Event Services Terms & Conditions

HAH will provide the entertainment services described in the applicable proposal.

Depending on the selected package, services may include:

• Professional comedians performing at a designated golf hole or event location
• Golf heckling and interactive comedy
• Pre-tournament or event MC services
• Sponsor recognition and announcements
• Personalized or Custom Roasts
• Fundraising activities or games
• Photography, audio recording and video recording
• Edited video or other media deliverables
• Equipment, canopy, sound system, cameras and related production equipment
• Other services or add-ons specifically identified in the proposal

Only services specifically included in the accepted proposal are included in the agreed price.

Material changes to the event, performance schedule, location, scope, duration, number of performers or requested deliverables may require additional fees.

Unless otherwise stated in the proposal:

25% of the total event price is due upon booking as the Booking Deposit.

The Booking Deposit reserves the event date and is applied toward the total contract price.

The remaining 75% is due no later than seven calendar days before the event.

HAH is not required to perform if the event balance has not been paid when due.

Any additional services, approved overtime, travel expenses, replacement costs or other charges incurred after final payment may be invoiced separately.

The Booking Deposit is nonrefundable except where expressly provided in these Terms or agreed by HAH in writing.

If Client cancels the event for reasons other than an applicable Force Majeure Event:

More than 30 days before the event: The Booking Deposit is retained by HAH. No additional event fee is due.

15–30 days before the event: 50% of the total contracted event price is due.

8–14 days before the event: 75% of the total contracted event price is due.

7 or fewer days before the event: 100% of the total contracted event price is due.

Any nonrefundable travel, lodging, transportation or third-party costs already incurred by HAH are also payable by Client.

HAH will make reasonable efforts to accommodate a Client-requested date change.

A rescheduled date is subject to performer availability.

If Client requests a reschedule at least 14 days before the scheduled event, amounts already paid may, at HAH’s discretion, be credited toward one replacement date occurring within 12 months of the original event.

Nonrefundable travel, lodging and third-party costs remain Client’s responsibility.

A rescheduling request made fewer than 14 days before the event may be treated as a cancellation unless HAH agrees otherwise in writing.

If HAH is unavailable on the requested replacement date, the applicable cancellation provisions will apply unless otherwise agreed.

Neither party will be considered in breach because performance becomes impossible or commercially impracticable due to circumstances beyond that party’s reasonable control, including severe weather, golf-course closure, natural disaster, wildfire, governmental order, epidemic, transportation shutdown, widespread travel disruption, civil disturbance or similar circumstances (“Force Majeure Event”).

The parties will first attempt in good faith to reschedule the event.

HAH may apply amounts already paid toward a mutually agreed replacement date.

Client remains responsible for nonrefundable travel, lodging and third-party expenses actually incurred by HAH.

If no replacement date can reasonably be agreed upon, the parties will determine an appropriate refund or credit after deduction of nonrecoverable expenses.

Ordinary rain, cold, heat or other weather that does not cause the venue or event organizer to cancel or materially prevent performance does not automatically constitute a Force Majeure Event.

Client is responsible for providing HAH with accurate and timely information reasonably necessary to perform the event.

Depending on the event, this may include:

• Event schedule and timeline
• Golfer or participant pairings
• Starting-hole assignments
• Sponsor information
• Names and titles for introductions
• Custom Roast information
• Venue rules
• Event contact information
• Appropriate setup location
• Access to the performance area
• Parking and load-in information
• Golf-cart or equipment transportation when agreed
• Tables, chairs, electricity or other items specifically assigned to Client
• Required credentials or venue access
• Emergency or day-of contacts

HAH is not responsible for reduced performance time, incomplete preparation or other consequences resulting from Client’s failure to provide required information or access on time.

Client represents that it has authority to retain HAH for the event or has obtained authorization from the person or organization that does.

Client is responsible for confirming that the venue permits the activities requested from HAH, including as applicable:

• Live comedy
• Amplified sound
• Canopies or temporary equipment
• Photography
• Audio recording
• Video recording
• Golf-related activities
• Fundraising activities
• Sponsor activations

Client will disclose applicable venue rules to HAH before the event.

HAH will reasonably cooperate with venue requirements communicated in advance.

Client understands that HAH provides live comedy, improvisation, roast-style entertainment and golfer or participant heckling.

The service is intentionally interactive and may involve jokes about golf swings, appearance, clothing, playing ability, behavior, teammates and other subjects appropriate to the agreed comedy level.

HAH will use commercially reasonable efforts to honor content restrictions and prohibited subjects communicated by Client before the event.

Client acknowledges that comedy is subjective and that HAH cannot guarantee that every joke or interaction will appeal to every participant.

