The JoJo Entertainment Co. Ltd (JoJoFun) has made every effort to word these terms and conditions in plain English, with clarification of various clauses where necessary. If you do not understand any part of these terms, please call us for clarification or seek legal advice before agreeing to them. Any booking WHETHER CONFIRMED VERBALLY, ELECTRONICALLY OR IN WRITING will be subject to a legally binding Contract carrying the following non-negotiable Terms & Conditions of Booking:
The booking Contract (“Contract”) is negotiated by JoJoFun (the “Agent”) between the Client (“Client”) and the Artiste (“Artiste”). The Client understands that the Artiste(s) (i.e. entertainer(s) and service provider(s) such as face painter(s), performing artiste(s), balloon decorator(s), catering provider(s), photographer(s), etc.) are sub-contracted by JoJoFun. In this respect, JoJoFun acts as a contractor agency in issuing this Contract to self-employed “Artistes” and cannot be held responsible for non-fulfilment of bookings or non-payment of fees. A booking (“Booking”) is any verbal, electronic or written request securing entertainment for a specific date from the Client to the Agent.
2. Client Data
i. Sharing of Essential Data
The Client gives the Agent permission to share client data with the Artiste(s) (ie essential information required to fulfil the Contract).
ii. E-mail Communications
The Client understands that by filling out any form published on the website https://www.jojofun.ca in which they submit their email address they give full permission to the Agent to contact the Client via the Client’s e-mail address at a later date.
iii. Although JoJoFun shares client data with the Artiste in order that the Artiste will use it solely for the fulfilment of the Contract, JoJoFun is not responsible for how the Artiste uses such data.
3. Confirming the Booking
i) ‘Confirmation’ (“Confirmation”) will mean any verbal, electronic or written acceptance of this booking by BOTH the Client and the Artiste .
ii) All Bookings take effect immediately upon Confirmation.
ii) Non-signature/non-return of Contract is not sufficient to cancel the booking or acceptance of these terms.
Upon ‘Confirmation’ of the Booking, JoJoFun will issue a Contract to the Client and the Artiste for confirmation of details by electronic email. Both the Client and the Artiste may keep one copy of the Contract for their personal records. JoJoFun will store the Contract(s) for safe keeping (copies available on request) and will act as the Agent negotiator between both parties for the period up to and including the date of the event and for twenty-four months after the event.
4. Changes to Contract
i. The agreed booking fees may be subject to change (in agreement with both the Client and the Artiste) if any details on the Contract are altered. All changes to the Contract must be arranged and agreed by JoJoFun in advance of the event.
ii. There is a $40.00 CAD administrative fee for venue, date or time change to your booking. Changes must be made in writing using the Booking Amendment Form linked from https://www.jojofun.ca Confirmation must be received in writing from our office and administration payment received in order for change to take affect.
5. Right to Refusal of Services
JoJoFun reserve the right to refuse service to anyone for any reason at any time.
6. Policy on abuse
Should the Artiste, at any time, experience abuse in any manner from the Client or any individual at the event, contract terms will immediately be terminated without hesitation. The Artiste and JoJoFun reserve the right to cancel all contract terms and conditions under ‘any and all’ abuse.
7. Payment of fees
The JoJo Entertainment Co. Ltd collects the full fee on behalf of the entertainer from the client. This fee is to be invoiced by the entertainer to The JoJo Entertainment Co. Ltd.
The Client pays a minimum of a $100.00 CAD deposit to JoJoFun upon booking entertainment and/or services with JoJoFun. The remaining balance is due upon receipt of the Contract unless special circumstances are agreed between JoJoFun and the Client. Fees can be paid by: BACS (preferred payment method) or credit/debit card.
The Client pays an additional administrative fee of $35.00 CAD per Artiste when booking 48 hours before the event date. This fee is considered part of the remaining balance due after the deposit payment.
The Client pays an additional administrative fee of $50.00 CAD per Artiste when booking 24 hours before the event date. This fee is considered part of the remaining balance due after the deposit payment.
If any fee which the Client is due to pay prior to the event has not been received at least 5 working days before the event, the Artiste has the right to cancel the Booking without penalty and the Client will forfeit any other fees paid previously and remain liable for any cancellation fees due (see clause 8.)
