1. Services
1.1 Age restriction
Children must be accompanied by an adult at all times. Under no circumstances should children be left alone with any of My Studio Party’s staff.
1.2 Special Requests
Concurrently with the execution of this Agreement, Client must inform My Studio Party in writing of any special requests. My Studio Party will deploy reasonable efforts to comply with such special requests, and will confirm in writing whether or not it will comply with such request. Failure to comply with any special request will not be a breach of contract unless such special request has been specifically confirmed.
1.3 Modification of Services
If Client wishes to make changes to the Services after their package initial booking, My Studio Party must be advised in writing as soon as possible, but no less than forty (48) hours prior to the Event Date. My Studio Party cannot guarantee that the Services will be modified as requested. My Studio Party reserves the right to charge Client administration fees of 15$ per change made to the Services, as well as any applicable rate changes or extra costs incurred by My Studio Party or imposed by any of its suppliers.
1.4 Cancellation of Services
1.4.1 By Client
Should Client wish to cancel the Services, My Studio Party must be informed in writing no less than forty-eight (48) hours prior to the Event Date. Should the Client decide to cancel the Service prior to or on the Event Date it agrees to pay the cancellation fees of fifty per cent (50%) of the package amount. If the cancellation is initiated the latest two (2) days after the reservation and payment date, no cancellation fees will be applicable and the Client shall be reimbursed one hundred per cent (100%) of the initial payment.
If Client wishes to reschedule the Services, My Studio Party must be informed in writing seven (7) days prior to the Event Date. My Studio Party shall make reasonable efforts to accommodate Client and reschedule the Services, but cannot guarantee its possibility.
1.4.2 By My Studio Party
If My Studio Party makes any major changes or cancels the Services, Client will be notified as soon as possible and will be refunded any and all monies paid under this Agreement, unless My Studio Party and Client can agree on a reschedule of the Services. My Studio Party shall not be responsible for any Force Majeure event that could change or cancel the Services.
2. Fees and other expenses
2.1 Service Fees
In consideration for the Services purchased by and rendered to client, Client shall pay to My Studio Party the applicable Service Fees as well as related expenses if any.
2.2 Sales Taxes
Client will be charged all applicable taxes, including GST and QST, on the amounts invoiced by My Studio Party or any other applicable taxes for contracts outside the province of Quebec.
2.3.1 Initial Payment
Concurrently to the execution of this Agreement, Client agrees to pay to My Studio Party the total amount of his package, including any extras chosen by the Client. The initial payment will be reimbursed to Client in the event that Client decides to cancel the Services within two (2) days from the initial booking payment. Please refer to section 1.4.1 above for the cancellation fees incurred two (2) days after the initial booking.
2.3.2 Balance
Client agrees and undertakes to pay to My Studio Party the balance of the Service Fees no later than on the Event Date, before My Studio Party leaves the Client’s premises.
3. Client’s obligations
3.1 Suitable Location
Client must make a suitable location available for the Services at the disposition of My Studio Party. A suitable location means for:
- MSP singing packages and light painting package : an 8′ x 8′ x 8’, well lit area to set-up the backdrop, red carpet and mobile studio;
- Dancing Package: a 15′ x 15′ (min 12′ x 12′), well lit area to set-up the backdrop, red carpet for the photoshoot and allow enough space for dance choreography;
- Painting Package: a table with chairs to accommodate group size
- Photoshoot option: an 8′ x 8′ x 8’, well lit area to set-up the backdrop, red carpet and accessories.
3.2 Allergies & Medical Condition
No less than seventy-two (72) hours prior to the Event Date, Client must inform My Studio Party in writing of any food allergies and/or medical problems and/or disabilities of a member of the party that may affect the Services to that person. My Studio Party will advise as to the suitability of the Services. If any member of Client’s party has specific allergies he or she wants catered for, then this should be requested in writing as a special request pursuant to section 1.2.
My Studio Party may require that Client produce a doctor’s certificate certifying that the person is fit to participate in the Services.
If My Studio Party is unable to properly accommodate the needs of the person(s) concerned, My Studio Party reserves its right to terminate this Agreement and not perform the Services at its sole discretion, and if needed, with applicable cancellation charges.
3.3 Condition on the Event Date
Client and any member of its party shall not be heavily intoxicated at the time the Services are provided. Should Client or any member of its party be heavily intoxicated at the time the Services are provided, My Studio Party may, at its entire discretion, refuse that such party member participate in the Services, and will not, refund Client.
4. Client’s representations and warranties
Client’s represents, warrants and covenants to My Studio Party that:
4.1 Majority
If it is a physical person, he or she is over eighteen (18) years of age at the time of the execution of this Agreement.
