Entertainer Terms and Conditions
Last Update: 3rd June 2020
All entertainers who provide their services to JoJoFun confirm that they understand and agree to the following Terms and Conditions:
Terms and Conditions:
- We have written these Terms and Conditions in plain English for everybody’s ease of understanding. And so, for clarity, the following definitions are used:
You/Your = the sub-contractor, entertainer, service provider, the one in receipt of a booking contract from JoJoFun.
Us/We/Our = JoJoFun, the agent.
- In undertaking work with JoJoFun, you will receive essential client data such as their name, phone number, address and other details necessary to fulfil the booking contract. You agree to use this information only for the purpose of fulfilling your booking contract in the manner advised and directed by JoJoFun. Other use of client data (e.g. sharing the data with others, contacting the client for reasons outside of those of the booking contract, solicitation, etc.) is strictly forbidden and may result in legal action being taken against you.
Enquiries, Promotions and Media
- You agree to refer all rebookings or any enquiries from this event to JoJoFun (The JoJo Entertainment Co. Ltd) ONLY.
- Any media taken at the event or in relation to your work with JoJoFun (such as photos, videos, testimonials, etc.) must not be used/shared/published through social media/internet/web/print without the prior written consent from JoJoFun.
- Taking photographs and videos is strictly prohibited at/in/around JoJoFun events unless specifically instructed/hired/contracted to do so.
- All advertising material will be supplied by JoJoFun (The JoJo Entertainment Co. Ltd) ONLY. Advertising and/or soliciting any services other than those of JoJoFun is prohibited.
- JoJoFun reserves the right to use images, videos and recordings of the entertainer taken at JoJoFun events for the advertising and promotion of the agency through online sharing media/social media/website/printed material etc.
Booking and Entertainment Expectations
- At the time of agreeing to the booking contract you shall not be under any contract to a third party that might preclude you from fulfilling the engagement.
- You must telephone the client 7 days before the event to discuss final details of the event, confirm booking details (eg event date, entertainment duration, venue location), your start time and to introduce yourself.
- After you have attempted to contact your client, you must text or call us on 647-914-2239 or email email@example.com to confirm you have done so.
- Entertainers must not confirm booking amendments requested by the client (eg venue change, entertainment time change). You must communicate such changes to JoJoFun in order to be confirmed. It is policy that clients make booking changes via our booking amendment form found at https://www.jojofun.ca/booking-amendments
- On the day of the Performance, you will arrive 15 minutes before the start of the event and start greeting the children 5 minutes in advance. This is the key to a successful party and really helps to give peace of mind to the client.
- You will contact JoJoFun by e-mail or text within 24 hours after the Performance to give a report of the event. In cases where the event has not transpired as planned you will report to JoJoFun by telephone immediately after the event.
Late arrivals, Cancellations, Unable to fulfil the contract
- Your booking contract is binding and should you need to cancel your contract, without offering a suitable replacement, there is a $80 cancellation fee made payable to JoJoFun. It is vital in this instance that you inform JoJoFun by telephone immediately.
- If, for any reason, you cannot fulfil the requirements of a particular given contract as sub-contracted to you by JoJoFun, you must notify JoJoFun with as much notice possible prior to the event to inform us of the reason you cannot fulfil the contract, first by telephone and then in writing also. After you have communicated your reasons for not attending the event to JoJoFun, you must find a suitable, professionally-qualified replacement for your job. You must then notify JoJoFun as to who you are replacing yourself with. This process must be repeated for every contract any entertainer is unable to fulfil.
- If you are replaced by another entertainer, you must communicate details of the booking to the new entertainer, such as details you previously confirmed with the client on the telephone.
- If you are late for the event, such that entertainment begins after the agreed entertainment start time, then you must offer to the client to make up the lost time by entertaining beyond the agreed entertainment end time. For example, if you are 30 minutes late then you must offer to entertain for the agreed duration, so that entertainment finishes 30 minutes late. It is the client’s decision to accept this offer. If the client does not accept this offer, then you will lose part of your fee. JoJoFun does not offer an outline of the percentage of your fee that will be lost. This is due to the unpredictable variable of what the amount of the fee refunded to the client is. In some cases, a refund of 100% of fees is made to the client, and in such cases the Artiste receives no fee. It is ultimately and always at JoJoFun’s discretion how much of your fee will be lost.
- If you are aware that you are going to be late for your event, please ensure that you keep the client abreast of the situation and also text JoJoFun to let them know.
- If you fail to attend your confirmed booking, you must pay JoJoFun the cost of the booking fee.
- In the event that the client cancels the booking:
— You will be notified by JoJoFun immediately.
— JoJoFun will endeavour to provide you with a replacement booking on the same date. The replacement booking will make similar requirements of your skill set as the cancelled event, or other requirements that you have the skill set for.
- If a replacement booking is not found the following two conditions apply:
— In the event that the client has cancelled without making payment or a full refund was made to the client (it is the prerogative of JoJoFun only whether to issue refunds), you will not be paid your fee for the cancelled event. JoJoFun is not responsible for any financial loss you may incur due to the client’s cancellation.
— In the event that JoJoFun is able to retrieve a percentage of the payment from the client, you will be entitled to an equivalent percentage of your fee.
- Complaints are considered disputes and need to be settled between JoJoFun, the client, and entertainer.
- Should a client make a complaint about you, for reasons such as (but not limited to) a late arrival or unsatisfactory performance, the following will occur:
— We may withhold your payment while the complaint is being investigated by JoJoFun.
