Terms on Invoice...

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The person paying this invoice (hereafter called "Purchaser") and The Christmas Carolers, LLC, located at PO Box 2151, Birmingham, AL 35201 (hereafter called “Artist”) agree that the following provisions are the terms of the Performance Agreement. The parties agree that the terms of this attachment prevail over the terms of any other document relating to and a part of the contract in which this attachment is incorporated.

Electronic Signature Agreement. Your payment signifies your agreement (hereafter called “ESignature”) of The Christmas Carolers Terms of the Agreement. You agree your electronic signature is the legal equivalent of your physical signature on paper. By signing this you consent to be legally bound by this Agreement's terms and conditions. You further agree that your use of a keypad, finger, mouse, or another device to select an item, button, icon, or similar act/action, or to otherwise provide the Artists regarding any agreement, acknowledgment, consent terms, disclosures or conditions constitutes your signature (hereafter referred to as "E-Signature"), acceptance and agreement as if actually signed by you (the Purchaser) in writing. You also agree that no certification authority or other third-party verification is necessary to validate your E-Signature and that the lack of such certification or third party verification will not in any way affect the enforceability of your ESignature or any resulting contract between you (the Purchaser) and the Artist. You also represent that you are authorized to enter into this Agreement for your company and will be bound by the terms of this Agreement. You further agree that each use of your E-Signature in obtaining the Artists services constitutes your agreement to be bound by the terms and conditions of this Agreement as they exist on the date of your E-Signature.

BOOKING REQUIREMENTS
The creation of an account and either a 50% deposit or a full payment is required to book carolers for your event. You can cancel your booking, but please note all money paid is non-refundable. If you need to reschedule, we might be able to apply your deposit to a new date, depending on availability. Please call 833-CAROLER to discuss.

PAYMENT OPTIONS
You will have the option of paying with a credit card (charges apply) or by check (no charge). Again, an event is not booked until payment has been received and processed.

1. PAYMENT AND COMPENSATION
Purchaser will make a full payment to Artist 30 days prior to the arrival date of the performance(s), or if the event has been booked within 30 days of the event the Purchaser will make a full payment to the Artist at the time of booking.

2. ARTIST’S RIGHT TO TERMINATE OR CANCEL AGREEMENT
Artist shall have the right to terminate or cancel this agreement and refund the full deposit or fees paid without obligation or notice.

3. PURCHASER CANCELLATION AND REFUND POLICY
You can cancel your booking, but please note all money paid is non-refundable. If you need to reschedule, we might be able to apply your deposit to a new date, depending on availability. Please call 833-CAROLER to discuss. Cancellations must be provided within 5 days of the event or late cancellation fee will be added ($10 per $100). All monies paid to The Christmas Carolers is non-refundable unless we cancel.

4. FORCE MAJEURE
Neither Artist nor Purchaser shall be liable for failure to appear or perform its obligations under this agreement in the event that such failure is caused by or due to the acts or regulations of public authorities, labor difficulties, civil tumult, inclement weather, strike, epidemic, interruption or delay of transportation service, or any other legitimate cause beyond the control of Artist and Purchaser.

5. SICKNESS AND ACCIDENTS
Artist’s agreement to perform is subject to proven detention by sickness or accident. In the event of such non-performance, the full payment (if any) advanced to the Artist shall be returned promptly.

6. PROMOTION AND PRODUCTION
Purchaser shall be responsible for all matters pertaining to the promotion and production of the scheduled engagement, including but not limited to venue rentals, security, and advertising. Artist agrees that Purchaser may use Artist’s name, pictures, photographs, recordings, and other likenesses in connection with advertising and publicizing the engagement(s) hereunder, but such use shall not be without prior approval of Artist. We honor union and non-union fees on usage and session fee guarantees to our performers. It the responsbility of the Purchaser to ensure the Artist is aware of how the Purchaser plans on using any recordings of our carolers.

7. VIDEO AND AUDIO TAPING
Purchaser permits any person to, record, broadcast or digitally stream the Artist’s performance.

8. TECHNICAL RESPONSIBILITIES
Sound and/or lighting equipment and/or services shall be the sole responsibility of the Purchaser.

9. COSTUMES AND TALENT
The Artist will arrive dressed in costumes similar to what the Purchaser will find in pictures found on www.thechristmascarolers.com. Costumes can vary and may not be exactly what’s found on the site but will be very similar. The Purchaser waives any rights to refunds based on any complaints due to the costumes. Purchaser waives any rights to refund based on any complaints due to the vocal ability of the Artist.

10. SECURITY
Purchaser shall provide adequate security so as to guarantee the safety of the audience and the Artist. Purchaser shall be responsible for any theft or damage to the property or premise of the location.

