Terms and conditions For Participation:

To participate in any Fiddleheart, LLC event you [the “Participant”] must carefully read this agreement and fully understand and agree to its contents. If the Participant is a minor, a guardian must read this agreement and fully understand and agree to its contents on behalf of the minor. You are aware that this agreement contains a release of liability and constitutes a contract between yourself and Fiddleheart, LLC, its owners, directors, officers, coordinators, employees, staff, volunteers, affiliates, agents, representatives, contractors, and assigns [hereafter collectively referred to as“Fiddleheart”].

You understand that, as a pre-condition to attending and participating in a Fiddleheart event, you must acknowledge that you have read and agreed to these terms and conditions. If you do not agree with the terms and conditions, you will not be allowed to use Fiddleheart services or attend Fiddleheart events.

Fiddleheart, LLC is a theatrical, highly-interactive events company that offers youth day camps, single or ongoing classes, and ticketed one-day events.

Due to the location and theatrical nature of Fiddleheart events, Participants can expect to be moving outdoors on grassy, hilly terrain and forested areas. Inclement weather may be experienced, including rain, snow, sun, heat and cold. Furthermore, Participants are led by staff in performing physical (sometimes rigorous) activities, including but not limited to walking, running, dancing, sports-like actions and wand-waving. Fiddleheart events involve immersive pretend play from Participants, Fiddleheart staff, and volunteers. Occasionally, surprising and startling events may arise as part of the storytelling.

Fiddleheart LLC is currently offering two events: 1) Finders Seekers is a two week interactive theatrical youth summer camp sponsored by Fiddleheart, LLC. 2) History of Magic is a weekly one-hour theater class that runs for 4 week sessions consecutively from January -May 2024. These terms and conditions refer to both events; both are referred to as [the “Event”].

Capable of Participation: By accepting these Terms and Conditions, Participant confirms that they are able to participate in all activities during the Event. Furthermore, parents or guardians of minor(s) confirm that the minor(s) are able to participate in all activities during the Event and give permission for minor(s) to participate in all such activities.

Right to Cancel Event: Fiddleheart reserves the right to cancel any the Event due to insufficient enrollment, inclement weather or a Force Majeure (events such as war, riots, fires, floods, national security orders, instructions from local authorities, etc). In the event of cancellation of the entire event with no alternate days/times to attend, all Participants will receive a full refund or will be given the opportunity to donate some or part of the refund to Fiddleheart.

Right to Withdraw: The directors of Fiddleheart reserve the right, at their discretion, to withdraw Participant(s) whose influence or actions are deemed unsatisfactory, dangerous or incompatible to the values Fiddleheart. If this occurs, no return of fee, or any part thereof will be made. Using profanity, disparaging dialogues, abuse behavior, physical violence or threats and violations of any applicable laws during participation in Fiddleheart is strictly prohibited. Furthermore, Participants are prohibited from bringing or using all tobacco products, alcohol and drugs of any kind.

Participant Cancellation Policy: In the event that Participant cancels their registration for Finders Seekers before June 17 2024, Participant will be refunded the tuition payment less $75.00. There will be no refund after these deadlines unless Fiddleheart can fill the Participant’s spot prior to the start of term. In the event that Participant cancels their registration for History of Magic, no refund will be granted and funds may be allocated for another class or event at the discretion of Fiddleheart.

Personal Belongings: Participant belongings brought to the “Event” are their sole responsibility Expensive and treasured items should not be brought to the event. Fiddleheart is in no way responsible should participants personal items become damaged, lost or stolen.

Damage to Property: Participant agrees to pay for property damage caused directly, or indirectly, as a result of negligent action of the Participant.

Photography/Filming: By accepting this Terms and Conditions, participants give permission to Fiddleheart to be photographed, audio and video recorded and that such material can be used by Fiddleheart for promotion, public relations and marketing of Fiddleheart and its products and services. The copyright of all photography, recordings and videos appearing on our marketing materials, websites and social media belongs to Fiddleheart. No reproduction may be made without prior permission from the Fiddleheart management.

