Thank you for your interest in Create; event entertainment services. With over 18years of experience in the event industry, we are experts in our field, providing you with only the best. Adding a touch of magic into all we do to ensure a successful and memorable event. As part of our service we handle all communication with performers or other suppliers, so you don’t have to. 

 

TERMS OF SERVICE:

Quotes:

  • Free consultation and quotation service via email and phone. Meetings in person prior to your event, hourly rates and travel fees will apply. Any custom design & concept work requested will be invoiced at an hourly fee. 
  • Based on the information you have given us and the assumptions set out in our standard terms, we estimate likely fees of each project.
  • Please note, our estimate is given in good faith. We may charge fees above our estimate if additional work is required that does not form part of it, or any of our assumptions prove to be incorrect. If this happens, we will advise you as soon as possible and obtain further instructions from you.

 

Agreement:

  • Unless you advise otherwise, we will assume you agree to the terms on this website upon confirmation of a booking. Please note that if you end our engagement, you will be liable for fees, disbursements and expenses incurred on your behalf up to the date of termination.

 

Cancellations and the weather fine print:

  • Services for consultancy, event planning and design work will be charged for in full whether or not the event goes ahead. Any material cost incurred for planning or preparation of an event will also be billed in full.
  • Our services proceed in all weather conditions. Services are suitable for both indoor and outdoor events with appropriate weather and shelter or event site provided by the client. In the instance of weather conditions unsuitable or unsafe for the public, we allow a change of location to an indoor or alternative venue in a similar travel radius at no additional cost. 
  • Our event cancellation policy is 50% non-refundable from the time of booking confirmation. In addition to our cancellation fee, materials costs, travel fees and costs already incurred for the booking may be added to this. Cancellations made within 48 hours of an event incur a 100% cancellation fee. Our entertainers are self-employed contractors and we block their time off for events while turning away other bookings. Our admin and event set-up costs are incurred from the time of booking to 48 hours prior to any event.
  • Bookings over Halloween, Christmas and New Years are non-refundable and no cancellations allowed under any circumstances (20th Oct – 5th Jan the following year). We have a no-cancellations, 100% payment policy due to being fully booked over the period.
  • In the unlikely event your artist is unavailable to work due to illness or other unforeseen circumstance the deposit and any paid balance will be refunded in full if a replacement face painter can not be arranged.
  • Please ensure there is suitable protective cover should the face painter be working outside (rain or sunshine). If arrangements (protection) against the elements are not made appropriately, then the Create artist reserves the right to cancel the booking arrangements and still will be liable for payment in full.
  • Rain dates: Only where agreed to by both parties in writing, in advance, a 25% re-booking fee will apply as our contractor’s won’t hold two dates, we will need to re-book a whole new team for bookings and liaise to manage changes to schedule.

 

Force Majeure event

  • Notwithstanding any other provision of this Agreement, non-performance by Create of any of its obligations under this Agreement will be excused, without liability for non-performance, during the time and to the extent that such performance is prevented, wholly or substantially, by a Force Majeure Event.
  • Force Majeure Event means any event or circumstance (whether arising from natural causes, human agency or otherwise) that is beyond the reasonable control of The Magic  Brush including (without limitation) strikes, lockouts or other labour disputes, epidemic, pandemic or quarantine restrictions, riot, civil commotion, fire, flood, drought, loss or delay at sea, breakdown or war (whether declared or not).
  • Performance of any obligation impacted by a Force Majeure Event will be resumed as soon as reasonably practicable after the termination or abatement of the Force Majeure Event. If, by reason of a Force Majeure Event, Create is unable to perform any material obligation under this Agreement for a period of 60 days after the occurrence of the Force Majeure Event, the Client may terminate the supply of Services by giving written notice to Create.
  • In that instance, costs already incurred will be billed to the client including but not limited to materials + costumes already purchased that would have been used at the events, work already done (prep hours), booking & liaising with contractors, contractor cancellation fees, client liaison,t business expenses already incurred, staff wages, rent, insurances, marketing events, HSE plans/ SSSP plans and any admin costs.

