Terms & Conditions

These Terms and Conditions (the “Contract”) are made effective as of the date of booking between you, (the “Client”) and Phoenix Fire & Performance Art ("Phoenix Fire").

PERFORMANCE OF SERVICES. (1). Phoenix Fire shall arrive at 20 minutes before the starting time to set-up and inspect the performance area. Phoenix Fire shall adapt performance to suit the right mood of the event. Performances may be performed with or without significant breaks, based on the performer's judgement, and depending on the type of performance being done. Phoenix Fire reserves the right to alter or omit any part of the agreed performance if conditions appear to be unsafe or in any way dangerous.

PAYMENT. Client will pay compensation to Phoenix Fire for the services in the amount specified in the invoice. This compensation shall be paid in full prior to the rendering of performance services.

CANCELLATION POLICY. All deposit fees are non-refundable. A minimum of 7 days notice will be required for cancellation of this Contract. Any cancellation made with less than 7 days notice prior to the agreed upon service date will result in full payment by Client. If the cancellation is initiated by Phoenix Fire, all monies paid to Phoenix Fire from Client shall be fully refunded, INCLUDING the deposit fee. Refund shall be paid out at month's end.

TERM. Client and Phoenix Fire agree that this Contract shall commence on the date specified in the invoice and terminate after the services are rendered. Said agreement may be extended and/or renewed by agreement of all parties in writing thereafter.

RELATIONSHIP OF PARTIES. It is understood by the parties that Phoenix Fire is an independent contractor with respect to Client, and not an employee of Client.

FORCE MAJEURE. If performance of this Contract or any obligation under this Contract is prevented, restricted, or interfered with by causes beyond either party's reasonable control ("Force Majeure"), and if the party unable to carry out its obligations gives the other party prompt written notice of such event, then the obligations of the party invoking this provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, without limitation, acts of God, fire, explosion, vandalism, storm or other similar occurrence, orders or acts of military or civil authority, or by national emergencies, insurrections, riots, or wars, or strikes, lock-outs, work stoppages, other labor disputes, or supplier failures. The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable control of a party if committed, omitted, or caused by such party, or its employees, officers, agents, or affiliates.

DISPUTE RESOLUTION. The parties will attempt to resolve any dispute arising out of or relating to this Contract through friendly negotiations amongst the parties. If the matter is not resolved by negotiation, the parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure.

Any controversies or disputes arising out of or relating to this Contract will be submitted to mediation in accordance with any statutory rules of mediation. If mediation is not successful in resolving the entire dispute or is unavailable, any outstanding issues will be submitted to binding arbitration under the rules of the American Arbitration Association. The arbitrator's award will be final, and judgment may be entered upon it by any court having proper jurisdiction.

ENTIRE CONTRACT. This Contract contains the entire Contract of the parties, and there are no other promises or conditions in any other contract whether oral or written concerning the subject matter of this Contract. This Contract supersedes any prior written or oral agreements between the parties.

SEVERABILITY. If any provision of this Contract shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Contract is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

AMENDMENT. This Contract may be modified or amended in writing, if the writing is signed by the parties obligated under the amendment.

GOVERNING LAW. This Contract shall be governed by the laws of the State of Florida.

NOTICE. Any notice or communication required or permitted under this Contract shall be sufficiently given if delivered in person or by certified mail, return receipt requested, to the address set forth in the opening paragraph or to such other address as one party may have furnished to the other in writing.

WAIVER OF CONTRACTUAL RIGHT. The failure of either party to enforce any provision of this Contract shall not be construed as a waiver of limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Contract.

ASSIGNMENT. Neither party may assign or transfer this Contract without the prior written consent of the non-assigning party, which approval shall not be unreasonably withheld.