UPDATED: NOVEMBER 8TH, 2023
DISCLAIMER: Magical Moments does not intend to violate any copyright laws. Our characters are not name brand copyrighted characters. Our characters are generic and we only accept orders from individuals who are aware that we do not represent any licensed character. If you are requesting a licensed, copyrighted character, please contact the company or copyright holders.
Magical Moments reserves the right to change or modify any of the terms of service contained in the Terms of Service from time to time, at any time, without notice, and in its sole discretion. If Magical Moments decides to change these Terms of Service, Magical Moments will post a new version on the site and update the date set forth above. Any changes or modifications to these Terms of Service will be effective upon posting of the revisions. Your continued use of the sites following posting of any changes or modifications constitutes your acceptance of such changes or modifications and if you do not agree with these changes or modifications, you must immediately cancel all scheduled orders with Magical Moments and cease using the site. For this reason, you should frequently review these Terms of Service and any other applicable policies, including their dates, to understand the terms of services that apply to your use of the site and Magical Moments' services.
Waiver for Princess & Superhero Party Packages, Tea Parties, Smash Parties, Special Events and Activities
I (the “Client”), on behalf of myself, owners and the parent/legal guardian of the child, knowingly and freely assume all such risk, both known and unknown, including those that may arise out of the negligence of other participants; and, I, for myself and the parent/legal guardian of the child, and our respective heirs, assigns, administrators, personal representatives, and next of kin, hereby release and hold harmless, Magical Moments, their affiliates, owners, shareholders, officers, members, agents, employees, other participants, and sponsoring agencies from and against any and all claims, injuries, liabilities or damages arising out of or related to our participation in any and all Magical Moments programs, activities, parties, and/or events.
- I represent that I am the parent or legal guardian of the Child(ren) on the reservation form or I have obtained permission from the parent/legal guardian of the Child(ren) named on the reservation form to execute this agreement on their behalf.
- I acknowledge and understand that there are known and unknown risks associated with participation in Magical Moments activities and events, which include but are not limited to: fractures, scrapes, cuts, bumps, allergic reaction, paralysis, or death.
- I, for myself and the Child(ren) named, willingly assume the risks associated with participation and accept that there are also risks that may arise due to other children and adults at the Magical Moments event or activity which I also willingly assume. In addition, if I observe any hazard during our participation, I will bring it to the attention of the Magical Moment’s employee or official immediately.
- I agree that the Child(ren) named, and I shall comply with all stated and customary terms, posted safety signs, rules, and verbal instructions as conditions for participation in any Magical Moments event or activity.
- I, for myself, the Child(ren) named, our heirs, assigns, representatives, party guests, and next of kin agree that Magical Moments is not responsible or liable for any accidents or damages, staining of skin, clothing or hair, allergic reaction due to face paint or any other Magical Moments supplies.
- I acknowledge and understand that Magical Moments does not intend to violate any copyright laws, Magical Moments characters are not name brand copyrighted characters. I acknowledge and understand that Magical Moments characters are generic and that Magical Moments does not represent any licensed character. If I want a licensed, copyrighted character, I will contact the company or copyright holders.
- I agree that I will make best efforts to keep ambient noise levels low and to make distracting activities off-limits to children during the performance.
- I agree that there will be no costumed character entertainers from companies other than Magical Moments at the event without prior written consent from Magical Moments.
- I agree that any photographs or videos of the performer or any Magical Moments property are for personal use only unless I receive written consent from Magical Moments. I will not sell or give videos or photographs to competitors.
- I agree that I will not charge a fee of any kind to photograph, interact with, or see the Magical Moments event, party, or performer unless I obtain written permission from Magical Moments.
- I agree that I will abide by the Magical Moments frame agreed to in my booking or rescheduled booking. I will not disrupt a performer’s start time or delay performer from leaving. If I decide during the event to have the performer stay for an additional half-hour, and that they are available, I will pay $50 for each additional 30 minutes and will be invoiced by Magical Moments at a later date.
- I agree that I will supervise in the same room as the performer at all times and handle any disruptive guest’s behavior.