 

Late payment penalties:

  • Changes to invoice including late payments require a change to invoice and will incur a $50 admin fee per invoice amendment required. Late payment penalties – admin fee + 15% added each month or part of thereafter, accruing. All costs incurred in the recovery of overdue accounts will be added to the total amount owed. Cheques incur $20 processing fee, unless deposited into our bank account.

 

Payment terms:

  • Business bookings: 50% deposit required at the time of booking for bookings over $500 + gst. Balance due 14 days from invoice. On case-by-case basis and agreed in writing, we will allow payment due by 20th of following month prior to the time of booking. Cancellation fees apply as normal.
  • Private bookings need to be paid in full prior to the booking.
  • Any booking requests made less than 5 days before an event will incur a 50% deposit to check availability for our artists. This 50% deposit is paid with the understanding that should we find an available artist, the client will proceed with the booking by paying the additional 50% to make payment in full prior to the event. In the unlikely event, we are unsuccessful in finding the client an artist prior to your event, we will refund the deposit. If the client decides to book with another company after paying the deposit to us or cancels the booking before we find an artist, then the deposit will remain non-refundable. The deposit is non-refundable to recover our admin costs of contacting our large network of artists on your behalf at the last minute due to our busy events schedule. We 

appreciate your understanding in this matter.

 

Additional time & services on the day of the booking

  • Upon request, it is at the discretion of the artist whether they can work longer. Please be aware the artist  may have additional bookings to go to. Please let us know in advance if you wish to look at extending the time. 
  • For busy public events, we ask that the client provides a volunteer dedicated to assist with queue control so our artist can finish on time. We generally number the line 30mins-1hour prior to our finishing time and can accomodate approx 15 kids per hour, per artist.
  • Please be aware, if artist is to work extra time over, that same hourly rate applies for extra time booked. Minimum charge 30 minutes for extra time booked.  The artist is not responsible for quoting for extra time. If the event is not busy & the client chooses to send artist home before the agreed finishing time, there will be no refund, please refer to our cancellation policy.
  • Artists can paint around 10 – 12 quality full faces or 15 – 20 simple cheek/eye designs per hour. Please do not expect the artist to stay longer to accommodate more children over the time of the booking. Public events should have 2-4 artists booked at a minimum. We are happy to discuss volume & capacity at the time of booking.

 

Parking & Travel

  • If parking is unable to be provided, parking charges are additional and will be added to final invoices. 
  • For venues or private locations: Please leave a space open as close to the site as possible, or in the driveway, so the face painter/artist can unload heavy equipment. For permit located areas, please arrange for a car parking space for the artist.
  • Travel charges will apply for locations 15km+ from CBD and will be discussed at time of booking. 
  • Flights and accommodation and travel arrangement bookings are non-refundable once booked. Our fee to arrange is cost + 30% admin fee + gst.

 

Set-up:

  • The artist will start working at the time stated and leave at time stated. A setting up period and packing away period of 10mins  will be allowed for by the artist.
  • Client to provide 1x table and 2x chairs per face painter (2 can share a table). Please provide shelter from rain or sun / qazebo / tent or undercover ok.
  • Our quotes include artist costs and materials. Our quote will not include set-up of table, chairs, gazebos, queue systems, generator or access to power etc. We are able to arrange this with our supplier and provide for an additional fee. Rental fees, transportation costs and hourly rates will apply.

 

Breaks & Inductions: 

  • Any breaks or inductions that are mandatory are paid and charged out accordingly. Our team breaks are 10mins per 4 hour shift. 
  • 30min un-paid breaks will be offered to our team but not necessary as they will tag team a couple of shorter breaks through the day for bookings longer than 4hours. We will notify you if any team member would prefer an unpaid 30min meal break at the time of booking.

