Last Updated: April 24, 2026
1. Agreement to Terms

These Terms of Use (“Terms”) constitute a legally binding agreement made between you, whether you are accessing the Site as a Client (someone purchasing Services) or a Contractor (someone performing Services), and Surprise Singing Telegrams LLC, a California limited liability company (“Company”, “we”, “us”, or “our”), concerning your access to and use of the www.surprisesingingtelegrams.com website and any related digital services, mobile websites, communications, or applications (collectively, the “Site”).

 

For purposes of these Terms, “User” refers to any individual or entity that accesses, browses, uses, or interacts with the Site in any capacity, including but not limited to Clients and Contractors. All Users are bound by these Terms upon any use of the Site.

By using or otherwise accessing our Site or Services, you affirm that:

(a) you have read and understood these Terms;

(b) you unconditionally agree to comply with, and be legally bound by, these Terms as they exist on the date of each such use or access;

(c) you are either a legally competent adult using this site for yourself or on behalf of an entity, or a legally contracted performer under the terms of the Independent Contractor Agreement if you are providing services through the Site.

 

If you do not agree to these Terms, you may not use the Site or Services and must immediately discontinue use.

If you have any questions or require clarification, please contact us before using the Site.

These Terms, along with our Privacy Policy, and any additional agreements applicable to Contractors (such as the Independent Contractor Agreement), collectively govern your use of the Site and Services

2. International Use

The information on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such use would violate local law or regulation or subject us to any registration requirement in that jurisdiction. If you access the Site from outside the United States, you do so at your own initiative and are responsible for compliance with applicable local laws.

3. Modifications

Supplemental terms, policies, and operational documents (including payment terms, cancellation policies, and performance guidelines) may be posted on the Site or referenced within our Services and are incorporated herein by reference. We may modify these Terms at any time, and such modifications shall take effect as of the “Last Revised” date shown at the top of this page.


Your continued use of the Site or Services following the posting of revised Terms will constitute your acceptance of the changes. As such, we encourage you to review these Terms regularly to stay informed of any updates.

4. Corrections

The Site may contain typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

5. Reserved Rights

Without limiting any other rights or remedies available to the Company under these Terms or applicable law, the Company reserves the right, in its sole discretion, to take any of the following actions at any time, with or without prior notice:

  1. Modify These Terms as provided herein, including by posting updates to the Site that take effect as of the “Last Revised” date;

  2. Change or discontinue any aspect of the Services, including altering categories, eliminating features, introducing new offerings or business models, or adjusting pricing structures in accordance with posted policies;

  3. Terminate or restrict access to the Services for any user (whether Client or Contractor) who violates these Terms or engages in conduct deemed inappropriate, unprofessional, fraudulent, abusive, harassing, discriminatory, unsafe, or otherwise detrimental to the Company, other users, or the reputation of the Services. This includes behavior during any stage of interaction, including but not limited to initial contact, booking negotiations, service performance, or post-performance communications;

  4. Suspend or permanently remove any user account, at our sole discretion, with or without cause;

  5. Monitor all interactions conducted through the Site, including communications between Clients and Contractors, to ensure compliance with our policies;

  6. Change, edit, remove, disable, or replace any content, listings, profiles, or imagery submitted to or hosted on the Site, without notice;

  7. Withhold payments or require repayment of fees processed through the Platform where we determine, in our sole discretion, that a violation of these Terms has occurred, a service was not performed as agreed, or a transaction presents a risk of fraud or misuse. Any such funds may be held or reversed pending investigation;

  8. Remove or suspend users who fail to return funds upon request or who do not cooperate with Company investigations or resolution processes;

  9. Adjust fees or charges associated with the Services or platform usage, with such changes becoming effective in accordance with the Site’s posted policies and Terms and Conditions;

  10. Require the return of full payment to the Company if a confirmed booking is not honored (including but not limited to no-shows, unapproved cancellations, or material failure to perform), or if the Company determines a material breach of these Terms has occurred; and Failure to return payment upon request may result in permanent removal from the Site; 

  11. Remove or demote visibility of any user’s store, listing, or profile, including but not limited to search result rankings, featured placements, or site-wide promotion, without obligation to explain or notify.

All users (Clients and Contractors) are responsible for reviewing these Terms periodically to remain aware of their obligations and the Company’s rights. Access to the Site or continued use of the Services after changes have been made constitutes acceptance of the revised Terms.

6. Services

The Company operates the Site as an online platform that facilitates the offering, discovery, scheduling, and payment of singing telegram and gift delivery services. The Site enables Clients to browse, select, and purchase services, while Contractors may list, market, and perform services subject to the terms of their Independent Contractor Agreement.


The Company does not provide the performances directly. Instead, the Site acts as a neutral intermediary, enabling interactions and transactions between independent Contractors and Clients. All Contractors are independent service providers, not employees or agents of the Company.


