Terms of service
The following are the terms and conditions for use of The Mascot Organization, LLC. (“Mascot”) services (the "Service"). Please read them carefully. Our Service is offered to you with the condition you accept without modification the terms and conditions contained herein. Mascot may change the Terms of Service at any time. Accordingly, you should check the Mascot website for updates from time to time.
BY ACCEPTING AND ENGAGING MASCOT’S SERVICES, YOU ARE (1) REPRESENTING THAT YOU ARE OVER THE AGE OF 18 AND HAVE THE CAPACITY AND AUTHORITY TO BIND YOUR ORGANIZATION TO THE TERMS OF THIS AGREEMENT AND (2) CONSENTING AS AN AUTHORIZED REPRESENTATIVE OF YOUR ORGANIZATION (THE “CLIENT”) TO BE BOUND BY THIS AGREEMENT.
This Agreement is made up of the terms below, plus all attachments to this Agreement, and the other policies and materials specifically referred to in these Terms of Service, all of which are incorporated herein by reference. The Agreement and related policies are also set forth on the Mascot website (http://www.mascot.org/) ("Website"). The Agreement sets forth the terms and conditions under which you agree to use the Service, and under which Mascot agrees to provide the Service to you.
1. ENGAGEMENT. Client hereby engages Mascot to perform the Services, as hereinafter defined, and Mascot accepts such engagement, upon the terms and conditions set forth herein.
2. TERM. This Agreement shall become effective upon access and/or use of the Service and shall remain in effect for so long as the Client continues to access and/or use the Service. Mascot may terminate this Agreement and cease providing any additional services for any reason.
4. MODIFICATION: At any time and in its sole discretion, Mascot may modify this Agreement and post such modifications on its website. Continued use of the service by Client shall constitute acceptance of such modifications. Client may modify the terms of this agreement provided that modification is in writing and agreed to by Mascot.
5. SERVICES. Mascot during the Term of this Agreement, shall devote such time and resources as are necessary to provide talent staffing & necessary support personnel & logistics services as requested by Client with respect to certain approved events and programs involving costume character appearances. For each event and program, the Client and Mascot shall complete and sign an Event Request Form and its terms shall be incorporated herein by reference.
6. CONSULTATION AND COORDINATION. Client is entering this Agreement based on the unique qualifications of Mascot and all of the Services shall be performed by Mascot at such times as are reasonably requested by Client and agreed to by Mascot. Mascot’s performance of the Services shall be coordinated through who is Client’s full time authorized representative or such other person as Client may appoint from time to time.
7. COMPENSATION. Client shall pay Mascot as full compensation for the services rendered and rights granted to Client under this Agreement, for each project to be performed as part of the Services, the sum agreed by Mascot and Client and set forth in the event request form (or as subsequently modified by agreement of the parties). Unless specifically agreed otherwise, all invoices are due on receipt of invoice. Past due invoices are subject to an administrative late fee of $50 dollars per month. In addition, Client agrees to pay any and all fees, interest, expenses, court costs and reasonable attorney fees incurred by Mascot in collecting payment for services performed under this agreement. Mascot may, at its discretion, suspend services under this agreement if Client has any bills that are past due.
8. THIRD PARTY BILLING. Mascot does not accept any third party billing unless third party pays in full in advance or signs contractual arrangements with Mascot and first party (original Client making services request) has provided a backup funding source (i.e. credit card) . Client is responsible for all charges in the event the third party defaults or does not make payments according to the terms of the agreement.
9. CLIENT CANCELATION. Client understands that Mascot expends significant resources well in advance of an event to prepare for and staff the event. In addition, Mascot performers often cannot find replacement work if an event is canceled too close to the event day. Therefore, if Client cancels an event date more than two business days but less than six business days in advance of the event date for any reason at all, including weather, Client shall pay Mascot a cancelation fee of one half the rate for that event. If Client cancels an event date within two business days of the event date for any reason at all including weather Client shall pay for the full amount of the event that was canceled. If Client is for any reason responsible for a performer provided by Mascot not being able to perform, Client shall pay the agreed payment for that performer in full.
10. CONFIDENTIALITY OF AGREEMENT. Client understands that financial arrangements between it and Mascot are confidential. If Client shares the terms of this Agreement or any other agreement between Client and Mascot with any third party, such as Mascot subcontractors, Client agrees to pay all outstanding bills at twice the agreed upon hourly rate as liquidated damages for violating this provision.
11. RUSH ORDERS. All rush orders placed within 2 business days of event are subject to an additional $50 rush fee for Mascot rush staffing service. Client agrees to this cost regardless of Service success to cover additional Mascot administrative costs.
12. RESTRICTIONS AND REQUIREMENTS FOR APPEARANCES. Notwithstanding anything to the contrary in this Agreement, and except as specifically agreed otherwise in writing between the parties, Client agrees and shall provide the following:
(a) Accurate & complete information on the event request form and all expectations for performer must be clearly explained
(b) Clarification of when the event is to start and when performance is to start. All talent provided by Mascot must be given at least 15 minutes to prepare before the start of any performance. If more preparation time is needed prior to the performance time it must be included in the compensated hours.
(c) All expectations of performer clearly explained and documented prior to event. If Client has specific character guidelines Mascot must receive those no later than 5 business days prior to event.