Nothing in this section authorizes unlawful discrimination, defamatory statements, intentional misconduct or other conduct prohibited by law.

Client and HAH may agree before the event on an appropriate comedy level, such as clean, PG, PG-13, adult or other event-specific guidelines.

Client should identify sensitive subjects, protected participants, VIPs or individuals who should not be targeted.

HAH may independently decline to use material that HAH reasonably believes is inappropriate, unlawful, unsafe or inconsistent with the event.

When Client or an event participant supplies HAH with photographs, names, stories, jokes, background information or other material for a Custom Roast or other personalized performance, the person supplying the material represents that:

1. The information is provided lawfully;
2. The person has the right to provide the photographs or other materials;
3. The information is not knowingly false or misleading;
4. The material does not knowingly violate another person’s copyright, privacy or other legal rights; and
5. The person has not intentionally supplied confidential, unlawfully obtained or prohibited material.

HAH may refuse to use any submitted material in its discretion.

Submission of material does not guarantee that HAH will use all or any portion of that material.

Client understands that HAH may use cameras, microphones and other recording equipment in connection with its services.

Client authorizes HAH to photograph and record the portions of the event and venue that Client has authority to make available for that purpose.

Client is responsible for obtaining any required authorization from the venue.

Client will reasonably cooperate with HAH in notifying event participants that photography, audio recording and video recording may occur.

Where participant consent or a participant media release is legally required for Client’s intended use or HAH’s intended promotional use, Client will reasonably cooperate with HAH in obtaining that consent.

HAH may also post recording notices at the performance area and provide participants with a reasonable method to notify HAH that they do not wish to be individually recorded.

If an individual informs HAH that the individual does not wish to be recorded, HAH will use reasonable efforts to avoid intentionally recording that individual and to exclude identifiable footage of that individual from HAH promotional content.

Nothing in this Agreement grants Client authority to consent to another individual’s commercial use of name, voice, image or likeness where that individual’s consent is legally required.

Unless the proposal expressly states otherwise, HAH owns the photographs, video footage, audio recordings and production files created by HAH or its contractors during the event.

If Client purchases edited video, photographs or other media deliverables, Client receives a nonexclusive license to use the delivered materials for its own organizational, promotional and social-media purposes unless otherwise stated in the proposal.

Raw footage, project files and unused recordings are not included unless specifically identified as a deliverable.

Subject to applicable law and required participant permissions, HAH may use recordings from the event for:

• HAH’s website
• Social media
• Advertising
• Sales presentations
• Demo reels
• Portfolio materials
• Promotional videos
• Case studies
• Other promotion of HAH services

HAH will honor documented participant opt-outs and other media restrictions communicated to HAH.

HAH retains all rights in the Hire A Heckler name, trademarks, branding, logos, business methods, event concepts, scripts, graphics, websites, promotional materials and other proprietary material.

HAH comedians retain ownership of their preexisting and independently created comedic material.

No ownership rights are transferred to Client except for the limited rights expressly stated in the Agreement.

HAH may pause, modify or terminate a performance or activity if HAH reasonably believes conditions are unsafe.

Examples include:

• Threatening or violent behavior
• Dangerous intoxication
• Unsafe operation of golf carts or equipment
• Repeated interference with HAH equipment
• Dangerous weather
• Unsafe venue conditions
• Harassment of performers
• Instructions that would violate law or venue rules

Termination for material safety concerns caused by Client, attendees or the venue does not entitle Client to a refund.

Golf and event activities involve inherent risks, including golf balls, clubs, carts, uneven terrain, weather and interaction with other participants.

HAH does not operate or control the golf course and is not responsible for conditions maintained by the venue or course operator.

If a HAH performer participates in a golf-related activity, such participation is entertainment unless expressly stated otherwise.

HAH does not guarantee the result of any golf shot, contest, fundraising activity or participant interaction.

Client is retaining HAH to provide the services described in the proposal and not necessarily the personal services of a particular performer unless the proposal expressly guarantees a named performer.

If a scheduled performer becomes unavailable due to illness, emergency, travel interruption or other reasonable circumstance, HAH may substitute another qualified performer.

HAH will use reasonable efforts to maintain the agreed level and style of service.

HAH will make reasonable efforts to accommodate normal event delays.

If Client or the venue materially delays the agreed performance schedule, HAH does not guarantee that services can continue beyond the contracted period.

Additional performance time requested by Client may be subject to additional charges and performer availability.

HAH will maintain insurance that HAH reasonably determines appropriate for its business and services.

If Client or a venue requires a Certificate of Insurance, additional insured status or specific insurance limits, Client must provide those requirements sufficiently in advance of the event.

Any additional premium, endorsement charge or other insurance expense required solely by Client or the venue may be charged to Client with Client’s approval.

