Performance Terms & Conditions

FINANCIAL: A $50.00 deposit is required to hold the performance time and date slot. This deposit is 100% refundable upon cancelation for any reason up to two (2) hours before the performer's scheduled arrival time. 

Client may either pay online using the invoice Paypal link or upon arrival at the event with cash or personal check payable to Roger Way. If you pay the Entertainer on the day of the event, Please present the full payment due to the Entertainer upon his arrival. This avoids the necessity and confusion of pulling the Client away from guests and hosting obligations at the conclusion of the performance.

Client fees paid in advance of the event are 100% refundable upon cancelation for any reason up to two (2) hours before the Entertainer’s scheduled event arrival time. Should the Client cancel with less than two (2) hours notice based on the Entertainer’s scheduled arrival time the full paid fee less $50.00 is refundable. Should the Entertainer cancel at any time for conditions within or beyond his/her control, 100% of the paid fee will be refunded.

 OUR PROMISE TO YOU: Once you acknowledge this confirmation, The Entertainer is committed to you. Entertainer will never drop or transfer your party to another entertainer so long as he is capable of performing. If the Entertainer is unable to perform at your event due to disabling injury, illness or genuine emergency outside of his control, he will make every effort to personally arrange a substitute entertainer of equal or greater skill at our agreed party fee. If the Entertainer cannot secure a suitable replacement, Client and Entertainer agree to discharge all obligations under this agreement and promptly refund all deposits and fees paid to date.

OUTDOOR EVENTS (PLEASE NOTE!): Entertainer will perform outdoors under dry and warm conditions.  Entertainer will NOT perform outdoors if rain or heavy winds are expected, in a wet/muddy area or if the temperature drops below 45 degrees or above 90 degrees. These conditions may damage the Entertainer's costly gear. Client agrees to arrange an alternate indoor or dry sheltered environment should these conditions arise, otherwise, Entertainer may choose to postpone the performance until the conditions improve (if scheduling permits) or cancel the performance.  Unless otherwise stated in this agreement, Entertainer neither accommodates nor commits to alternate Rain Dates. 

PUBLIC AND LARGE EVENT PARKING: Client must provide reserved unloading, parking, and loading access as close to the performance site as possible. This spot must also provide unrestricted departure from the performance area.  

BENEFIT SPONSOR STATUS: Benefit and Fundraiser Clients understand that Entertainer cannot, by law, claim an In-Kind tax exemption for his time or performance. Any discount off of his standard fee is an out-of-pocket cost for the performer. THEREFORE, Client agrees to provide Entertainer with Event Sponsor status, benefits, recognition, and privileges at the level of the full value of his standard performance fees before discounts. Client acknowledges the Entertainer as an Event Sponsor, not a volunteer. 

LARGE EVENT BRAND RECOGNITION: Client agrees to use the "Happy Dan the Magic Man" brand in all event promotion materials and press releases. Client understands that Generic non-branded promotions such as "Magician" and "Magic Show" are insufficient and may void all discounts associated with this agreement at the discretion of the Entertainer. 

LEGAL STUFF: Entertainer cannot accept second party or counter checks. By paying with a personal or business check, Client agrees to pay a $35.00 fee to Entertainer to cover expenses for checks returned unpaid for any reason. By paying with a personal or business check, Client also agrees to cover any and all collection and legal expenses incurred in collection efforts for any unpaid balance of this agreement.

TERM: This agreement shall be effective upon receipt by Entertainer of any deposit and or email reply approval of this agreement. This agreement shall remain in effect through the completion of the services.

VENUE CONDITIONS: The Client agrees to provide Entertainer a safe and appropriate working environment and adult supervision of minors. Client further agrees that if Client or Client's guests damage, abuse, or remove Entertainer's property during this event, Client will repair or replace the property.

LIMITATION OF LIABILITY: Entertainer carries Performer Liability Insurance coverage for property damage and personal injury resulting from his performance. Regardless, the Client assumes the risk and agrees to indemnify, defend, and hold harmless Roger C. Way Family Entertainment and all associated artists from and against any and all accidents, claims, judgments, costs or liability for damage, injury to any person or property exceeding the insurance coverage during this event. Liability of Roger C. Way Family Entertainment shall not exceed the value of this agreement.

FORCE MAJEURE/SUBSTITUTION: Neither Entertainer nor Client will incur liability to each other for failing to perform any obligation under this agreement if such failure results from a force majeure, act of God or any force beyond our reasonable control.

GENERAL: This agreement shall be governed by, venued in, and construed in accordance with the laws of the state of North Carolina. This agreement constitutes the entire agreement between Entertainer and Client and supersedes any prior written or oral communications. If any portion of this agreement is deemed invalid, the remainder of the agreement will remain in full force and effect. Changes, deletions and additions to this agreement must be submitted between the Entertainer and Client through an email message, text message or other written format before or during the event.

In accordance with the Uniform Electronic Transactions Act of 1999, Sender intends to rely on this and subsequent emails as proof of whatever agreements are therein reached.