Terms of Service for rentals/bookings and cancellations

Terms of Use/Service

Effective 3/7/25

Welcome to Fun Faces Character Rentals! These Terms of Service ("Terms") govern your use of our website https://www.funfacescharacters.com and the party entertainment services we provide in Southern Georgia and surrounding areas. By accessing or using our website or services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our website or services.

Services We Provide:

Fun Faces Character Rentals ("we," "us," or "our") offers a variety of party entertainment services, including but not limited to face painting, balloon twisting, costumed characters, and more for hire in Southern Georgia and surrounding areas. Our services are available for various events such as birthday parties,corporate events, school functions, and private gatherings.

Booking, Deposit, and Payment:

When securing our services, you must submit a completed booking request through our website or by contacting us directly. We require a 30% deposit (or 50% for holiday bookings), a signed contract, and for costume only rentals, a minimum security deposit of $100.00. Your appointment (date, time, and if available entertainer(s), are contracted for) will only be 100% reserved once all three booking requirements have been met.

Client has 72 hours from the time the booking invoice is sent and viewed to submit the required deposit. If this deadline is not met, your time slot may be forfeited to another client. If you wish to cancel prior to the event, you will forfeit the deposit paid but will not be required to pay the remaining balance.

Rescheduling: You may reschedule your event if needed, subject to the availability of our products and/or performers.

The new event date must be within 60 days of the original reservation for the deposit to be applied. If rescheduling is not possible or desired, you may cancel your booking and forfeit the deposit.

a) Express Booking -- character rentals/hires made with less than 3 days prior to the event are subject to a "RUSH" fee of

$50.00 and are NOT eligible for promotional discounts. All services and rentals are for a specified period of time, which is indicated on your Rental Agreement. Once you have made your rental/service choice an invoice with a copy of the Rental Agreement will be emailed to the address provided. You have the option of receiving and/or returning the Rental Agreement by fax, email (as a PDF attachment) or in person prior to delivery of the rentals/services (please keep in mind that your RENTAL is NOT CONFIRMED without the signed Agreement and the required payment/retainer fee).

b) TRAVEL Limits - The location of your event is required for mileage calculations since more than 50 miles away round trip

from our 31313 location may have a travel fee assessed to the event total (for further distances please call us). We also

offer you the option of pick up and drop off with payment of the required security deposit.

Out-of-State Costume Rentals:

Any out of state rental requires a booking request form from the site or a call, full payment or a 30% deposit and a signed contract. The security deposit paid is for this rental is $150 and fully refundable upon the prompt return and inspection of the rented costume(s). Costume MUST have all items of clothing, zippers in tact, feet/shoes undamaged and have any and all props. For fastest security deposit refund we suggest the use of CashApp or Zelle for no additional fee and payment in minutes.

Shipping charges are the responsibility of the Customer. We do not cover the return shipping for rentals. The total price includes a prepaid box and return shipping label that will be enclosed with your rental costume. Please attach this UPS shipping label to the box once you are ready to return the costume and drop off the package at UPS. Please plan your order so that there is enough time for processing and shipping. Rush shipping available for extra charge.

Please be advised that we require a timely return of our costumes - we will be charging a late fee in the amount of $50 each day the costume is not being shipped back after the rental period has ended. The rental start and end dates are listed on the order receipt and are confirmed at the time of the order. We are NOT responsible for any damage, delay, or loss of the package(s) during shipping to or from the customer. We DO NOT issue a refund due to the above mentioned conditions.

Payment:

The booking deposit is non-refundable for any reason. Upon booking, we will send an invoice for the deposit, which is our preferred payment method. We also accept payment via Venmo/PayPal if necessary with a fee, CashApp,and Zelle. The remaining balance will be due no less than 24 hours prior to the day of the event. Full payment is due, no less than 24 hours prior to the event.

TERMINATION

SERVICE PROVIDER’S OPTION TO TERMINATE. Client hereby grants Service Provider the option to terminate this Agreement on 1-hour notice, either by mail, personal notice, phone, or facsimile. On the exercise of such option, Client must immediately return to Service Provider or make available for pickup all Product in the same condition as when first delivered to Client.

