Welcome, this website is owned and operated by the Tim Mason Magic. These Terms set forth are the terms and conditions under which you may use our website and services as offered by Tim Mason Magic. This website offers visitors a magician for hire. By accessing or using the website or the services, you (the “Client”) approve that you have read, understood, and agree to be bound by the following terms and conditions.

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• Payment: Payment in full is due upon receiving the invoice and can be made through Electronic Funds Transfer or another payment method agreed upon with Tim Mason Magic. If full payment is not received within 14 days of the invoice being issued or 72 hours before the performance (whichever comes first), the agreement will become void.

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• Tentative Booking: A tentative booking is a booking for an enquired date that has not yet been confirmed. Please note that we can only hold a tentative booking for a maximum of 7 days without confirmation. If we do not receive confirmation within 7 days of the tentative booking, we will release the booking and the date will become available to other clients. Therefore, we encourage you to confirm your booking as soon as possible to secure your desired date.

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• Cancellation Policy: In the rare event of unforeseeable emergencies that prevent Tim Mason Magic from performing, the client will receive a full refund. If the Client cancels the performance, the following policies apply:

  • Full refund if written notice is received more than 30 days before the performance date.

  • Cancellation fee of $100 if written notice is received within 30 to 14 days (inclusive) of the performance date, with the remainder refunded.

  • 50% refund if written notice is received less than 14 days before the performance date.

  • No refund if the performance is cancelled within 7 days of the performance date.

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• Parking & Arrival: Where possible, the client will provide a parking space with direct access to the performance area for one (1) vehicle. The client will cover any parking expenses incurred by Tim Mason Magic to access the venue. Tim Mason Magic will arrive at least 20 minutes prior to the performance to set up.

 

• Recording & Photos of Performance: The Client and guests are welcome to take photos and videos for personal use, and if sharing, please tag @TimMasonMagic. However, recording the full show without written permission from Tim Mason Magic is strictly prohibited.

 

• Performance Space (Does not apply if hired for strolling magic):
  It is preferable that the performance space is indoors, with a minimum size of 3m wide and 2m deep, that is free from obstructions and has enough space in front for everyone to comfortably sit and watch. For optimal engagement, it is requested that the audience be seated during the performance, and food should not be served during this time.

1. (For children and family performances) Please note, Tim Mason Magic cannot supervise children during the performance. Therefore, it is required that at least one other adult remains in the performance space at all times.

2. (For corporate performances) If the audience exceeds 60 individuals, it is recommended that the stage reach a minimum height of 12 inches off the main floor with adequate access (I.e. stairs) from the audience to the stage.

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• Force Majeure: In the event of any circumstances beyond the reasonable control of either party, including but not limited to acts of God, epidemics, natural disasters, war, acts of terrorism, strikes, lockouts, or other industrial disputes, both parties will be released from their obligations under this agreement for the duration of the period in which such circumstances persist. In such an event, Tim Mason Magic will refund the client in full for any fees paid, and neither party shall be liable for any further damages or losses resulting from such circumstances.
   

Legal and Intellectual property:

 

• Liability and Damages:Tim Mason Magic will take all necessary precautions to ensure a safe and successful performance. However, Tim Mason Magic shall not be liable for any loss, damage, injury, or death arising from any act or omission by Tim Mason Magic, its employees, agents, or subcontractors. The client agrees to indemnify and hold Tim Mason Magic harmless from any and all claims, suits, actions, damages, liabilities, and expenses arising out of or in connection with the performance. In the event that Tim Mason Magic is found liable for any loss, damage, injury, or death arising from any act or omission by Tim Mason Magic, its employees, agents, or subcontractors, Tim Mason Magic's liability shall be limited to the amount of the fee paid by the client for the performance. The client acknowledges that this is a reasonable limitation on Tim Mason Magic's liability, and agrees to accept such limitation as a condition of this agreement. The client agrees to take all necessary steps to prevent any damage to the performance space, equipment, or materials used by Tim Mason Magic during the performance. The client shall be liable for any damage caused by the client or its guests to the performance space, equipment, or materials used by Tim Mason Magic during the performance.The client acknowledges that the performance may involve physical activity and interaction with audience members, and that there may be inherent risks associated with such activity and interaction. The client agrees to assume all such risks and to release Tim Mason Magic from any liability arising from such activity and interaction.

 

• Insurance: Tim Mason Magic warrants that all necessary steps have been taken to ensure that all agreed activities are covered by Public Liability Insurance, with an indemnity limit of $30million.
 The Client agrees that no demands will be made of Tim Mason Magic to undertake actions which would not be covered by such insurance.

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• Ownership of Intellectual Property: All intellectual property rights in any and all magic tricks, effects, and other elements of Tim Mason Magic's performances and workshops, including but not limited to any handouts, scripts, magic effects performed, magic effects taught, choreography, music, images, videos, and website content, shall be and remain the exclusive property of Tim Mason Magic. Clients acknowledge that all such intellectual property is protected by copyright, trademark, and other laws, and agree that they will not use, teach, reproduce, distribute, or create derivative works based on any of these elements without obtaining prior written permission from Tim Mason Magic.
  Clients may make copies of any handouts or other materials provided by Tim Mason Magic solely for personal use in connection with the performance or workshop for which they were provided. Any other use or distribution of these materials is strictly prohibited without prior written permission from Tim Mason Magic.
  Clients further agree that they will not assist or allow any third party to use or reproduce any of the magic tricks, effects, or other elements presented by Tim Mason Magic in any performance or workshop, whether for profit or not, without obtaining prior written permission from Tim Mason Magic.

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• Independent Contractor: Tim Mason Magic acknowledges that he shall perform his obligations hereunder as an independent contractor, and not as an employee of the Client. Tim Mason Magic further acknowledges that he is not on the Clients payroll. Tim Mason Magic shall have sole control and direction in the conduct of the Performance.

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• Permits: The Client warrants and represents that it has obtained any and all permits, approvals, licenses and variances necessary for the performance.

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• Entire Agreement: These terms and conditions, together with any additional documents or policies referenced herein, constitute the entire agreement between the parties and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties.

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• Governing Law: This agreement shall be governed by and construed in accordance with the laws of Victoria, Australia, without reference to conflict of law principals, notwithstanding mandatory rules.

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• Severability: If any provision of these terms and conditions is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.

 

• Modifications: Tim Mason Magic reserves the right to modify or revise these terms and conditions at any time, without prior notice. The most current version of the terms and conditions will supersede all previous versions.

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• Contact Us: Thank you for getting this far! If you have any questions about these terms and conditions, please contact us at info@timmasonmagic.com.