(d) Any rules & regulations for the event venue must be provided in advance to Mascot on the event request form. This may include but not limited to parking, security clearance and any other credentials necessary for access.
(e) Client must provide a safe performing environment including dedicated guides or other crowd control as needed as well as a safe and clean non-public changing space. Restrooms are not acceptable for changing & breaking space. Client must also provide the performers with reasonably close restrooms and an ample supply of safe drinking water.
(f) Client must provide a minimum 20 minute break per hour of performance. Longer breaks may be needed factoring in weather conditions, activity and type of performance.
(g) Client must provide Mascot the costume specs sufficient to ensure that staffing provided by Mascot will safely be able to fit in and operate the costume. Example: Costume height limits, weight limits, build, Open Face etc. Performer has the right to refuse without pay penalty for the day getting into the costume if the costume is unclean or unsafe.
(h) Client must provide information regarding reasonable parking availability and is responsible to pre-arrange performer access to event location.
(i) Client updates to the event details and performance requirements must be submitted to Mascot in writing at least 3 business days prior to the event.
(j) If Client requires vendor paperwork or a PO for payment of services. It must be processed & approved in Client’s system in advance of booking. Failure to provide this information prior to the event does not release Client from their financial obligation for services rendered and payment in a timely fashion.
(k) Mascot performers shall not be required to perform stunts or any task that puts the performer or anyone else at risk of harm.
(l) Mascot performers shall not perform excessively strenuous or physically difficult tasks particularly when considering the physical constraints of the costume.
(m) Mascot performers shall not perform in a costume that is unsanitary or unsafe (For example: worn after last cleaning, smelly, wet, or dirty).
13. CHOICE OF LAW. This Agreement shall be governed by, and construed under, the laws of the State of Ohio. Jurisdiction and venue for all purposes shall be in the County of Franklin, State of Ohio.
14. MODIFICATION; SURVIVAL. This Agreement shall not be modified, altered, amended or revoked except as set forth herein and in writing, duly executed by Client and Mascot. The warranties and representations, and the indemnification and confidentiality provisions shall survive the expiration or termination of this Agreement.
15. INTERPRETATION. In the event any part of this Agreement shall be struck as unlawful or unenforceable by a court of competent jurisdiction, then the remainder shall stand in full force and effect, unless the Agreement would then be incomprehensible or unduly burdensome on either party, in which event the parties shall promptly meet to negotiate in good faith an equitable amendment to serve the original objectives of the parties. In no event shall such amendment deprive Client of exclusive ownership or control of any of the work performed or prepared for Client in connection with the Services.
16. NO WAIVER. No consent to or waiver of any breach or default in the performance of any obligations under this Agreement shall be deemed or construed to be a consent to or waiver of any other breach or default in the performance of any of the same or any other obligations hereunder. Failure on the part of any party to complain of any act or failure to act of any other party or so declare any party in default, irrespective of the duration of such failure, shall not constitute a waiver of rights hereunder, and no waiver hereunder shall be effective unless it is in writing and executed by the party waiving the breach or default hereunder.
17. LIMITATION OF WARRANTY. MASCOT IS PROVIDING ITS SERVICES ON AN “AS IS” BASIS. MASCOT MAKES NO WARRANTIES OR GUARANTEES OF ANY KIND, INCLUDING WARRANTIES OF FITNESS, PURPOSE, OR MERCHANTABILITY, EITHER EXPRESS OR IMPLIED THAT MASCOT WILL BE ABLE TO PROVIDE THE AGREED EVENT PERSONNEL OR THAT THEY WILL PERFORM TO THE EXPECTATIONS OF THE CLIENT.
18. LIMITATION OF LIABILITY. MASCOT’S AGGREGATE LIABILITY FOR ALL CLAIMS ARISING FROM THIS AGREEMENT, UNLESS MODIFIED IN WRITING BY MASCOT, REGARDLESS OF THE NATURE OF SUCH CLAIM, SHALL NOT EXCEED THE AGGREGATE AMOUNT PAID BY CLIENT TO MASCOT IN CONNECTION WITH THE SERVICES PROVIDED HEREUNDER FOR THE SPECIFIC EVENT WHICH SUCH CLAIM ARISES FROM OR IN RELATION TO.
The parties agree that the limitations specified in this Section will survive and apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose. Client acknowledge that Mascot has set its prices and entered into this Agreement in reliance on the disclaimers of warranty and the limitations of liability set forth in this Agreement and that the same forms an essential basis of the bargain between the parties.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH CASES, YOU AGREE THAT OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW.
19. NON-SOLICITATION: Client shall not, during the term of this Agreement and for a period of twelve (12) months hereafter following the most recent engagement of Mascot, for any reason or no reason whatsoever, either directly or indirectly, solicit or attempt to solicit, interfere with, entice away from Mascot or adversely affect Mascot relationship with any Client, customer, licensee, licensor, distributor, source of supply or contractor of Mascot whether actual or prospective. If Client wishes to hire a contractor or performer of Mascot then Client must get written permission from Mascot and compensate Mascot a sum total of $2,000 to obtain a release from this provision for that individual. This provision shall survive termination of this Agreement.
20. REASONABLE ATTORNEY FEES: If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, costs and necessary disbursements incurred both before and after judgment in addition to any other relief to which such party may be entitled. .