Entertainment Services Terms and Conditions
Last updated: May 22, 2024
JoJo Entertainment Co. Ltd (“JoJoFun”) has made every effort to word these Entertainment Services Terms and Conditions (“Terms”) in plain English, with clarification of various clauses where necessary. If you do not understand any part of these Terms, please call us for clarification or seek legal advice before agreeing to them.
Any booking of in-person or virtual entertainment services (“Services”) through JoJoFun WHETHER CONFIRMED VERBALLY, ELECTRONICALLY, OR IN WRITING will be subject to these Terms. These Terms is a legally binding agreement by and between JoJoFun and a person or entity ordering the Services (“Client”). If you do not agree with one or more provisions of these Terms, you are not allowed to book or use the Services.
1. The role of JoJoFun and the Contract
2. Client’s data
3. Booking confirmation
4. Changes to the Contract
5. Right to refuse the provision of the Services
6. Policy on abuse
7. Payment of the Fees and retainers
8. Booking cancellations
9. Postponements
10. Late payment of the Fees
11. Responsibility for incorrect information in the Booking
12. Contract to buy
13. Venue suitability
14. Complaints
15. Changes on the day of the event
16. Delayed event schedules and late finish fees
17. Extended performance fees
18. Re-engagement of the Artiste
19. Expenses
20. Artiste service guarantee
21. Artiste equipment
22. Artiste’s wellbeing during the event
23. Artiste’s discretion regarding their attention and flow of the event
24. Responsibility for children and adult supervision
25. Force Majeure
26. Limitation of liability
27. Disclaimer of warranties
28. Indemnification
29. Governing law and disputes
30. Miscellaneous
1. The role of JoJoFun and the Contract
i. The Services are managed by JoJoFun or its affiliated agents. The Services are provided by independent third-party entertainment service providers (“Artiste”). JoJoFun acts as an agency managing the Services and, therefore, does not provide the Services itself. The Client understands and agrees that the Artiste (i.e. face painter, performing artist, balloon decorator, catering provider, or photographer) are JoJoFun’ sub-contractors.
ii. A booking of the Services (“Booking”) shall be any verbal, electronic or written request securing the Services for a Client on a specific date for a specific event.
iii. The provision of the Services shall be governed by a service agreement concluded on the basis of these Terms (“Contract”). The Contract shall set out Client’s and Artiste’s rights an obligation pertaining to the Booking. The Client hereby confirms that the Client has the capacity to conclude legally binding contracts.
i.The Client hereby gives JoJoFun permission to share Client’s data, including personal data, with the Artiste, as required to fulfil the Contract. JoJoFun shall process the Client’s data in accordance with the applicable data protection laws.
ii.The Client understands that, by filling out a contact form published on the website https://www.jojofun.ca in which the Client submits Client’s email address, the Client gives full permission to JoJoFun to contact the Client via the Client’s e-mail address at a later date for the purposes of responding to the Client’s enquiries
iii. Although JoJoFun shares Client’s data with the Artiste for the fulfilment of the Contract, JoJoFun is not responsible for how the Artiste uses such data, to the extent permitted by the applicable law. For any enquiries regarding the processing of the Client’s data by the Artiste, the Client must contact the Artiste.
iv. JoJoFun processes personal data in accordance with the Privacy Policy published on the website https://www.jojofun.ca/privacy .
i. All Bookings are subject to the Terms and take effect immediately upon Client’s and Artiste’s verbal, electronic or written acceptance of the Booking (“Confirmation”).
ii. Non-signature/non-return of Contract is not sufficient to deem the Booking to be cancelled or waived.
iii. Upon Confirmation, JoJoFun will issue a Contract to the Client and the Artiste for confirmation of details by electronic email. Both the Client and the Artiste may keep one copy of the Contract for their personal records. JoJoFun will store the Contract(s) for safe keeping (copies available on request) and will act as the Agent negotiator between both parties for the period up to and including the date of the event and for twenty-four (24) months after the event.
i. The agreed booking fees may be subject to change (in agreement with both the Client and the Artiste) if any details on the Contract are altered. All changes to the Contract must be arranged and agreed by JoJoFun in advance of the event and no later than 3 business days before the event.
