Terms of Service AGREEMENT
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- 1. Binding Agreement. Upon acceptance of this quotation in writing, orally, or by action and
receipt by Bedada (defined below) of your payment of a deposit for your event, a binding
agreement is created between you, the “Customer,” and Bedada Corp., a Florida corporation,
d/b/a/ Party Entertainment (the “Company”). The Customer is responsible for informing all
attendees of Your event of the terms of this Terms of Service Agreement (“Agreement”).
Any reference to “we” or “us” or “our” refers to the Company. Any reference to “you”
or “your” or “I” refers to the Customer.
2. The Services.
(a) Services. The Company is a booking agency that connects Customer with professional
entertainer(s) (“Entertainer”) to perform at private events including, but not limited to,
bachelor parties, bachelorette parties, birthday parties, office/workplace events; and/or at
gentleman’s clubs; and/or for male or female revue shows (“Private Event”), in exchange
for a fee (the “Services”).
3. Fees and Payment Terms.
(a) Fees. You have already paid a deposit electronically (the “Deposit”). The Deposit is the
Company’s compensation for performing it’s Services. The remaining balance due on the
Invoice is to be paid directly to the Entertainer(s) upon their arrival at the Private Event
(the “Entertainer Fee”).
(b) Entertainer Fee. You are responsible for paying the Entertainer Fee upon the
Entertainer’s arrival at your Private Event and prior to their performance. Payment of
the Entertainer’s Fee must be made in cash. It is not guaranteed that the Entertainer
will be able to accept payment through an online app therefore, cash payment is required
to avoid any issues including cancellation of the performance with no refund of your
Deposit. Entertainer(s) is an independent contractor and due to tax laws and the way our
business is set up, the Company is unable to accept payment on behalf of the Entertainer.
(c) Authorization. Customer hereby authorizes Bedada to charge the credit card that
Customer has provided to Bedada, for the charges incurred by Customer in accordance
with this Agreement. In the case of a charge being rejected, Customer agrees that
Bedada may at its discretion attempt to process the charge again, and Customer agrees to
pay any costs incurred by Bedada for chargebacks or charge rejections. Customer
certifies that they are an authorized user of the credit card/bank account provided and
will not dispute these transactions with your bank or credit card company; so long as the
transactions correspond to the terms indicated in these terms of service and the associated
quote/estimate.
4. Customer Responsibilities. The Company wants your Private Event to be as fun and
entertaining as possible. To avoid potential issues that would cause harm to others or to your
Private Event, the Company relies on You to make certain representations to assure the
Company that your Private Event is safe for the Entertainer and compliant with all applicable
laws. The Company will not audit or otherwise verify the accuracy or truthfulness of Your
statements. You must provide the Company with any updated information and
representations on a timely basis, as the change in information may affect the Services you
receive from the Company or the Entertainer(s). For these reasons, Customer hereby
represents, warrants, and covenants the following:
(a) Customer is responsible for the accuracy and completeness of all information and
representations it provides to the Company in relation to the Services and all information
the Customer provided to the Company is true, correct, and complete in all material
respects.
(b) Customer will assure that all Private Event attendees are at least 18 years of age or older,
and that anyone consuming alcohol is at least 21 years of age or older.
(c) Customer is responsible for making sure the Private Event location (“Premises”) is
reasonably safe and free of hazards.
(d) Customer agrees that the Entertainer(s) must be able to perform indoors. If the Private
Event is outside, Customer will provide an enclosed tent with complete privacy and a
heater/air conditioning as necessary to maintain a suitable temperature. Customer
understands that should these conditions not be met, and if they are unable to provide a
suitable indoor location for Entertainer to perform, Customer agrees that the Entertainer
may refuse to perform and regardless of their refusal the Deposit will immediately
become non-refundable and the Entertainment Fee will remain due and payable
immediately in full to the Entertainer.
(e) Customer agrees to comply with all laws, rules, and regulations applicable to it in
connection with the Services and the Private Event.
(f) It shall be the responsibility of the Customer to pay for any necessary licenses, permits,
insurance, and approvals as may be necessary for the Private Event.
(g) Customer agrees to comply with all reasonable requests of the Company and the
Entertainer.
(h) Customer assumes responsibility for their own personal safety and belongings, and those
of the other attendees, and also for any injuries or damages that may result as a
consequence of Customers actions or omissions. Customer agrees they have
communicated this responsibility to all attendees.(i) It is the responsibility of the Customer to bring any issues with the Entertainer to the
Entertainer’s attention and to stop the performance if necessary.