The acceptance and return of the Product will not constitute a waiver by Service Provider of any claims that it may have against Client, nor a waiver of claims for latent of patent damage to Product. The Agreement may not be amended or modified except in writing, signed by both parties.

CANCELATION POLICY: If Client intends to cancel Client’s reservation or rental, Client must do so 72 hours prior to the rental period in order to be entitled to a full refund. If Client cancels Client’s reservation or rental 48 hours prior to the rental period, Client will only be entitled to a 50% refund. If Client cancels Client’s reservation or rental on the same day as the rental period, Client will not be entitled to a refund. Client must communicate to Service Provider Client’s desire to cancel Client’s reservation or rental by phone. If Client is unable to reach Service Provider, Client must email Service Provider at characters4smilez@gmail.com. Service Provider may cancel any reservation or rental at any time at Service Provider’s desire without any liability.

OTHER CANCELATION POLICY. In case of rain, precipitation, rainstorm, monsoon, flood, hail, snow, snowfall, blizzard, thunderstorms, gust, excess winds (over 20 miles per hour) tornados, earthquakes and other acts of Acts of God, Client will be refunded Client’s full reservation or rental, even on the same day as the rental period. However, Client must communicate to Service Provider Client’s desire to cancel Client’s reservation or rental by phone prior to 7:00 am, pacific standard time. If Client is unable to reach Service Provider, Client must email Service Provider at characters4smilez@gmail..com prior to 7:00 am, eastern standard time in order to be entitled to a full refund. Service Provider may cancel any reservation or rental at any time at Service Providers desire without any liability.

b) Cancellation by Us: We reserve the right to cancel the event if booking materials (contract, address,payment) are not submitted by the agreed deadline, or if entertainers are unable to perform due to safety concerns, insufficient space, or other

issues related to the safety of the performer, Product or the event.

c) Retainer/booking fees are NON-REFUNDABLE should the client cancel the engagement with less than 24 hours prior to the

event will result in forfeiture of all monies paid.

d) We do understand that situations do occur where you may need to cancel your reservation. Cancellations require a

minimum 7 days’ notice prior to the event to reschedule---NO BOOKING/RESERVATION REFUNDS. Please contact us

as soon as possible and we will make every effort to accommodate a future rescheduling for up to one year from the

originally scheduled payment date after which time all monies will be forfeited.

Tardiness (if applicable):

Due to unpredictable traffic conditions, entertainers may arrive up to 15 minutes later than the scheduled appointment time. However, the entertainer will remain for the full duration of the contracted service. Please account for this potential delay when planning your event.

Inclement Weather

In the case of inclement weather (rain, heavy winds, hail, etc.), the client must provide a covered, indoor

space for all entertainers whether provided by us or yourself. We strongly advise securing a backup, indoor venue to prepare for weather changes. If you wish to reschedule due to inclement weather or forecasts of such, our rescheduling policies and fees will apply. We do not allow any performer that we provide to perform outdoors in temperatures more than 85 degrees and live characters under 55 degrees.

Client may reschedule services for their event for weather reasons in as little as 4 hours prior by calling, texting, or emailing to alert/inform us of weather changes in the Client's area. Clients insisting upon outdoor events bear the responsibility of providing an alternative venue (if none exists, rescheduling the event is our policy --NO REFUNDS).

Delivery Policy

To the address specified by the customer, the customer grants the right to enter said property for the delivery and pickup of the rental equipment at approximately specified times. The client is responsible in the case that vehicle(s) are unable to enter or entrance is delayed. Once FFCR arrives at the event address any changes to the event address may result in additional travel charges, reduced event run-time, and/or cancellation of the event. Inflatables and other large item setups require direct access to setup location, if using a wheeled dolly, with a minimum four (4) foot clearance with grades less than 5%. Indoor setups may require double doors with the center pole removed or roll-up doors with a minimum 4-foot wide clearance. Setup location must be accessible without the use of stairs. Setup locations that require the use of an elevator are considered difficult and clients may be billed for additional setup and/or take downtime at a rate of $35 per man hour billed in 1/2 hour increments. Failure to notify the provider of stairs, grades more than 5%, and/or set up locations with limited access as defined here-within may result in a reduced rental period and/or cancellation of event or rentals with the client responsible for the entire balance of this contract. The client is responsible for answering all follow-up questions about access conditions accurately, or items may not be delivered and a refund may not be offered.