ii. In the case of changing an event date (such as a postponement), the event date may be moved to a new date within thirty (30) days of the original date only. Date changes more than thirty (30) days from the original date will not be accepted. The new event date will be mutually agreed by the Client and JoJoFun. If a new date is not set within the said 30-day period, then standard cancellation terms will apply to the original event date (see section 8 of these Terms).
iii. JoJoFun shall charge a $40.00 CAD administrative fee for venue, date or time change to the Booking. Changes must be made in writing by email to jojo@jojofun.ca or by using the Booking Amendment Form linked from https://www.jojofun.ca. Changes shall take effect only if, cumulatively, (a) the Confirmation is issued by JoJoFun in writing and (b) the administration fee is paid by the Client. .
5. Right to refuse the provision of the Services
JoJoFun reserves the right to refuse the provision of the Services to anyone for any reason at any time.
Should the Artiste, at any time, experience or is threatened by any form of abuse in any manner from the Client or any individual at the event, the Contract will terminate immediately, and all fees for the services shall be paid by the Client in full. .
7. Payment of the Fees and retainers
i. The provision of the Services is subject to the service fees payable by the Client to JoJoFun (“Fees”). JoJoFun collects the fees on behalf of the Artiste. Unless specified otherwise in these Terms, the Client must pay all Fees due to JoJoFun and not the Artiste.
ii. The Artiste shall be paid for the Services by JoJoFun, upon receipt of an invoice from the Artiste, subject to the fees and commission charges agreed upon by and between JoJoFun and the Artiste. Unless specified otherwise in the Terms, the Artiste is not entitled to accept the Fees from the Client.
iii. For events scheduled four (4) weeks or less from the date of Confirmation, the Client shall pay the entire amount of the Fees in advance, in full upon receipt of invoice from JoJoFun, subject to the due dates specified in the said invoice.
iv. For events scheduled more than four (4) weeks from the date of Confirmation:
a) Where the total Fee for the Booking is less than $800 CAD (eight hundred Canadian dollars), the Client shall pay in advance a non-refundable $retainer of 200 CAD (two hundred Canadian dollars) upon receipt of invoice from JoJoFun or though JoJoFun online booking form; the remaining Fees shall be due four (4) weeks before the event date. Should the Client fail to pay the Fees due four (4) weeks before the event date, the Contract shall automatically terminate. In the event of such automatic termination, no retainer shall be refunded by JoJoFun.
b) Where the total Fee for the Booking is $800 CAD (eight hundred Canadian dollars) or more, the Client shall pay in advance a non-refundable retainer of 25% of the total Fees due upon receipt of invoice from JoJoFun though JoJoFun online booking form; the remaining balance of 75% of the Fees shall be due four (4) weeks before the event date. Should the Client fail to pay the Fees due four (4) weeks before the event date, the Contract shall automatically terminate. In the event of such automatic termination, no retainer shall be refunded by JoJoFun.
v. Unless stated otherwise in these Terms, all advance payments of the Fees made by the Client are non-refundable.
i. All cancellations of the Bookings are subject to the terms and conditions of this section 8.
ii. Cancellation by the Client:
a) In the event that the Client intends to cancel or cancels the Booking, the Client agrees to inform JoJoFun in writing without undue delay. JoJoFun agrees to inform the Artiste of the cancellation and take the necessary steps to terminate the Contract, provided that the Client complies with the Terms.
b) Should the Client inform JoJoFun about the cancellation of the Booking more than 4 weeks before the scheduled event date, JoJoFun agrees to refund the Client the Fees paid, less the non-refundable retainer amount paid by the Client. In instances where the Client paid the retainer only before the date of cancellation, JoJoFun shall not issue a refund for the retainer paid as all retainers are non-refundable.
c) Should the Client inform JoJoFun about the cancellation of the Booking four (4) or less weeks before the scheduled event date, the Client shall pay the Fees in full, as agreed in the Contract. JoJoFun shall not issue refunds for any Fees paid for Bookings cancelled four (4) or less weeks before the scheduled event date.