- I agree that I will be responsible for any damage to costume (including but not limited to wigs, shoes, gowns, and accessories) caused by client or event attendees. I will avoid staining agents (including but not limited to foods and art supplies) before and during the performer’s time at the event.
- I agree that I will not hold Magical Moments responsible for tardiness of performers or attendees caused by traffic conditions or any other factors outside the control of Magical Moments.
- I understand and acknowledge that Magical Moments reserves the right to change the performer for any reason including but not limited to performer illness, traveling or timing conflict, or performer no longer working with Magical Moments.
- I, for myself, the Child(ren) named, our heirs, assigns, representatives, party guests, and next of kin agree to hold harmless, release, waive and indemnify the owner of Magical Moments, their predecessors, parent, subsidiaries and affiliates, officers, and employees from any and all injuries, liabilities or damages from participation, except for those arising from the gross negligence or willful misconduct of Magical Moments.
- I additionally agree to indemnify the independent owner of Magical Moments, their predecessors, parent, subsidiaries and affiliates, officers, and employees for any defense cost or expense arising from any and all claims, injuries, liabilities or damages arising from participation, except for those arising from the gross negligence or willful misconduct of Magical Moments.
- I am of physical ability to participate and am legally competent to understand and complete this agreement. I hereby execute this agreement without coercion.
- The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement, which shall remain in full force and effect.
- Any controversy, dispute, or claim arising out of or related to this Agreement, which the parties are unable to resolve by mutual agreement, shall be settled exclusively by submission by either party of the controversy, claim or dispute to binding arbitration; said arbitration to take place exclusively before a single arbitrator located within 25 miles of Magical Moments headquarters and in accordance with the rules of the American Arbitration Association then in effect.
Party Packages @ Your Location - Terms of Service
Deposits
To fully secure a date, we require a deposit of $50.00. Any events over $500 will require a 50% deposit. All parties booking within 7 days of the event are required to pay in full. If we do not receive your deposit within 48 hours of sending your confirmation email, the party date will be automatically released.
Your deposit will be deducted from the total price. The balance must be paid in full 7 days prior to the date of the party.
Fuel and Travel Time Reimbursement Fees
Magical Moments performers will travel up to 20 miles for free from our location: 813 9th Street, Greeley, CO 80631. There will be a $10 fuel reimbursement fee plus a $1.00/mile travel time fee added on for any miles beyond the included amount. We check all of our mileage through Google Maps. We do round up to the next dollar. For example, a party that is 26.4 miles from our location will have a $10 fuel fee and a travel time fee of $7.00 (26.4 miles (20 are included) 6.4 miles x $1.00/mile = $6.40 - rounded up to $7.00). This fee will be noted in your confirmation email. This fee goes directly to the performers for their round-trip fuel and travel time.
Liability for Damages
Your Magical Moment character will treat your home with utmost respect, and provide professional service. Magical Moments assumes no responsibility or liability for accidents or damage caused by party guests. We appreciate your assurance to ensure that our assets are treated gently, carefully, and with respect. As the client, you will be held financially liable for any damage incurred to Magical Moments assets while we are on-site at your location. Any activity that is not part of our packages ( crafts, games, other activities) that you wish to have performer during the time of the character is present must be approved by Magical Moments PRIOR to the event with no exceptions.
Food and Drinks
We ask that the children be served either before or preferably after the character's time at your party. We want to avoid sticky hands or the spilling of drinks on our costumes during activity time. Before the character leaves, they will lead the singing of “Happy Birthday” to the guest of honor. This is a perfect time to cut the cake, and allows the character to leave discreetly. The character is not to prepare or serve food or drink at the party.
Space Requirements
Please Provide a clean and open space indoors (outdoors with shade is fine May-September, weather permitting) for us to entertain and play with the children. Areas where toys are out of site will help to keep children engaged during character led activities. Rooms that are free of toys also prevent falls and accidents from happening. Our characters will require a space where the character can sit down, and the children can sit in front of them (a story time type of setting), and an area big enough where they can get in a circle and do some dancing or stretches.
