This Event Entertainment Liability Waiver, Assumption of Risk & Release (“Waiver”) is incorporated into and made part of the Service Agreement between Sweet Event Art, LLC / Sweet Cheeks Face Painting & Balloon Art (“Company”) and the Client identified in the Service Agreement (“Client”).

By signing the Service Agreement, submitting payment, or permitting the Company to provide entertainment services at the event, the Client acknowledges and agrees to the following:

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1. ASSUMPTION OF RISK

Client understands that event entertainment services may involve activities, materials, equipment, and interactions that carry inherent risks, including, but not limited to:

• Face painting, body painting, glitter tattoos, airbrush applications, and similar cosmetic or artistic services;

• Balloon twisting, balloon sculptures, balloon décor, arches, columns, centerpieces, and other balloon installations;

• Children or guests interacting with entertainers, balloons, props, equipment, or displays;

• Latex or other material allergies or sensitivities;

• Skin irritation, allergic reactions, staining, or other reactions to cosmetic, artistic, adhesive, glitter, or other materials;

• Trips, slips, falls, or other injuries arising from crowded event areas, uneven surfaces, weather conditions, decorations, furniture, electrical cords, or other conditions at the event location;

• Balloons that may pop, break, deflate, or become detached;

• Small balloon pieces or other decorative materials that may present a choking hazard to young children; and

• Other ordinary risks reasonably associated with event entertainment services.

Client voluntarily assumes responsibility for ensuring that children and guests participating in or interacting with the Company's services are appropriately supervised.

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2. CHILDREN AND GUEST SUPERVISION

The Company is providing entertainment services and is not acting as a childcare provider, babysitter, guardian, or supervisor of children.

Parents, guardians, event hosts, and/or designated supervising adults remain responsible for the safety, supervision, and behavior of all children and guests attending the event.

The Company reserves the right to discontinue participation by any child or guest whose behavior presents a safety concern to the individual, other guests, Company personnel, equipment, or property.

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3. ALLERGIES AND SENSITIVITIES

Client acknowledges that certain entertainment services may involve products containing or made with latex, cosmetic pigments, adhesives, glitter, cosmetic-grade products, or other materials that may cause allergic or other reactions in certain individuals.

The Client is responsible for informing the Company in advance of any known allergies, sensitivities, medical restrictions, or other conditions that may affect participation.

The Company may refuse to apply or use any product when the Company reasonably believes that doing so may create a safety concern.

Client understands that the Company cannot guarantee that an individual will not experience an allergic reaction or sensitivity to a product.

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4. BALLOON SAFETY

Client acknowledges that balloons and balloon materials may present risks, particularly to young children and individuals with latex allergies.

Deflated or broken balloons and small balloon pieces may constitute a choking hazard.

Client agrees to keep balloons and balloon debris away from young children and agrees that parents or guardians are responsible for supervising children around balloons.

The Company shall not be responsible for injuries or damages arising from the improper handling, misuse, intentional popping, chewing, swallowing, or other inappropriate use of balloons by guests or attendees.

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5. EVENT SITE AND CONDITIONS

Client is responsible for providing a reasonably safe, suitable, and accessible area for the Company to perform its services.

Client shall notify the Company before the event of any known hazards, unusual conditions, restrictions, construction, animals, hazardous materials, or other circumstances that could reasonably affect the safety of Company personnel or guests.

The Company reserves the right to refuse or modify services when conditions at the event location are unsafe.

For outdoor events, the Client acknowledges that weather conditions, including extreme heat, rain, wind, lightning, storms, or other hazardous conditions, may affect the Company's ability to safely perform services.

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6. RELEASE OF LIABILITY

To the fullest extent permitted by applicable law, Client agrees to release and hold harmless the Company, its owners, employees, independent contractors, entertainers, assistants, agents, and representatives from claims, demands, damages, losses, liabilities, costs, and expenses arising from or related to the inherent risks of the entertainment services or the acts or omissions of event attendees, guests, parents, guardians, vendors, or other third parties.

This release does not apply to liability that cannot lawfully be waived or released under applicable law, including liability arising from the Company's gross negligence, willful misconduct, or intentional acts where such liability may not legally be excluded.

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7. THIRD-PARTY CONDUCT

The Company is not responsible for injuries, damages, losses, or incidents caused by the actions or omissions of guests, attendees, venue personnel, event vendors, contractors, pets, children, or other third parties.

Client agrees to promptly notify the Company of any unsafe conduct or condition that could reasonably affect the Company's personnel or services.

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8. PROPERTY DAMAGE

Client acknowledges that entertainment services may take place in environments containing personal property, furniture, decorations, flooring, walls, landscaping, or other items belonging to the Client, venue, or third parties.

Client is responsible for identifying and protecting fragile, valuable, or otherwise sensitive property located near the entertainment area.

The Company shall not be responsible for ordinary wear, staining, damage, or loss caused by guests, attendees, venue personnel, or other third parties.

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9. MEDICAL EMERGENCIES

In the event of an accident, injury, allergic reaction, or other medical emergency involving a guest or attendee, the Company may take reasonable steps to obtain emergency assistance, including contacting emergency medical services when appropriate.

The Company is not responsible for the medical expenses, treatment, diagnosis, or outcome associated with any injury, illness, allergic reaction, or medical emergency involving a guest or attendee.

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10. CLIENT ACKNOWLEDGMENT

By signing the Service Agreement, Client confirms that:

1. Client has read and understands this Waiver;

2. Client understands the nature of the entertainment services being provided;

3. Client understands that certain risks are inherent in event entertainment activities;

4. Client agrees to communicate applicable safety information to parents, guardians, guests, and event personnel;

5. Client agrees to provide a reasonably safe performance environment; and

6. Client voluntarily accepts the responsibilities described in this Waiver.​

 

11. NO WAIVER OF NON-WAIVABLE RIGHTS

Nothing in this Waiver is intended to waive, release, or limit any right or claim that cannot legally be waived, released, or limited under applicable federal, state, or local law.

If any provision of this Waiver is determined to be invalid or unenforceable, the remaining provisions shall remain in full force and effect to the fullest extent permitted by law.

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12. INCORPORATION INTO SERVICE AGREEMENT

This Waiver is incorporated into and made part of the Company's Service Agreement. In the event of a conflict between this Waiver and another provision of the Service Agreement, the provision providing the greater protection to the Company shall apply to the fullest extent permitted by applicable law.

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