Cancellation: If Full Payment is not made before the date and time of the Performance, the Performance may be cancelled by the Performer and the Host/Operator may not seek any damages.

Cancellation may be made by the Host/Operator before 5 days prior to the Performance Date and Time, in which case, the Host/Operator’s Retainer is kept by the Performer, but the Host/Operator will not have to pay the remaining 50%.

*Duplicate Santa Performers: By purchasing this service, the Host/Operator agree to keep the Christmas Magic by forbidding another Santa Claus Ambassador, likeness or performer in the vicinity of the event for 1 hour before, during and 1 hour after the event. The Host/Operator Understands that if another Santa Claus Ambassador, likeness or performer is taking part in the event that this contract will be cancelled with no refund for deposit or payment(s).

Force Majeure: In the event that the performance cannot reasonably take place because of unpredictable occurrences, such as a An Act of Nature or Government, the 50% Retainer is Non-Refundable, but no other fee is due, and the parties may negotiate a substitute performance on the same terms as this Contract/Agreement except for the date & time of the performance with no further retainer collected. No further damages may be sought for failure because of Force Majeure.

Parking, Setting, Transportation & Give-Aways: Host/Operator will secure sufficient parking for the performer’s vehicle within a reasonable distance to the venue for a minimum of 1 hour prior to the performance and lasting until 1 hour after the performance. Host/Operator will provide safe and sturdy transportation during the venue if needed (example: Firetruck or float for parades) The Host/Operator will provide safe and sturdy furnishings, particularly the Chair, and adequate cooling ventilation of less than 70º for the Performer. Host/Operator will provide any desired décor and photography equipment. Host/Operator will provide any items to be given to the attending visitors.

Marketing: The Host/Operator Grants Permission for the event and photos, videos and bulletins of the day of the event to be posted on kringleandco.net, Kringle & Co. Facebook, Santa Mel @ Kringle and Co. Facebook. The Host/Operator agrees that any media captured at the event can and will be used in marketing flyers, ads, cards, posts and websites.

Indemnification: The Host/Operator indemnifies and holds the Performer harmless for any claims of property damage or bodily injury caused by attendees.

Severability: If any portion of this Agreement is in conflict with an applicable law, such portion will become inoperative, but all other portions of the Agreement will remain in force.