 

HSE: 

  • Children are required to be accompanied by an adult at all times. We only use EU & FDA Approved cosmetic grade face painting supplies, artists are not liable for allergic reactions to paints. 
  • Please request our HSE/ SSSP plan if you require further information

 

DISCLAIMER: ALL COSTUMED CHARACTERS ARE GENERIC/INSPIRED AND ARE NOT AFFILIATED, LICENSED OR ASSOCIATED WITH ANY CORPORATION OR TRADEMARK. It is not our intention to violate any copyright laws. The characters that we offer are NOT name brand copyrighted characters, and Characters for Hire, LLC. costumed characters are named of our own creation.

 

********************************************************************

 

 

WEBSITE TERMS OF USE:

Please note that all information you find on this website, or is shared with you via email or other means in response to your enquiry is commercially sensitive, confidential and our intellectual property. Our business would suffer loss if that information was used by you or disclosed  by you to someone else who used it. We reserve our legal rights in case of any loss we suffer.  In order to continue discussions with us about your event you agree that you (or anyone else in your organisation) will (unless we agree with you otherwise):

  1.   Not contact any of Create artists or other suppliers directly;
  2.   Not disclose or use any information we give you.

If you choose to keep working with us you are deemed to have accepted the above terms.   

 

These terms  set out the basis upon which you may use this website, information about  the copyright in this website and our privacy policy, which describes  what we do with personal information we collect from you and the ways in  which we may collect the information.

 

Access Terms

  • The purpose of this website is to provide information about Create.
  • Create is not responsible if you rely on any information you access on or through this website. Create is also not  responsible for information provided by third parties that you may  access on or through this website.
  • We do not warrant or  represent that our website will operate in a continuous or fault-free  basis, will be completely secure or private all of the time, or will be  free from viruses or other harmful features.  However, we do take  reasonable steps to avoid or mitigate these types of issues.
  • The laws of New Zealand apply to the use of this website, and you submit to the non-exclusive jurisdiction of the Courts of New Zealand.
  • If you continue to use our website you are deemed to have accepted these terms.

 

Copyright Statement

  • Create either owns the copyright in or has the right to  use all text and images published on this website, and its overall  design.  
  • You may not copy or use any information or material from this website (including for  commercial purposes) without the express written permission of  Create.
  • We only permit electronic links to  pages of this website from which these terms can be accessed. You may  not provide an electronic link to any other page of this website or to  any other documents hosted on this website without our consent.  We  reserve the right to request that you remove an electronic link to this  website at any time and you agree to remove such a link immediately.
  • Where access to restricted parts of this website is subject to more specific terms, those terms apply instead.
  • You agree not to make direct contract with any performers or suppliers  identified via our website.  If you wish to contact any of these parties  you must contact us in the first instance.

 

PRIVACY POLICY – Collection of information

  • We understand how important your personal information is and that we need to earn your trust, by being honest and transparent about what we do. It’s our job to ensure you really understand what information we collect from you, how we use it and how we keep it safe. We take our commitment to your privacy seriously.
  • We are committed to complying with privacy laws and standards. For information about the New Zealand Privacy Act 1993 and how it protects all personal information in New Zealand, click here.
  • We may collect information from you through your use of our website,  when you request information from us or engage our services.
  • By using any of our services, including our website, and providing us  with any personal information, you are consenting to the use of your  personal information as set out in this policy.  Please do not send us  any personal information if you do not want it to be used in this way.
  • A number of areas on our website invite you to provide us with personal  information.  For example your names and email address.  The purpose of  the information collection is apparent at the point that you provide  your personal information.
  • By contacting via our website, you agree to receive Create newsletter or information relating to Create. You can ask to be removed or  unsubscribe from our newsletter mailing list at any time.
  • Create website uses server logs and web analytic tools such as cookies and other tracking technologies. Cookies are small  text files that are downloaded to your device by websites you visit. When you use this website these tools collect information such as what  browser and operating system you use, the internet protocol address of  the device you have used to access the website, search terms, your  location and what content you view when visiting our website. Cookies  do not give us access to your computer or any information about you  other than the data you choose to share with us.
  • You  can set your browser to block all cookies, including cookies associated  with our website, or to indicate when a cookie is being set by us.  If  you do set your browser to reject cookies you may not be able to access  all the features of the website.