DELIVERY AND TESTING

CLIENT IS CONSIDERED TO HAVE TAKEN DELIVERY OF THE PRODUCT WHEN THE PRODUCT IS DELIVERED TO THE ADDRESS LISTED ON THE RENTAL INVOICE AND THEREFORE ASSUMES ALL RISK OF LOSS FROM THE TIME THAT THE PRODUCT IS DELIVERED TO CLIENT TO THE TIME SERVICE PROVIDER PICKS UP THE PRODUCT. Client is responsible for any damages Client causes to Product, property, or persons, during testing at delivery. After Client completes testing of the Product, Client must notify Service Provider or its agents of any defective or inoperable Product immediately upon discovering the defect. Unless Client notifies Service Provider of a defect or problem with the product supplied at the time of testing, Client agrees that the Product is in good working condition and that the Product is acceptable to Client. Any defect unnoticed or undetected causing limited use prior to or during the event may, at the Company's discretion, entitle the Client to a minimum 20% refund of payment made for service or rental.

TRANSPORTING PRODUCT—PICK UP AND DELIVERY

Service Provider will deliver Product to Client at the address Client inputs at the time of rental and address listed on the Rental Invoice. Service Provider will then pick the Product from Client at the conclusion of the rental period. Client will assume all delivery expenses, if any, based on Client’s location, distance and/or proximity from Service Provider’s warehouse. Service Provider is not responsible for delivery and pickup delays.

RIGHT OF ENTRY AND INSPECTION

Service Provider will have the right to inspect the Product at any time during the period in which the Product is in the possession of Client. Client must make any and all arrangements necessary to permit a qualified employee of Service Provider access to the location of the Product. If a breach of any of the provisions of this Agreement occurs, Service Provider has the right to remove all of the Product without any liability to Service Provider, and without prejudice to Service Provider’s rights enumerated in this Agreement.

RESTRICTIONS UPON THE USE OF THE PRODUCT

U.S. DOMESTIC USE ONLY, UNLESS OTHERWISE AGREED. Product may be used in the United States only, unless otherwise specifically agreed in writing. Product may not leave rental site unless Client is provided with written consent by Service Provider.

SETUP/TEARDOWN BY QUALIFIED TECHNICIANS ONLY. The Product may be used, set up, operated, managed, controlled, directed, driven, influenced, guided only by Service Provider’s duly qualified employees and/or agents. Client shall keep the Product in its sole custody and shall not permit the Product to be used in violation of any laws

NO SUBLEASE BY CLIENT IS PERMITTED. Client may not sublease or permit use by anyone other than Service Provider’s qualified technician(s)/employees and/or agents, of all or any part of the Product without written consent of Service Provider.

DO NOT REMOVE SERIAL NUMBERS OR COVER COMPANY LOGOS. Client may not remove or cover over any serial numbers, tags, nameplates, or identifying logos on the Product showing ownership by Service Provider without written consent of Service Provider.

DO NOT USE THE PRODUCT FOR ANY PRODUCTION OR PROJECT EXCEPT FOR PROJECTS AND PRODUCTIONS AUTHORIZED BY SERVICE PROVIDER. Client shall not use any of the Product on any project or productions without the written consent of Service Provider. If Client uses any of the Product on any project or production, that use will be deemed as a material breach of this Agreement.

CLIENT’S REGISTER

The Client acknowledges, promises, covenants, agrees, assures, pledges, declares the following:

a competent adult (over the age of 18) will be present at all times during Client’s, user’s or participant’s use of Product.
that theClient will immediately turn off and not use inflatable products if and when winds exceed 20MPH during their rental period.
that, at all times, during the rental period Client, users, or participants will not use, spray, attach, or otherwise cause any silly string, glitter, paint, shoes, sharp objects, food, gum, drinks, pets, or paint to in any way touch, attach, contact, collide with or otherwise come into contact with Product either directly or indirectly.
that the Client, users, or participants playing inside the products will not be unevenly matched (i.e. adult inside with toddler).
that the Client, users, or participants will not use Product if they are pregnant, have back pain, or other physical ailments.
that the Client, users or participants will not tumble, flip, wrestle, chase, or pile up on each other while on or inside Product.
that the Client, users or participants will not use, engage or otherwise play near Product’s entrance and/or
that if anchoring points become loose or are removed, Client will immediately stop the use of Product and will contact Service Provider for further instructions.
that for Products which have slides, Client, users or participants will follow the correct sliding technique and only one Client, user or participant will slide at a time.
that the Client will notify Service Provider at the time of reservation of any stairs, staircase, steps, escalators, incline or declines, or any other obstacles that will interfere with Service Provider’s access to rental location.
that Client will notify Service Provider at the time of reservation if the property is a vacation rental property.

Costume and Performer Availability:

We also cannot guarantee that the exact costume you’ve seen in previous events or inpictures will be available at your event. We offer multiple versions of most costumes, and while they are all of equal quality, they may not be identical. If you have a specific costume request, please make it in writing prior to signing the contract, and we will confirm if it can be accommodated.

We cannot guarantee a specific performer for your event. Performers can only be provided on an "as available basis." You are hiring a character or entertainment type, not a specific individual. While we will make efforts to accommodate your requests,the availability of performers is subject to change due to personal emergencies or scheduling conflicts or distance from event.

a) Performers: Minimum booking for a private character performer event is our 30-minute party package which is subject to

travel fees for any area exceeding our travel area. Performers requested for public events require a minimum 2 hour

booking time and may also be subject to a travel fee depending upon the location. For any/all cancellations for a requested

performance a fee of 20% of the total invoice amount will be due and payable. WE RESERVE THE RIGHT TO: substitute a

character or cancel any appearance due to serious injury or contagious illness of the performer or the performer’s family. In

the event that any extreme circumstances arise our coordinator will be in contact with the Client as soon as conditions are

known to decide on a path forward.

Gratuities:

When performers are provided by us to perform services requested by our clients (sometimes in large, furry and hot suits) for

the pleasure of your family, friends and guests do so in circumstances that are NOT always ideal (excessive temperatures,

small venues or unexpected numbers of guests or extended travel times/distances). GRATUITIES are greatly appreciated,

and a sign of a job well done. Gratuities are greatly appreciated. A recommended gratuity is 15-20% of your total balance. You

may provide a tip in cash at the event or contact us to arrange a digital transfer to the performer via their qr-code..

Character Integrity and Parking:

Please refer to performers by their character names and avoid questions that may spoil the magic for

your guests (ex: Whose in there?; Why don't they talk?) Performers will make every effort to park away from the event venue to maintain the magic.If parking becomes an issue, please ensure a space is reserved for the performer, as delays in parking

will reduce the time available for entertainment.

a) PHOTOS: During events, our party host or hostess will take photos of activities and interactions for our promotional purposes.

Such photos, unedited, are available to you at no additional cost on our Facebook page the within 7 days following your event. All photographs taken at the event may be used for any future advertising or marketing materials for Fun Faces without further consent.

b) Additional Entertainment - Should you enlist the services of an additional character hire company to attend your event, we must be informed since our character performers are prohibited from performing along with others posing in costume as a

character at the same event. If, another company has been contracted with, FFCR must either upon arrival or during the

event halt any services and depart the event.

We are aware that many parties/events have more than one form of entertainment (bounce houses, slides, bubbles, dunk tanks, etc) therefore we ask that any/all in attendance be readily available upon the character's arrival (dried off). By doing

so our character and game staff can focus on interaction, posing and making those special memories for all.

NO WARRANTY OR GUARANTY.

SERVICE PROVIDER GIVES NO WARRANTY, EXPRESS OR IMPLIED, AS TO DESCRIPTION, QUALITY, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, PRODUCTIVENESS, OR ANY OTHER MATTER OF THE PRODUCT. SERVICE PROVIDER SHALL BE IN NO WAY RESPONSIBLE FOR THEIR PROPER USE IN SERVICE AND CLIENT HEREBY WAIVES ALL REMEDIES, WARRANTIES, GUARANTEES, EXPRESSED OR IMPLIED, ARISING BY LAW OR OTHERWISE (INCLUDING WITHOUT LIMITATION ANY OBLIGATIONS OF SERVICE PROVIDER WITH RESPECT TO FITNESS, MERCHANT ABILITY AND CONSEQUENTIAL DAMAGES).