Customer has read and agrees to the terms contained herein.
5. Warranty. The Services to be performed hereunder are in the nature of a booking agency or
talent broker. Company does not warrant in any form the results or achievements of the
Services provided or the resulting work product and deliverables. Company warrants that
that the Services will be performed by qualified personnel in a professional and workmanlike
manner in accordance with the generally accepted industry standards and practices.
Company does not warrant the services or representations of any Entertainer.
LIMITATION OF WARRANTY. THE WARRANTY SET FORTH IN THIS SECTION 5 IS
EXCLUSIVE AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS, IMPLIED,
STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICES, WORK
PRODUCT OR DELIVERABLES PROVIDED UNDER THIS AGREEMENT, OR AS TO
THE RESULTS WHICH MAY BE OBTAINED THEREFROM. COMPANY DISCLAIMS
ANY ANDALLIMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, THE
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
OR AGAINST INFRINGEMENT. COMPANY SHALL NOT BE LIABLE FOR ANY
SERVICES OR WORK PRODUCT OR DELIVERABLES PROVIDED BY THE
ENTERTAINER PURSUANT TO ANY INVOICE OR OTHERWISE. CUSTOMER’S
EXCLUSIVE REMEDY FOR BREACH OF THIS WARRANTY IS REPERFORMANCE
OF THE SERVICES.
6. Assumption of Risk. I, Customer, understand and acknowledge that the Private Event I want
to participate in may be inherently or potentially dangerous and may involve the risk that I or
the attendees and guests, will sustain serious injury, temporary or permanent disability, death,
and/or property damage. I understand that the Private Event will not be supervised and that
the Company does not provide medical services. I further acknowledge that any injury I may
sustain while participating in the Private Event may be compounded by negligent or delayed
medical service or negligent or delayed assistance by the Company. I further understand that
the Company does not verify the accuracy or truthfulness of representations made to them by
any Entertainer and background checks are not performed by the Company. I
VOLUNTARILY AND FREELY ASSUME ALL RISKS AND DANGERS THAT MAY
OCCUR PURSUANT TO MY PARTICIPATION IN THE PRIVATE EVENT ON THE
PREMISES, INCLUDING THE RISK OF INJURY, DEATH, OR PROPERTY DAMAGE,
EVENIFCAUSEDBYNEGLIGENCEOFTHECOMPANY.
7. Indemnification. Customer (the “Indemnifying Party”) agrees to indemnify, defend, and
hold Company and its Affiliates and its respective officers, directors, employees, and agents
harmless from and against any and all Third-Party Claims, Losses, liabilities, damages,
expenses, and costs, including attorney’s fees and court costs, arising out of the Indemnifying
Party’s (i) negligence or willful misconduct or (ii) any breach of or inaccuracy in any
representation or warranty, covenant, obligation, provided in this Agreement by Customer;
(ii) any and all claims that any third party may have or hereinafter have for any damages,
liabilities, expenses and/or causes of action, now known or hereinafter known in any
jurisdiction in the world, attributable or relating in any manner to this Agreement, the
Services, the Premises, any Entertainer, and the Private Event. Company shall provide the
Indemnifying Party with prompt written notice of any Claim and give complete control of
the defense and settlement of the Indemnifying Party, and shall cooperate with the
Indemnifying Party, its insurance company, and its legal counsel in its defense of such
Claim(s).
8. Release from Liability. Customer hereby agrees, on behalf of Customer, Customer’s heirs,
and Customer’s personal representatives, to fully and forever discharge, release, and hold
harmless Company, its owners and operators, its affiliates, and their respective partners,
officers, directors, officials, agents, operators, managers, staff, employees, and
representatives (“Released Parties”) from any and all claims Customer may have or
hereinafter have for any damages, liabilities, expenses, additional tax, penalties, interest,
professional fees, and/or causes of action, now known or hereinafter known in any
jurisdiction in the world, attributable or relating in any manner to this Agreement, the
Services, the Premises, any Entertainer, or the Private Event whether caused by the
negligence of Company any of the Released Parties or by any other reason, to the fullest
extent permitted by law.
9. Covenant Not to Sue. I, Customer, agree, for myself and all my heirs, not to sue the
Released Parties or initiate or assist in the prosecution of any claim for damages or cause of
action against the Released Parties which I or my heirs may have as a result of any personal
injury, death or property damage I may sustain while on or using the Premises, the Services,
or while participating in the Private Event.
