Terms and Conditions

Legal Agreement between User and www.SantaVisitsUSA.com

Welcome to www.SantaVisitsUSA.com.

LIFETIME MEMBERSHIP for FAMILIES, BUSINESSES and HOLIDAY PERFORMERS is FREE!

NO REQUIREMENT OR OBLIGATION TO MAKE ANY PURCHASE.

The www.SantaVisitsUSA.com website (the “Site”) is comprised of various web pages operated by American Events & Promotions, Santa Visits USA, Professional Santa Claus School (“AEP / SVU / PSCS”). www.SantaVisitsUSA.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of www.SantaVisitsUSA.com constitutes your agreement to all such Terms. Please read these terms carefully and keep a copy of them for your reference.

www.SantaVisitsUSA.com  is an:

E-Commerce Site for Clients (Private Families, Businesses and National Promotions)

AND an Educational, Career Resource, and Place to Promote services website for Professional Level Performers.

American Events, a leader in the holiday events/Santa/Easter Bunny/Photo Industry, has been in operations since 1983…

SVU ASSISTS CLIENTS in FINDING & SECURING ENTERTAINERS

Assisting National & Local Businesses and Private/Family Clients secure the highest quality, professional performers for all types of events, on all levels, all across North America and Internationally.
Making shopping for, selecting and working with Entertainers / Performers easy, rewarding and ethical.

All performers have been through rigorous trainings as well as verified to carry General Liability Insurance and have had annual national background checks prior to the start of each season. Please ask as many questions as desired about with your performer to determine all details, including talents, trip charges, lodging/travel, appearance/costuming, etc. to validate you have selected the appropriate Performer.

SVU provides EDUCATIONAL PROGRAMS and CAREER SUPPORT services for Holiday Performers.
100% committed to embracing, pioneering and sharing resources and support for the ever-changing needs of Holiday Entertainers.

Offering FREE and TUITION based;

Seminars, Conferences, Online Study courses and private consultations.;

CPS- CERTIFIED PROFESSIONAL SANTAS & MRS. CLAUSES

POLES – How to take your Holiday Performer Business VIRTUAL

POLES II Advanced VIRTUAL training

BABS – BE A BETTER SANTA

ESP – ELITE SANTA PERFORMERS/PLACEMENT

CONTINUING EDUCATION – LIVE SEMINARS

STORYTIME – VIRTUAL BOOKINGS (Santas, Mrs., Elves, Characters)

PRIVATE CONSULTATIONS – One-on-One focused meetings targeted to each performer.

Offering access to all performers to

GENERAL LIABILITY INSURANCE with Abuse & Molestation coverage

and FCRA compliant national BACKGROUND CHECKS.

NOTE: Not all educational programs may be appropriate for all performers, at the current stage of their career. We welcome your call to our office to discuss which programs courses would best benefit your career progression. Each of the courses, taken in progression, will assist Performers to grown and increase knowledge, skills, tools and business success.

MARKETING PROGRAMS & PUBLIC ENTERTAINMENT

– My Santa Reports (Marketing Program for Performers – 8-week Family Christmas Entertainment)
–   Storytime (Marketing Program for Performers – 8 week Family Christmas Entertainment)

–  CPS Certified Professional Santas & Mrs. Clauses (Marketing Program for Performers – Public booking site)
– ESP Elite Santa/Mrs. Placement (Marketing Program for Elite Performers – Elite Client booking site)

BOOKINGS (Agency style) SERVICES.

SVU/AEP provides numerous platforms of Showcasing / Offerings / Placement of Entertainers to Corporate, National and Private Clients. (CPS & ESP) as well as directly contacting AEP for your need of Performers.

Providing Santas/Mrs. Clauses, Characters for; Photo Studios, Large National Promotions, Luxury Resorts, Civic Events, Home Visits, Corporate Parties, Seasonal Mall promotions, HOA’s, Schools, and custom events.

Privacy

Your use of www.SantaVisitsUSA.com is subject to AEP / SVU / PSCS’s Privacy Policy.