PRODUCT DAMAGED OR DESTROYED WHILE IN THE FIELD.

Return of the Product to Service Provider shall be subject to Service Provider’s subsequent inspection for damaged or missing items. Service Provider will inform Client within a reasonable time period if Service Provider’s inspection reveals missing or damaged items.

AS SOON AS CLIENT DISCOVERS THAT A PRODUCT IN THE FIELD IS NOT PROPERLY OPERATING OR IS UNUSEABLE, Client must notify Service Provider of the problem and if necessary, Service Provider will pick up the Product. Service Provider will make a determination of the source of problem for any missing/damaged Product. If Service Provider determines that the problem was not caused by Service Provider, Service Provider will make a reasonable effort to promptly repair or replace the Product at Client’s expense. In determining whether Product should be replaced or repaired, Service Provider’s judgment will be binding on Client.

LOSS AND DAMAGES. On return of damaged Product, Service Provider will make a determination of the extent of the damage and the required repairs. Service Provider or Service Provider’s representatives will have a reasonable amount of time to inspect the damage. In determining whether Product will be replaced or repaired, Service Provider’s judgment will be conclusive on Client. Should Service Provider determine that the Product must be replaced, Client will be responsible for the cost to replace the same item or the closest comparably equipped model, at current retail prices less any discounts available, without deduction for depreciation, plus transportation, tax, and setup charges. If repaired, Client will be responsible for all repair costs.

LOST, STOLEN, OR DESTROYED PRODUCT. In the event that after delivery to Client, any of the Product is lost, stolen, damaged beyond repair, destroyed, or otherwise disappears or is not returned for any reason, Client will be responsible for the cost to replace the same item or the closest comparably equipped model, at current retail prices less any discounts available, without deduction for depreciation, plus transportation, tax and set up charges.

AS SOON AS CLIENT REALIZES THAT PRODUCT IS MISSING, CLIENT MUST NOTIFY SERVICE PROVIDER AND FILE A POLICE REPORT. In all instances immediately report any missing, lost, or stolen product to Service Provider and file a report with the local authorities.

CLIENT MUST NOTIFY SERVICE PROVIDER AT THE CONCLUSION OF THE EVENT SO THAT SERVICE PROVIDER CAN FACILITATE PICK UP OF THE PRODUCT, UNLESS WITHIN ONE (1) HOUR OF SCHEDULE PICK UP TIME. After Client concludes Client’s event, Client must immediately notify Service Provider, unless within one (1) hour of scheduled pick up time, in order for Service Provider to arrange the pickup of Product back to Service Provider.

RIGHT OF ENTRY AND INSPECTION

Safety, Damage, and Liability

You are hiring a performer for your child’s party, but the performer is not responsible for babysitting or

ensuring the safety of the children. You must provide adult supervise for the children throughout the performance. Fun Faces

Character Rentals is Not Liable for any injury, accident, illness, or damage to persons or property during the event.

By booking our services, you release Fun Faces Character Rentals from any such liability.

SMS/MMS Policy:

By opting into SMS from a web form or other medium, you are agreeing to receive SMS messages from

Fun Faces Character Rentals. This includes SMS messages for appointment scheduling, appointment reminders,

post-visit instructions, general notifications, and billing notifications. Message frequency varies, but you can expect to

receive them monthly. Message and data rates may apply.

Message HELP for help. Reply STOP to any message to opt out. For more details about how we protect your

personal information, please refer to our Privacy Policy at www.funfacescharacters.com/privacy-policy

Intellectual Property:

Ownership of Content: All content, including but not limited to logos, trademarks, website design, text, images, videos,

and promotional materials, provided on this website, during events, or through our services, is the property of

Fun Faces Character & Party Rentals and is protected by intellectual property laws. No content from our website or

services may be copied, reproduced, distributed, or used in any way without prior written consent from us.

- Use of Character and Performer Names: Any use of names, images, or likenesses of the characters we

provide, whether in promotional materials or for other purposes, must be pre-approved by Fun Faces Character Rentals.