The Company provides certain tools and support services via the Site, including but not limited to: messaging, payment processing, profile hosting, and user review systems. The Company retains sole discretion to modify, update, or remove any features or functionalities of the Site.


The Company also provides onboarding, training, and performance guidelines to Contractors to ensure a consistent and high-quality experience for Clients. Participation in such training and adherence to established standards is required for continued use of the Site and ongoing Contractor eligibility. The Company reserves the right to remove or suspend any Contractor who fails to meet these standards.


While the Company does not guarantee the availability, performance, or outcomes of services offered through the Site, it endeavors to support successful outcomes for both Clients and Contractors through quality oversight, platform features, and ongoing operational support. All bookings are subject to acceptance, availability, and the applicable cancellation, refund, and platform fee policies as outlined on the Site and incorporated herein by reference.

7. Privacy

Your use of the Site is subject to the Company’s Privacy Policy (incorporated herein by reference), which outlines how we collect, use, disclose, and protect personal data from both Clients and Contractors. By accessing or using the Site, you acknowledge that you have read and understood the Privacy Policy and agree to its terms.

We are committed to handling all personal information in accordance with applicable data protection laws, including the California Consumer Privacy Act (CCPA), where applicable. Users are responsible for reviewing the Privacy Policy to understand their rights and obligations regarding personal information shared through the Site, including names, locations, and contact information.

 

Contractors who access Client data through the Site (e.g., for scheduling or service fulfillment) agree to use such data solely for the purpose of performing the contracted Services and in compliance with all applicable privacy laws and the Company’s data handling expectations. Unauthorized use, storage, or distribution of Client data may result in immediate removal from the Site and legal action.

8. Electronic Communications

By accessing or using the Site, submitting forms, placing an order, or sending electronic communications to the Company, you consent to receive communications from us electronically, including but not limited to messages via email, SMS, platform messaging, or notices posted on the Site.


You agree that all agreements, disclosures, notices, consents, records, and other communications that we provide electronically satisfy any legal requirement that such communications be in writing.

By placing an order through the Site, you agree to be legally bound by these Terms of Use, the applicable cancellation and refund policies, any service-specific terms posted on the Site at the time of booking, and all associated platform and processing fees. Your act of submitting a booking request or payment constitutes your electronic signature and acceptance of the terms governing that transaction.


You further agree to the use of electronic signatures, contracts, consents, authorizations, and records for all activities initiated through the Site. To the fullest extent permitted by law, you waive any requirement for physical signatures or paper records.


It is your responsibility to maintain accurate contact information and regularly review communications related to your account and bookings. Failure to respond to or review such messages does not release you from any obligations under these Terms.

9. Eligibility

By using this Site or Services, you represent and warrant that you are at least 18 years of age or are accessing the Services under the supervision and with the consent of a parent or legal guardian. We do not knowingly permit children under the age of 18 to register for or use the Services without such consent. If we discover that personal information has been collected from a user under 18 without parental consent, we will delete such information and take appropriate steps as outlined in our Privacy Policy.

10. User Representations

By using the Site, whether as a Client or Contractor, you represent and warrant that:

  1. You have the legal capacity and authority to enter into and comply with these Terms of Use;

  2. You are at least 18 years of age or the age of majority in your jurisdiction;

  3. You will not access or use the Site through automated or non-human means, including but not limited to bots, scripts, or scrapers, unless expressly permitted by the Company;

  4. You will not use the Site for any illegal, fraudulent, or unauthorized purpose;

  5. You will not use the Site to violate any applicable laws, rules, or regulations, including local, state, national, or international laws;

  6. If you are a Contractor, you are entering into a separate Independent Contractor Agreement and agree to comply with all standards, policies, and obligations outlined therein;

  7. If you are a Client, you are entering into a binding transaction upon booking a service and agree to honor all posted payment, cancellation, and usage policies on the Site;

  8. Any information you provide to the Company—whether during registration, in your profile, or in connection with a booking—is true, accurate, current, and complete to the best of your knowledge.

You understand and agree that the Company may suspend or terminate your access to the Site or Services, or cancel any pending or confirmed bookings, if it determines, in its sole discretion, that you have breached any representation or warranty in these Terms.

11. Prohibited Activities

You may not access or use the Site for any purpose other than those explicitly authorized by the Company. The Site is intended solely to facilitate the offering, booking, and performance of services between Clients and independent Contractors. Any commercial use outside of this context requires prior written approval from the Company.