Final Count and RSVP Policy
You'll need to provide a final count one week prior to the party ONLY if you have exceeded the number of attendees noted on your reservation form. This will be the number used to plan appropriate quantities of supplies & prizes. This final count includes the Birthday Child. If a guest is included in the final count and does not attend, unfortunately we cannot provide a refund.
Parents are welcome to stay, help and enjoy the party. Please keep in mind, children behave better when parents are not hovering over them. However an adult must be present in the same area as the character and children throughout the party. Guests and siblings under the age of three will need to be supervised by their parent as they are too young for most games and for safety.
Cancellations and Refunds
Deposits are non refundable.
If changes are needed or emergencies arise, we will gladly move your reservation to another date/time pending character availability. Should your reservation be cancelled, payment will be refunded in full minus a $50 cancellation fee. Any events over $500 that are cancelled, the cancellation fee will be 50% of the total package price.
Photography
Magical Moments reserves the right to use photos taken during the party for promotional purposes. These photos will not identify the child’s full name, age, or residence. And we are happy to allow you to take as many photos and/or video footage as you like as well.
Gratuities
Gratuities are not included in the package pricing, and are always greatly appreciated by our princess characters and party assistants! Our performers are professional working actors all along the Front Range. They usually receive tips anywhere from $20-$100 per performer per event.
Arrival and Departure Times
The character's start & end time will be determined prior to party date and to have a 10 minute “window” to account for unforeseen circumstances. Extended time and/or characters can be accommodated if arrangements are made in advance. Please keep in mind that if a character arrives late they will make that time up, ensuring that they are there for the full package time. This does not happen often, but circumstances that are unforeseen can arise when traveling to new places.
Perfect Princess Tea Party & Superhero Smash Party Packages at Boomer House - Terms of Service
Deposits
To fully secure a date, we require a deposit of $50.00. Any events over $500 will require a 50% deposit. If we do not receive your deposit within 48 hours of sending your confirmation email, the party date will be automatically released.
All parties booking within 7 days of the event are required to pay in full.
Your deposit will be deducted from the total price. The balance must be paid in full 7 days prior to the date of the party.
Liability for Damages
Magical Moments assumes no responsibility or liability for accidents or damage caused by party guests. We appreciate your assurance to ensure that our assets are treated gently, carefully, and with respect. As the client, you will be held financially liable for any damage incurred to Magical Moments assets while at our location. Any activity that is not part of our packages ( crafts, games, other activities) that you wish to have performer during the time of the character is present must be approved by Magical Moments PRIOR to the event with no exceptions.
Food and Drinks - Supplied by Parent/Guardian
- 3-4 finger foods & cutlery (if needed)
- Non-staining beverage of choice (pink lemonade recommended).
- Birthday dessert (Cupcakes are best. They allow for more character time).
Tea or Smash Party package includes:
♥ One Magical Moments Party Host - to set-up, help during the party, and take care of clean-up
♥ A 2-hour visit with your favorite character
♥ Themed decorations and centerpieces in your characters "style"
♥ Tables and chairs for all of your guests (tea settings for 16 children included - more may be added for $10 per child up to 32)
♥ Themed music throughout the event
♥ Dishes and cake-plates for your food items to be placed on (we recommend 3-4 finger foods)
♥ Vintage teacups (Princess parties) or Cups (Smash parties), saucers, and plates for each child
♥ Tea pots or pitchers to serve your provided beverages (we recommend any non-staining beverage - Pink Lemonade is great!)
♥ Character themed linens
♥ Dress up rack with a variety of beautiful princess gowns or superhero capes
Final Count and RSVP Policy
You'll need to provide a final count one week prior to the party. This will be the number used to plan appropriate quantities of tea settings, tables, prizes and/or crafts. This final count includes the Birthday Child. If a guest is included in the final count and does not attend, unfortunately we cannot provide a refund.