4.2 Waiver
For online and virtual parties, please refer to the additional information in the last paragraph of clause 4.2. It hereby authorizes My Studio Party, its representatives, successors, agents, affiliates, related companies, licensees and assignees to communicate to himself or herself, all images, photographs as well as audio and video recordings (the “Capturesâ€) of all participants under the age of 18 as of the Event Date (“Minor Participantsâ€) as well all participants appearing on such Captures.
It hereby confirms that it will obtain a duly executed written waiver, in a form similar to the waiver available at the following link, for each Minor Participant to the event, in order to grant him or her, as the Client and Event Planner, the authorization to receive all captures of all Minor Participants at the event. The consent form must be filled out by the parent or guardian of such Minor Participant.
It hereby confirms that as the Client, it is not affiliated with My Studio Party, and that My Studio Party cannot and shall not be held liable by Client or any Minor Participant parent or guardian, for any use which could be made of the Captures (hereinafter “Image and Likenessâ€), including, but not limited to, the sharing or publishing of the Captures on the Internet. It hereby releases and discharges My Studio Party from any and all claims, demands or cause of action that would arise from or be related to the use of the Image and Likeness or of any Captures.
For online virtual parties, no captures or videos will be taken nor recorded without the Client authorization. If Client requests a souvenir video of the Zoom session or a screenshot photo as a party souvenir, My Studio Party will provide such captures only if the Client provides signed authorizations and consents by the parents or guardians of all Minor Participants attending the virtual party.
5. Responsability for party members
My studio party is not responsible for the welfare of any party member attending a party or event. the welfare of each party member will be the sole responsibility of client.
6. Limitation of liability
My studio party will not be responsible or pay client any compensation for any injury, illness, death, loss (including loss of enjoyment), damage, expense, cost or other sum or claim of any description whatsoever which results from, but not limited to: i) the acts and/or omission(s) of Client or any another member of the party; ii) the act(s) and/or omission(s) of a third party not connected with the provision of the services contracted for and which were unforeseeable or unavoidable or; iii) unusual and unforeseeable circumstances beyond our or our supplier(s) control, the consequences of which could not have been avoided even if all due care had been exercised (including, without limitation, the circumstances outlined in the section entitled “Force Majeure†below) or; iv) an event which we or the supplier of services, even with all due care, could not foresee or forestall.
7. Force Majeure
Except where otherwise specified in this Agreement, My Studio Party will not accept liability or pay any compensation where the performance or prompt performance of its contractual obligations is affected by reason of circumstances amounting to Force Majeure. In this Agreement â€Force Majeure†means any event which My Studio Party or any of its supplier could not, even with all due care, foresee or avoid. Such events include war or threat of war, riots, civil strife, terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, fire and similar events.
8. Intellectual property
My Studio Party secures its catalogue from a professional music supplier that is committed to honouring the PRS for Music and SACEM agreements by compensating the artists of the reproduced music tracks so that all copyrights are respected.
Client undertakes and agrees to comply with copyright law with respect to the use of the digital recordings (audio and/or video) provided as part of the Services. The recordings have a limited license and are only for customers’ own personal use therefore non-commercial use. The Client acknowledges and agrees that any and all material containing the songs sang during the event are provided “as isâ€. The license pursuant to which My Studio Party receives rights in the songs does not allow for the broadcast and or reproduction of the songs on the Internet, including, but not limited to social media and video sharing sites such as YouTube and Vimeo. Therefore, the Client undertakes not to, directly or indirectly, broadcast or reproduce the songs on the Internet and to see that all members of its group comply with such undertaking. Client will be responsible for the compliances of each party member with respect to the obligations contained herein. Consequently, Client undertakes to indemnify My Studio Party, the whole, pursuant to section 9 hereunder, for any breach of this obligation by a party member.
9. Indemnification by client
Client agrees to defend, indemnify and hold harmless My Studio Party, together with its affiliates, related entities, clients, employees, subcontractors, directors, officers, consultants, shareholders and other representatives, from and against any claims, actions, proceedings, loss, expenses and/or damages (including all legal fees and costs) in respect of, connected with, or arising out of (i) any breach of any representation or warranty made by Client in this Agreement; or (ii) any breach by Client of any covenant or obligation of Client contained in this Agreement.
10. Governing law
These terms of service shall be governed by and construed in accordance with the laws of the Province of Quebec and of Canada applicable thereto without regard to its principles of conflicts of law, and the courts of the Province of Quebec, judicial district of Montreal and the Federal courts of Canada shall have exclusive jurisdiction with respect to any proceedings in respect to these terms and conditions.