11. PYROTECHNIC DEVICES
No pyrotechnic devices shall be used without the prior express written consent of both Artist and Purchaser. Any such device shall be subject to applicable fire laws and shall be administered by a person with professional experience in pyrotechnics. Purchaser shall be responsible for obtaining all applicable permits.

12. INDEPENDENT CONTRACTORS
Artist acknowledges that it is an independent contractor and not an employee of the Purchaser and shall be responsible for all taxes. The Artist shall control the times and division of the performance as well as the manner, means, and details of such performance. Purchaser also holds the Artist harmless for all activities related to Artist’s engagement and performance. Except for claims arising from Artist’s willful or intentional acts, Purchaser shall release Artist for any actions of the Performers and will not take any legal action against the Artist for any reason.

13. GENERAL LIABILITY RELEASE OF CLAIMS
In consideration of the payment rendered by Purchaser to the Artists for the performance, the receipt and sufficiency of which is hereby acknowledged, do hereby release and forever discharge the Artist, their agents, employees, successors and assigns, and their respective heirs, personal representatives, affiliates, successors and assigns, and any and all persons, firms or corporations liable or who might be claimed liable, whether or not herein named, from any an all claims, demands, actions, causes or suites of any kind or nature whatsoever, whether known or unknown, fixed or contingent, which Purchaser now have or may hereafter have or claim to have, as a result of or in any way relating to the performance. It is understood and agreed that, along with this agreement, the invoice has been made and received in the full and complete settlement and satisfaction of the aforesaid actions, causes of action, claims and demands, that this agreement is the entire agreement between parties; and that the terms of this agreement are contractual and not merely a recital. Furthermore, this agreement shall be binding upon the undersigned, and his respective heirs, executors, administrators, personal representatives, successors, and assigns. Each of the parties to this agreement expressly waives the protection of Section 1542 of the California Civil Code, and expressly waives and releases any rights or benefits arising thereunder.

14. INSURANCE
Purchaser, or location of the event (which will be the purchaser’s responsibility to obtain) shall obtain and maintain, at its own expense, adequate personal injury and property damage liability insurance coverage. The Contract Laborers are responsible for their own insurance and legal representation.

15. NO PERSONAL LIABILITY OF PURCHASER’S REPRESENTATIVES OR AGENTS
Any representative of Purchaser executing this agreement as Purchaser or an agent thereof shall not be held personally liable for the payment of any costs or fees related to this contract.

16. ASSIGNMENT, ENTIRETY OF AGREEMENT, GOVERNING, JURISDICTION, AND MEDIATION
This agreement cannot be assigned or transferred without the written consent of the Artist. This agreement constitutes the entire agreement between the parties. No modification shall be enforceable except in writing and signed by the parties hereto. This agreement shall be governed by the laws of the state of Alabama. In the event any dispute arising under this agreement results in litigation, arbitration, or mediation, such action or proceeding shall be brought within the state or federal courts of Alabama.

17. SEVERABILITY
If any provision of this Agreement or the application thereof is held invalid, the invalidity shall not affect other provisions or applications of this Agreement which can be given effect without the invalid provisions or application, and to this end, the provisions of this Agreement are declared to be severable.

18. REPRESENTATIVE’S AUTHORITY TO CONTRACT
By agreeing with this document, the representative and/or agent of the Artist hereby represent that such Person is duly authorized and that the Artist agrees to be bound by the provisions of this Agreement. It is expressly understood and agreed that in acting hereunder solely in the capacity of representative or agent of Artist, said person is not a party to this contract and shall not be liable or responsible in any way for the omissions of Artist, nor for any failure by Artist to adequately perform or comply with any term or condition hereof.

19. TRAVEL EXPENSES
The purchaser has included reasonable travel expenses in your quote. If additional unknown expenses arrive, the Purchaser will be informed of the additional expense prior to the Artist performing.

IMPORTANT: BEFORE YOU BOOK: If events are to be used online or in publication of any kind (TV, Print, Streaming, etc.) please answer the following questions before you book.

1. Please describe the specific purpose and context in which our performances and images will be used.
2. For how long do you intend to use our performances and images? (e.g., one month, one year, indefinite)
3. On which platforms or media types will our performances and images be featured? (e.g., social media, television, print, online advertising)
4. What is the geographic reach of the advertising or social media campaign? (e.g., local, national, international)
5. Will the performances or images be edited or modified in any way? Please provide details.
6. Are you seeking exclusive rights to use our performances and images, or will this be a non-exclusive arrangement?
7. What compensation and/or royalty arrangements are being offered for the use of our performances and images?
8. How will our performers be credited in the advertising or social media content?
9. Please outline any additional legal or contractual terms that will apply to the use of our performances and images.