As a user of the Site (Client or Contractor), you agree not to:

  1. Use the Site in any manner inconsistent with applicable laws or regulations, or in violation of these Terms or any other posted Company policy;

  2. Misrepresent your identity, qualifications, or affiliation with any person or entity, or falsely imply endorsement by the Company;

  3. Interfere with, disrupt, or create an undue burden on the Site or any networks or services connected to the Site;

  4. Circumvent, disable, or otherwise interfere with any security-related features of the Site;

  5. Upload, transmit, or distribute any viruses, worms, malware, ransomware, or other malicious code;

  6. Use automated means (including bots, scrapers, or crawlers) to access the Site for any purpose without express written permission;

  7. Use the Site to advertise or offer to sell any goods or services not directly related to your approved role as a Contractor;

  8. Attempt to divert Clients or Contractors off the Site for the purpose of avoiding platform fees or engaging in unauthorized transactions;

  9. Collect, store, or disclose any personally identifiable information of other users without their express consent and in violation of applicable privacy laws;

  10. Post or transmit any content that is defamatory, obscene, abusive, harassing, threatening, discriminatory, or otherwise objectionable;

  11. Solicit, facilitate, or participate in the performance of any illegal, unsafe, or fraudulent activities through the Site;

  12. Impersonate the Company or any employee, agent, or affiliate of the Company;

  13. Use the Site to recruit or solicit Contractors or Clients for other platforms, services, or competing businesses without prior written consent;

  14. Attempt to gain unauthorized access to any portion or feature of the Site or any systems or networks connected to it.


We reserve the right, in our sole discretion, to investigate and take legal action against anyone who violates this section, including by suspending or terminating their account or access to the Site, reporting activity to law enforcement, and seeking legal remedies where appropriate.

12. Your Account

To access certain features of the Site, you may be required to create an account and provide accurate, current, and complete information during registration. By creating an account, you agree to the following:


  1. Account Responsibility: You are solely responsible for maintaining the confidentiality of your account credentials, including your username and password. You agree to monitor your account and to restrict access to your computer or mobile device to prevent unauthorized use.

  2. Liability for Activity: You accept full responsibility for all activities that occur under your account. If you suspect any unauthorized access or use of your account, you must notify the Company immediately at the contact email provided on the Site.

  3. Security: The Company is not liable for any loss or damage arising from your failure to protect your login credentials or for unauthorized access resulting from phishing, malware, social engineering, or other third-party actions.

  4. No Transfer of Account: You may not assign, sell, lease, sublicense, or otherwise transfer your account or any rights associated with it to another individual or entity without prior written consent from the Company.

  5. Accuracy of Information: You agree to provide and maintain accurate, truthful, and up-to-date information in your account profile. Falsifying identity, impersonating another individual, or misrepresenting your qualifications (especially for Contractors) is grounds for termination.

  6. Right to Remove or Suspend: The Company reserves the right to suspend, limit, or terminate your account at any time and for any reason, including but not limited to violations of these Terms, suspected fraud, abusive behavior, or actions that may harm the reputation or operation of the Site.

  7. Inactive Accounts: The Company may deactivate or remove accounts that remain inactive for an extended period, as determined in its sole discretion.

13. Children Under Thirteen

The Site and Services are not intended for use by children under the age of 13, and the Company does not knowingly collect personal information from individuals under the age of 13, in accordance with the Children’s Online Privacy Protection Act (COPPA). If we discover that we have inadvertently collected personal data from a child under 13 without verifiable parental consent, we will delete such information promptly.

 

If you are between the ages of 13 and 17, you may only use the Site and Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms on your behalf. The supervising adult is fully responsible for all actions taken by the minor on the Site.

By using the Site, you represent and warrant that you are either:

  • At least 18 years old; or

  • Between the ages of 13 and 17 and using the Site with the express consent and supervision of a parent or legal guardian; or

  • A parent or legal guardian using the Site on behalf of a minor.

If you are a parent or guardian and believe we may have collected information from a child under 13 without your consent, please contact us immediately using the contact information provided on the Site.

14. Cancellation/Refund Policy

When you book a performance through the Site, you reserve a specific performer’s time and preparation exclusively for your event. Because of the personalized nature of our Services and the commitment required by Contractors, we maintain the following cancellation and refund policies:


  1. Standard Cancellation Fees: If you cancel any booked character after placing your order, a non-refundable cancellation fee of $50 per character will apply. Cancellations made within 72 hours of the scheduled performance are non-refundable, regardless of the number of characters or total payment.

  2. Rescheduling Policy: 

    1. You may reschedule your performance once, without incurring additional fees, provided the new performance:

      1. Occurs within seven (7) calendar days of the originally scheduled date; and

      2. Involves the same character(s) and serenade selection.

    2. If you wish to:

      1. Reschedule beyond seven (7) days;

      2. Change the character(s); or

      3. Select a different serenade,

then a rescheduling fee of $50 per character will apply.

  1. Modifications Within 72 Hours: Any modification requests (e.g., change of time, date, or venue) made within 72 hours of your scheduled event will incur a $50 fee per character to compensate performers for time and preparation.

