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User Agreement

AGREEMENT, CERTIFICATION AND PARTIES By signing this document [hereinafter referred to as “Agreement”] whether digitally through email or other electronic submission software or signing a physical hard copy, the buyer, customer or client [henceforth known as "The Client"] agree that the details of the date, time, location, contact information and product of this magic show performance product service, etc. ["Event Service"] as per outlined by the corresponding invoice (see order number) are correct and The Client agree to all terms and conditions set forth by Bronson Chadwick, Bronson Chadwick d/b/a Chadwick Magic and Film, or The Wonder Store LLC [henceforth known as “The Provider.”] The persons signing this document warrants that they are authorized to represent and bind the organization, company or group that make up The Client. The Client and The Provider agree that any modifications to this Agreement must be done so in writing. Any further contracts, agreements, rules, or regulations set forth by The Client will be superseded and overridden by that of this Agreement if the clauses and stipulations of these further contracts, agreements, rules, or regulations conflict with that of this Agreement.

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If additional paperwork is needed by The Client such as vendor forms, tax documents, financial information and so-on, this paperwork must be submitted to The Provider within one business day of the signing of this document by The Client. This Agreement transfers any verbal agreements into writing. The Client agrees that this Agreement may be signed electronically and signed with a digital signature by signing the first, middle initial and last name of The Client.

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PAYMENTS By signing this document digitally or otherwise The Client understands that payment is due as dictated by the invoice sent to The Client as a separate document. Please examine your invoice document for payment terms. Failure for The Client to pay applicable deposit or necessary prepayment for the services/products to be rendered will result in a cancellation of this agreement and no services will be rendered by The Provider. Payments may be made to The Provider via payroll check, company check, United States Postal money order, credit/debit card over the phone or in person, ACH, PayPal transfers, Cash App transfers or Venmo transfers. The Provider does not accept personal checks or crypto currencies as payment. Furthermore, due to the nature of our work with schools, libraries, and other municipal agencies, The Provider cannot accept cash payments. The Provider retains the right to change the method in which payments are received at any time without prior consent of The Client. The Client should examine the invoice for further payment instructions. Deposits and prepayments are non-refundable. Any payments that are reversed by The Client for any reason including Event Service cancellation, such as credit/debit card chargebacks or returned checks are subject to a $200 USD (TWO HUNDRED US DOLLAR) fee plus the cost of any fees from the financial institutions of The Client or The Provider. All payments are due no later than upon conclusion of the Event Service in full.

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There are no delayed payment terms to be allowed by The Provider except that which is named in the Invoice accompanying this Agreement. Failure to pay upon conclusion of the Event Service will result in late fees, penalties, and legal action. The Client understands and agrees that they must work promptly with any accounting or accounts payable departments at their organization to ensure payment is made on time. Late fees are applied the following calendar day to any remaining balance due. Late fees are $50 USD (FIFTY USD) for the first day of nonpayment of the total principal balance and an additional $20 (TWENTY USD) for each additional day of nonpayment of the total principal balance.

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MODIFICATION AND CANCELLATION The Client may request date and/or time changes for magic performance services or products but such changes are subject to the availability of The Provider. If The Client chooses to cancel a magic service or product, all remaining balance is due immediately. In the event of a cancellation The Client may request that The Provider reschedule the event within one calendar year of the cancelled event. In the event that The Provider is unable to provide the Event Service for any reason including death, illness, acts of God, bereavement, transportation failure, government interference or any other reason, then The Provider will attempt to schedule another magician to provide similar services for The Client thus fulfilling this agreement. If for any reason The Provider cannot provide the Event Service to The Client, whether provided by Bronson Chadwick or another performer, on the original date and time, then The Client will be refunded any deposit and/or prepayment within thirty business days after the date of the scheduled Event Service. If the Event Service is interrupted or terminated early by The Client, or anyone at the location where the Event Service is to take place (including members of the audience) for any reason the total balance is still due if any balance is due prior to the start time of the Event Service.