Parents are welcome to stay and enjoy the party. Boomer House can accommodate up to 50 people in the space. However, because it is a Victorian House, there is limited space in each room. Please note that these parties are geared for the children. Two tea tables are set for 16 children automatically. Additional tables can be set for a fee, but they will be in an adjacent room. Any event with over 20 children will require a 2nd Fairy Godmother (Tea Party Host). That fee is an additional $100. If you have less children present, you may have adults sit at the tea tables. Additional seating is available throughout the house for the adult attendees.
Please keep in mind, children behave better when parents are not hovering over them. However, an adult must be present in the main area throughout the party. Guests and siblings under the age of three will need to be supervised by their parent as they are too young for most games and for safety.
Arrival
Please have one parent/guardian arrive 15 minutes ahead of party time to assist in setting out the food items provided. Guests should arrive at party start time. Doors to the event space will not open until that time.
Cancellations and Refunds
Deposits are non refundable.
If changes are needed or emergencies arise, we will gladly move your reservation to another date/time pending character availability. Should your reservation be cancelled, payment will be refunded in full minus a $50 cancellation fee. Any events over $500 that are cancelled, the cancellation fee will be 50% of the total package price.
Photography
Magical Moments reserves the right to use photos taken during the party for promotional purposes. These photos will not identify the child’s full name, age, or residence. And we are happy to allow you to take as many photos and/or video footage as you like as well.
Gratuities
Gratuities are not included in the package pricing, and are always greatly appreciated by our princess characters and party assistants! Our performers are professional working actors all along the Front Range. They usually receive tips anywhere from $20-$100 per performer per event.
Perfect Princess Tea Party & Superhero Smash Party Packages at YOUR Location - Terms of Service
Deposits
To fully secure a date, we require a deposit of $50.00. Any events over $500 will require a 50% deposit. If we do not receive your deposit within 48 hours of sending your confirmation email, the party date will be automatically released.
All parties booking within 7 days of the event are required to pay in full.
Your deposit will be deducted from the total price. The balance must be paid in full 7 days prior to the date of the party.
Liability for Damages
Magical Moments assumes no responsibility or liability for accidents or damage caused by party guests. We appreciate your assurance to ensure that our assets are treated gently, carefully, and with respect. As the client, you will be held financially liable for any damage incurred to Magical Moments assets while at our location. Any activity that is not part of our packages ( crafts, games, other activities) that you wish to have performer during the time of the character is present must be approved by Magical Moments PRIOR to the event with no exceptions.
Food and Drinks - Supplied by Parent/Guardian
- 3-4 finger foods & cutlery (if needed)
- Non-staining beverage of choice (pink lemonade recommended).
- Birthday dessert (Cupcakes are best. They allow for more character time).
Tea or Smash Party package includes:
♥ One Magical Moments Party Host - to set-up, help during the party, and take care of clean-up
♥ A 2-hour visit with your favorite character
♥ Themed decorations and centerpieces in your characters "style"
♥ Tables and chairs for all of your guests (tea settings for 16 children included - more may be added for $10 per child up to 30)
♥ Themed music throughout the event
♥ Dishes and cake-plates for your food items to be placed on (we recommend 3-4 finger foods)
♥ Vintage teacups (Princess parties) or Cups (Smash parties), saucers, and plates for each child
♥ Tea pots or pitchers to serve your provided beverages (we recommend any non-staining beverage - Pink Lemonade is great!)
♥ Character themed linens
♥ Dress up rack with a variety of beautiful princess gowns or superhero capes
Final Count and RSVP Policy
You'll need to provide a final count one week prior to the party. This will be the number used to plan appropriate quantities of tea settings, tables, prizes and/or crafts. This final count includes the Birthday Child. If a guest is included in the final count and does not attend, unfortunately we cannot provide a refund.
Parents are welcome to stay and enjoy the party. Please note that these parties are geared for the children. The Perfect Princess Tea Party - YOUR location - package includes seating for up to 16 children. That includes 2 large tables (circle or rectangular - depending on the space), chairs, napkins, tea sets and china plates. Additional seats/tables can be added. The cost for additional child is $10/seat. We have the ability to seat up to 30 children at 4 tables. Any event with over 20 children will require a 2nd Fairy Godmother (Tea Party Host). That fee is an additional $100.