    1. Example: Two characters = $100 fee; Three characters = $150 fee.

  2. No-Show Policy:  

    1. If the Recipient is not present or otherwise fails to provide access at the agreed-upon time and location, it will be considered a Client No-Show. In this case:

      1. No refund will be issued;

      2. Rescheduling is not guaranteed and is subject to availability;

      3. Any new booking will be treated as a separate, full-price transaction.

    2. If a Contractor fails to appear or cancels without cause:

      1. The Company will either issue a platform credit for the full amount paid or reschedule the performance at no additional cost, subject to availability;

      2. Repeated or egregious Contractor no-shows may result in removal from the Site, in accordance with the Independent Contractor Agreement.

  3. Refund Method and Credits

    1. Any refunds or adjustments approved by the Company will be issued only to the original payment method used at checkout via Stripe.

    2. Refunds may take several business days to process depending on your financial institution.

    3. The Company does not issue refunds by check, cash, or alternate digital methods outside of Stripe.

  4. Final Authority

    1. The Company reserves the sole discretion to interpret these policies and make final decisions on refunds, cancellations, or rescheduling.

    2. These policies may be updated from time to time and are governed by the most current version of the Terms of Use available on the Site.


We appreciate your understanding and cooperation in respecting the time and efforts of our independent performers. These policies help ensure reliability, fairness, and a high-quality experience for everyone.

15. Performance Arrival and Standby Windows

  1. Arrival Window (“Service Window”)

When a Surprise performance is booked, the Customer selects a one-hour window during which the Contractor is expected to arrive at the specified location (the “Service Window”). The “Service Location” may be a residence, office, restaurant, or other venue designated by the Customer at the time of booking. The Contractor will appear at the Service Location within the agreed Service Window. Exact arrival time within this one-hour window may vary due to traffic or scheduling, and does not entitle the Customer to any refund or adjustment.

  1. Standby Window for Recipient Readiness

Upon arrival during the Service Window, the Contractor agrees to wait onsite for up to thirty (30) additional minutes to accommodate delays in Recipient readiness (the “Standby Window”). This Standby Window begins upon the Contractor’s arrival and is solely to allow the Recipient to become available to receive the performance. This time does not include the performance duration itself.

  1. Customer Responsibility and Missed Engagements

If the Recipient fails to arrive or is not ready to receive the performance within the thirty-minute Standby Window, the Contractor may depart without delivering the performance. This will be deemed a completed engagement, and the Customer will not be entitled to a refund, credit, or rescheduling. It is the Customer’s responsibility to ensure the Recipient is available and ready during the Standby Window.

  1. Optional Standby Extension and Fee

Before the expiration of the thirty-minute Standby Window, the Customer may request that the Contractor remain onsite for up to an additional thirty (30) minutes (a “Standby Extension”). This request is subject to the Contractor’s availability and sole discretion to accept or decline. The Standby Extension fee is $50, payable in advance directly to the Contractor via Venmo, PayPal, or cash, or through a Company representative if digital payment is not feasible.

Unauthorized or unpaid extension requests made directly to the Contractor are not permitted. Repeated violations may result in account restrictions or removal from the platform.

16. Platform Fees and Payment Processing Fees

For all bookings made through the Surprise platform, the Company charges a platform fee consisting of a $65 flat fee plus 15% of the total booking amount (“Platform Fee”). This fee is deducted from the Customer’s payment before any funds are disbursed to the Contractor.

In addition, the Company uses Stripe to process payments. All standard Stripe processing fees (currently 2.9% + $0.30 per transaction, subject to change per Stripe’s terms) are deducted from the gross payment amount.

After deduction of the Platform Fee and Stripe processing fees, the remaining balance is paid to the Contractor. Contractors agree that this payment structure is fair and sufficient consideration for services rendered and accept the net payout as full compensation for the performance.

Contractors are responsible for providing and maintaining accurate payment details with Stripe or any other Company-approved payment provider. The Company is not responsible for payment delays caused by incorrect or outdated information provided by the Contractor.

17. Links to Third Party Sites/ Third Party Services

The Site may contain links to third-party websites, platforms, or services (“Linked Sites”), including but not limited to Stripe (for payment processing), Instagram, Twitter/X, TikTok, Facebook, and other social media or external services. These Linked Sites are not owned, controlled, or operated by the Company. They are provided solely for your convenience and access is at your own discretion.

 

The inclusion of any Linked Site does not imply:

  • Endorsement or recommendation by the Company;

  • Any affiliation or partnership with the third-party provider;

  • Responsibility by the Company for the accuracy, legality, or safety of the content or services provided through the Linked Site.

 

You acknowledge and agree that the Company:

 

  • Has no control over Linked Sites and assumes no responsibility for the content, privacy policies, business practices, or functionality of any Linked Site;

  • Will not be liable for any damages, losses, or disputes arising from your access to or use of any Linked Site;

  • May update, change, or remove links at any time, at its sole discretion.