If a photograph, recording or video of Participant is posted on the Fiddleheart Facebook page, Instagram page or website (www.fiddleheartmagic.com) or any other solely-Fiddleheart published materials, Participant may request of Fiddleheart that photograph, recording, video or image be removed. However, Participant agrees that Fiddleheart has no control or responsibility for photographs, recordings or videos taken by or posted by any Participant, third party, or other person.

~Release. Participant releases Fiddleheart from all liability or responsibility regarding photographs, images, audio recordings and videos that are captured at Fiddleheart events.

Medical/Health Emergencies: Participant hereby consents to medical treatment in a medical emergency where Participant is unable to consent to such treatment. If Participant is a minor and a parent or guardian cannot be reached during a medical emergency, the parent or guardian gives Fiddleheart permission to call emergency services including an ambulance. Furthermore, the parent or guardian agrees to have their child examined by a licensed health care provider if needed. All expenses for such medical services will be paid for by the Participant, or in the case of a minor, the parent or guardian of the Participant.

Participant understands that Fiddleheart does not carry participant insurance. Participants are encouraged to have a physical examination and to purchase health insurance prior to any and all participation. Any medical needs or concerns must be made known to Fiddleheart directors prior to participation in Fiddleheart events.

Limitations of Liability: IN NO EVENT SHALL FIDDLEHEART, THE RELEASEES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, LIQUIDATED, OR OTHER CONSEQUENTIAL DAMAGES, WHETHER UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER THEORY OF LIABILITY, ARISING FROM YOUR USE OF AND PARTICIPATION IN FIDDLEHEART EVENTS. THE FOREGOING LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW, EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Assumption of Risk: Participant acknowledges to participating voluntarily in the activities at Fiddleheart events. Participant understands that Fiddleheart events involve vigorous physical activity that may include physical contact from other participants. Possible physical activities include: walking, running, dancing, sports-like actions, and wand-waving. Participant agrees to assume any and all risks of bodily injury, death, property damage, illness and infection, whether those risks are known or unknown, all risks that arise out of the use of any equipment or location, Fiddleheart activities, the acts of other participants, acts of Fiddleheart directors, staff and volunteers or the unavailability of immediate emergency care.

Participant agrees to remove themself from participating in the Event should Participant observe any hazard or unsafe condition or feel unfit or unable to safety continue.

Covid19: Participant assumes any and all risk related to Covid 19.

Safety: Not limiting any of the foregoing, and without admitting to or taking responsibility for any Participant’s safety, nor incurring any liability whatsoever if any of the following are not performed, Fiddleheart attempts to reduce the risk to Participant by doing the following:

Implement a safety procedure; providing basic first aid supplies and at least one person trained in basic first aid, such person not admitting to or acquiring any responsibility or liability for their treatment or non-treatment of injuries or illnesses; develop and enforce policies and procedures that minimize risk and lead to the safety and enjoyment of all participants and; purchase the minimum site-required liability insurance for each Fiddleheart event.


~Release. Participant agrees to forever release Fiddleheart, its directors, officers, coordinators, employees, staff, volunteers, affiliates, agents, representatives, venue, sponsors, contractors, and assigns, other Participants, and any other parties present or involved with Fiddleheart [“Releasee”] from any and all actions, claims, or demands that Participant, Participant’s assignees, heirs, distributees, next of kin, spouse and legal representatives now have, or may have in the future, for injury, illness, death, or property damage, directly or indirectly related to:participation in these activities; negligence or other accidental action or inaction, whether directly connected to these activities or not, and however caused, by any Releasee, and the condition of the premises where these activities occur.

~Extent of Release. Participant agrees that Participant, Participant’s assignees, heirs, distributees, next of kin, spouse and legal representatives will not make a claim against, sue, or attach the property of any Releasee in connection with any of the matters covered by the foregoing release. You indemnify and hold harmless all Releasees from any claims you may now or in the future have in connection with your participation at this and any future or past Fiddleheart event.

