Character of the Month Club for Childcare Centers and Preschools
Annual Subscription

Atlanta Character Parties/ACP/MP (ACP/MP) Subscription Agreement 

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1. AGREEMENT - This agreement (“Agreement”) is between ACP/MP, and the undersigned Client (“Client”). This Agreement is effective as of the execution date on page 3. 

2. This is a one-year (12-month) Subscription (the “Yearly Subscription”), commencing on the day the first payment is made, and ending 365 days after the initial payment. Client shall pay $145/month to Mystical Parties each month (in advance) for the twelve months via the Designated Billing Company (TSYS). Provided that client is not in default of this agreement and subject to the terms and conditions hereof, the Subscription will automatically renew. Renewal terms may be cancelled at any time provided a 30-day written notice is delivered to the ACP/MP at 307 Cardinal Dr Woodstock, GA 30188. The renewal term will be for twelve (12) months. Client agrees that if Client fails to use Mystical Parties characters, that shall not release the Client from the obligation to make all payments required by the terms of this Agreement 

3. Payments: Client hereby authorizes the Designated Billing Company (TSYS) selected by ACP/MP to draw items (credit card) for the purpose of paying the Subscription dues, including any late fees or service fees, as well as other purchases, on the account (the “Designated Billing Company”). ACP/MP hereby reserves the right to change the Designated Billing Company at its discretion and without warning. If such a change is made, the full terms and conditions of this Agreement will continue to apply, and Client agrees to authorize the new Designated Billing Company to continue drafting Client’s account. 

4. Defaults: Should Client default on any payment obligation as called for in this Agreement, ACP/MP will have the right, but not the obligation, to declare the entire remaining balance of the Yearly Subscription due and payable. A default occurs when any payment due under this agreement is more than ten days late or there is a violation of the other terms and conditions under this Agreement or the Rules and Regulations. In the event of default, ACP/MP may terminate the access to the subscription, but the Client shall continue to make the remaining monthly payments under the Yearly Subscription, if ACP/MP selects, in its sole discretion, not to accelerate the obligations. Should any monthly payment become more than ten days past due, Client will be charged a late fee of $20. An additional service fee of $35 will be charged for any credit card returned for insufficient funds or any other reason. Client agrees to pay all costs of collection, including but not limited to collection agency fees, interest, court costs, and attorney fees. 

5. THREE-DAY RIGHT OF RESCISSION - New Clients have three days after signing this Agreement to cancel their Subscription without penalty. If the Agreement is cancelled within three days, ACP/MP will return to the Client all amounts paid. To cancel, new Clients must inform ACP/MP in writing of their intent to cancel. Written intent to cancel can be delivered to ACP/MP in person or e-mailed to: itsaparty@mysticalparties.net  If sent by email, buyer shall include “3 day Cancellation” in the subject line. 

6. SUSPENSION/TERMINATION OF SUBSCRIPTION BY ACP/MP - ACP/MP has the right to suspend and/or terminate any Subscription for non-payment of dues, fees, or for behavior inimical to the enjoyment of the ACP/MP facilities by other Clients and staff for any reason deemed sufficient in the sole discretion of ACP/MP. If ACP/MP becomes temporarily unavailable due to an event such as fire, flood, loss of lease, or the like, ACP/MP will extend the Client’s Subscription privileges for the period the characters were unavailable. 

7. DAMAGES - Clients shall pay for any damages to ACP/MP property which results from the willful or negligent conduct of Client, Client’s guest, or dependent children. 

8. WAIVER - Any failure by ACP/MP to enforce any provision of this Agreement shall not be construed as a waiver of any provision or the right to enforce same. 

9. GOVERNING LAW – This Agreement shall be governed by the laws of the State of Georgia without giving effect to any principles or conflicts of laws. For the purpose of resolving conflicts relating to or arising out of this Agreement, or arising out of any other dispute or claim associated with ACP/MP, Client irrevocably and unconditionally: (i) consent to submit to the exclusive jurisdiction of the state and federal courts in the State of Georgia (the “Georgia Courts”) for any litigation or dispute arising out of or relating to this Agreement; (ii) agree not to commence any litigation arising out of or relating to this Agreement except in the Georgia Courts; (iii) agree not to plead or claim that such litigation brought therein has been brought in an inconvenient forum; and (iv) agree the Georgia Courts represent the exclusive jurisdiction for all disputes relating to this Agreement. 

10. SEVERABILITY - If any portion of this agreement is deemed illegal, void or unenforceable, then the remaining agreement shall remain in effect. 

11. AMENDMENT - This Agreement may not be amended or modified except by an instrument in writing executed by the parties hereto. 

12. CONTACT METHODS - Client authorizes ACP/MP, and their authorized designees to contact Client by email, telephone, or by other means. Subject to applicable law, Client agrees that any of these parties may contact Client at any mailing address, phone number or e-mail address set forth in this Agreement, or any other address subsequently provided to, or obtained by, any such party. 

13. Client agrees that ACP/MP  will provide a “take home” for each child…ex: sticker, coloring sheet, postcard

14. ACP/MP will provide 1 Character Visit per month on a designated day and time.

15. ENTIRE AGREEMENT - This Agreement and the Rules and Regulations attached as Exhibit “A” hereto and made a part hereof, and the ACP/MP Character of the Month Annual Subscription, Release of Liability, Waiver and Assumption or Risk form constitute the entire and exclusive Agreement between the parties. Any promise, representation, understanding, oral or written, pertaining directly or indirectly to the agreement which are not continued herein, are hereby waived.