PRIVACY OF FAMILIES PARTICIPATING IN CHILDREN’S PROGRAMS

My Santa Reports  & North Pole Storytime & Easter Storytime & Storytime

Children’s programs such as My Santa Reports and Storytime require the initial sign-up by an adult over the age of 18 for participating children. We request ADULT/PARENT name, email and city and state. We never collect information about your children. All information gathered is and remains confidential. Santa Visits USA / American Events will use this information to alert users of other fun programs or when Santa Visits USA / Storytime reopens each season. Parents may, on a secured site, give performers more information so performers may do VIRTUAL VISITS or PERSONALIZED MESSAGES for children. This information is used solely for purposes of doing VIRTUAL VISITS / MESSAGES. Child information is not stored nor shared in any manner with any outside, marketing or 3rd parties. Parents may set up an account for their children in Santa’s 8 week GOOD BEHAVIOR PROGRAM – MY SANTA REPORTS. Parents may supply the FIRST NAME of their child. No other personal information is requested or required. MY SANTA REPORTS is wholesome family entertainment for ages 2-11, set up so parents supervise their children’s participation.

PRIVACY OF CLIENTS BOOKING PERFORMERS

AEP/SVU in efforts to fulfill your request for top rate, professional performers does collect minimal information such as the date, location and details of your event, so we can match you to an available Performer who best suits your needs. We are unable to research, connect you and provide Performers without this information. This information is used solely for purposes of fulfilling your request for entertainment. AEP/SVU will use your contact information (email and phone) to work with you in setting up your Performer agreement. Once agreement has been reached, your information will be shared soley with the Performer of your choice. Event information is not stored nor shared in any manner with any outside, marketing or 3rd parties, beyond potential Performers meeting your request.

PRIVACY OF PERFORMER INFORMATION

AEP/SVU/PSCS will collect certain information (name, email, city, state, country and phone) necessary to assist you in joining into available resources on SVU, educational sessions, booking opportunities and other programs you elect to take part in. Basic information is collected as part of your FREE NATIONAL MEMBERSHIP so we may contact you with services provided to members. We need your name, location, email and phone to contact you with available jobs for which you may be able to provide services. To list your services to the public, clients wanting to book performers and elite talent buyers, your photo and location may be shared on your website listing of your services. This location and photo is shared only with client’s searching for a qualified Performer.  Information such as your email, name and phone number are never made publicly available. Once we have confirmed you wish to fulfill a contract offering, AEP/SVU will connect you to a client, you will receive client contact information, as they will receive yours. Your information is never shared with 3rd parties beyond AEP?SVU, nor is your information ever sold to marketing firms.

Electronic Communications

Visiting www.SantaVisitsUSA.com or sending emails to AEP / SVU / PSCS constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Your Account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that AEP / SVU / PSCS is not responsible for third party access to your account that results from theft or misappropriation of your account. AEP / SVU / PSCS and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

Updating your Membership Information

FAMILIES & BUSINESSES

Santa Visits USA cannot inform you when fun family programs such as MY SANTA REPORTS and NORTH POLE STORYTIME reopen each season if your email changes. We collect no other information from you. Don’t miss out on these FREE programs for your children. UPDATE YOUR EMAIL (or create a new account!)

 

Updating your Membership Information

HOLIDAY PERFORMERS:

Holiday Performers are responsible to UPDATE YOUR ACCOUNT PROFILE when information changes.

This includes: EMAIL- PHONE- ADDRESS

You may lose access to courses you have enrolled in if your confirmation email for log in changes.

AEP/SVU is unable to forward paid booking requests if we cannot reach you via phone and email.

AEP/SVU is unable to make payment if your address or contact information has changed.

Children Under Eighteen

AEP / SVU / PSCS does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.SantaVisitsUSA.com only with permission of a parent or guardian. Children at times will log into this site looking to contact Santa or The Easter Bunny. We respond to all requests and booking arrangements. We ask parents to please supervise their children in accessing SantaVisitsUSA.com. If your child used your credit card to arrange a booking with a Performer, please contact our offices immediately.