Cancellation by the Client:
In the event that the Client cancels the Booking, the Client agrees to inform JoJoFun immediately. JoJoFun agrees to inform the Artiste of the cancellation immediately.
i) Cancellation by the Client less than 28 days prior to the engagement will result in a cancellation charge of 50% of the total booking fee (the sum of the deposit made at the time of booking plus the remaining balance) made payable to JoJoFun by the Client.
ii) Cancellation by the Client less than 14 days prior to the engagement will result in a cancellation charge of 75% of the total booking fee (the sum of the deposit made at the time of booking plus the remaining balance) made payable to JoJoFun by the Client.
iii) Cancellation by the Client less than 7 days prior to the engagement will result in a cancellation charge of 100% of the total booking fee (the sum of the deposit made at the time of booking plus the remaining balance) made payable to JoJoFun by the Client.
If JoJoFun is able to refill a cancelled date for the Artiste(s) who were booked to attend the cancelled event, then no cancellation fees will be due unless the new date is of a lower value than the cancelled date, in which case JoJoFun will be entitled to recover from the Client the difference in value, excluding travel costs & expenses.
In the event of a cancellation, JoJoFun agrees to make all reasonable attempts to refill the date for the Artiste(s) whose event has been cancelled.
Any payment outstanding from the Client outside of these terms will be referred to our recovery company and will be subject to a surcharge of 15% to cover collection costs incurred. This surcharge together with all other charges and legal fees incurred will be the responsibility of the Client and will be legally enforceable. It is the Client’s responsibility to ensure their venue can accommodate the Artiste and cancellation of the Booking or non-performance of the Artiste due to venue restrictions will place the Client liable for cancellation fees as detailed above.
Our usual JoJoFun Cancellation Policy…
A cancellation charge applies if your booking is cancelled prior to the engagement: less than 28 days 50%, less than 14 days 75% and less than 7 days 100% of the total fee. The total fee includes the deposit made upon booking plus the remaining balance for all services booked, therefore if the deposit amount has already been paid this will be deducted from the amount owed in the event of cancellation.
Already Booked – Proposed Postponed Option Added to Cancellation Policy
If you are booked with JoJoFun to host an upcoming event, we are offering clients the option to postpone their events to be rescheduled in accordance with recommendations set by TDSB. We will therefore welcome rescheduled bookings to take place from the re-opening of schools in accordance with TDSB’s advice. We will honour a period of 3 calendar months during which clients can book using their ‘credit’ from their otherwise cancelled bookings in March, due to choice people are making to halt their celebratory gatherings in reaction to Covid-19.
Please also be aware that re-bookings will take place on a first come first served basis. We would urge you to consider re-booking during a weekday where there is less demand.
Any questions you may have about the above information should best be addressed by email at this time at firstname.lastname@example.org.
Cancellation by the Artiste:
Cancellation by the Artiste is not allowed for any reason except circumstances covered by ‘Force Majeure’ (see clause 24.)
In the unlikely event that the Artiste cancels the booking, the Artiste agrees to inform JoJoFun immediately. JoJoFun agrees to inform the Client of the cancellation and make all reasonable attempts to find a suitable replacement Artiste of similar standard, style & value, at no extra cost to the Client. Should a suitable replacement not be found, JoJoFun agrees to refund the Client their booking fees already paid in advance.
Should the Artiste cancel a booking under circumstances not covered by ‘Force Majeure’ (see clause 24), the Client may choose to pursue damages from the Artiste.
The Artiste also agrees to pay JoJoFun an administration fee, the amount of which is determined by JoJoFun, and this must be paid to JoJoFun within 7 working days on cancellation.
The Artiste also agrees to pay any difference between the balance of this Contract and the fees charged by any replacement Artiste arranged for the Client by JoJoFun.
There will be no refund given to the Client against the booking fee already paid, and no ‘administration charge’ will be made to the Artiste if a replacement Artiste of similar value can be arranged by JoJoFun and agreed by the Client. However, should a replacement Artiste charge a much lower fee, the Client will be refunded a proportionate amount of their booking fee. Where possible, the Client and Artiste will be contacted to agree this in advance.