 

Third party providers – Analytics

  • We may use third party Service Providers to assist us to analyse how  our website is used.  These Service Providers have access to your  personal information only to enable them to perform these tasks on our  behalf and they may not disclose it or use it for any other purpose.
  • Google Analytics is a web analytics service offered by Google that  tracks and reports website traffic. Google uses the data collected to  track and monitor the use of our Service. This data is shared with other  Google services. Google may use the collected data to contextualise and  personalise the ads of its own advertising network.
  • You can opt-out of having made your activity on the Service available to  Google Analytics by installing the Google Analytics opt-out browser  add-on. The add-on prevents the Google Analytics JavaScript (ga.js,  analytics.js, and dc.js) from sharing information with Google Analytics  about visits activity.  See this link:  https://tools.google.com/dlpage/gaoptout 
  • For more  information on the privacy practices of Google, please visit the Google  Privacy & Terms web page: https://policies.google.com/privacy?hl=en

 

Third party providers – Targeting and Remarketing

  • We may also use third party vendors for remarketing.  This allows us to  advertise to you on third party websites after you leave our website.   We may do this via cookies and Facebook pixels located on our website.
  • Most third party vendors allow you to opt-out or amend your settings.   You can do this for Google by using the following link:  http://www.google.com/settings/ads and for Facebook by clicking here  https://www.facebook.com/help/568137493302217 
  • Some third party vendors allow us to create Custom Audiences feature so that  we can target advertising at you.  If you wish to opt out of this please contact us.

 

Use of information 

  • We will  only use personal information that you provide to us for the purposes  for which you supplied it or, in exceptional situations, for other  reasons permitted under the Privacy Act 1993.  
  • We  generally do not share your personal information with others unless this  is necessary for the purpose for which you gave us the information.  We  may share your information with any business that supports our services  or products, including any person that hosts or maintains any  underlying IT system or data centre that we use to provide this website  or other services or products.  
  • While it is unlikely,  we may be required to disclose your information to comply with legal or  regulatory requirements.  We will use reasonable endeavours to notify  you before we do this, unless we are legally restricted from doing so.
  • We will take reasonable steps to ensure that the personal information  about you we collect, use or disclose is accurate, complete, up to date  and stored in a secure environment protected from unauthorised access,  use, modification or disclosure.

 

Access to and correction of information 

  • We will provide you with access to any personal information we hold  about you.  If it is wrong please ask us to correct it.  To ask for  access and correction, see our contact details.

 

Changes to our privacy policy

  • Create may change this privacy policy from time to time in  response to changes to technology, our data collection practices or the  law.  All changes will be posted to this website and may apply to  previously collected information.  

 

Face Painting Health & Safety

    • People with sensitive skin should not participate without a test from the artist. The Artist has the right to decline painting anyone who appears to be sick or suffering from any skin conditions. Our artists are not responsible for any damage to clothing. Under no circumstances will artists supervise children. 
    • Paint can easily be removed using mild soap and water. Some skin types are prone to some very mild initial staining – a small amount of mild baby shampoo or shaving cream will remove this gently.
    • Water is changed regularly during a booking and clean sponges used for each face. All equipment is thoroughly cleaned after each booking.

 

  • Create team  have your children’s safety and interests in mind at all times and as a result we reserve the right not to paint or entertain under certain conditions – see below for examples as the list is not exhaustive:

 

  • The artist will not paint or entertain anyone who is obviously unwell (runny nose/temperature/rash) or has any other visible skin complaint (eczema; chicken pox; acne; cold sore; open wounds; eye infections etc).
  • The artist will not paint or entertain anyone against their wishes (this may result in stopping painting before the final result if a child becomes uncomfortable or changes their mind). Please do not force your child to be painted if they really are uneasy or unwilling – face painting should be an enjoyable experience for both the child and parent.
  •   If you are making a booking for a children’s party, please ensure all parents are aware in advance that a face painter will be on site, especially when parents/guardians are unlikely to be present.  It is the host’s responsibility to ensure that all parents/guardians have been informed and that any comments are relayed back to the artist or entertainer.