Cancellation/Refund Policy

 

ENTERTAINMENT BOOKINGS WITH CLIENTS:

CLIENTS ARRANGING PERFORMERS –

CONTRACTS FOR ENTERTAINMENT SERVICES / APPEARANCES…

Please carefully review your contract before signing. Please refer to your contract for all details related to cancellations. Retainers are not refundable. Deposits on tangible services (decor, photo frames, etc.) not yet provided, may be refundable. AEP/SVU is always open to discussions of rescheduling options with our clients.

Rescheduling a client event is always at the option and availability of the Performer, often out of the control of AEP/SVU.

VIRTUAL VISITS & PERSONALIZED MESSAGES

All payments for VIRTUAL VISITS & MESSAGES booked via Storytime on SVU are NON-REFUNDABLE.

We are happy to reschedule your visit if desired.

HOLIDAY PERFORMERS / EDUCATION on Santa Visits USA:

National Membership for Santas, Mrs. Clauses, Characters is FREE for LIFETIME. No refund is available.
TUITION for the various courses and seminars is NON-REFUNDABLE/NOT TRANSFERABLE if you have begun the course.

TUITION for CONFERENCES is NON-REFUNDABLE and NOT TRANSFERABLE.

SCHOLARSHIP AWARDS are NON-REFUNDABLE and NOT TRANSFERABLE.

If you have not begun the online course program/seminar, (BABS, POLES) please call the AEP/SVU/PSCS offices to commute your tuition into another educational program. We are glad to personally assist you.

EDUCATIONAL PROGRAMS may NOT be shared with other performers not enrolled in the course.

IPS addresses of log ins are recorded. Any discovery of sharing unauthorized/unpaid access to educational programs will necessitate immediate removal of your account and restriction from future access to the site.

 

HOLIDAY PERFORMERS

Santa Visits USA is a website open to ALL Holiday Performers; New Santas, Experienced Santas, Mrs. Clauses, Elves and “gonna-bees”! All races, religions, nationalities, political parties and preference of cookie flavor are welcome! Participating in courses, seminars or programs includes full agreement with all terms and conditions.

The goal of Santa Visits USA is to support holiday performers in all aspects of your career; Education, Resources, Networking, Tools such as Background Checks and Insurance, Marketing programs for increasing your client base, automating the virtual side of your business, promoting your business – locally, nationally and internationally and securing /acquiring bookings for you.

You are welcome at any time to contact American Events / Santa Visits USA / Pro Santa Claus School with questions or comments! We enjoy and encourage your active participation in your membership!! Our offices are on MOUNTAIN TIME. Call!

Membership in Santa Visits USA (SVU) is FREE! Open to all Men and Women, races, creeds, etc,. in the Holiday Performer industry (in good standing; clean background check, etc.)

Holiday Performers who are SVU Members, with completed Account Profiles and accurate, updated contact information, will be contacted via phone or email, when clients requesting appearance / event offerings that are suited to your profile outline, service area, talents and other elements requested by client. Background check and any required insurance must be current prior to finalization of any agreement.

If you “opt out” of the SVU email notifications, you will no longer get alerts for job offerings, new programs, free offers, seminars, etc.

Once you “opt out” we cannot put that same email address back into the system to start up your notifications again!

Memberships gives performers access to unique offerings such as;

  • Annual General Liability Insurance Policy w/Abuse & Molestation coverage.
  • Discounted, National, FCRA Compliant Background Checks
  • Job offerings in your area (IF your profile is completed). Upgraded Performers (CPS/ESP Members) are showcased to clients first.
  • Early/Private notification for sign up to exclusive seminars.
  • Ongoing Education; LIVE, Conferences, Online Workshops & home study

are all available.

  • Special Member discounts on selected seminar offerings. Watch for emails!
  • FREE seminars offered at different times of the year. Be sure to check back and accept email updates from Santa Visits USA.
  • Custom designed Marketing tools and programs for holiday performers to increase clients & income.
  • Showcased to clients for booking appearances in North America & beyond.
  • Showcased to clients for International booking appearances.
  • Being promoted to Exclusive clients looking for Elite Santas for movies, commercials, printwork, special promotions, luxury resorts, etc.