iii. Any payment outstanding from the Client outside of these Terms will be referred to a recovery company and will be subject to a surcharge of 15% plus HST to cover collection costs incurred, unless required otherwise by the applicable law. This surcharge together with all other charges and legal fees incurred will be the responsibility of the Client and will be legally enforceable. It is the Client’s responsibility to ensure their venue can accommodate the Artiste and cancellation of the Booking or non-performance of the Artiste due to venue restrictions will place the Client liable for Cancellation fees as detailed above.
iv. Cancellation by the Artiste:
a) In the unlikely event that the Artiste cancels the Booking, the Artiste agrees to inform JoJoFun immediately. JoJoFun agrees to inform the Client of the cancellation by the Artiste as soon as reasonably possible and make all reasonable attempts to find a suitable replacement Artiste of similar standard, style & value, at no extra cost to the Client. Should a suitable replacement not be found, JoJoFun agrees to refund the Client all Fees paid for the Booking.b) Should the Artiste cancel a Booking under circumstances not covered by ‘Force Majeure’ (see clause 25), the Client is entitled to pursue damages from the Artiste.
c) Should the Artiste cancel a Booking, the Artiste agrees to pay to JoJoFun:
c.i. An administration fee for handling the cancellation by the Artiste, the amount of which is determined by JoJoFun, and this must be paid to JoJoFun within seven (7) working days from the date of cancellation; and
c.ii Any difference between the balance of the Contract and the fees charged by any replacement Artiste arranged for the Client by JoJoFun.
d) There will be no refund given to the Client against the Fees paid, and no ‘administration charge’ will be made to the Artiste if a replacement Artiste of similar value can be arranged by JoJoFun and agreed by the Client. However, should a replacement Artiste charge a much lower fee, the Client will be refunded a proportionate amount of their total Fees. Where reasonably possible, the Client and Artiste will be contacted to agree this in advance.
e) If a replacement Artiste is required last minute and the Client does not agree to accept the replacement Artiste, the Client must not allow the replacement Artiste to perform. If the replacement Artiste is allowed to perform by the Client, the full Fees will be due.
i. Postponements are not given for requests made within two (2) weeks prior to the scheduled event date. Date changes made within this time period will be processed as a ‘cancellation’ and subject to the cancellation terms (section 8 in these Terms). This time limitation is extended to four (4) weeks within the Christmas period (November 25th – December 31st).
ii. Postponements requested two (2) weeks or more before the scheduled event date or four (4) weeks or more during the Christmas period outlined above, are subject to the following conditions:
- The event date may be moved to a new date within 30 days of the original date only. Date changes more than thirty (30) days from the original date will not be accepted.
- The new event date will be mutually agreed by the Client and JoJoFun. If a new date is not set within this 30-day period, then standard cancellation terms will apply to the original event date (see section 8 of these Terms).
- There is a $40.00 CAD (forty Canadian dollars) administrative fee for date or time changes to the Booking. Changes must be made in writing by email to jojo@jojofun.ca or by using the Booking Amendment Form linked available at https://www.jojofun.ca.
- For changes to take effect, (i) JoJoFun must issue a confirmation in writing and (ii) the Client must pay the postponement administration fee. .
iii. Postponements due to pandemic
- If the Client must postpone or cancel the Booking due to pandemic-related reasons (for example, testing positive for covid or a new lockdown,), then the Client will pay JoJoFun an administration fee equal to 25% of the Booking fee, or a fixed fee of CAD 200 (two hundred Canadian dollars) for events where 25% of the Booking fee is less than CAD 200 (two hundred Canadian dollars).
- The remainder of the booking fee will be held as credit by JoJoFun for a new event date which will be set by mutual agreement between the Client and JoJoFun.
- The credit will expire after 12 months from the date the postponement was made. If a lockdown is in place in 12 months time, then the expiration date will be extended another 6 months.
- The Client is entitled to claim the credit any time within this 12-month period to secure a Booking for a date within or after the period.
- A Booking is secured by payment of the remaining balance due after the credit has been used for the entertainment services booked for the new event.
- If cancellation is chosen by the Client instead of the postponement terms indicated above, then regular cancellation terms will apply as described in section 8 of the Terms.