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PERFORMANCE Due to the nature of live entertainment the provider does not guarantee that the service will be appreciated by The Client or any or all members of the audience or event guests. The client understands that the jokes, improvisational words, or anything else spoken, portrayed, or otherwise communicated by The Provider may or may not be appropriate as deemed by The Client or the audience. The Client agrees that The Provider cannot be held responsible for how The Client, or an audience or event guests of The Client interprets or reacts to humor or other content of the product or service including during the performance, during load-in time, during setup time, tear-down time, or any other time that The Provider is on the location of the scheduled Event Service. Audience members, onlookers, and guests [henceforth “The Audience”] are solely responsible for how The Audience interprets the concepts and themes during an Event Service of The Provider. The Client understands that some Event Services may contain thrilling moments some consider frightening. The Client understands that The Provider may use special lighting, audio, smoke, or other theatrical effects which may affect photosensitive viewers. Viewer discretion is advised for all events, including those which are intended for children and families. If The Client or The Audience are not completely satisfied with the Event Service of The Provider, then The Client is still obligated to pay the total amount of the balance due and may not demand a refund. If The Client is not satisfied with the product or service for any reason then The Provider may dismiss any remainder due at the discretion of The Provider, however any complaints must be submitted to The Provider by The Client within three business days in writing and submitted to The Provider via Certified US Mail to our address at 604-A Watson Street, Midland, TX 79701 USA.

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CROWD CONTROL The Client understands and agrees that at no point may anyone including audience members, event guests or others in attendance may touch the physical equipment of The Provider including but not limited to magic tricks, scenery, audio equipment, lighting equipment, video equipment, storage cases, curtains, props, personal items, or anything else that belongs to THE PROVIDER. THE CLIENT also understands and agrees that, if necessary, The Provider may use physical contact to prevent members of The Audience or others in attendance from touching anything that belongs to The Provider by escorting these individuals by hand or by pushing these individuals out of the way. The Client understands and agrees that The Client is solely responsible for any and all actions or damages made by The Audience before, during or after Event Services including load-in, setup and tear-down time, or other product or service to any equipment of or persons affiliated with The Provider. The Client understands and agrees that The Provider cannot be held responsible for the actions of The Audience including that which may result in self-defense of The Provider or any physical touch in attempt to control unruly crowds. The Provider hereby instructs The Client to ensure that all children under the age of eighteen are accompanied by a parent or legal guardian of at least eighteen years of age.

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LOCATION The Client understands and agrees that if the location of this event is changed to another location, then The Client is subject to paying an additional mileage fee of $2 (two USD) per mile at the discretion of The Provider. The Client understands and agree that magic performance services or products are to be done indoors and that outdoor events are not conducive to quality magic performances and services. The Client may request that the products or services produced by The Provider be done outdoors if such request is made in writing at least ten business days prior to the date/time of the product or service. If the product or service is to be outdoors then The Client is responsible for any equipment damaged by outdoor conditions including but not limited to rain, wind, hail, fire, vandalism, or theft.

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VIDEO/PHOTO Permission is given to The Client and to The Audience to video record or broadcast up to ten minutes total of the Event Service of The Provider. The Provider may grant permission to video more than ten minutes of the performance at the discretion of The Provider if done so verbally or in writing. There is a limit of 300 still-shot photographs that may be taken by The Client or The Audience. Audio recordings by The Client or The Audience are not permitted except those accompanying a video recording. The Client understands and agrees that The Provider may also record video, audio or take photos at this performance immediately before, after or during the Event Service, including anywhere on the performance location property where The Provider may be working including the exterior or interior of a residence, business, or any other location. The Client understands and agrees that The Provider may photograph, video and/or audio record an entire Event Service or in part of the Duration Time (see definition below) of the product or service for security, legal or promotional reasons. The Client understands and agrees that The Provider and any associates thereof may video record, photograph, or take audio recordings which may contain members of The Audience or anyone else near the performance space regardless of the age of The Audience or other factors. If The Client is aware of anyone in The Audience who wishes to not be on video, in photographs or audibly recorded then The Client must notify the Provider of such restrictions in writing at least ten business days prior to the date and time of the Event Services.

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PERSONAL OR PROPERTY DAMAGE The Client understands and agrees that The Provider and any associates thereof will not be held liable for damages to the property of The Client or The Provider while working on a location for an Event Service, before or after the performance, including damage to home, building, personal property, landscaping, furniture, pets, or humans.