Memberships may be UPGRADED at any time!

  • Different Memberships offer a variety of career boosting advantages and exclusive educational programs to grow and benefit your career and income.
  • Minimal fees may be associated with advanced membership levels.
  • National Santa Membership… Free for life.
  • Certified Professional Santas (CPS) Includes Business Seminars & national listing to clients from across North America. Business booking referrals to your business.
  • Elite Santa Placement (ESP) Includes personalized support to create your advanced promotional collateral. Includes a custom designed website. Includes showcasing your services to exclusive clients. . Business booking referrals to your business.
  • My Santa Reports (MSR) Includes your own website and annual database of new clients. Includes 200-450 of your clients receiving customized codes for membership in your website program. . Business booking referrals to your business.
  • North Pole Storytime automates the Virtual side of your holiday performer business. You get your own customized website along with specialized virtual education beyond POLES course. . Business booking referrals to your business.
  • New programs and courses may be added at any time.

 

Performer Educational Materials

  • Everyone is welcome select courses, seminars, packages or conferences they wish to participate in!! These are open to ALL! Some are FREE! Some are offered with a (tax-deductible) tuition fee, if applicable to your Performer.
  • Each course/program registration is for ONE, individual performer, unless otherwise listed to be shared with your Mrs. Claus or Santa or Elf.
  • Some courses may be attended with Santa & his Mrs. Claus joining in the same log-in from ONE device. Please ask if it is unclear sharing your course with another student. In most cases it is not allowed.
  • Some courses will have unlimited access, others you will be able to access the course for 90 days/3 months to complete the course. After the 90 days your access will be closed. If you need longer access for any reason, please contact American Events in writing BEFORE your educational term expires. We cannot extend your access if you contact us after the 90 days.
  • Private consultations associated with various courses can be set up directly as you work through the program. Please call in advance to schedule.
  • Private consultations associated with various courses MUST be used during your educational period and cannot be scheduled any time 30 days after you have completed the seminar or program.
  • Materials/sessions covered in these courses are copyrighted and may not be shared, copied, published or distributed without prior written approval of Susen Mesco/SantaVisitsUSA/Professional Santa Claus School. IP addresses are recorded when you log in, and linked to your account, thus sharing access to paid courses is not allowed.
  • Sharing access or educational materials will necessitate removing your account and all membership programs you have subscribed to, and will also result in legal expenses and financial damages payable to SVU/AEP/PSCS.
  • Participating in courses, seminars or programs includes full agreement with these terms and conditions.
  • All course registrations are NON-REFUNDABLE. If you have any difficulties in registering or accidentally register for the wrong seminar or program, please contact American Events immediately, BEFORE you begin the studies.

Guaranteed Results / Income

 

No specific amount or increase in income or success can be promised, stated or guaranteed by participation in any of AEP/SVU/PSCS courses or programs. Success and application of education is an individual achievement based up your attention to your business, commitment to the craft, God-given skills, time dedicated to learning and performing, continuing health, location of services provided and other factors. AEP/SVU is here to support you 100% on your individual journey. Give us a call or schedule a PRIVATE CONSULTATION to address your specific needs and goals to find out how we can best assist you.

PERFORMERS ACCEPTING ANY FORM OF BOOKINGS/CONTRACTS WITH AEP GENERATED / SVU CLIENTS

Agree to terms of individual contract for that event, and any commissions that may be included for services provided by AEP/SVU/PSCS in the construction, presentation and execution of the contract as well as payment terms outlined. And the following Statement of Understanding, which is automatically included as part of any contract signed;

STATEMENT OF UNDERSTANDING AGREEMENT

Event Industry Standards are the unwritten ethical / moral codes, followed by all professional entertainers, event planners, event planning companies, talent agencies & event producers in maintaining the quality of service, effective communications, reputation, and inspiration of clients to consistently re-book services. As part of my SVU Membership I agree to fully honor the following terms:

Communications with the event host/hostess in a timely & professional manner.