10.Cancellation and Refunds. If the Customer elects to cancel the Private Event, the following
is applicable:
(a) If the Customer provides notice of cancellation more than forty-eight (48) hours prior to
the Private Event, then Customer will be issued a rescheduling credit equal to the amount
of their Deposit, which can be used towards a different Private Event within one (1) year.
The rescheduling credit may be used anywhere within the United States.
(b) If the customer provides notice of cancellation less than forty-eight (48) hours prior to
the Private Event, the Deposit is non-refundable.
(c) However, if the Customer has already tendered payment of the remaining balance to the
Entertainer(s), no refund of the Deposit will be provided. The Customer’s payment of the
remaining balance to the Entertainer(s) shall be deemed acceptance of the Services and
the understanding that the transaction is final and that no refunds will be issued.
11. Termination. The Company may terminate this Agreement at any time with or without
cause upon written notice to the Customer. If Company terminates this Agreement pursuant
to this provision the Company may elect to refund the Customer’s Deposit or issue the
Customer an equivalent credit to be used at a later date, however, whether a refund or credit
is given is at the sole discretion of the Company.
12.No Guaranty. Customer understands and acknowledges that due to the nature of the
Services, Company cannot guarantee a specific Entertainer will be available for Customer’s
Private Event and that Company has not promised a specific Entertainer will be assigned to
Customer’s Private Event. Company is only required to provide an Entertainer that, in
Company’s sole discretion based on the information provided by Customer, Company
determines is suitable for Customer’s Private Event in order to fulfill its obligations to
Customer under this Agreement.
13.Relationship of the Parties. The relationship of the Parties hereto is that of independent
contractors. Nothing in this Agreement, and no course of dealing between the Parties, shall
be construed to create or imply an employment or agency relationship or a partnership or
joint venture relationship between the Parties or between one Party and the other Party’s
employees or agents. Each of the Parties is an independent contractor and neither Party has
the authority to bind or contract any obligation in the name of or on account of the other
Party or to incur any liability or make any statements, representations, warranties, or
commitments on behalf of the other Party, or otherwise act on behalf of the other. The
Agreement shall not be construed as constituting either Party as partner, joint venture or
fiduciary of the other Party or to create any other form of legal association that would impose
liability upon one Party for the act or failure to act of the other Party, or as providing either
Party with the right, power or authority (express or implied) to create any duty or obligation
of the other Party. Each Party shall be solely responsible for payment of the salaries of its
employees and personnel (including withholding of income taxes and social security),
workers compensation, and all other employment benefits.
14.Governing Law and Venue. This Agreement will be governed by and interpreted in
accordance with the laws of the State of Florida, without giving effect to the principles of
conflicts of Law of such state. The Parties hereby agree that any action arising out of this
Agreement will be brought solely in any state or federal court located in Miami-Dade
County, Florida. Both Parties hereby submit to the exclusive jurisdiction and venue of any
such court.
15.Attorney’s Fees. If either Party incurs any legal fees associated with the enforcement of this
Agreement or any rights under this Agreement, the prevailing Party shall be entitled to
recover its reasonable attorney’s fees and any court, arbitration, mediation, or other litigation
expenses from the other Party.
16.Collection Expenses. If Company incurs any costs, expenses, or fees, including reasonable
attorney’s fees and professional collection services fees, in connection with the collection or
payment of any amounts due it under this Agreement, Customer agrees to reimburse
Company for all such costs, expenses and fees.
17.Assignment. Company may assign this Agreement at any time. Customer may not assign
this Agreement without the prior written consent of Company.
18.Severability. If any provision or portion of this Agreement shall be rendered by applicable
Law or held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the
remaining provisions or portions shall remain in full force and effect.
19.Headings; Construction. The headings/captions appearing in this Agreement have been
inserted for the purposes of convenience and ready reference, and do not purport to and shall
not be deemed to define, limit, or extend the scope or intent of the provisions to which they
appertain.
20.Survival. Each term and provision of this Agreement that should by its sense and context
survive any termination or expiration of this Agreement, shall so survive regardless of the
cause and even if resulting from the material breach of either Party to this Agreement.
21.Notices. All notices or other communications required under this Agreement shall be in
writing and shall be deemed effective when received and made in writing by either (i) hand
delivery, (ii) registered mail, (iii) certified mail, return receipt requested, or (iv) overnight
mail, addressed to the Party to be notified at the address provided in the Invoice. An
electronic communication (“Electronic Notice”) shall be deemed written notice for purposes
of this Agreement if sent to the electronic mail address specified by the receiving party under
separate cover. Electronic Notice shall be deemed received at the time the party sending
Electronic Notice receives verification of receipt by the receiving party.
