between acts of the show, tables set up as close together as possible with 10ftx10ft open space in the middle, a private area for actors to change, sound requirements, etc.)
6. Client recognizes that Show recommendations are based on Jest’s experience performing hundreds of Shows each year since 1999. If Client disregards any of those recommendations, Client will not hold Jest responsible for the negative impact of any such decision(s).
8. Client assumes full responsibility and liability for any actual losses that may arise out of this agreement, except for any losses, damages or claims caused by any negligence, gross negligence, and/or willful actions of Jest Actors.
9. Jest will not be responsible for cancellation of the Show due to inclement weather, impassible roads, accidents, illness, etc. In the event the Show is canceled due to an event beyond Client’s control, such as inclement weather, impassible roads, accidents, illness, etc., Client will receive a full refund of any monies paid to Jest in excess of Client’s Deposit. Client’s Deposit will be applied to a new Show to be scheduled for a future date.
10. As further consideration for Jest Murder Mystery Company, LLC (“Jest”) performing at Client’s event, Client hereby agrees to release and hold harmless, indemnify and defend Jest, its successors, assigns, members and all other related persons from any and all claims, demands, damages costs, expenses or causes of action, including reasonable attorney’s fees incurred by Client or any third party arising from the event or any occurrence thereat, except for any claim or loss resulting from Jests gross negligence and/or willful actions.
11. Neither Party will be liable for any failure or delay in performing an obligation under this Agreement that is due to any of the following causes, to the extent beyond its reasonable control: acts of God, accident, riots, war, terrorist act, epidemic, pandemic, quarantine, civil commotion, breakdown of communication facilities, breakdown of web host, breakdown of internet service provider, natural catastrophes, governmental acts or omissions, changes in laws or regulations, national strikes, fire, explosion, generalized lack of availability of raw materials or energy. For the avoidance of doubt, Force Majeure shall not include (a) financial distress nor the inability of either party to make a profit or avoid a financial loss, (b) changes in market prices or conditions, or (c) a party’s financial inability to perform its obligations hereunder.
12. If Client cancels a show for any reason, Client will receive a refund of any monies paid to Jest in excess of the deposit. Any travel costs incurred by Jest’s actors already en route to the show will be paid for from the deposit. The remaining balance of the deposit will be applied to a new show scheduled for a future date.
13. If Jest is unable to perform the show as agreed to under this Agreement or otherwise cancels the show for any reason, Jest will provide prompt notice of cancellation. Client will receive a full refund of all monies paid to Jest, including the deposit, or, at the option of the Client, said monies may be applied toward a future show.
Booking:
No Show date will be set until this Agreement is signed by Client, a signed copy is received by Jest and a Deposit is received. Once complete Jest will cast Actors (this process can take some time) and will then send the Client an official confirmation email reserving a date and time.
A non-refundable deposit of one-half (1/2) of the initial bid amount is due at the time Jest receives a signed contract.
Quotes provided by Jest will be void after 30 days if the requirements contained in paragraphs 1 and 2 above have not been met.
Client agrees to not disclose specific details of any agreed upon Show price to any other parties not covered under this Agreement.
