FOAMING SHARK PARTY LLC – BOOKING & SERVICE AGREEMENT
This Agreement (“Agreement”) is entered into between Foaming Shark Party LLC (“Foaming Shark,” “we,” “us,” or “our”) and the undersigned individual or entity (“Customer,” “you,” or “your”). By engaging Foaming Shark Party LLC to provide foam party services (“Services”) at the specified location (“Event”), the Customer agrees to accept and be bound by the following terms and conditions:
1. Engagement and Scope of Services
The Customer has engaged Foaming Shark Party LLC to provide foam party services at the address specified below (“Event Location”). In consideration of the services to be rendered, and the payment made, the Customer agrees to comply with all terms set forth herein.
2. Participation and Assumption of Risk
2.1 Voluntary Participation: Participation in the foam party (“Event”) is voluntary. All participants, including the Customer, acknowledge that participation involves inherent risks, including but not limited to slips, trips, falls, or other accidents.
2.2 Risk Acknowledgment: While Foaming Shark Party LLC has taken safety precautions, we do not guarantee that injuries or accidents will not occur. Participants are advised to exercise caution, adhere to safety instructions, and refrain from participation if they have concerns regarding safety, health, or personal property.
2.3 Participant Responsibility: Participants should refrain from entering foam areas if they have health issues, open wounds, allergies, skin sensitivities, or other conditions that could be aggravated by foam or physical activity.
3. Release, Waiver, and Indemnity
3.1 Release of Liability: The Customer hereby releases, discharges, and holds harmless Foaming Shark Party LLC, its affiliates, employees, owners, agents, representatives, and contractors from any claims, demands, damages, liabilities, costs, or expenses—including legal fees—arising out of or related to participation in the Event, whether caused by negligence, gross negligence, or fault of Foaming Shark Party LLC or otherwise.
3.2 Indemnification: The Customer agrees to indemnify and defend Foaming Shark Party LLC against any claims, damages, or liabilities arising from the Customer’s or participants’ conduct, injuries, or violations of this Agreement or applicable laws.
4. Safety and Conduct
4.1 Safety Precautions: Participants shall exercise extreme caution as surfaces may become slippery due to foam. The Customer is responsible for informing all participants of potential hazards and safety instructions provided by Foaming Shark LLC staff.
4.2 Supervision: The Customer shall ensure proper supervision of minors and participants at all times during the Event.
5. Health & Environmental Considerations
5.1 Health Precautions: Foam used during the Event is considered safe; however, individuals with allergies, skin sensitivities, open wounds, or other health concerns should consult a healthcare professional prior to participation.
5.2 Safety Measures: Participants should avoid eye contact, ingestion, or prolonged skin contact with foam. Post-event, thorough rinsing, bathing, and moisturizing are recommended.
5.3 Environmental Factors: Foam quantity and duration depend on environmental conditions such as temperature, humidity, water quality, flooring type, and crowd size. Foaming Shark LLC makes no guarantees regarding foam longevity or effectiveness.
6. Media Release
All photographs and videos taken during the Event are the property of Foaming Shark Party LLC and may be used for promotional, marketing, or advertising purposes without compensation or further consent.
7. Payment, Cancellation, and Refunds
7.1 Payment Terms: Full payment is due 3 days prior to the scheduled Event. A deposit payment is required at the time of booking to secure the reservation.
7.2 Cancellations & Refunds:
Pre-Event Cancellation: If the Customer cancels before the Event date, the full amount paid (excluding deposits, if non-refundable) will not be refunded, as the date has been reserved exclusively for the Customer.
Event Cancellation by Foaming Shark: If Foaming Shark LLC must cancel the Event for any reason, all payments received will be refunded promptly.
Post-Event Refunds: No refunds will be issued once the Event has commenced or after the Event has started.
7.3 No Refund Policy: Once the booking is confirmed and payment is processed, no refunds will be issued, and the Customer’s reservation shall remain secured.
8. Authorization & Acknowledgment
8.1 Booking Authorization: Booking the Event confirms that the Customer has read, understood, and agrees to abide by all terms of this Agreement.
8.2 No Refunds Post-Payment: Once payment has been processed, no refunds shall be issued, and participation is deemed accepted.
8.3 Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of New Jersey, without regard to its conflict of law principles.
8.4 Jurisdiction: Any disputes arising out of or related to this Agreement shall be resolved exclusively in the courts located within Cumberland County, New Jersey.
9. Additional Provisions
Site Responsibility: The Customer shall ensure the Event location is suitable, accessible, and free of hazards, and shall obtain any necessary permits or permissions.
Force Majeure: Foaming Shark LLC shall not be liable for failure or delay in performance due to acts of God, natural disasters, government actions, or other circumstances beyond our control.
Entire Agreement: This Agreement constitutes the entire understanding between the parties and supersedes all prior agreements or communications.
By proceeding with the booking and payment, the Customer affirms that they have read, understood, and agree to these Terms and Conditions, including all waivers, releases, and indemnities herein.