18. Third Party Service Providers Including Stripe

Certain core services provided through the Site—such as payment processing via Stripe—are operated by third-party vendors under contractual relationships with the Company. By using such services, you acknowledge and agree that:

  • The Company may share limited necessary information (such as name, contact info, and payment data) with Stripe or other providers for the purpose of facilitating the transaction;

  • You are subject to Stripe’s Terms of Service and Privacy Policy, and must review those policies separately;

  • The Company is not responsible for delays, errors, fees, losses, or disputes resulting from the use of any third-party payment provider.

 

 

This section applies equally to all Clients and Contractors. By continuing to use the Site or Services, you accept the role of these third parties and agree to hold the Company harmless for any issues arising from their performance, conduct, or platforms.

19. No Unlawful Prohibited Use / Intellectual Property

Unless otherwise indicated, the Site is the proprietary property of the Company. All source code, databases, software, website designs, functionality, audio, video, text, photographs, graphics, and other content on the Site (collectively, the “Content”), as well as the trademarks, service marks, and logos contained therein (the “Marks”), are owned or licensed by the Company and are protected under applicable copyright, trademark, and other intellectual property laws.

The Content and the Marks are provided “AS IS” for informational and personal use only. Except as expressly provided in these Terms, no part of the Site, Content, or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, licensed, or otherwise exploited for any commercial purpose without the Company’s express prior written permission.

As a condition of your use of the Site, you agree:

 

  • Not to use the Site for any purpose that is unlawful or prohibited by these Terms;

  • Not to damage, disable, overburden, or impair the Site or interfere with any other user’s use;

  • Not to obtain or attempt to obtain any materials or information not intentionally made available or provided through the Site;

  • Not to modify, publish, transmit, reverse engineer, participate in the transfer or sale of, create derivative works from, or otherwise exploit any part of the Site’s content without authorization.

  • Your use of the Site does not entitle you to any ownership rights in the Site, the Content, or the Marks. All rights not expressly granted are reserved by the Company.

20. Performance Related Content & Music Use

The Company may provide onboarding, training, and creative guidance to Contractors, which can include stylistic suggestions, tips for character development, and support in crafting engaging performances. However, the Company does not provide music licenses or assume responsibility for the selection or legal use of music by Contractors.


Contractors perform live using backing tracks and are solely responsible for ensuring that their use of such music complies with applicable copyright and performance rights laws. This includes any obligations to secure appropriate performance licenses or permissions for public or private performances, depending on the location and nature of the event.


The Company does not monitor or approve music selections and disclaims all liability for the unauthorized use of copyrighted material in Contractor performances. By accepting bookings through the Site, Contractors represent and warrant that they have secured any required permissions to use their chosen performance materials, including but not limited to musical compositions and sound recordings.


Contractors agree to indemnify and hold harmless the Company for any claims, damages, or legal actions arising from their use of copyrighted material.

21. Use of Communication Services

The Site currently offers communication functionality that allows Clients to connect with Contractors through structured contact forms. When a Client submits a contact request, the message is sent directly to the Contractor’s email address using the Client’s provided email as the sender, and the Company is automatically copied (CC’d) on the communication. This ensures transparency and preserves a record of the interaction.


The Company may, in the future, introduce additional communication tools such as real-time chat systems hosted within the Site. These tools will be subject to these Terms and any additional terms or guidelines posted with them at the time of launch.


The Company phone number is available for general inquiries. After a booking is confirmed, Contractors may contact Clients directly by email or phone to coordinate details related to the performance. Such post-booking communications must remain professional and related solely to the booked services.


You agree to use all communication tools available on or through the Site (“Communication Services”) solely for lawful, appropriate, and service-related purposes. You agree not to engage in any of the following prohibited behaviors when using Communication Services, whether via email, contact forms, chat systems (when implemented), or any other medium:

  • Defaming, harassing, threatening, or otherwise violating the legal rights (including rights of privacy and publicity) of others;

  • Uploading or distributing any obscene, defamatory, infringing, or otherwise unlawful content;

  • Using or distributing material that violates intellectual property rights without authorization;

  • Uploading files containing viruses or harmful software;

  • Misrepresenting your identity or affiliation;

  • Advertising or promoting unrelated goods or services;

  • Conducting or forwarding spam, pyramid schemes, or chain letters;

  • Attempting to collect or misuse personally identifiable information from other users without consent;

  • Interfering with another user’s use of the Communication Services or the Site overall;

  • Violating any applicable law, regulation, or code of conduct.


The Company may, but is not obligated to, monitor, access, preserve, or disclose any communications conducted through the Site or routed via email where the Company is copied. Monitoring may occur to:

  • Ensure compliance with these Terms;

  • Investigate abuse, fraud, or suspicious activity;

  • Support Clients and Contractors in the performance or coordination of booked services;

  • Respond to legal obligations or law enforcement requests.


You acknowledge that no communication tool, including any future chat feature, is completely secure, and you agree to use caution when sharing personal information. The Company disclaims all liability for user-submitted content and communications, and it is not responsible for the conduct or views of users.