We do not grant any licenses for the use of these characters or any proprietary material, and such use without permission is

prohibited.

- Third-Party Materials: Any third-party intellectual property, including costumes, character names, and likenesses, used during

our events is the property of their respective owners. We do not claim ownership of any third-party intellectual property and its

use is solely for the purpose of providing entertainment services during an event.

Affiliation and Copyright Disclaimer:

Fun Faces Character & Party Rentals is an independent company and is not associated with, affiliated with, or licensed by

any other companies. We offer only generic characters based upon public domain fairytales and other stories, and any similarities to copyrighted material are purely coincidental. No copyright infringement is intended.

INDEMNIFYING THE SERVICE PROVIDER

Client agrees to indemnify Service Provider and to hold Service Provider in its respective, past, present, or future form, administrators, agents, employees, affiliates, associates, associations, assigns, attorneys, beneficiaries, corporations, directors, divisions, executors, firms, grantees, heirs, independent contractors insurers/reinsurers, joint ventures, managers, members, officers, parents, partnerships, predecessors, representatives, servants, brands, shareholders, successors, subsidiaries, transferees, trustees, vendees, owners, and all legal entities or personal acting by and through Service Provider harmless from and against any and all losses, damages, claims, demand or liability of any kind or nature whatsoever, including legal expenses, recited to, or arising from the use, transportation, condition (including, without limitation, latent and other defects), or operation of the Product, and by however used or operated during the time when Client is in possession of Product. This indemnification will continue in full force and effect during and after the term of the rental for causes arising during the term of the before, during, or after rental.

RELEASE

CLIENT HEREBY RELEASES, WAIVES, DISCHARGES SERVICE PROVIDER in its respective, past, present, or future form, administrators, agents, employees, affiliates, associates, associations, assigns, attorneys, beneficiaries, corporations, directors, divisions, executors, firms, grantees, heirs, independent contractors insurers/reinsurers, joint ventures, managers, members, officers, parents, partnerships, predecessors, representatives, servants, brands, shareholders, successors, subsidiaries, transferees, trustees, vendees, owners, and all legal entities or personal acting by and through Service Provider from any and all liability, claims, demands, actions, and causes of actions of any kind or nature arising out of or related to any loss, damage, or injury, including death, that Client or any user of Service Provider’s Product may sustain resulting from their use or participation in or in any way connected with their use or participation of Service Provider’s Product regardless of whether such loss is caused by the negligence of the Releasees (herein Service Provider) and regardless of whether such liability arises in tort, contract, or otherwise, and covenant not to sue Service Provider based on the same.

Limitation of Liability

To the fullest extent permitted by law, Fun Faces Character Rentals will not be liable for any indirect, incidental, special,

or consequential damages arising from your use of our services. Our total liability to you for any claims related to the services provided will not exceed the amount paid by you for the specific service that gave rise to the claim.

LEGALLY BINDING AGREEMENT

CLIENT ACKNOWLEDGES THIS DOCUMENT IS A LEGALLY BINDING CONTRACT which is intended to provide a comprehensive release of liability but is not intended to assert any claims or defenses which are prohibited by law.

INHERENT RISK OF USING PRODUCT AND WAIVER

CLIENT AND ANY AND ALL PRODUCT USERS AND PARTICIPANTS AND/OR LEGAL GUARDIANS understand that participation and use of Product involves an inherent risk of personal injury and even death, and Client and any and all Product Users elect to voluntarily participate and use Product knowing that their use and participations may be hazardous to them and their property. Client and any and all participants and users of Product understand that Service Provider does not require their participation and use of Product. Client and any and all Product user and participants assume full responsibilities of any risks, of loss, property damage, or personal injury, including death, that they may sustain as a result of participating or using Service Provider’s Product. It is Client’s, user’s and/or participant’s express intent that this Contract Releases and binds Client’s, users, and/or participant’s family members, spouse, heirs, assigns, personal representatives, and anyone else entitled to act on my behalf to the extent they act on Client’s, users, and/or participant’s behalf, and is deemed as a release, waiver, discharge, and covenant not to sue Service Provider.