If a replacement Artiste is required last minute and the Client is not happy to accept the replacement Artiste, they must not allow the replacement Artiste to perform. If the replacement Artiste is allowed to perform, their full fee will be due.
Any payment outstanding from the Artiste outside of these terms will be referred to our recovery company and will be subject to a surcharge of 15% to cover collection costs incurred. This surcharge together with all other charges and legal fees incurred will be the responsibility of the Artiste and will be legally enforceable.
9. Late payment of fee
i. Failure by the Client to pay the booking fee within the terms specified will result in Client being in default of Contract. The booking may be cancelled and the Client will be bound by the cancellation clauses in part 8 of these Terms and Conditions.
ii. There is a 1.5% interest charge per month applied to all late payments.
10. Responsibility for incorrect information in the booking
If the booking information is incorrect in any way, then it is the Client’s responsibility to inform JoJoFun of any/all changes. This is not included in the price.
11. Contract to buy
The contract to buy (acquire our service) is complete by JoJoFun sending the Client an invoice by email.
12. Venue suitability
It the sole responsibility of the Client to ensure that the venue of their event is able to accommodate the services provided by the Artiste. This includes (but is not limited to): ensuring the venue has an adequate space for the services, gaining permission from the venue owner to host the services, and, where required, ensuring there is free parking for the Artiste or otherwise paying for their parking.
If through their own fault the Artiste is unable to fulfill part of the event schedule or breaks the terms of this Contract and the Client would like to claim a reduction on the Artiste’s fee, a complaint must be made in writing to JoJoFun no more than 30 days after the event. Full payment must still be made to the Artiste as agreed in the Contract. Withholding payment is illegal. Failure to pay the Artiste within the terms of this Contract will incur charges outlined in clause 7 (see above) and may render the Client subject to prosecution. Whilst JoJoFun cannot be held responsible for the actions or failures of either the Client or Artiste, we will make every effort to settle disputes without the need for either party to take legal action against each other. Once the Client has made a written complaint, JoJoFun will contact the Artiste to discuss the complaint and request a written statement detailing their version of events. JoJoFun will act as mediator between Client and Artiste in order to come to an amicable agreement over any refund or expense which may be due. If JoJoFun cannot settle the dispute to the mutual satisfaction of both Client and Artiste, both parties must settle the matter directly via their own legal representatives. Any dispute between the Client and the Artiste based on changes to the Contract/performance that were agreed by both the Client and the Artiste, but not confirmed by JoJoFun in writing, must be settled between the Client and the Artiste directly. JoJoFun will not be able to mediate over these agreements or changes.
14. Changes on the day
Where possible, changes to the Contract schedule, which are unavoidable on the day of the event, should first be discussed & agreed with the Agent. Should this not be possible, changes are to be agreed between the Client and the Artiste prior to performance. Any changes will be subject to these Terms and Conditions.
If changes negotiated between the Client and the Artiste on the day of the event are agreed to incur additional costs to the Client, the Artiste accepts full responsibility for arranging the collection of additional fees and agrees that these fees will be subject to JoJoFun standard rate of commission.
15. Delayed event schedules and late finish fees
If due to the late running of or alterations to the event schedule which is no fault of the Artiste, the Artiste is not able to perform their full performance time within the schedule outlined in the Contract, there will be no reduction in the Artiste’s fee.
If the event runs late and the Artiste is asked and agrees to finish later than the finish time in the booking Contract, and the Artiste does not agree an additional surcharge, then the following standard ‘late finish’ fees will be charged:
10% of the total balance due per ½ hour over run, payable on the day of the event by the Client to the Artiste in cash or by cheque.
The Artiste has the right to refuse to finish later than the Contracted finish time without penalty.
16. Extended performance fees
If the event schedule is changed on the day and the Artiste is required and agrees to perform for longer than the ‘Performance times’ agreed in the Contract, and no additional surcharge is agreed by the Artiste on the day of the event, the following standard ‘Extended performance fees’ will be charged:
25% of the total balance for every 25% that the originally agreed performance times are extended, payable by the Client to the Agent following the event.
The Artiste has the right to refuse to extend their performance times without penalty.
17. Re-engagement of the Artiste
The Client agrees to negotiate all future Bookings of the Artiste with JoJoFun and not with the Artiste directly, for the period covering the issue date of this Contract until 24 months after the event date on this Contract.