Please keep in mind, children behave better when parents are not hovering over them. However, an adult must be present in the main area throughout the party. Guests and siblings under the age of three will need to be supervised by their parent as they are too young for most games and for safety.
Arrival
Your Fairy Godmother will show up to the event 60-90 minutes (depending on the needs of the space) before the event to set-up decorations, tables, chairs, backdrop, rug and table settings. Prior the event, we will help you move all of your pre-made food items to our decorative serving trays and plates. Guests should arrive at party start time.
Cancellations and Refunds
Deposits are non refundable.
If changes are needed or emergencies arise, we will gladly move your reservation to another date/time pending character availability. Should your reservation be cancelled, payment will be refunded in full minus a $50 cancellation fee. Any events over $500 that are cancelled, the cancellation fee will be 50% of the total package price.
Photography
Magical Moments reserves the right to use photos taken during the party for promotional purposes. These photos will not identify the child’s full name, age, or residence. And we are happy to allow you to take as many photos and/or video footage as you like as well.
Gratuities
Gratuities are not included in the package pricing, and are always greatly appreciated by our princess characters and party assistants! Our performers are professional working actors all along the Front Range. They usually receive tips anywhere from $20-$100 per performer per event.
FaceTime/Skype/ZOOM Virtual Visits - Terms of Service
Ownership of Videos
All videos recorded created by are owned by Magical Moments. The fee that a client pays to order a video is a licence to view, download, and share that video. The ownership of the video belongs to Magical Moments. No one can sell or profit from any videos without the express agreement and permission of Magical Moments. You must not modify the printed or digital copies of any materials you have printed off or downloaded, including your final video product, in any way. This includes, but is not limited to:
- Dubbing over, or in any way changing the video content
- Deletions or insertions of any material
- Taking screenshots or adding inappropriate captions as deemed by Magical Moments
- Altering our materials in any way
Provided Services
Magical Moments reserves the right to add, modify or discontinue any of the services offered on the website at any time without notice. Magical Moments will not be held liable for any decision to add, modify or discontinue a service.
Downtime
Website down-time, either scheduled or unscheduled, may occur on occasion. Magical Moments will work within reason to ensure this amount of down-time is limited. Magical Moments will not be held liable for the consequences of any down-time.
Intellectual Property
Reproduction of part or all of the contents in any form of the website is prohibited other than for individual use only, and the contents of this website may not be copied or otherwise shared with any third parties. Without limitation, you agree that you will not print, distribute, display, sell, publish, broadcast, circulate, disseminate or commercially exploit, in any form or by any method whatsoever, part or all of the contents of the website, or incorporate the website material, or any part of it, in any work or publication, whether in hard copy, electronic, or any other form. Unless otherwise noted, all materials on this site are protected as the copyright, trade dress, trademarks and/or other intellectual properties owned by Magical Moments. or by other parties that have licensed their material to Magical Moments. All rights not expressly granted are reserved. This website may contain materials produced by third parties or links to other websites. Such materials and websites are provided by third parties and are not under Magical Moments' direct control and Magical Moments accepts no responsibility or liability in respect of any such third party materials or for the operation or content of other websites (whether or not linked to this website). You acknowledge that Magical Moments is entitled to require you to remove any link from another website to this website which you install without obtaining Magical Moments' prior written consent.
Limitation of Liability
In no event will Magical Moments be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Magical Moments under this agreement during the twelve (12) month period prior to the cause of action. Magical Moments shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
Indemnification.
You agree to indemnify and hold harmless Magical Moments, its contractors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorney's fees, arising out of your use of the Website, including but not limited to your violation of this Terms of Service.
Termination
Magical Moments reserves the right to cease providing services at any time.
Magical Moments shall not be liable to you for any cost, expense, or damages whatsoever for terminating this Agreement.
Definitions
"Agreement" means the Terms of Service that apply to the use of the website which may be amended from time to time.
"Website" means internet website with the URL https://www.magicalmomentscometrue.com.
"You" means the user of the Website (and "Your" has the corresponding meaning).
Thank you for reading the Terms of Service.