against a wall with good lighting. It takes approximately 15-30 minutes to set up. If Client needs the Provider to arrive more than 15 minutes prior to the time booked, the Client will need to pay the Provider for additional time.

5. MANAGING THE LINE

Be advised, children under the age of three are unable to be participate in face and body art, per the manufacturer’s guidelines and insurance requirements. We cannot be responsible for managing the line. The line should be monitored by the host or a designated person at your event. The line should be closed with enough time for the Provider to get to everyone in line before the event ends. Anticipate that 3+ minutes is needed for each guest. Provider will simplify as needed to attempt to service as many guests as possible, but will have to stop when the scheduled time is up. You can make a sign up list, or numbered tickets for your guests to minimize the line. Please explain to your guests when it is time for the Provider to leave.

6. INSURANCE

Provider will provide confirmation of its entertainer’s liability insurance upon request. Be advised, children under the age of three are unable to participate in face or body art, per the manufacturer’s guidelines and insurance requirements.

7. INDEMNIFICATIONIN

ALL CIRCUMSTANCES, THE MAXIMUM LIABILITY OF PROVIDER, ITS MEMBERS, EMPLOYEES, OWNERS, ATTORNEYS AND AFFILIATES (“PROVIDER PARTIES”), TO CLIENT FOR DAMAGES FOR ANY AND ALL CAUSES WHATSOEVER, AND CLIENT’S MAXIMUM REMEDY, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL BE LIMITED TO THE NET PROFIT OF PROVIDER. IN NO EVENT SHALL PROVIDER BE LIABLE FOR ANY LOST PROFITS, BUSINESS INTERRUPTION OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THE SERVICES PROVIDED BY PROVIDER, EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

8. GENERAL

8.1 Modification/Waiver. This Agreement may be modified by the parties. Any modification of this Agreement must be in writing. Failure by either party to enforce any right or seek to remedy any breach under this Agreement shall not be construed as a waiver of such rights nor shall a waiver by either party of default in one or more instances be construed as constituting a continuing waiver or as a waiver of any other breach.

8.2 Governing Law and Dispute Resolution. The formation, construction, performance and enforcement of this Agreement shall be in accordance with the laws of the United States and the State of Florida without regard to its conflict of law provisions or the conflict of law provisions of any other jurisdiction. In the event of a dispute arising out of this Agreement, the parties agree to attempt to resolve any dispute by negotiation between the parties. If they are unable to resolve the dispute, both parties submit to the jurisdiction of the federal courts of the United States of America in the State of Florida and the state courts of Florida in the County of Highlands.

8.3 Severability. Whenever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall nevertheless remain in full force and effect and the invalid or unenforceable provision shall be replaced by a valid or enforceable provision.

8.4 Headings. The numbering and captions of the various sections are solely for convenience and reference only and shall not affect the scope, meaning, intent or interpretation of the provisions of this Agreement nor shall such headings otherwise be given any legal effect.

8.5 Integration. This Agreement comprises the entire understanding of the parties hereto on the subject matter herein contained, and supersedes and merges all prior and contemporaneous agreements, understandings and discussions between the parties relating to the subject matter of this Agreement. In the event of a conflict between the Agreement and any other documents, the terms of the Agreement shall control.

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