Jam n Draw Entertainment has full liability insurance.
Terms & Conditions for Live Caricature
1. This contract is to confirm your booking already agreed between the client and the performer.
2. Changes to the performance times, start times or venue must be notified to the performer as soon as possible in writing and agreed by both parties. Increases in performance times will incur additional fees to be agreed at the performer’s discretion and paid as decided between both parties.
3. The client’s personal details, addresses and contact numbers will not be forwarded to any third parties without their written permission.
4. The performer’s personal details, addresses and contact numbers will only be forwarded to third parties for promotional purposes only.
5. The performer will conduct themselves in a responsible and courteous manner. The client reserves the right to dismiss the performer in the event of unreasonable conduct.
6. In the event of injury, loss, damage or other matters that arise, both the client and the performer will take responsibility for their own liabilities.
7. In the event of the performer being unable to attend, he/she will notify the client as soon as possible and will offer a full refund of the deposit paid.
8. In the event of the client having to cancel their proceedings, or unwilling to have performer appear as requested, the client will be liable to pay a percentage of the full charges as follows:
(A) Cancellation within 7 days of the event-100% agreed fees
(B) Cancellation within 8-28 days of event-50% agreed fees
9. The deposit already paid by the client is nonrefundable, regardless of when the client cancels their event.
10. The balance of the agreed fee (charges minus $50.00 deposit already paid) will be paid to the performer ether on the day of the event, or on receipt of an invoice from the performer. This is to be agreed prior to event.
11. Invoices are to be paid in full by the client within 28 days of the date on the invoice.
12. Unpaid charges or invoices will be pursued; after a fair and reasonable time, if invoices are still not paid. Legal action may be taken.
13. Standard bank charges and possible interest will be charged for checks or other such money orders that are not honored by the client’s bank/building society/money institution. Rates will be charged at the relevant rates applicable at this time.
The client shall ensure that:
1. Performance facility provides disc jockey with a sturdy covered table approximately 2x8 feet in an area within 25 feet of a 110-volt outlet ( 3 prong grounded ):
2. Facility is open at least one and a half hours prior to scheduled start time:
3. Facility meets all federal & state safety regulations and has appropriate music licenses and performance permits:
4. Suitable shelter for disc jockey & equipment for outside events: If event is for drawing outside the same applies for the artist.
5. Reasonable steps will be taken to protect Jam n Draw Entertainment's equipment, personnel, & music, and crowd control will be provided if warranted.
Client accepts full responsibility and is liable for any damage, injuries, or delays that occur as a result of failure to comply with these provisions. In the event of circumstances deemed by disc jockey to present a real or implied threat of injury or harm to disc jockey, equipment, or recordings, Disc Jockey then reserves the right to cease performance until such time as client resolves the threatening situation. Disc Jockey further reserves the right to deny any guest access to recordings and/or equipment. In the unlikely event the disc jockey's performance is delayed, liability is limited to providing client with performance time equal to time lacking.
Client requests for extended playing time during event will be accommodated unless: disc jockey is scheduled for another event later that evening. Overtime requests may be in hour increments at a cost of $ 50.00 per hour. Payment for overtime is due on the date of event, and paid with cash only.
This agreement cannot be cancelled or modified except in writing by ether the client or Jam n Draw Entertainment. If client initiates cancellation, less than 60 days prior to the event, then the deposit will be forfeited. Cancellations made more than 60 days prior to event will receive 25% of deposit refunded.
18. Payment for DJ services at conclusion of event
At the conclusion of event the balance must be paid in full to the disc jockey. Clients may choose to pay the balance before the event begins. If paying by check all checks must be made out to Eric Lee Whittington There will be a $ 35.00 fee for all returned checks. Gratuities given to the Disc Jockey at an event are made at the sole discretion of the client.
17. Contract for DJ services
All clients that book DJ/KJ services will receive an entertainment agreement in the mail. Client must read the contract in full, agree to the terms and conditions within the contract. before signing and dating the agreement. Price quotes vary depending on hours and location of event. Client must include a $50.00 deposit and mail it to me by the response date written within the contract. Once contract is received by me I do not book any other event on the date chosen by the client. If I am unavailable on the date that the client wants services I will let them know by telephone before moving forward with the booking process. Client can choose to change the date if client wants a particular DJ to host the event.
When ordering a caricature, the customer's name, address, email and photos will be required. I will never knowingly share this information with third parties without permission. Emailed photographs will be deleted from my computer after use and all hard copy ( original photos) returned to the customer with the caricature artwork. Every photographic image used on the Jam n Draw website for promotional purposes is done so only after agreement has been obtained from the customer.
16. Third party rights
Nothing in this Agreement is intended to, nor shall it confer any rights on a third party.
Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to my contact address at 17 Blair Rd # 3 Kerhonkson, NY 12446 and all notices from us to you will be displayed on our website from time to time.