Violation of these rules may result in suspension or termination of your account, at the Company’s sole discretion.

22. Additional Communication Terms

To ensure the safety, professionalism, and accountability of all interactions on the Site, all communication between Clients and Contractors prior to the confirmation of an order must occur through Company-managed channels.

23. Pre-Booking Communication

The Site offers a “Contact Performer” feature that allows Clients to initiate inquiries regarding services. When used:

  • The Site sends an email to the Contractor’s email address on file;

  • The Client’s email address is used as the sender;

  • The Company is CC’d on all such communications for transparency, support, and compliance monitoring;

  • Contractors are required to respond via email and not to redirect the Client to any other platform or request alternate contact methods.

In the future, the Site may include a built-in messaging system, which will be the primary method for communications once launched. Until then, the above email workflow must be used.

24. Post Booking Communication

After an order is confirmed (i.e., payment has been submitted and acknowledged), direct communication between the Client and Contractor via email or phone may occur as needed for service execution. However, these communications must still adhere to our standards of conduct, professionalism, and safety.

25. Prohibited Pre-Booking Contact Sharing

Prior to a confirmed booking, Contractors and Clients may not share or request any of the following:

  • Personal or business phone numbers;

  • Email addresses outside of the Site-initiated “Contact Performer” channel;

  • Usernames or IDs for third-party messaging platforms (e.g., WhatsApp, Signal, Telegram, Discord);

  • Home or business mailing addresses;

  • Links to personal or business websites, portfolios, or external booking or application systems;

  • Social media handles or profiles (e.g., Instagram, Facebook, TikTok, X/Twitter);

  • Vimeo, YouTube, or other media platform links;

  • Any form, image, or document designed to collect or exchange contact information.

Attempts to bypass these restrictions—including indirect language or coded information—constitute a material breach of these Terms and will result in immediate removal or account termination.

26. Accessibility Waiver

We are committed to making the Site accessible. If you have an accessibility-related need to exchange contact information prior to booking, please contact our accessibility coordinator at surprisetelegrams@gmail.com to request an exception.

27. Payments and Identity Protection

To ensure the integrity of all transactions and protect both Clients and Contractors from fraud, all payments for services must be made through the Site using our secure third-party payment processor, Stripe. This is a core requirement of the platform, and any attempt to circumvent it constitutes a material breach of these Terms.

28. Payment Platform Requirements

To ensure the integrity of all transactions and protect both Clients and Contractors from fraud, all payments for services must be made through the Site using our secure third-party payment processor, Stripe. This requirement is non-negotiable and applies to all bookings and related fees made through the platform.

29. Platform Payment Requirements

  • Clients must not attempt to pay Contractors directly for services, whether by cash, check, Venmo, Zelle, PayPal, or any other external method, unless specifically approved in these Terms or by the Company.

  • Contractors must not request or accept payment outside of the Site for any performance arranged through the platform, with the sole exception of in-person gratuities (tips) given voluntarily by the Client after the performance has taken place.

  • The Company reserves the right to suspend or permanently remove any user who attempts to circumvent the payment system, solicits off-platform payments, or facilitates transactions outside of the Site in violation of these Terms.

All payments processed through the Site are subject to the platform’s posted cancellation, refund, and service fee policies. Any credits or refunds approved under these policies will be issued only back to the original payment method used, via Stripe.

30. In-Person Gratuities

Tips are encouraged and may be provided in one of two ways:


Prepaid Tips via the Site:

Clients may choose to add a gratuity during the checkout process as an optional add-on. These tips are processed through the Site and included as part of the official payment system.


In-Person Tips After the Performance:

Clients may also provide in-person tips to performer(s) after a completed performance. These may be in the form of cash or other direct payment methods (e.g., Venmo, PayPal, etc.). These discretionary, post-performance gratuities are:

  • Voluntary and solely at the Client’s discretion;

  • Not tracked or processed by the Site;

  • Not considered part of the Site’s official payment system for compliance or reporting purposes.

31. Account Integrity and Identity Protection

You are responsible for maintaining the confidentiality of your account login. Sharing account access or impersonating another user is strictly prohibited. If unauthorized access is detected, the Company may:

  • Restrict access to your account;

  • Withhold funds;

  • Initiate suspension or permanent removal.

32. Fraud and Scam Protection

A legitimate user will never:

  • Ask for or accept payment outside the Site (other than in-person tips);
  • Request that you cash a check, send money, or work without formal booking;
  • Ask for personal identifying information not related to a confirmed booking.

If you suspect fraud or inappropriate conduct, please report it to surprisetelegrams@gmail.com.

We reserve the right, in its sole discretion, to change the Terms under which surprisesigningtelegrams.com is offered. The most current version of the Terms will supersede all previous versions. We encourage you to periodically review the Terms to stay informed of our updates.