- Pandemic-related postponements and cancellations made within forty eight (48) hours before the event date will result in a cancellation charge of 100% of the total Fees; the Client shall pay the Fees to JoJoFun in full.
i. Failure by the Client to pay the Fees due within the terms specified will result in the Client being in default of Contract. As a result, the Booking may be cancelled and the Client will be bound by the cancellation clauses in section 8 of these Terms.
ii. All late payments of the Fees shall be subject to the the monthly interest charge of 1,5% of the remaining Fees due.
iii. Any payment outstanding from the Client outside of these Terms will be referred to a debt collection agency and will be subject to a surcharge of 15% plus HST to cover collection costs incurred, unless stated otherwise by the applicable law. This surcharge together with all other charges and legal fees incurred will be the responsibility of the Client and will be legally enforceable. It is the Client’s responsibility to ensure their venue can accommodate the Artiste and cancellation of the Booking or non-performance of the Artiste due to venue restrictions will place the Client liable for cancellation fees as detailed above.
iv. Any payment outstanding from the Artiste outside of these Terms will be referred to a debt collection agency and will be subject to a surcharge of 15% plus HST to cover collection costs incurred, unless stated otherwise by the applicable law. This surcharge together with all other charges and legal fees incurred will be the responsibility of the Artiste and will be legally enforceable.
11. Responsibility for incorrect information in the Booking
If the Booking information is incorrect in any way, then it is the Client’s responsibility to inform JoJoFun of any inaccuracies in the said information or request for changes. Amendments to the Booking information are not included in the Fees.
The contract to buy (acquire our service) is complete by JoJoFun sending the Client an invoice by email.
It the sole responsibility of the Client to ensure that the venue of the event is able to accommodate the Services provided by the Artiste. This includes (but is not limited to): ensuring the venue has an adequate space for the Services, gaining permission from the venue owner to host the Services, and, where required, ensuring there is free parking for the Artiste or otherwise paying for their parking.
If through their own fault the Artiste is unable to fulfill part of the event schedule or breaks the terms of the Contract and the Client would like to claim a reduction on the Fees, a complaint must be made in writing to JoJoFun no more than thirty (30) calendar days after the event. JoJoFun will handle the complaint in its own discretion. Full payment of the Fees must still be made as agreed in the Contract. The Client shall not withhold payment of the Fees. Failure to pay the Fees within the terms of this Contract will incur charges outlined in clause 7 of the Terms and may render the Client subject to prosecution. Whilst JoJoFun cannot be held responsible for the actions or failures of either the Client or the Artiste, JoJoFun will make every effort to settle disputes without the need for either party to take legal action against each other. Once the Client has made a written complaint, JoJoFun will contact the Artiste to discuss the complaint and request a written statement detailing their version of events. JoJoFun will act as mediator between Client and Artiste in order to come to an amicable agreement over any refund or expense which may be due. If JoJoFun cannot settle the dispute to the mutual satisfaction of both Client and Artiste, both parties must settle the matter directly via their own legal representatives. Any dispute between the Client and the Artiste based on changes to the Contract/performance that were agreed by both the Client and the Artiste, but not confirmed by JoJoFun in writing, must be settled between the Client and the Artiste directly. JoJoFun will not be able to mediate over these agreements or changes.
15. Changes on the day of the event
i. Where possible, changes to the Contract schedule that are unavoidable on the day of the event should first be discussed & agreed with JoJoFun. Should this not be possible, changes are to be agreed between the Client and the Artiste prior to performance. Any changes will be subject to these Terms.
ii. If changes negotiated between the Client and the Artiste on the day of the event are agreed to incur additional costs to the Client, the Artiste accepts full responsibility for arranging the collection of additional fees and agrees that these fees will be subject to JoJoFun standard rate of commission.
iii. The Client agrees that the event for which they have booked the Artiste to attend is in compliance with the guidelines of the coronavirus lockdown or other pandemic in place on the event date. If the event is found to be in violation of the coronavirus lockdown guidelines, the Artiste has the right to leave the event without notifying the Client. The Client will not be due a refund of any amount from JoJoFun under these conditions.
