Terms and Conditions

Kinetic Entertainment LLC

1. Acceptance of Terms

By booking services with Kinetic Entertainment LLC (“Company”), the individual or entity booking the event (“Client”) confirms they have read, understood, and agreed to be bound by these Terms and Conditions. This agreement is legally binding and governs all services provided by the Company.

2. Assumption of Risk and Release of Liability

By engaging the Company’s services, the Client and all event attendees (“Guests”) voluntarily assume all inherent risks associated with fire, entertainment, character entertainment, and stage combat, including but not limited to injury, burns, death, or property damage.

To the fullest extent permitted by law, the Client agrees to indemnify, defend, and hold harmless the Company, including its owners, agents, contractors, employees, and performers, from any claims, demands, losses, liabilities, damages, or legal expenses arising out of or related to:

 - Damage to real or personal property

 - Unsafe or hazardous venue conditions (including weather or terrain)

 - Guest misconduct, intoxication, or negligence

 - Failure to comply with local fire codes, permits, or legal requirements

 - Any actions or omissions by the Client or Guests

 - Personal injury or death to the Client or Guests

Nothing in this agreement shall exclude or limit liability for gross negligence, willful misconduct, or any liability that cannot be waived under applicable law.

3. Performer Status

All performers affiliated with the Company are independent contractors. While the Company coordinates and provides performers, it shall not be liable for their independent actions or omissions except as required by law or as explicitly stated in this agreement.

4. Booking Details & Changes

All event details, including date, time, location, duration, number of performers, and rates, are subject to availability and may be reasonably adjusted with notice to the Client.

5. Refund & Rescheduling Policy

A. Client Cancellations

 - Cancellations made at least 72 hours prior to the scheduled event are eligible for a full refund or rescheduling, subject to availability.

 - Cancellations made less than 72 hours prior may be eligible for partial refund or rescheduling at the Company’s discretion, based on circumstances and costs incurred.

B. Weather, Illness, and Emergencies

Events affected by unsafe weather, performer illness, or emergencies (including force majeure events) may be rescheduled or refunded. The Company will make reasonable, good-faith efforts to accommodate the Client.

C. Non-Refundable Circumstances

No refunds will be issued:

 - After the event or service has been completed

 - If cancellation is due to the guest's misconduct or unsafe behavior

 - If the venue fails to meet safety or permit requirements

 - If payment terms are not met

 - If the event is canceled on-site due to unsafe or non-compliant conditions

6. Booking Confirmation & Payment Terms

 A booking is not confirmed until payment (or agreed deposit) is received.

 Full payment is required:

- At least 24 hours prior to the event for electronic or non-cash payments

- Immediately upon arrival for cash payments, unless otherwise agreed in writing.

Failure to meet payment deadlines may result in cancellation without refund.

7. Weather Conditions

For safety, fire performances may be postponed or rescheduled under the following conditions:

 - Rain or thunderstorms

 - Wind speeds exceeding 10 mph

 - Any environment deemed unsafe by the performers.

8. Performance Space Requirements

Fire performances require an outdoor, flat, stable area of at least 10 feet by 10 feet. Indoor locations must be clear of flammable materials and have a designated 10-foot by 10-foot area. Indoor locations are subject to approval prior to the booking date. The performance area must:

- Be clear of flammable materials and debris

- Be free of Guests and obstructions

- Be designated and secured as a fire-safe zone.

If the site is non-compliant, the Company may attempt reasonable adjustments. If compliance cannot be achieved, the performance will be canceled.

9. Guest Conduct

The Company reserves the right to immediately cease performance and leave the premises if:

 - Guests are excessively intoxicated

 - Guests interfere with performers or safety protocols

 - Guests pose a safety risk

 - The performance space does not or no longer meets the above requirements [Section 8]

 - The location or event is deemed unsafe at any point in time

No refunds will be issued in such cases

10. Permits & Legal Compliance

For public or non-private events, the Client is responsible for:

 - Obtaining all required fire permits and approvals

 - Confirming venue authorization for open flame performances

 - Providing proof of permits at least 72 hours prior to the event

Failure to comply may result in cancellation.

11. Photography, Video, and Media Use

The Client grants the Company the right to capture and use photographs, video, and audio recordings of the event for promotional and commercial purposes, including use on websites, social media, and marketing materials. No compensation will be provided for such use. Guests may be included in the media. If individuals require privacy (e.g., foster children or protected persons), the Client must notify the Company in advance and upon arrival. Reasonable accommodations will be made when possible.

12. Force Majeure

The Company is not liable for delays or failure to perform due to causes beyond its reasonable control, including but not limited to natural disasters, acts of God, government actions, civil unrest, state-issued burn bans, pandemics, labor disputes, or performer injury. In the event of performer(s) illness or injury, the Company will work with the Client to assign another performer, reschedule the booking to a later date, or refund the booking.

13. Governing Law and Jurisdiction

This agreement shall be governed by the laws of the state in which the event is held or, if unspecified, the laws of North Carolina. Any disputes shall be resolved in the appropriate courts of that jurisdiction.

14. Severability

If any provision of this agreement is found invalid or unenforceable, the remaining provisions shall remain in full force and effect.

15. Entire Agreement

This agreement constitutes the entire understanding between the parties and supersedes all prior agreements, discussions, or agreements, whether written or verbal.

16. Acknowledgment

By submitting payment or confirming a booking, the Client acknowledges that they:

 - Have read and agreed to these Terms and Conditions;

 - Have the authority to enter into this agreement;

 - Accept responsibility for event safety, compliance, and Guest conduct.