33. User Submissions and Contributions

The Site may allow users—including Clients and Contractors—to create, post, upload, display, transmit, publish, distribute, or otherwise share content and materials (“Contributions” or “Submissions”). These may include, but are not limited to:

  • Reviews of services or performances

  • Feedback, testimonials, or feature suggestions

  • Text, photos, performance videos, or other media

  • Comments or other publicly viewable content

 

These Submissions may be visible to other users of the Site and may also appear on Company-operated social media accounts, marketing materials, and public listings. As such, they may be treated in accordance with our Privacy Policy.

 

By submitting a Contribution, you represent and warrant that:

 

  1. You own or have all necessary licenses, permissions, rights, and consents to post, share, or grant the Company rights in the Contribution;

  1. Your Contribution does not infringe the proprietary rights of any third party, including but not limited to copyright, trademark, moral rights, or rights of privacy or publicity;

  2. Your Contribution is not defamatory, harassing, obscene, unlawful, violent, discriminatory, or otherwise objectionable;

  3. You have obtained consent from any identifiable individuals included in your Contribution;

  4. Your Contribution is not misleading, false, or designed to solicit business away from the Site or circumvent the booking and payment process;

  5. Your Contribution complies with applicable laws, these Terms of Use, and any other applicable policies.

 

By uploading or submitting a Contribution, you grant Surprise! Singing Telegrams, LLC and its affiliates a non-exclusive, worldwide, royalty-free, perpetual, irrevocable license to use, copy, distribute, publicly display, publicly perform, adapt, edit, translate, and reformat your Contribution in connection with the Site and the Company’s business operations, including but not limited to:

  • Displaying the Contribution on the Site or in user profiles;

  • Featuring it in marketing or promotional materials;

  • Sharing it on social media; and

  • Including it in service or performance listings.

 

Attribution: We may display your name (or first name and last initial) and city alongside your Submission. You may request anonymization by contacting surprisetelegrams@gmail.com.

 

Ethical Editing Only: We may correct minor spelling, grammar, or formatting issues in Submissions to improve readability. However, we will never alter the meaning, tone, or intent of your Contribution.

 

No Compensation: By submitting content, you acknowledge and agree that you are doing so voluntarily, and that no payment or compensation is expected or due now or in the future.

 

Moderation and Enforcement: The Company reserves the right, but not the obligation, to:

  • Monitor, moderate, edit, or remove any Submission;

  • Refuse publication of any Submission at its sole discretion;

  • Take action against users who violate these Terms or submit inappropriate, misleading, or infringing content.

 

All Contributions remain the responsibility of the user who submitted them. Submitting any material in violation of this section may result in the removal of the content, suspension of your access, or other remedies as outlined in these Terms of Use.

 

For Contractors, any Submissions made in the course of fulfilling services under a Booking shall be deemed Work Product and shall be governed by the ownership provisions of the Independent Contractor Agreement.

34. Performer Image Use and AI-Generated Promotional Materials

By uploading photos, participating in performances, or submitting content to Surprise Singing Telegrams LLC, you grant the Company and its affiliates a perpetual, worldwide, royalty-free, sublicensable, and irrevocable license to use, reproduce, modify, distribute, publicly display, and otherwise exploit your name, likeness, voice, signature, and any submitted images or video frames (collectively, “Likeness”) for promotional, advertising, and marketing purposes. This includes, but is not limited to, display on the Company’s website, social media, email marketing, and printed or digital advertisements.

You further grant explicit permission for the Company to create stylized, promotional content derived from your Likeness using generative artificial intelligence technologies, including but not limited to Runway ML Gen-2, Leonardo AI, or other similar tools. This may involve uploading 10–20 reference images to train a temporary likeness model for the purpose of creating cinematic or themed promotional media.

This consent covers both AI-generated materials and traditional (non-AI) images or video.

You affirm that you are the rights holder to your Likeness and grant the Company this license without requiring additional approval or compensation. Performer retains ownership of their underlying likeness rights and original media; this license is granted solely for the promotional and branding purposes of Surprise Singing Telegrams LLC and its affiliated platforms.

35. Materials Provided by surprisesingingtelegrams.com

The Company may, at its discretion, provide the Contractor with scripts, music selections, training materials, performance outlines, marketing content, or other performance-related materials (“Materials”) for use in connection with services rendered through the Site. All such Materials are the exclusive and proprietary intellectual property of the Company, protected by copyright, trade secret, and other applicable intellectual property laws.


Contractors agree and acknowledge that:

  • The Materials are provided solely for use in the performance of services booked and conducted through the Site;

  • The Materials may not be used, disclosed, copied, distributed, recorded, transmitted, modified, or adapted for any purpose outside of services rendered through the Site;

  • The Materials may not be used in connection with any competing service, platform, business, or performance, whether commercial or non-commercial;

  • Contractors shall not share the Materials with any third party, nor use them to train, develop, or support others for performance-related activities outside the scope of the Site; and

  • Contractors may not record or store any audio, video, or text copies of the Materials beyond what is necessary for fulfilling a specific performance scheduled through the Site.