22.Waiver. No waiver of any term or right in this Agreement shall be effective unless in
writing, signed by an authorized representative of the waiving Party. The failure of either
Party to enforce any provision of this Agreement shall not be construed as a waiver or
modification of such provision, or impairment of its right to enforce such provision or any
other provision of this Agreement thereafter.
23.Entire Agreement; Modification. This Agreement, and any/all Invoices, is the entire
agreement between the Parties with respect to the subject matter hereof and supersedes any
prior agreement or communications between the Parties, whether written, oral, electronic, or
otherwise. No change, modification, amendment, or addition of or to this Agreement or any
part thereof shall be valid unless in writing and signed by authorized representatives of the
Parties. Customer acknowledges and agrees that they are not relying upon any
representations or statements made by Company or Company’s employees, agents,
representatives, or attorneys regarding this Agreement, except to the extent such
representations are expressly set forth in this Agreement.
24.SMS and Email Optin-In Notification Consent Agreement. This opt-in agreement (the
“Agreement”) is entered into by and between the Customer completing the online form
(“Client”) and the Company.
(a) WHEREAS, the Company provides booking services for shows and related
entertainment;
(b) WHEREAS, the Client wishes to opt-in to receive SMS and email notifications from the
Company regarding quotes, bookings, and reminders;
(c) NOW, THEREFORE, in consideration of the mutual covenants and promises contained
herein and for other good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the parties agree as follows:
(d) Opt-In Consent to Receive Communications: By opting in, the Client hereby consents to
receive SMS and email communications from the Company related to the services
offered, including but not limited to quotes, booking confirmations, and reminders. This
opt-in consent is provided in accordance with TCR Registration and the requirements of
applicable cell phone carriers.
(e) Opt-In Notification Schedule: By opting in, the Client agrees that the Company will send
SMS reminders at least a day before a scheduled show or event. The Company reserves
the right to adjust the frequency and timing of these notifications at its discretion.
(f) Opting Out and Back In: The Client may opt-out of receiving SMS and email
communications at any time by replying “STOP” to any message. The Client may opt
back in at any time by replying “START” or “SUBSCRIBE.”
(g) No Signature Required: The Client acknowledges that no signature is required to enforce
this opt-in Agreement. By inquiring with the Company or completing the online form,
the Client agrees to the opt-in terms outlined in this Agreement.
(h) Governing Law: This opt-in Agreement shall be governed by and construed in
accordance with the laws of the United States of America.
(i) IN WITNESS WHEREOF, by completing the online form or inquiring with the
Company, the Client accepts and agrees to the opt-in terms and conditions set forth in
this Agreement.
25.SMS and Email Opt-In Notification Consent Agreement For Independent Contractors.
This opt-in agreement (the “Agreement”) is entered into by and between the independent
contractor or entertainer completing the online form (“Entertainer”) and the Company.
(a) WHEREAS, the Company provides booking services for shows and related
entertainment;
(b) WHEREAS, the Entertainer wishes to opt-in to receive SMS and email notifications
from the Company regarding work opportunities, reminders, and updates;
(c) NOW, THEREFORE, in consideration of the mutual covenants and promises contained
herein and for other good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the parties agree as follows:
(d) Opt-In Consent to Receive Communications: By opting in, the Entertainer hereby
consents to receive SMS and email communications from the Company related to work
opportunities, event reminders, last-minute party notifications, and updates. This opt-in
consent is provided in accordance with TCR Registration and the requirements of
applicable cell phone carriers.
(e) Opt-In Notification Schedule: By opting in, the Entertainer agrees that the Company will
send SMS reminders for all scheduled shows or events. The Company reserves the right
to adjust the frequency and timing of these notifications at its discretion.
(f) Opting Out and Back In: The Entertainer may opt-out of receiving SMS and email
communications at any time by replying “STOP” to any message. The Contractor may
opt back in at any time by replying “START” or “SUBSCRIBE.”
(g) No Signature Required: The Entertainer acknowledges that no signature is required to
enforce this opt-in Agreement. By accepting work from the Company, the Entertainer
agrees to the opt-in terms outlined in this Agreement.
(h) Governing Law: This opt-in Agreement shall be governed by and construed in
accordance with the United States of America.
(i) IN WITNESS WHEREOF, by completing the online form or accepting work from the
Company, the Entertainer accepts and agrees to the opt-in terms and conditions set forth
in this Agreement.
- 1. Binding Agreement. Upon acceptance of this quotation in writing, orally, or by action and
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