HAH is an independent contractor and not an employee, partner, joint venturer or agent of Client.

Neither party has authority to bind the other except as expressly provided in writing.

HAH controls the manner and means by which its entertainment services are performed, subject to the agreed event requirements, safety rules and venue restrictions.

HAH may use performers, editors, camera operators, production personnel or other contractors to assist in providing the services.

HAH remains responsible for coordinating the services that HAH has agreed to provide.

HAH is not responsible for independent vendors selected and hired directly by Client.

To the fullest extent permitted by law, Client will indemnify and hold harmless HAH and its owners, performers, contractors and representatives from third-party claims, damages, liabilities and reasonable legal costs to the extent arising from:

• Client’s breach of the Agreement;
• Client-provided or participant-provided information or materials;
• Client’s failure to obtain required venue permissions;
• Client’s failure to obtain participant permissions that Client agreed or was legally required to obtain;
• Unsafe venue conditions not caused by HAH;
• Acts or omissions of Client, the venue, Client’s vendors or event attendees; or
• Instructions given to HAH by Client that violate another person’s rights or applicable law.

HAH will indemnify Client from third-party claims to the extent directly caused by HAH’s negligence, willful misconduct or material breach of the Agreement.

Neither party is required to indemnify the other for liability caused by the other party’s own negligence, willful misconduct or violation of law.

TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE TO THE OTHER FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS OR LOST BUSINESS OPPORTUNITIES, ARISING FROM THE AGREEMENT.

EXCEPT FOR PAYMENT OBLIGATIONS, INDEMNIFICATION OBLIGATIONS, FRAUD, WILLFUL MISCONDUCT, OR OTHER LIABILITY THAT CANNOT LAWFULLY BE LIMITED, HAH’S AGGREGATE LIABILITY ARISING FROM AN EVENT WILL NOT EXCEED THE TOTAL FEES PAID OR PAYABLE TO HAH FOR THAT EVENT.

Nothing in these Terms is intended to waive or limit liability that cannot lawfully be waived or limited.

HAH provides entertainment services.

HAH does not guarantee:

• A particular fundraising amount
• Event attendance
• Sponsorship revenue
• Participant purchases
• Media engagement
• Social-media performance
• Golfer satisfaction
• Particular participant reactions
• Any other financial or business result

Each party will use reasonable care to protect nonpublic confidential information received from the other in connection with the event.

This does not restrict information that:

• Is publicly available;
• Was already lawfully known;
• Is independently developed;
• Is received lawfully from another source; or
• Must be disclosed by law.

HAH may use general knowledge and experience gained through performing events so long as HAH does not disclose Client’s protected confidential information.

The parties will first attempt in good faith to resolve any dispute informally.

Before filing a lawsuit, a party will provide written notice describing the dispute and allow at least 10 business days for the parties to attempt resolution, unless emergency relief is reasonably necessary.

The Agreement is governed by the laws of the State of California without regard to conflict-of-law principles.

Unless applicable law requires otherwise, any court proceeding relating to the Agreement will be brought in a state or federal court having jurisdiction in Orange County, California.

In a legal action arising from the Agreement, the prevailing party may recover reasonable attorneys’ fees and costs to the extent permitted by law.

The parties agree that the Agreement may be entered into electronically.

Electronic acceptance, electronic signatures and electronic records will be treated as originals to the extent permitted by applicable law.

Client’s electronic acceptance of a proposal containing a clear reference to these Terms constitutes acceptance of these Terms.

If there is a direct conflict between these Terms and a specific provision in an accepted proposal, the specific provision in the proposal controls for that event.

Any modification to these Terms for a particular event must be agreed to in writing.

The accepted proposal, these Terms and any written addendum expressly incorporated into the proposal constitute the complete agreement between HAH and Client concerning the event.

They supersede prior discussions, emails, messages and representations concerning the same subject matter.

If any portion of the Agreement is determined to be invalid or unenforceable, that provision will be enforced to the maximum extent permitted by law and the remaining provisions will remain in effect.

A party’s failure to enforce a provision of the Agreement on one occasion does not waive the right to enforce that provision later.

Client may not transfer the Agreement to another person or organization without HAH’s written consent.

HAH may assign the Agreement in connection with a reorganization, incorporation, formation of an LLC, sale of the business or transfer of substantially all HAH assets.

The version of these Terms identified in Client’s accepted proposal governs that event.

HAH may update its Terms for future bookings, but later website changes do not automatically modify the version already accepted by Client unless both parties agree in writing.

Questions regarding these Terms or an event booking may be directed to Hire A Heckler using the contact information provided in the applicable proposal or through HireAHeckler.com.