— We will contact you directly to speak about the complaint and request that you put your views about the matter in writing to us.
— We will speak to the client about their complaint and discuss ways in which the matter may be improved.
— Should the client request a refund in any amount, it will be under the discretion of the investigative officer, Austin Emery, to review all the information provided and refund the client at a rate suitable for the complaint.
— Should a refund be granted to the client, you will be advised in writing and a portion of your fee or all of your fee will be waived.
- JoJoFun expects a high standard of professionalism and that contract obligations are met at all times.
- It is the Entertainer’s responsibility to secure parking for the event. You must ensure, and if applicable pay for, your own parking arrangements. You may enquire about your parking options when telephoning the client the week before the event. JoJoFun accepts no responsibility for costs incurred for parking at any event, nor fines, nor penalty charges incurred whilst at or enroute to/from any JoJoFun event.
- You will not park your vehicle(s) in restricted areas at the performance venue.
Invoices, Fees, Expenses
- All invoices need to be sent to firstname.lastname@example.org and addressed to the CLIENT NAME c/o JoJoFun
- Payments are made on the 25th of the month – allow 2 business days for payment receipt. For new entertainers, there is a payment process to be completed with our bank which may result in delays to your payment. Invoices need to be received a week prior to the 25th in order to meet the payment date. Please do not chase for payment if this criteria has not been met. Any emails sent chasing for payment that does not meet this criteria will not be responded to. If the criteria has been met and you are still awaiting payment, please contact us at email@example.com with the subject matter “Overdue Invoice”.
- Please note that if a payment date falls on a weekend day, then payment will be made the next working day (i.e. Monday, or in the event of holiday, Tuesday).
- Please note that invoices for events from many weeks previous require more administration time to process, and therefore will not always be processed in time for the next payment date. In cases like this the invoice will be paid on the following payment date.
- You agree that your fee is inclusive of all expenses (except those that have been agreed to by the client and will be invoiced post the event), including holiday entitlements, travelling expenses to and from the venue, tax, insurance, etc. and covers any payments whatsoever.
- Please note that the fee we offer entertainers is complete and covers all of the entertainment and specifics of the booking, as ordered by the client and set out in the entertainer booking contract. Therefore there is no additional fee for entertainers delivering any extra elements involved in themed parties. However, JoJoFun reserves the right to charge clients extra to cover ongoing costs associated with meeting their expectations (such as storage, shipment, wear and tear of costumes, props and consumable goods), which include the ability to provide themed parties.
- You are not employed by JoJoFun and are therefore responsible for your own accounting and payment of tax and insurance contributions.
Equipment, Health and Safety Responsibilities, Insurance
- You agree to provide all equipment required to undertake this performance, unless the equipment has been contractually agreed to be provided by the client or a third party. It is your responsibility to ensure the good working order & safety of your own equipment.
- You accept full responsibility for maintaining your own Public Liability Insurance (which should be to a minimum of $1,000,000 cover), your own equipment insurance, vehicle insurance and for carrying out the P.A.T. testing of your equipment where applicable.
- While you are at a JoJoFun event, JoJoFun is not liable if you are injured (unless it is caused by our negligence) or for any loss of, damage or theft of any of your personal possessions or equipment. It is your responsibility to take out personal injury insurance to cover you while you are at events if you so choose.
Entertainer’s Conduct at the Event
- You agree to provide a performance that is to the best of your ability, and reflects fully the likeness of your show as known to JoJoFun and as advertised to the client via promotional materials, profiles, pictures, videos, web page or verbal description etc. You will make every effort to ensure your performance is outstanding, adhere to the client’s wishes within all reasonableness, be polite and courteous with the client, their guests and all venue staff and contractors.
- Should you not fulfil your entertainment obligations to the satisfaction of JoJoFun or the client and either one or both take action to complain about your service by seeking compensation for their disappointment, you will be advised directly about such a complaint. You will be held liable to compensate JoJoFun and/or the client. Examples of complaints include, but are not limited to:
– Not fulfilling contract obligations
– Not fulfilling job obligations
– Drinking alcohol or being intoxicated on the job
Every measure will be taken by JoJoFun to smooth out client complaints to the best of their ability.
- Please ensure you arrive in costume.
- You shall be suitably and tidily dressed during your performance except with the consent of the client or where wearing other attire is deemed to be a necessary part of your act.
- You understand and agree that while in Mascot costume you will never carry a birthday cake.
- It is JoJoFun’s policy that entertainers (and all staff working for JoJoFun) are not permitted to be left alone with any child (or children) at any time. It is therefore the client’s responsibility to ensure, at all times, that the child (or children) is supervised by a responsible adult, other than JoJoFun staff.
- You will refrain from drinking alcohol before, during and after the performance at all times when the client or their guests are present.
- You will not under any circumstances partake of any illegal drug use on the day of the event, or whilst at the event venue, or whilst in the presence of the client, their guests, venue staff or other associated suppliers or artistes.
- You will not smoke in restricted areas at the performance venue.
- You will not display any conduct deemed anti-social, illegal, nor that reflects badly upon yourself, JoJoFun, or the Client.
- JoJoFun (The JoJo Entertainment Co. Ltd) cannot be held in any way responsible for the breach of contract on the part of the entertainer or the client.
- In undertaking the work and in the absence of communication, you are deemed to be in agreement with the above Terms and Conditions.
End of Terms and Conditions