GOVERNING LAW

THIS AGREEMENT SHALL BE GOVERNED BY THE LAWS OF GEORGIA, and will be deemed to have been made in, and will be interpreted and the rights and liabilities of the parties determined, in accordance with the laws of Georgia. Client irrevocably agrees to the exclusive jurisdiction of the Liberty County Superior Court in any and all disputes, actions, or proceedings between Service Provider and Client, whether arising under this agreement or under any other agreement or undertaking; and Client irrevocably agrees to service of process by certified mail, return receipt requested, in any action brought under this agreement. Nothing contained in this agreement will in any manner prevent or preclude Service Provider from bringing any one or more actions against Client in any jurisdiction in the United States or elsewhere.

INITIAL DISPUTE RESOLUTION

Service Provider is available by email to address any concerns Client may have regarding this Agreement. Most concerns may be quickly resolved in this manner. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit.

MEDIATION AGREEMENT.

All claims, disputes, and controversies arising out of or in relation to the performance, interpretation, application, or enforcement of this agreement, including but not limited to breach thereof, shall be referred to mediation before, and as a condition precedent to the initiation of any adjudicative action or proceeding. Further, both parties agree to conduct meaningful mediation for at least four (4) hours prior to initiation of any adjudicative action or proceeding. Said mediation is to be conducted by a mutually selected mediator. Mediation will be conducted in Fulton County, Georgia. In the event the parties are unable to agree on a mediator, mediation services shall be provided by any mediator/neutral at Signature Resolution in its current or future form. The parties will share the costs of the mediator and mediation equally. Each party will cooperate fully and fairly with the mediator and will attempt to reach a mutually satisfactory compromise to the dispute within thirty (30) days after it is referred to the mediator.

CLASS ACTION WAIVER.

The parties further agree that any claim, dispute, and controversies arising out of or in relation to the performance, interpretation, application, or enforcement of this agreement, including but not limited to breach thereof, shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis.

BREACH AND DEFAULT

DEFAULT AND BREACH OF TERMS. If Client defaults on any of the terms, covenants and conditions of the Agreement, or any execution or other writ or process will be issued in any action or proceeding against Client whereby the Product might become or appear to become in danger of being seized, taken, or distrained, or if

proceedings in bankruptcy, receivership, or insolvency will be instituted by or against Client or Client’s property, or if Client enters into any arrangement or composition with Client’s creditors, or in the event that any judgment is obtained against Client or if for any other reason Service Provider deems itself insecure, or the Product in jeopardy, then and in that event, Service Provider will have the option of declaring this Agreement terminated and may, without notice or demand, by process of law or otherwise, take possession of the Product and, for such purpose, may remove the Product, with or without force, and with or without notice of intention to retake the same, without being liable to Client or any third party in any suit or action and Client will hold Service Provider harmless and indemnify Service Provider against any such claims or alleged liability to third parties. Nothing contained in this agreement will be construed to bar or prevent Service Provider, in the event of monies being due it for rental, repair, replacement, or other costs, from suing and receiving the monies due it, and from repossession of the Product, the costs and expenses of which inclusive legal fees, must be borne by Client. Any or all of the foregoing remedies are expressly permitted, consented to, and authorized by Client.

Modifications to Terms of Service

We reserve the right to update these Terms of Service at any time. All changes will be posted on this page, and the

"Effective Date" will be updated accordingly. By continuing to use our website or services after any changes, you accept the revised Terms.

These Terms are governed by and construed in accordance with the laws of the State of Georgia. Any legal disputes will be resolved in the courts located in Hinesville, Georgia.

Contact Information:

For any questions regarding these Terms of Service, support, or to inquire about our services, please contact us:

Fun Faces Character Rentals
Hinesville, GA, 31313
Phone: (912) 447-3599
Email: fun_characters@outlook.com

Fun Faces Character Rentals is an independent company and is not associated with, affiliated with, or licensed by any other companies. We offer only generic characters based upon public domain fairytales and other stories, and any similarities to copyright material is purely coincidental. No copyright infringement is intended.

TRAVEL FEES APPLY * TRAVEL FEES APPLY * TRAVEL FEES APPLY* TRAVEL FEES APPLY * TRAVEL FEES APPLY

Terms of Use/Service Effective 3/7/25

Terms of Use/Service

Effective 3/7/25