Terms and Conditions
Last updated: October 12, 2026
These Terms and Conditions (“Terms”) are a legal agreement between you and Character Squad LLC, doing business as The Character Squad (“Company,” “we,” “us,” or “our”). They govern your use of our website at https://charactersquad.com (the “Site”) and our booking referral services (together, the “Services”).
PLEASE READ SECTION 19 (DISPUTE RESOLUTION) CAREFULLY. IT REQUIRES MOST DISPUTES TO BE RESOLVED BY INDIVIDUAL BINDING ARBITRATION RATHER THAN IN COURT. IT ALSO WAIVES JURY TRIALS AND CLASS ACTIONS. YOU MAY OPT OUT OF ARBITRATION WITHIN 30 DAYS AS DESCRIBED IN SECTION 19.8. SMALL-CLAIMS MATTERS ARE EXCLUDED.
1. Acceptance of Terms
By accessing the Site, submitting a party request, confirming a booking, or paying any referral fee, you agree to these Terms, our Booking Referral Agency Description & Disclaimer, our Cancellation Policy, and our Privacy Policy, which are incorporated by reference. If you do not agree, do not use the Services.
2. Nature of the Services
The Company is a booking referral agency only. We help you find independent Performers and pass your event details to them. The Company is not a party to any agreement for entertainment services between you and a Performer. That agreement is solely between you and the Performer. The Booking Referral Agency Description & Disclaimer is part of these Terms.
3. Eligibility
You must be at least 18 years old and able to form a binding contract to use the Services or book a Performer. By using the Services, you represent that you meet these requirements and that you are the parent or legal guardian of, or are otherwise authorized by the parent or legal guardian of, any child whose information you provide. Our Services are directed to adults planning events and are not directed to children.
4. Booking Process
4.1 Request. You may submit a party request through the Site’s booking form, by phone, or by message. A request is not a booking, does not reserve a date, and does not create any obligation for you, the Company, or any Performer.
4.2 Matching. After we receive your request, we contact independent Performers who may be available. A Performer may accept or decline at their sole discretion. We will tell you the name of the proposed Performer and the Performer’s rate and terms.
4.3 Confirmation. A booking is confirmed only when (a) the Performer has accepted, (b) you have agreed to the Performer’s rate and terms, (c) you have paid any applicable referral fee, and (d) we have sent you a written confirmation by email or text (the “Confirmation”). The Confirmation will identify the Performer, the date, time, duration, location, the Performer’s agreed fee and accepted payment methods, and any referral fee.
4.4 Accuracy. Character availability, activities, and add-ons (such as face painting, balloon animals, makeup, or hair styling) are offered by Performers and are subject to each Performer’s skills and judgment. We will try to match your preferences but cannot guarantee any particular Performer, character, costume, or activity.
5. Fees and Payment
5.1 Performer fees. You pay the Performer’s fee directly to the Performer after the performance, using a method the Performer accepts. The Company does not collect, receive, or refund Performer fees. Questions about the Performer’s fee, tips, overtime, or extra services should be resolved with the Performer.
5.2 Referral fee. The Company charges a non-transferable booking referral fee per booking, shown in your booking summary and Confirmation, payable when you confirm the booking. The fee pays for our referral and coordination service only. It is not a deposit toward the Performer’s fee. Refunds of the referral fee are governed solely by the Cancellation Policy.
5.3 Payment processing. Any referral fee is processed by our third-party payment processor, [PAYMENT PROCESSOR TO BE ADDED] . We do not store full card numbers. All amounts are in U.S. dollars.
5.4 Price display. Any rates displayed on the Site are typical rates provided by Performers, are for planning purposes, and may change. The Performer’s quote in your Confirmation controls. We will not add hidden charges to any referral fee.
6. Customer Responsibilities
You agree to:
- provide accurate, complete, and current information, including the event address, start time, number and ages of children, and any special needs, allergies, or sensitivities relevant to face paint, makeup, or balloons (latex);
- provide a safe, clean, and reasonably sized performance area free of hazards (for example, wet surfaces, open pools without barriers, aggressive animals, open flames, or uneven ground), plus a private space to change where possible and access to water for longer events;
- provide an indoor or covered backup location for outdoor events;
- ensure that a parent, guardian, or other responsible adult supervises children at all times. Performers are entertainers, not childcare providers, and must not be left alone with children;
- manage your guests, maintain reasonable crowd control, and ensure guests treat the Performer respectfully and do not touch, pull, or remove any part of a costume or make inappropriate requests;
- obtain any permission needed from the venue (for example, a park, school, hospital, or facility), including any permits, insurance certificates, or check-in requirements; and
- pay the Performer as agreed.
7. Performer Conduct; Reporting Concerns
Performers are independent and responsible for their own conduct. As a condition of receiving referrals, we ask Performers to agree to basic standards: arrive on time and prepared, behave appropriately around children, never be alone with a child, not provide food, drink, or medication to children, not consume alcohol or drugs before or during an event, and follow reasonable safety practices. These standards are a condition of our referral relationship. They are not a guarantee, warranty, or promise by the Company.