Indemnification: PARTICIPANT HEREBY AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS FIDDLEHEART RELEASEES FROM AND AGAINST ANY CLAIM, LIABILITY, INJURY, DAMAGE, LOSS OR EXPENSE (INCLUDING REASONABLE ATTORNEYS’ FEES) INCURRED AS A RESULT OF, ARISING FROM, OR RELATING TO YOUR PARTICIPATION IN THE FIDDLEHEART EVENT, OR WHICH IN ANY WAY ARISE FROM FIDDLEHEART EVENTS, OR THIS AGREEMENT, WHICH INCLUDE BUT ARE NOT LIMITED TO DAMAGES TO OR DESTRUCTION OF ANY OF YOUR PROPERTY, PROPERTY OF ANY OTHERS, YOUR INJURY OR DEATH OR OF ANYONE ELSE OR ANY LIABILITY ARISING FROM YOUR ACTIONS, OR NEGLIGENT ACTIONS, OR ANYONE ELSE’S ACTIONS.

Disputes: To expedite resolution and control the cost of any dispute, controversy or claim related to this Agreement (“Dispute”), Participant and Fiddleheart agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one person to the other. Fiddleheart will send its notice to your to the email address you have provided to us. Participant must send your notice to Fiddleheart at headmistress@fiddleheartmagic.com, ATTN: Legal Department.

~ Governing Law: The Parties agree that this Agreement shall be governed by, and will be construed under, the Laws of the United States of America and the law of the State of New Jersey, without regard to choice of law principles.

~Venue: Each Party irrevocably and unconditionally agrees that any dispute arising under or related to this Agreement shall be resolved exclusively through individual, non-class arbitration to be held in Lamberville, NJ under the rules of the American Arbitration Association. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of such arbitration and agrees to bring any such dispute only in such forum. Each Party agrees that a final judgment by such arbitration is conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law.

Invalidity: If any provision of this Agreement shall be found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.

Changes to these Terms: Fiddleheart reserve the right, at any time, to modify, alter, or update these Terms without prior notice. Participant is encouraged to check this page regularly for changes to the Terms. Modifications will become effective immediately upon being posted to our Services, without further notice to Participant. Continued use of any of our Services after such modifications are posted constitutes Participant’s acknowledgement and acceptance of such modifications, and Participant may not amend these Terms.

Miscellaneous Clauses

The Parties further agree:

Entire Agreement. This Agreement constitutes the sole and entire agreement of the Parties with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter.

Amendments. No amendment to or modification of this Agreement is effective unless it is in writing and signed by each Party.

Severability. If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.

Waiver. No waiver by any Party of any of the provisions of this Agreement shall be effective unless explicitly set forth in writing and signed by the Party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Relationship of the Parties. The relationship between the Parties is that of independent contractors. Nothing contained in this Agreement shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise, employment or fiduciary relationship between the parties, and neither Party shall have authority to contract for or bind the other party in any manner whatsoever.

No Third-Party Beneficiaries. This Agreement benefits solely the Parties to this Agreement and their respective permitted successors and assigns and nothing in this Agreement, express or implied, confers on any other Person any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of this Agreement.

Indemnification. Each Party (the “Indemnifying Party”) agrees to indemnify, defend, and hold harmless the other Party, its officers, directors, employees, and agents for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising from the Indemnifying Party’s (i) breach or non-fulfillment of any representation, warranty, or covenant in this Agreement, (ii) breach of this Agreement, or (iii) grossly negligent behavior in connection with this Agreement.

Force Majeure. Neither Party shall be liable or responsible to the other, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of that Party including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either Party's workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage. If the event in question continues for a continuous period in excess of 15 days, either Party shall be entitled to give notice in writing to the other to terminate this Agreement.

By purchasing any product and/or participating in any event from Fiddleheart, LLC you are automatically agreeing to all of these terms and conditions.