  • Provide all required pre-event paperwork: W-9, COI, Signed contract, Worker’s Comp or Waiver, etc.
  • LISTENING to the needs and desires of the host/hostess for their event. CALL AEP office with any issues.
  • Finding out from client: How can we best serve you? What accommodations can we provide for best results?
  • Performer agrees to arrive at least 15 minutes prior to start time of event.
  • Performer will discuss with client: Parking, break area is applicable and set-up of equipment & materials BEFORE guests arrive.
  • Performer will check in with hostess/client, prior to tear-down and/or preparing to leave.
  • Communicate immediately via PHONE, with AEP, any issues, problems, changes, etc.

On-Site behavior:

  • Reviewing services requested to prepare with ample professionalism and providing such as outlined in contract.
  • As will be appropriate per event format, Making the “rounds” to interact cheerfully with all guests.
  • Being FOCUSED on the SAFETY of all guests, especially the children.
  • Professional interaction with everyone; ethics, smiling, enthusiasm, gestures, language, posture…
  • Scheduled Use of restroom. NO on-site beverages other than water.
  • No use of Alcohol or tobacco prior to, on-site, during or in the presence of clients/guests.
  • Not eating on-site, (even IF INVITED), in the presence of guests… “Doggie bag” suggested!
  • Performer(s) will assume all responsibilities for services, as agreed to be provided in contract (lateness, non-appearance, omission of services, etc.) with requirement to repay damages to AEP/Client, IF all services are not provided by contractor/Performer or qualified sub-contractor, as outlined in signed agreement.

Post Event:

  • Provide ONLINE/RECAP about event to AEP for future planning and improvements.
  • Provide Invoice for payment of services.
  • Refrain from any social media posting of photos without the written permission of AEP/Client.
  • Refrain from discussions of event, contract details, compensation, client, host, guests with any entity other than AEP without client written permission.
  • Refrain from slanderous, libelous or other defamatory actions, posting, statements regarding AEP, Client or any entity in attendance or connection with event. Defamatory damages compensation will start at $15,000 payable by Performer for such actions.

The action(s) of one can & does affect the local or entire industry.

As an industry, Performers agree to;

  • Fully respect clients of other vendors/performers/agencies when performing services with or for them/their clients, as entertainers, service providers or substitutes.
  • Honestly refer back to original source (AEP/SVU) any/ALL bookings / spin-off bookings.
  • Demand fair & appropriate pricing, timely invoicing and payments. Not undercutting industry prices.
  • Not discuss price, contracts, inside details or any other privy client/event details with anyone but AEP
  • Nondisclosure, sharing or any abuse of AEP’s confidential information/trade secrets, etc.
  • Exhibit social and moral behavior. Refraining from use of drugs, alcohol before, during performance. Refraining from lude acts, gestures, language, jokes, etc.
  • Return any borrowed equipment, props or materials, in same condition, before final invoice is paid.
  • Hand out ONLY American Events sanctioned business cards to promote future events.
  • Not cross-promote other personal businesses (Santa services, Charities, MLM’s, etc.) to clients/guests/attendees, before, during, after events.
  • Respect property/venue, host, client, guests, event information, etc. Treat the host/hostess as royalty.
  • Not to compete in any way with AEP business clients, contacts or contract holders.
  • Not to provide any additional or continuing services for clients without AEP approval.
  • Respect all ownership, copyrights, trademarks, logos, recording/videotaping, & other rights.
  • Set an example for & with other entertainers/vendors for excellence in service to all clients.
  • Act and perform in all settings, with dignity and grace befitting our industry.
  • Not to use any professional performance as an expression platform for political/religious promotion

unless it is specifically appropriate and discussed and agreed, in advance, with AEP and the client/host.

  • Share some of our time and talents with those less fortunate- charities, schools, etc.
  • Avoid making negative comments, slander, liable about other Santas, AEP and our industry.
  • Advertise properly and appropriately for the dignity of all entertainers/vendors.
  • Hold myself to the highest public and private, moral and ethical standards.

