Terms & Conditions
Updated: Friday, March 1, 2024
Welcome to the Magic Events website. These Terms and Conditions, along with the specific terms outlined in your Contract for Services, form a legally binding agreement between you (the “Client”) and Magic Events (“Company”, “we”, “us”, “our”) regarding the use of our website and the provision of entertainment services. By accessing or using our website and services, you agree to comply with and be bound by these Terms and Conditions.
1. General
These Terms and Conditions, along with any specific terms outlined in your Contract for Services, govern your engagement with Magic Events for entertainment services at your event. We reserve the right to amend these Terms and Conditions at any time. Your continued use of our services after any amendments signifies your acceptance of the changes.
2. Services Description
Magic Events agrees to provide entertainment services as detailed in the Contract for Services. This includes, but is not limited to, the type of service (e.g., DJ, photo booth), specifics of the service package, date, time, and location of the event, and any additional services or extras requested by the Client. The scope of services is subject to the terms agreed upon in the Contract for Services.
3. Payment Terms
- Initial Payment/Retainer: A specified percentage of the total service fee is required as a non-refundable retainer to secure your event date. This must be paid within 5 days of signing the Contract for Services.
- Balance Payment: The remaining balance of the service fee is due 28 days prior to the event date. If the booking is made within 28 days of the event, full payment is required at the time of booking.
- Additional Charges: Charges for any services not included in the initial contract but requested thereafter will be added to the total fee. Details regarding travel fees, long-distance travel expenses, and parking fees are also outlined in the contract.
4. Cancellation and Postponement
Cancellation or postponement of the event must be communicated in writing. Depending on the timing of the cancellation, certain fees may be non-refundable as detailed in the Contract for Services. Specific conditions apply for cancellations due to unforeseeable circumstances, including but not limited to government-mandated shutdowns.
5. Modifications to Services
Requests for modifications to the agreed services must be made in writing and may be subject to additional charges. This includes changes to the event date, time, or any other significant details that affect the provision of services.
6. Downtime
Magic Events acknowledges that despite our best efforts, unforeseen downtime of equipment or services may occur. We guarantee our equipment to be operational for at least 80% of the scheduled service time. In the event of downtime exceeding this threshold due to equipment malfunction, a prorated refund will be provided for the time lost. This guarantee does not cover downtime resulting from abuse of equipment by event attendees or circumstances beyond our control.
7. Anti-Harassment Clause
Magic Events is committed to providing a safe and respectful environment for our staff and clients. We have a zero-tolerance policy for harassment of any kind, including but not limited to sexual harassment, verbal abuse, or physical intimidation, directed towards our staff by clients, event guests, or venue staff. Should any of our staff feel threatened or harassed in any way that impedes their ability to perform their duties safely and effectively, we reserve the right to terminate our services immediately. This termination will not entitle the client to any refund of services already rendered or compensation for the remainder of the scheduled service time.
8. Limitations of Liability
Magic Events’ liability for any claims related to the services provided is limited to the refund of the service fee. We are not liable for indirect, special, or consequential damages. The uniqueness of each event means that specific outcomes cannot be guaranteed, and events cannot be replicated or reenacted for the purpose of a reshoot.
9. Indemnification
The Client agrees to indemnify Magic Events against any third-party claims, damages, or expenses arising from the Client’s event, except where such claims arise due to the negligence or willful misconduct of Magic Events.
10. Force Majeure
Magic Events is not liable for failure to perform its obligations if such failure is due to a Force Majeure Event. Alternative arrangements may be made at Magic Events’ discretion, subject to availability and potential adjustment of fees.
11. Intellectual Property
All materials produced by Magic Events, including but not limited to photographs and digital files, are protected by copyright. The Client is granted a license for personal use only, and any commercial use requires written permission from Magic Events.
12. Governing Law
These Terms and Conditions and any disputes arising under them shall be governed by the laws of the State of Georgia, without regard to its conflict of laws principles.
13. Entire Agreement
These Terms and Conditions, together with the Contract for Services, represent the entire agreement between the Client and Magic Events regarding the event and supersede all prior agreements and understandings, whether written or oral.
14. Contact and Notices
Any notices or communications required or permitted under these Terms and Conditions should be in writing and sent to Magic Events at the contact information provided in the Order Confirmation.
By engaging Magic Events for your event, you acknowledge that you have read, understood, and agree to these Terms and Conditions, as well as any specific terms outlined in your Contract for Services.