16. Delayed event schedules and late finish fees
i. If due to the late running of or alterations to the event schedule which is no fault of the Artiste, the Artiste is not able to perform their full performance time within the schedule outlined in the Contract, there will be no reduction in the Fees payable by the Client.
ii. If the event runs late and the Artiste is asked and agrees to finish later than the finish time in the Contract, and the Artiste does not agree an additional surcharge, then the following standard ‘late finish’ fees will be charged: 10% of the total Fees due per ½ hour over run, payable on the day of the event by the Client to the Artiste in cash or by cheque.
Iii. The Artiste has the right to refuse to finish later than the Contracted finish time without penalty.
i. If the event schedule is changed on the day of the event and the Artiste is required and agrees to perform for longer than the ‘Performance times’ agreed in the Contract, and no additional surcharge is agreed by the Artiste on the day of the event, the following standard ‘Extended performance fees’ will be charged: 25% of the total Fees for every 25% that the originally agreed performance times are extended, payable by the Client to JoJoFun following the event.
ii. The Artiste has the right to refuse to extend their performance times without penalty.
18. Re-engagement of the Artiste
i. The Client agrees to negotiate all future Bookings of the Artiste with JoJoFun and not with the Artiste directly, for the period covering the issue date of this Contract until twenty four (24) months after the event date on the Contract.
ii. The Artiste agrees not to hand out business cards or any promotional materials bearing their personal telephone number and/or address, or any other contact details other than those of JoJoFun to the Client, their guests, staff, venue or contractors. If approached, the Artiste must inform the person(s) concerned to contact JoJoFun. Any other action will contravene the terms of the Contract and if the Artiste is found to have done this they will cease to be contracted by JoJoFun.
i. If the Client agrees to cover additional expenses incurred by the Artiste (such as taxi’s, food, rehearsal time, hotel, flights etc), the Artiste must provide receipts and issue an invoice to JoJoFun within sixty (60) calendar days after the event.
ii. The Client must reimburse all expenses to the Agent within twenty eight (28) calendar days of invoice.
i. The Artiste agrees to provide a performance that is to the best of their ability, and reflects fully the likeness of the Artiste’s show as known to JoJoFun and as advertised to the Client via promotional materials, profiles, pictures, videos, web page or verbal description, etc. The Artiste will make every effort to ensure their performance is outstanding, adhere to the Client’s wishes within all reasonableness, be polite and courteous with the Client, their guests and all venue staff and contractors.
ii. The Artiste agrees to provide all equipment required to undertake this performance, unless the equipment has been contractually agreed to be provided by the Client or a third party. It is the Artiste’s responsibility to ensure the good working order & safety of their own equipment and to obtain all necessary insurances & certification.
iii. The Artiste agrees that their fee is inclusive of all expenses (except those that have been agreed to by the Client and will be invoiced post the event), including holiday entitlements, travelling expenses to and from the venue, tax, insurance, etc and covers any payments whatsoever.
iv. The Artiste will refrain from drinking alcohol before, during and after the performance at all times when the Client or their guests are present.
v. The Artiste will not under any circumstances partake of any illegal drug use on the day of the event, or whilst at the event venue, or whilst in the presence of the Client, their guests, venue staff or other associated suppliers or Artistes.
vi. The Artiste will not smoke in restricted areas or park their vehicles in restricted areas at the performance venue.
vii. The Artiste will not display any other conduct deemed anti-social, illegal, nor reflecting badly upon themselves, JoJoFun, or the Client.
viii. The Artiste at the time of agreeing to this Contract shall not be under any Contract to a third party that might preclude him/her from fulfilling the engagement.
The Artiste shall be suitably and tidily dressed during their performance except with the consent of the Client or where the wearing other attire is deemed to be a necessary part of their act.
ix. The Artiste is not employed by JoJoFun and they are responsible for their own accounting and payment of TAX and Insurance contributions.
x. The Artiste accepts full responsibility for maintaining their own Public Liability Insurance (which should be to a minimum of $1,000,000 cover), their own equipment insurance, vehicle insurance and for carrying out the P.A.T. testing of their equipment where applicable.
xi. The Artiste understands and agrees that while in mascot costume they will never carry a birthday cake.
i. It is agreed by the Client and the Artiste that the equipment and instruments of the Artiste are not available for use by other performers or persons except by specific permission of the Artiste.
ii. The Client is responsible for any damage sustained to JoJoFun’s costume(s) and/or equipment at the event, in cases where the damage was caused (purposefully or accidentally) by any non-JoJoFun person at the event. To be responsible in this case means that the Client is liable to pay JoJoFun the fee of replacing or repairing the damaged costume(s) and/or equipment. This fee is determined at the discretion of JoJoFun only.