If you have a concern about a Performer’s conduct, please call or text us at 408-409-5730 within 7 days. We may stop referring a Performer at our discretion. If there is an emergency or any suspected crime, contact 911 or local law enforcement first.
8. Photos and Video
You and your guests may take personal photos and video during the performance, subject to the Performer’s reasonable requests. Commercial use of images of a Performer requires the Performer’s written permission. The Company will not use photos or videos of your event, or of any child, in marketing unless you give separate, express written consent. You may withdraw that consent for future use at any time by contacting us. Performers are independent and may have their own photo policies, which you should discuss with them.
9. Late Arrival, Overtime, and Early Termination
Late arrival, overtime, and early termination are governed by the Performer’s terms and our Cancellation Policy. A Performer may end a performance early, without liability to the Company, if conditions become unsafe or if the Performer is harassed or treated inappropriately.
10. Character and Intellectual Property Notice
Section 1.8 of the Booking Referral Agency Description & Disclaimer applies. All Site content, including text, graphics, logos, and the name “The Character Squad,” is owned by or licensed to the Company and may not be copied or used without our permission, except for personal, non-commercial viewing. Character names are used only to describe themes and remain the property of their owners.
11. Acceptable Use of the Site
You agree not to misuse the Site. For example, you agree not to submit false requests, harvest data, introduce malware, interfere with the Site’s operation, or use the Site for any unlawful purpose.
12. Assumption of Risk
You understand that live entertainment involving games, dancing, movement, props, costumes, face paint, makeup, hair products, and balloons carries inherent risks. These include trips and falls, minor collisions, skin or allergic reactions (including latex allergies), and choking hazards from balloons or broken balloon pieces for young children. To the extent permitted by law, you voluntarily assume these inherent risks for yourself, and you agree to inform your guests and their parents of them. This section does not apply to risks caused by the Company’s own gross negligence or willful misconduct.
13. Release
To the fullest extent permitted by California law, you release the Company and its owners, members, officers, and employees (the “Company Parties”) from claims arising out of the acts or omissions of any Performer, guest, venue, or other third party, or out of any performance or event, other than claims arising from the Company Parties’ own fraud, willful injury, gross negligence, or violation of law. You waive the protection of California Civil Code §1542 as to the released claims. Section 1542 states: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” This release does not waive any non-waivable right under the Consumers Legal Remedies Act or other law, and it does not release any claim you may have directly against a Performer.
14. Indemnification
To the extent permitted by law, you agree to defend, indemnify, and hold harmless the Company Parties from third-party claims, damages, and reasonable attorneys’ fees arising from (a) your breach of these Terms, (b) your provision of inaccurate information, (c) unsafe conditions at a venue you control or selected, or (d) the conduct of your guests. This obligation does not apply to the extent a claim results from the Company Parties’ own negligence, fraud, or willful misconduct.
15. Disclaimers
THE SITE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTY REGARDING THE IDENTITY, QUALIFICATIONS, BACKGROUND, CONDUCT, OR PERFORMANCE OF ANY PERFORMER. THE COMPANY DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE.
16. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW: (A) THE COMPANY PARTIES ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS OR EMOTIONAL DISTRESS, ARISING FROM THE SERVICES; AND (B) THE COMPANY PARTIES’ TOTAL LIABILITY FOR ALL CLAIMS ARISING FROM THE SERVICES WILL NOT EXCEED THE GREATER OF THE REFERRAL FEE YOU PAID THE COMPANY FOR THE BOOKING AT ISSUE OR ONE HUNDRED DOLLARS ($100).
California limits. Consistent with California Civil Code §1668, nothing in these Terms exempts the Company from liability for its own fraud, willful injury to the person or property of another, gross negligence, or violation of law, whether willful or negligent. Nothing in these Terms limits liability for death or personal injury caused by the Company’s own negligence where such a limitation is not permitted, or waives any right that cannot be waived under California law, including rights under the Consumers Legal Remedies Act (Civ. Code §1751).
17. Third-Party Services and Links
The Site may link to or use third-party services (for example, social media, maps, payment processors, and form tools). We are not responsible for third-party services, which have their own terms and privacy policies.
18. Force Majeure
The Company is not liable for any failure or delay caused by events beyond its reasonable control. These include severe weather, wildfire smoke or poor air-quality advisories, earthquakes, power outages, public-health orders, road closures, acts of government, or a Performer’s illness or emergency. The effect on any referral fee is described in the Cancellation Policy.
19. Dispute Resolution; Binding Arbitration; Class Action Waiver
19.1 Informal resolution first. Before filing any claim, you and the Company agree to try to resolve the dispute informally. The party raising the dispute must send a written notice describing the claim and the relief requested (to us by text message to 408-409-5730 or by mail to 500 East Hamilton Ave #1032, Campbell, CA 95008, or to you at the email or address we have on file). The parties will negotiate in good faith for at least 30 days. Any applicable statute of limitations is tolled during this period.
19.2 Agreement to arbitrate. If the dispute is not resolved informally, you and the Company agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services (a “Claim”) will be resolved by final and binding individual arbitration, except as stated in Sections 19.3 and 19.5. The Federal Arbitration Act (9 U.S.C. §1 et seq.) governs this Section 19. To the extent the FAA does not apply, the California Arbitration Act governs.