Links to Third Party Sites/Third Party Services

www.SantaVisitsUSA.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of AEP / SVU / PSCS and AEP / SVU / PSCS is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. AEP / SVU / PSCS is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by AEP / SVU / PSCS of the site or any association with its operators.

Certain services made available via www.SantaVisitsUSA.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.SantaVisitsUSA.com domain, you hereby acknowledge and consent that AEP / SVU / PSCS may share such information and data with any third party with whom AEP / SVU / PSCS has a contractual relationship to provide the requested product, service or functionality on behalf of www.SantaVisitsUSA.com users and customers.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use www.SantaVisitsUSA.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to AEP / SVU / PSCS that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of AEP / SVU / PSCS or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto. Any discovery of sharing unauthorized/unpaid access to educational programs or copyrighted materials in any manner, will necessitate immediate removal of your account and restriction from future access to the site.

You will not share, modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. AEP / SVU / PSCS content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of AEP / SVU / PSCS and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of AEP / SVU / PSCS or our licensors except as expressly authorized by these Terms.

International Users

The Service is controlled, operated and administered by AEP / SVU / PSCS from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the AEP / SVU / PSCS Content accessed through www.SantaVisitsUSA.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless AEP / SVU / PSCS, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. AEP / SVU / PSCS reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with AEP / SVU / PSCS in asserting any available defenses.

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regard to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and AEP / SVU / PSCS agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. AMERICAN EVENTS & PROMOTIONS, SANTA VISITS USA, PROFESSIONAL SANTA CLAUS SCHOOL AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

AMERICAN EVENTS & PROMOTIONS, SANTA VISITS USA, PROFESSIONAL SANTA CLAUS SCHOOL AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. AMERICAN EVENTS & PROMOTIONS, SANTA VISITS USA, PROFESSIONAL SANTA CLAUS SCHOOL AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AMERICAN EVENTS & PROMOTIONS, SANTA VISITS USA, PROFESSIONAL SANTA CLAUS SCHOOL AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF AMERICAN EVENTS & PROMOTIONS, SANTA VISITS USA, PROFESSIONAL SANTA CLAUS SCHOOL OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/Access Restriction

AEP / SVU / PSCS reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. Membership for Performers is closely tied to MORAL BEHAVIOR and ETHICAL STANDARDS of the Holiday Performer Industry. This includes review of any unsavory, libelous or inappropriate SOCIAL MEDIA POSTS on any platform, Background Check reports, lapse in Insurance coverage or other critical factors so Holiday Performers. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Colorado and you hereby consent to the exclusive jurisdiction and venue of courts in Colorado in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and AEP / SVU / PSCS as a result of this agreement or use of the Site. AEP / SVU / PSCS’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of AEP / SVU / PSCS’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by AEP / SVU / PSCS with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and AEP / SVU / PSCS with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and AEP / SVU / PSCS with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

INTERNET CONNECTIONS / WEBSITE ISSUES

Santa Visits USA is NOT responsible for any internet connection issues. From time to time normal maintenance, updating and serving is done on the website by our professional team of developers. This may temporarily affect website usage. This usually is done on weekends or late nights and rarely lasts more than 2 days. You are welcome to SUBMIT A TICKET to our HELP DESK with any issues you may find during usage of the site. Response time is usually within 24-48 hours.

 

Changes to Terms

AEP / SVU / PSCS reserves the right, in its sole discretion, to change the Terms under which www.SantaVisitsUSA.com is offered. The most current version of the Terms will supersede all previous versions. AEP / SVU / PSCS encourages you to periodically review the Terms to stay informed of our updates.

 

Contact Us

AEP / SVU / PSCS welcomes your questions or comments regarding the Terms:

American Events & Promotions, Santa Visits USA, Professional Santa Claus School

1641 Parkside Circle  Lafayette, Colorado 80026-2947

Email Address:  [email protected]   [email protected]

Telephone number: 01-303-665-8280  (Mountain Time)

Effective as of April 28, 1999      Updated March 26, 2021