14. Changes to legal notices
We reserve the right to change these terms and conditions from time to time and you should look through them as often as possible.
As a sole trader, I reserve the right to cancel the contract between us, if I am unwell or if other circumstances beyond my control occur. If I cancel your contract, I will notify you by email or telephone and re-credit monies paid as soon as possible.
Both parties shall only be liable under this contract for losses, which are a reasonably foreseeable consequence of the relevant breach of contract. Not withstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from or negligence.
If you do not receive artwork ordered by you within 30 days of the date in which you ordered it, I will have no liability to you unless you notify me in writing at my contact address of the problem within 60 days of the date on which you ordered the artwork ( unless this is not reasonably practicable ). If you notify a problem to me under this condition, my obligation will be, at your option:
Option 1 To make good any shortage or non-delivery.
Option 2 To replace or repair any goods that are damaged or defective
Option 3 To refund to you the amount paid by you for the artwork in question in whatever way we choose.
10. Cancellation rights
Under the Distance Selling Regulations you do not have the legal right to cancel as your order is for original artwork which is classed as bespoke/personalised.
11. Cancellation by me
You will need to provide me with your email address and I will notify you by email as soon as possible to confirm receipt of your order and email you again to confirm details. An acceptance of your order will take place on dispatch of the goods(s) ordered. I hate spam as much as you do so your email will not be shared with anyone.
9. Acknowledgement and acceptance of your order
8. Risk and ownership
Risk of damage to or loss of the goods passes to you at the time of delivery to you, or if you fail to take delivery at the agreed time, the time when I tried to deliver. You will only own the goods once they have been successfully delivered and when I have received cleared payment in full. Goods supplied are not for resale.
I will deliver the goods to the address you specify. It is important that this address is accurate. I cannot accept any liability for any loss or damage to the goods once they have been delivered in accordance with your delivery instructions (unless this is caused by my negligence). I will aim to deliver the goods by the date quoted for delivery but delivery times are not guaranteed. If delivery is delayed due to any cause beyond our reasonable control, the delivery date will be extended by a reasonable period and I will contact you to arrange an alternative time. You will become the owner of the goods you have ordered when they have been delivered to you. Once goods have been delivered to you they will be held at your own risk and Jam n Draw Entertainment/Eric Lee Whittington will not be liable for their loss or distruction.
The prices payable for most of my illustrations are set out in my website. Should you have specific requirements for an illustration not shown ( e.g. A larger illustration that includes a number of people/backgrounds) I will advise you a price via email.
6. Delivery charges
Delivery charges are not included in the price of my artwork. Postage prices are listed in the price of each studio caricature ( Black n White or Color ) I work with prismacolor art stix, sharpie colored brush markers, Graphite crayon, China marker and pastel chalk stix. You decide which medium you would like your caricature to be illustrated with. All studio drawings are made up with super fine detail.
4. Damage to your computer
I try to ensure that this website is free from viruses or defects. However, I cannot guarantee that your use of this website or any websites accessible through it will not cause damage to your computer. It is your responsibility to ensure that the right equipment is available to use the website.
I have taken care in the preparation of the content of this website, in particular to ensure that prices quoted are correct at the time of publishing and that all goods have been fairly described. However, orders will only be accepted if there are no material errors in the description of the goods or their prices as advertised on this website.
3. Accuracy of content
2. Ownership of rights
All rights,including copyright, in this website are owned by or licensed to Eric Lee Whittington/ Jam n Draw Entertainment. Any use of this website or it's contents, including copying or storing it or them in whole or part, other than for your own personal, non commercial use, is prohibited without permission from Eric Lee Whittington/Jam n Draw Entertainment. You may not modify, distribute or repost anything on this website for any purpose.
Once the proof of your Caricature is emailed to you and you approve the art work I must receive the full payment for the artwork before artwork can be shipped. Payment can be made by check or money order only. All checks or money orders must be made out to Eric Lee Whittington.Once payment has been recieved by me. After check has cleared I will confirm that your order has been accepted by sending an email to you at the email address you provide. I then ship the art work via USPS to the address that you provide. All artwork is protected in a plastic sleeve and put into a secure 8x8x8 box with ends taped down well. The size of the box depends on the size of the drawing you purchase. My acceptance of your order brings into existence a legally binding contract between us. As the item purchased is classed as a personalised/bespoke product: a refund cannot be offered. Jam n Draw Entertainment/Eric Lee Whittington will not be held liable for any damage to the artwork once it has been shipped out to you.
1. The contract between us
This site is owned and operated by Eric Lee Whittington of Jam n Draw Entertainment. 17 Blair Rd. #3 Kerhonkson, NY 12446
If you have any questions about these terms and conditions or if you have any comments or complaints on or about our website, you can contact me at firstname.lastname@example.org
General terms and conditions