19.3 Small-claims exception. Either party may bring an individual Claim in small claims court (in California, generally up to $12,500 for individuals, subject to statutory limits) if the Claim qualifies and remains in that court.
19.4 Arbitration rules and costs. The arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules before a single neutral arbitrator. It will take place in the county where you reside or in Santa Clara County, California, or by video or written submissions if you prefer. The Company will pay all filing, administrative, and arbitrator fees above the amount you would pay to file a claim in court, and will pay them on time as required by California Code of Civil Procedure §§1281.97–1281.98. The arbitrator may award any individual relief available in court and will issue a reasoned written decision.
19.5 Public injunctive relief and IP. Consistent with McGill v. Citibank, N.A. (2017) 2 Cal.5th 945, nothing in this Section 19 waives your right to seek public injunctive relief in any forum. Any claim for public injunctive relief will be severed and stayed until the individual arbitrable Claims are resolved, then decided by a court. Either party may also seek relief in court to protect intellectual property rights.
19.6 Class action and jury trial waiver. TO THE EXTENT PERMITTED BY LAW, YOU AND THE COMPANY AGREE THAT CLAIMS MAY BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING, AND YOU AND THE COMPANY WAIVE THE RIGHT TO A JURY TRIAL. If this class action waiver is found unenforceable as to any Claim, that Claim will proceed in court and not in arbitration.
19.7 Mass filings. If 25 or more similar Claims are filed by or with the help of the same counsel or coordinated group, the parties agree that they will be administered in batches under the applicable provider’s mass-arbitration procedures. Filing fees will be assessed in a way that does not deny any claimant access to arbitration.
19.8 Right to opt out. You may opt out of this agreement to arbitrate by sending written notice by text message to 408-409-5730 or by mail to 500 East Hamilton Ave #1032, Campbell, CA 95008 (include “Arbitration Opt-Out” in your message) within 30 days after you first accept these Terms. The notice must include your name, address, and email, and a clear statement that you are opting out. Opting out does not affect any other part of these Terms.
20. Governing Law
These Terms are governed by the laws of the State of California, without regard to its conflict-of-law rules, and, where applicable, the Federal Arbitration Act.
21. Venue
Subject to Section 19, any action not subject to arbitration will be brought exclusively in the state or federal courts located in Santa Clara County, California, and you and the Company consent to their personal jurisdiction. This does not limit your right to bring an action in small claims court in your county of residence where permitted.
22. Accessibility (ADA)
We want the Site and Services to be accessible to everyone, including people with disabilities. We aim to conform to the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA. If you have difficulty using the Site or need an accommodation for your event (for example, a Performer experienced with neurodivergent or sensory-sensitive children, or adjustments for guests with mobility needs), please call or text us at 408-409-5730. We will try to assist you and to make a referral that meets your needs. The Company does not discriminate on any basis protected by the Unruh Civil Rights Act (Civ. Code §51) or other law.
23. California Automatic Renewal Law
The Services do not involve subscriptions, memberships, or automatically renewing charges. The California Automatic Renewal Law (Bus. & Prof. Code §17600 et seq.) therefore does not apply. If we ever offer a recurring plan, we will provide the disclosures, affirmative consent, and online cancellation required by that law before charging you.
24. Consumers Legal Remedies Act
Nothing in these Terms is intended to waive, limit, or restrict any right or remedy you have under the California Consumers Legal Remedies Act (Civ. Code §1750 et seq.), the Unfair Competition Law (Bus. & Prof. Code §17200 et seq.), the False Advertising Law (Bus. & Prof. Code §17500 et seq.), or any other consumer protection law that cannot be waived by agreement. We aim to describe our Services, prices, and the referral relationship truthfully and clearly.
25. Notice to California Residents (Cal. Civ. Code §1789.3)
Under California Civil Code §1789.3, California users of the Site are entitled to the following consumer rights notice. The Site and Services are provided by Character Squad LLC, 500 East Hamilton Ave #1032, Campbell, CA 95008, 408-409-5730. Use of the Site is free. Charges for the Services are described in Section 5 and in your Confirmation. If you have a question or complaint regarding the Site or Services, please call or text us at 408-409-5730. You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
26. Severability; Entire Agreement; Assignment; No Waiver
If any provision of these Terms is found unenforceable, it will be enforced to the maximum extent permitted, and the remaining provisions will remain in effect (subject to Section 19.6). These Terms, together with the documents incorporated by reference and your Confirmation, are the entire agreement between you and the Company about the Services. You may not assign these Terms without our consent. Our failure to enforce a provision is not a waiver.
27. Changes to These Terms
We may update these Terms from time to time. We will post the updated Terms on the Site with a new “Last updated” date and, for material changes, will notify customers with upcoming bookings by email. Changes do not apply to a booking already confirmed, and changes to Section 19 will not apply to any dispute of which we had notice before the change.
28. Contact Us
Character Squad LLC, d/b/a The Character Squad, 500 East Hamilton Ave #1032, Campbell, CA 95008. Phone: 408-409-5730.