22. Artiste’s wellbeing during the event
i. If the Artiste requests water, this should be provided at no charge.
23. Artiste’s discretion regarding their attention and flow of the event
i. It shall be at the discretion of the Artiste to whether or not single out persons during the event.
24. Responsibility for children and adult supervision
i. It is JoJoFun’s policy that Artistes and all staff working for JoJoFun are not permitted to be left alone with any child (or children) at any time. It is therefore the Client’s responsibility to ensure, at all times, that the child (or children) is supervised by a responsible adult, other than JoJoFun staff.
ii. Puppet shows provided to children aged 3 and under must have adult supervision.
In cases of a ‘Force Majeure’ event (which shall be known as war, fire, death, illness or other capacity certified by a properly qualified medical practitioner, epidemic, accident, civil commotion, national calamity, order of Government or Local Authority having jurisdiction in the matter, changes in law, foreign government policy, act of God), which are not attributable to any act or failure to take preventive action by the Artiste or Client, then the Artiste or Client may cancel the Booking without penalty other than loss of payment of the Fees already made.
i. Unless otherwise excluded or limited by the applicable law, JoJoFun will not be liable for any damages, including, but not limited to, incidental, punitive, special or other related damages, arising out or in connection with the Contract and the Clients agrees not to hold JoJoFun liable in respect of any losses arising out of any event or events beyond JoJoFun’s reasonable control.
ii. This section 26 shall apply whether or not JoJoFun has been advised of or should have been aware of the possibility of any such losses arising.
i. The Services are provided on “AS AVAILABLE”, “AS IS”, and “WITH ALL FAULTS” basis. To the extent permitted by the applicable law, JoJoFun does not make any representations or warranties about the reliability, suitability, provision, and accuracy of the Services.
ii. It is the Client’s sole responsibility to verify and assess the fit for the purpose of the Services prior to booking the Services and to decide whether or not the Services fit for the intended use.
iii. The acts and omissions of the Artiste may be outside of JoJoFun’s reasonable control. To the maximum extent permitted by law, JoJoFun excludes any liability for any loss or damage resulting from the acts and omissions of Artiste.
iv. Nothing in these Terms shall affect any statutory rights that the Client is entitled to as a consumer and that the Client cannot contractually agree to alter or waive.
i. The Client agrees to indemnify, defend and hold JoJoFun, its subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including attorneys’ fees, made by any third party due to or arising out of the Client’s breach of these Terms, the Client’s use of the Services, or the Client’s violation of any law or the rights of a third party.
29. Governing law and disputes
i. These Terms shall be governed and construed in accordance with the laws of Canada, Ontario, without regard to its conflicts of law provisions.
ii. any disputes arising out of or relating to these Terms by means of negotiation with JoJoFun. If the dispute cannot be resolved by means of negotiation, the dispute shall be submitted to courts in Ontario, Canada.
i. JoJoFun reserves the right to modify these Terms or the Services.
ii. If JoJoFun believes, at its sole discretion, that the Client or the Artiste violates these Terms and it is appropriate, necessary or desirable to do so, JoJoFun shall be entitled to:
- Send a formal warning;
- Temporarily or permanently prohibit the use of the Services;
- Submit a report to the relevant public authorities; or
- Commence a legal action.
iii. The Client is not allowed to assign its rights under these Terms. JoJoFun is entitled to transfer its rights and obligations under these Terms entirely or partially to a third party by giving a prior notice to the Client.
iv. In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such a provision shall nonetheless be enforceable to the fullest extent permitted by the applicable law, and the unenforceable portion shall be deemed to be severed from these Terms. The validity and enforceability of the remaining provisions shall not be affected as a result.
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