Birthday Party Agreement

BIRTHDAY PARTY AGREEMENT

This Birthday Party Agreement (the "Agreement") is made and entered into as of Effective Date: by and between Host Name: with primary contact at Host Address: and Service Provider Name: with primary contact at Service Provider Address: (each a "Party" and collectively the "Parties").

RECITALS

WHEREAS, Host desires to retain Service Provider to provide event space, entertainment, services and/or related supplies for a birthday celebration on the terms and conditions set forth herein; and

WHEREAS, Service Provider represents that it has the experience, personnel and equipment necessary to provide such services and is willing to provide them under the terms of this Agreement; and

WHEREAS, the Parties intend by this Agreement to set forth their respective rights, duties and remedies with respect to the Event described below.

NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, the Parties agree as follows:

1. DEFINITIONS

"Event" means the birthday party described in Section 2. "Fees" means all amounts payable by Host to Service Provider under Section 4. "Event Location" means the place where the Event will occur as set forth in Section 2. Capitalized terms not otherwise defined shall have the meanings ascribed to them herein.

2. EVENT DETAILS

Event Date: . Start Time: . End Time: .

Event Location:

Expected Number of Guests: . Birthday Child Name: . Age Turning:

3. SERVICES

Service Provider shall provide the services and facilities described in the Service Description below and in any attached addenda. Service Provider agrees to perform services in a professional manner and to supply qualified personnel. Host acknowledges that additional charges may apply for services not explicitly described below.

4. FEES, PAYMENT AND TAXES

Host agrees to pay Service Provider Fees in the total amount of $. A non-refundable deposit of $ is due to secure the Event date. Balance due of $ is payable by Balance Due Date: unless otherwise agreed in writing.

Credit Card    Check    Cash    Other (specify in Services Description)

5. CANCELLATION AND REFUND

If Host cancels the Event more than days prior to the Event, Host forfeits the deposit only. If Host cancels within the stated period, Host shall remain responsible for a cancellation fee equal to of the total Fees unless Service Provider secures replacement business for the same date. Service Provider may cancel for safety concerns or breach of this Agreement and shall provide notice as soon as practicable.

6. LIABILITY, WAIVER AND INDEMNIFICATION

Host acknowledges the inherent risks associated with gatherings. Host and Host's guests assume all risks of bodily injury and property damage unless caused solely by the gross negligence or willful misconduct of Service Provider. To the fullest extent permitted by law, Host shall indemnify, defend and hold harmless Service Provider and its employees, agents and contractors from and against any claims, liabilities, losses, damages and expenses (including reasonable attorneys' fees) arising out of Host's breach of this Agreement, negligence, acts of guests, or failure to disclose allergies or medical conditions.

Service Provider shall indemnify Host for claims directly resulting from Service Provider's negligent performance of services. Neither Party shall be liable for incidental, special, indirect or consequential damages. Notwithstanding the foregoing, aggregate direct damages recoverable by either Party shall not exceed the Fees actually paid by Host under this Agreement.

7. INSURANCE

Service Provider represents that it maintains general liability insurance adequate to cover claims arising from its operations. Indicate coverage acknowledgement: Provider maintains liability insurance. If requested by Host, Provider shall provide a certificate of insurance naming Host as additional insured where commercially reasonable.

8. SAFETY, SUPERVISION AND CONDUCT

Host shall ensure adequate adult supervision for minors at all times. Service Provider may refuse service or remove any guest whose conduct endangers persons or property. No illegal activity or use of controlled substances is permitted on Event premises. Host is responsible for compliance with applicable child supervision laws and for obtaining any required parental consent for activities involving minors.

9. PROPERTY DAMAGE AND SECURITY DEPOSIT

Host shall be responsible for any damage to the Event Location caused by Host, Host's guests or invitees. Security Deposit (if required): $. Security deposit shall be returned within a commercially reasonable time following the Event, less amounts withheld for repair or cleaning.

10. FOOD, ALLERGIES AND CATERING

Host shall notify Service Provider in writing of any known allergies or dietary restrictions at least days prior to the Event. Service Provider is not responsible for adverse reactions to food provided by Host or third-party caterers unless such food was provided directly by Service Provider and the reaction is caused by Service Provider's gross negligence.

11. DECORATIONS, SETUP AND CLEANUP

Setup Time: . Cleanup Completion Time: . Host is responsible for removal of personal decorations and for ensuring decorations comply with building rules and do not create hazards.

12. FORCE MAJEURE

Neither Party shall be liable for failure to perform obligations under this Agreement to the extent caused by acts of God, governmental action, epidemic, pandemic, fire, flood, labor dispute, or other causes beyond the reasonable control of the affected Party. The affected Party shall provide prompt notice to the other Party and make reasonable efforts to resume performance.

13. NOTICES

Any notice required or permitted under this Agreement shall be in writing and delivered to the addresses below by hand, overnight courier, or certified mail (return receipt requested).

14. AMENDMENTS; WAIVER; COUNTERPARTS

This Agreement may be amended only by a writing signed by both Parties. No waiver of any provision shall be effective unless in writing and signed by the waiving Party. This Agreement may be executed in counterparts, each of which shall be an original and all of which together shall constitute one instrument.

15. GOVERNING LAW; ENTIRE AGREEMENT; SEVERABILITY

This Agreement shall be governed by and construed in accordance with the laws of the State of , without regard to its choice-of-law principles. This Agreement, together with any attachments or addenda signed by the Parties, constitutes the entire agreement between the Parties and supersedes all prior proposals, agreements and communications. If any provision of this Agreement is held invalid or unenforceable, the remainder shall continue in full force and effect.

MISCELLANEOUS

Host represents that Host has the legal authority to enter into this Agreement and to bind any minor attendees' guardians to the terms herein. Any dispute arising out of or related to this Agreement shall first be subject to negotiation between the Parties in good faith.

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