The Artiste agrees not to hand out business cards or any promotional materials bearing their personal telephone number and/or address, or any other contact details other than those of JoJoFun to the Client, their guests, staff, venue or Contractors. If approached, the Artiste must inform the person(s) concerned to contact JoJoFun. Any other action will contravene the terms of this Contract and if you are found to have done this you will cease to be used by JoJoFun.
If the Client agrees to cover additional expenses incurred by the Artiste (such as taxi’s, food, rehearsal time, hotel, flights etc), the Artiste must provide receipts and an invoice to the Agent within 60 days after the event.
The Client must reimburse all expenses to the Agent within 28 days of invoice.
19. Artiste service guarantee
- The Artiste agrees to provide a performance that is to the best of their ability, and reflects fully the likeness of the Artiste’s show as known to JoJoFun and as advertised to the Client via promotional materials, profiles, pictures, videos, web page or verbal description etc. The Artiste will make every effort to ensure their 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.
- The Artiste agrees 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 the Artiste’s responsibility to ensure the good working order & safety of their own equipment and to obtain all necessary insurances & certification.
- The Artiste agrees that their 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.
- The Artiste will refrain from drinking alcohol before, during and after the performance at all times when the Client or their guests are present.
- The Artiste 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.
- The Artiste will not smoke in restricted areas or park their vehicles in restricted areas at the performance venue.
- The Artiste will not display any other conduct deemed anti-social, illegal, nor reflecting badly upon themselves, JoJoFun, or the Client.
- The Artiste at the time of agreeing to this Contract shall not be under any Contract to a third party that might preclude him/her from fulfilling the engagement.
- The Artiste shall be suitably and tidily dressed during their performance except with the consent of the Client or where the wearing other attire is deemed to be a necessary part of their act.
- The Artiste is not employed by JoJoFun and they are responsible for their own accounting and payment of TAX and Insurance contributions.
- The Artiste accepts full responsibility for maintaining their own Public Liability Insurance (which should be to a minimum of $1,000,000 cover), their own equipment insurance, vehicle insurance and for carrying out the P.A.T. testing of their equipment where applicable.
- The Artiste understands and agrees that while in Mascot costume they will never carry a birthday cake.
20. Artiste equipment
i. It is agreed by the Client and the Artiste that the equipment and instruments of the Artiste are not available for use by other performers or persons except by specific permission of the Artiste.
ii. The client is responsible for any damage sustained to JoJoFun’s costume(s) and/or equipment at the event, in cases where the damage was caused (purposefully or accidentally) by any non-JoJoFun person at the event. To be responsible in this case means that the Client is liable to pay JoJoFun the fee of replacing or repairing the damaged costume(s) and/or equipment. This fee is determined at the discretion of JoJoFun only.
21. Artiste’s wellbeing during the event
If the Artiste requests water, this should be provided at no charge.
22. Artiste’s discretion regarding their attention and flow of the event
Whilst we (JoJoFun) understand that this is the birthday child’s special day, as entertainers we feel that, at times, it is not advantageous to single out the child as per the effect that it can have on the birthday child themselves or the other young guests at the party. Therefore, we leave it to the discretion of the Artiste to go with the flow of the party and be sensitive towards shyness and other common characteristics which lend themselves to the act of singling out children in any way to not be in the best interest of the child, the children and/or the fun flow of the event. Therefore, it is not mandatory that the birthday child be singled out.
23. Responsibility for children and adult supervision
It is JoJoFun policy that Artistes 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.
Puppet Shows provided to children aged 3 and under must have adult supervision. Children of this age enjoy touching and playing with the puppets – we welcome this but understand some parents assume the children will not do this and therefore request they are supervised.
24. Force Majeure
In cases of ‘Force Majeure’ (which shall be known as war, fire, death, illness or other capacity certified by a properly qualified medical practitioner, epidemic, accident, civil commotion, national calamity, order of Government or Local Authority having jurisdiction in the matter, changes in law, foreign government policy, act of God), which are not attributable to any act or failure to take preventive action by the Artiste or Client, then the Artiste or Client may cancel this booking without penalty other than loss of payment already made.