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LAWS AND SAFETY The Client agrees that The Provider may choose whether or not to wear a medical face mask, face shield, rubber gloves or other personal protective equipment for the duration of the Event Service being rendered regardless of the vaccination status of The Provider or the policy of the building, organization, or venue where the product or service is arranged to be delivered. The Client agrees that The Provider has the civic duty and responsibility to report to legal authorities any actions of The Client or The Audience that may be illegal such as but not limited to the use of illegal drugs or suspected child abuse.

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VENUE The Client agrees that they have permission to use the location or venue where the product or service is to take place even if The Client is not the owner of the property. This includes parks, private clubs, meeting rooms, party rooms, libraries, amusement parks, coliseums, gymnasiums, or any other location where The Client requests for The Provider to render services or products. The Client agrees to provide The Provider with a performance space of approximately five feet deep or ten feet wide which is viewable by the audience [hereinafter referred to as “The Stage”] for performance if the product or service is to be done in a stage show format where the audience is seated or standing looking onto a single performance space. The Stage must be free of debris, the equipment of other performers or vendors, must have a solid floor and be free of holes. The Client agrees to ensure that The Stage is a well-lit area with a wall behind it where people cannot see from behind The Stage.

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The Client agrees to provide The Provider with a car parking space or car parking area within no less than two hundred feet of The Stage for the duration of the visit of The Provider. The Client agrees to provide The Provider with electricity, running water and a restroom for the duration of the visit of The Provider. The Client agrees that The Stage and all preparation areas are off limits and out of reach by The Audience and that at no point shall The Audience come closer than five feet away from The Stage and preparation area without the express permission of The Provider. The Client is responsible for making sure any security guards, office personnel, law enforcement and so-on is aware of the arrival and departure of The Provider for expedient check-in and check-out purposes. The Client also agrees to notify The Provider of any check-in processes immediately upon booking including identification procedures, sign-in sheets, registration forms or other processes along with the approximate amount of time such activities are expected to be. The Client agrees to allow The Provider to use a stage name, nickname, or other alias, as allowed by law, while The Provider is at the venue or location. The Client understands and agrees that The Provider may use an alias to protect themselves.

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TRANSPORTATION AND LODGING If The Provider has negotiated transportation, lodging or other travel amenities with The Client as part of the fee for Event Services to be provided then these travel amenities must be safe and clean. Proof of reservation and purchase of such amenities must be submitted to The Provider in writing at least thirty days prior to the date and time of the Event Services.

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DISPUTE RESOLUTION LITIGATION The Client and The Provider agree to use its best efforts to resolve any disputes under this Agreement through informal means. In the unlikely event that formal action must be taken, this agreement will be interpreted in accordance with the laws of the state of Texas in the country of the United States of America and the exclusive venue for any dispute arising out of this Agreement shall be in Midland County, Texas, United States of America. The prevailing party to any litigation shall be entitled to recover, in addition to damages, all legal costs and responsible attorney fees as fixed by the Court, both at the trial and appellate levels, and in any bankruptcy case and pose judgement proceedings. To the extent allowed by law, the parties hereto waive the right to a jury trial in any action or proceeding regarding this Agreement.

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LANGUAGE It is agreed that the products or services to be rendered by The Provider shall be in US English whenever spoken or written communication is necessary.

 

DURATION The duration of Event Services is at the sole discretion of The Provider. The time in which The Provider is on the property or at the venue of The Client for the product or service including setup time, packing time, tear-down time, lodging time and performance time is referred to as “Duration Time.” The Duration Time begins when The Provider enters the property or venue and ends when The Provider leaves the property or venue with all equipment packed and removed from the premises. The duration of the actual runtime of Event Service performances [Runtime] is also at the sole discretion of The Provider. The Provider will ultimately attempt to fulfill the exact Runtime as described in the Invoice.

 

SECRECY The Client understands that neither they nor The Audience are entitled to the explanation of secrets behind magic tricks, magic illusions, magic principles, theatrical special effects, or sleight-of-hand. The Client understands and agrees that The Provider is bound by the rules and regulations set forth by organizations such as The Society of American Magicians, The International Brotherhood of Magicians, and the Texas Association of Magicians. The Client understands and agrees that The Provider cannot at any time explain the workings of magic tricks, magic illusions, magic principles, theatrical special effects, or sleight-of-hand feats except when deemed permissible by The Provider within reason.

 

RIGHT TO REFUSE The Client agrees and understands that The Provider may terminate the show or otherwise retain the right to refuse service at any time with or without giving a reason including but not limited to safety concerns.

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