 

Covid-19 Policy

 

What is your Covid-19 Policy in place?

  • Maintain physical distancing at least 2m apart
  • Maintain register and contact details of anyone in contact with for upto 4x weeks
  • Hand sanitizer before and after any interactions
  • Wash your hands regularly
  • Regularly disinfect surfaces
  • Our products and tools will be wiped down and cleaned with Isopropyl alcohol and alcohol wipes on a regular basis
  • Use of disposable tools where possible
  • Restrict the number of attendees or conduct services online or remotely via zoom

 

What is Create’s policy on self-quarantining?

Create is following advice from the Ministry of Health (NZ) in relation to the self-isolation requirements of its workforce. Please note this advice is changing periodically and so we ask that you remain alert and regularly check for updates. Create will additionally provide information as updates become available, and may change its expectations regarding self-isolation and return to work processes as a result.

 

Create’s current policy on self-quarantining is as outlined below.

Please do not attend work for at least 14 days in the following scenarios:

Contractors who have travelled overseas over the last 14 days to self-quarantine If you are required to self-isolate, you must notify Create of this immediately so that the situation can be managed appropriately to minimise potential spread of the virus.

 

The steps that you must take are outlined below:

  1. Contact the Create Support team to notify them that you are self-isolating for 14 days.
  2. Create will ensure that you are removed from any shifts throughout the 14 day period and will contact the relevant host employer/s to notify them of your need to self isolate.
  3. Depending on the reason for self-isolating, if required we will also contact other staff who you may have been in contact with in the preceding period.
  4. Follow the Department of Health guidelines during that time.
  5. Before returning to work, visit a doctor and request a medical certificate to confirm that you are fit to return to work. You must provide this to the Create

team before you will be able to apply for and complete work via our platform.

  1. On the basis that you are fit to return to work, Create will re-open access to their platform for you.

 

What if you do not meet self-quarantining requirements but are feeling unwell?

If you are showing signs of illness or are feeling unwell, including with symptoms of a cold or flu, please take the time to rest and recover at home. Please notify our team as soon as you develop symptoms so we can find suitable cover. Practically, this means that we expect you will not apply for or attend shifts until you are fit and able to return to work. This must be at least 24 hours after you stop showing symptoms (e.g. fever).

If you are working with vulnerable or immune compromised people, please exercise your judgement and stay at home if you are exhibiting any symptoms that indicate you may have contracted coronavirus (e.g. runny nose, cough, headache, fever, sore throat).

If you are concerned about your health, please contact your GP or a hospital emergency department before attending a clinic or hospital.

 

What can I do to protect myself against illness?

The best way to avoid contracting this illness, or other similar viruses, is through good hygiene. Here are some recommended steps that you can take to try and limit spread:

Wash hands frequently with soap and water, before and after eating and after going to the toilet.

Cover coughs and sneezes with your elbow or a tissue, and dispose of used tissues immediately after use.

Use alcohol based hand sanitisers when unable to wash with soap and water.

 

Wipe down surfaces such as desks, phones, keyboards (etc) frequently.

Note: the World Health Organisation recommends washing hands thoroughly at least five times per day.

 

What is Create doing to protect its staff?

The health and safety of our workforce is our priority. We are committed to doing all that we can to minimise the spread of this virus (and other illnesses such as the flu). We will continue to communicate with you regularly regarding our policy on COVID-19 (in line with advice from government bodies) and will provide periodic reminders about the importance of good hygiene. If you do need to take time off (to self-isolate or rest due to another illness), Create will support you during your re-entry to the workforce by assisting with you accessing opportunities through our platform. We will also continue to communicate with our clients (your host employers) to ensure that they are taking appropriate steps to protect the health and safety of their workforce, clients, those in their care.

 

Visit the government’s COVID-19 website to find out how to slow the spread of the disease

Information on Gatherings and events at each Alert Level

Go to the Immigration New Zealand website for more information and updates on travel restrictions.