Terms and Conditions

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Preparing Before Booking

I have read all pages on TheIdahoFallsSanta.com as well as the Terms and Conditions and understand the background, nature, and expectations of employing The Idaho Falls Santa Claus and will reread the Terms and Conditions should any questions arise before contacting The Idaho Falls Santa Claus.
The host will conduct all financial/billing business prior to the date and time of the event. The best way to reach The Idaho Falls Santa Claus is through email TheIdahoFallsSanta@gmail.com. Please correspond through email as much as you need to. Santa is very busy and will respond as soon as he is able.

This agreement is entered into effect the same date payment is received.

This agreement is made between CLIENT NAME HERE (henceforth referred to as “Client”) and Stuart Landerman (henceforth referred to as “IFS”) in regard to a scheduled event (henceforth referred to as “performance”).

By sending payment for the attached invoice, Client agrees to the following:

I. FURNISHING MATERIALS, SERVICES, AND RELEASES

Client: Client shall supply IFS with a comfortable place to sit, as well as provide IFS with anything specific to hand out.

IFS: IFS shall perform in costume and fulfill any requirements set forth by Client and agreed upon by both Client and IFS.

II. SECURITY/CONFIDENTIALITY

IFS understands that some information may be of a confidential or sensitive nature. IFS agrees not to disclose personal information such as emails, phone numbers, addresses, and names of performance attendees to any other party without written consent of Client. Client shall also agree to keep all contact information of IFS confidential.

III. INDEPENDENT CONTRACTOR

It is understood that the status of IFS under this agreement is that of an independent contractor and that all persons engaged in by IFS in performing obligations shall not be deemed as employees of Client.

IV. LATE FEES AND CANCELATION

If IFS is forced by Client to wait more than 10 minutes from the scheduled performance time before beginning a performance, a late fee will begin to accumulate at a rate of $25.00 per 15 minutes. If a late fee is charged, payment of such fee will be due before the performance shall commence.

This agreement may be cancelled by Client no less than 10 business days before the scheduled performance for a full refund excluding transfer fees. Client may cancel the scheduled performance within the period between 10 business days and the date of the performance, but no refund, either full or partial, will be given.

Should IFS need to cancel due to hazardous weather conditions, automobile accident(s), or any other extraneous circumstance (death or other hardship), IFS shall issue a complete refund excluding transfer fees. All refunds will be delivered within 10 business days of performance date.

V. RIGHT TO REFUSE SERVICE

IFS reserves the right to refuse service to anyone. IFS also reserves the right to leave the venue of the event after having to wait 15 minutes. Client shall not receive a refund under this circumstance.

VI. ADDITIONAL PERFORMERS

Client may provide performers to portray “elves”. These performers shall not hinder the performance in anyway. IFS is not legally responsible for performers provided by Client. Under no circumstances shall Client provide a “Mrs. Claus”. IFS reserves the right to bring a Mrs. Claus and/or elf when occasion permits. Mrs. Claus and IFS Elf both fall under all conditions set forth in this agreement that apply to IFS.

VII. SOCIAL MEDIA

Client: Client shall not use any image, video, or likeness of IFS for promotional use without the express written consent of IFS.

IFS: IFS will obtain permission through email to use any media created by Client for promotional use. IFS reserves the right to manipulate such media in color, size, duration, and any other alterations as IFS sees fit. IFS reserves the right to share written and verbal accounts of performances to any platform while still upholding clause 2 of this agreement.

VIII. FEEDBACK AND PUBLICATION

Following the performance, Client will be asked to provide feedback on website owned by IFS. Should Client be dissatisfied with the performance received, Client agrees to contact IFS before providing feedback or shall refrain from providing feedback. Should IFS choose to exercise Clause V of this agreement, Client gives up the right to provide feedback, post about IFS on any website including social media platforms, or produce anything in conjunction with IFS that could be construed as libel or slander.

IX. STATE LAW

This design contract shall be governed by the laws of the Great State of Idaho. Any legal disputes or proceedings shall take place in Idaho.

*COVID-19 Disclaimer*

By booking IFS, Client agrees to not hold liable the aforementioned in the event that Client or someone in Client's household or party contracts COVID-19. By booking with IFS you are doing so under your own volition.

RELEASE AND WAIVER.
I HEREBY RELEASE, WAIVE AND FOREVER DISCHARGE ANY AND ALL LIABILITY, CLAIMS, AND DEMANDS OF WHATEVER KIND OR NATURE AGAINST "IFS" AND ITS AFFILIATED PARTNERS AND SPONSORS, INCLUDING IN EACH CASE, WITHOUT LIMITATION, THEIR DIRECTORS, OFFICERS, EMPLOYEES, VOLUNTEERS, AND AGENTS (THE “RELEASED PARTIES”), EITHER IN LAW OR IN EQUITY, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, INCLUDING BUT NOT LIMITED TO DAMAGES OR LOSSES CAUSED BY THE NEGLIGENCE, FAULT OR CONDUCT OF ANY KIND ON THE PART OF THE RELEASED PARTIES, INCLUDING BUT NOT LIMITED TO DEATH, BODILY INJURY, ILLNESS, ECONOMIC LOSS OR OUT OF POCKET EXPENSES, OR LOSS OR DAMAGE TO PROPERTY, WHICH I, MY HEIRS, ASSIGNEES, NEXT OF KIN AND/OR LEGALLY APPOINTED OR DESIGNATED REPRESENTATIVES, MAY HAVE OR WHICH MAY HEREINAFTER ACCRUE ON MY BEHALF, WHICH ARISE OR MAY HEREAFTER ARISE FROM MY PARTICIPATION WITH THE ACTIVITY.

ASSUMPTION OF THE RISK.

Client acknowledges and understands the following:

1. Participation includes possible exposure to illness from infectious diseases including but not limited to COVID-19 or its variants. While particular rules and personal discipline may reduce this risk, the risk of serious illness and death does exist;

2. Client knowingly and freely assumes all such risks related to illness and infectious diseases, such as COVID-19, even if arising from the negligence or fault of the Released Parties; and

3. Client hereby knowingly assumes the risk of injury, harm and loss associated with the Activity, including any injury, harm and loss caused by the negligence, fault or conduct of any kind on the part of the Released Parties.

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