Contractors understand that these obligations are in addition to those outlined in the Independent Contractor Agreement and survive any termination of access to the Site or Contractor status. Unauthorized use, reproduction, or disclosure of the Materials will constitute a material breach of both the Terms of Use and the Independent Contractor Agreement, and may result in immediate suspension or removal from the Site, and potential legal action including injunctive relief and damages.

Contractors are also bound by additional restrictions and obligations concerning materials, intellectual property, and confidentiality as set forth in the Independent Contractor Agreement, which shall control in the event of any conflict.

36. Indemnification

Each Client, Contractor, or other User of the Site agrees to defend, indemnify, and hold harmless the Company, along with its affiliates, subsidiaries, successors, assigns, licensors, officers, directors, employees, agents, and service providers, from and against any and all losses, liabilities, damages, claims, judgments, demands, costs, or expenses (including reasonable attorneys’ fees and costs) arising out of or in connection with:

  1. The use or misuse of the Site or any services arranged through the Site;

  2. Any breach or violation of these Terms of Use, including incorporated policies;

  3. Any breach of an Independent Contractor Agreement or other agreement with the Company;

  4. Any misrepresentation or violation of the warranties, representations, or obligations set forth in these Terms;

  5. Any violation of applicable law, regulation, or third-party rights, including intellectual property rights;

  6. Any disputes, claims, or damages arising from interactions or transactions between Clients and Contractors;

  7. Any personal injury, death, or property damage occurring in connection with services arranged through the Site;

  8. Any fraud, misconduct, harassment, discrimination, or other wrongful or unlawful act committed by the User in connection with the Site;

  9. Any direct communication, transaction, or arrangement initiated outside of the Site in violation of the Terms and platform use requirements.

This indemnity applies regardless of whether the User is acting in the capacity of a Client or Contractor.

37. Company's Right to Assume Defense

The Company reserves the right, at the User’s sole expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification. The User agrees to cooperate fully, at their own expense, with such defense and shall not settle any matter without the Company’s prior written consent.

38. Notice of Claims

The Company will make commercially reasonable efforts to notify the User of any such claim, demand, or action upon becoming aware of it. However, failure to provide such notice will not relieve the User of their indemnification obligations under this section.

39. Dispute Resolution and Governing Law

Informal Resolution First

 

If a dispute arises, both parties agree to first attempt to resolve the matter in good faith by contacting the Company at surprisetelegrams@gmail.com. You agree not to initiate any formal action without giving the Company a reasonable opportunity to resolve the concern.

 

Exclusive Venue: Small Claims Court

 

If a resolution cannot be reached informally, any legal action shall be brought exclusively in the Small Claims Division of the Orange County Superior Court in California, to the extent the claim qualifies under applicable monetary limits and requirements. You and the Company waive any right to a jury trial or to file suit in any other court unless small claims is unavailable.

 

Class Action Waiver

 

To the fullest extent permitted by law, all disputes must be resolved on an individual basis. Neither you nor the Company may bring a claim as a plaintiff or class member in any purported class, collective, consolidated, mass, or representative action.

Unless both you and the Company agree in writing, no arbitrator or judge may consolidate more than one person’s claims, or preside over any form of a representative or class proceeding. This includes, without limitation:

  • Class-wide arbitrations or lawsuits

  • Private attorney general actions

  • Consolidated actions by multiple clients or Contractors

 

By agreeing to these Terms, you acknowledge that you waive any right to a trial by jury or to participate in a class action against the Company.

 

Governing Law

 

These Terms shall be governed by and defined following the laws of California. The Company and yourself irrevocably consent that the courts of California shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these terms.

40. Liability Disclaimer

The Company provides the Site and Services—including communications, coordination, and scheduling of performances—on an “as-is” and “as-available” basis. While we strive for accuracy and reliability, the Site may contain errors, inaccuracies, or omissions, and content may not always be current or complete.

 

To the maximum extent permitted by law, we disclaim all warranties, express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. The Company makes no guarantees about the availability, performance, or results of the Services or Site, and disclaims liability for delays, cancellations, or dissatisfaction caused by Contractor or Client actions, force majeure, or third-party systems (such as Stripe or telecommunications providers).

 

Independent Contractors are not employees, agents, or legal representatives of the Company, and their actions, omissions, or representations are their sole responsibility, as further detailed in the Independent Contractor Agreement.

41. Limitation of Liability

To the fullest extent permitted by applicable law, the Company’s total liability for any claim arising out of or relating to these Terms, the Site, or the Services—whether in contract, tort, or otherwise—shall be limited to the total amount paid by the Client for the specific performance at issue.

In no event shall the Company be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, data, use, goodwill, or other intangible losses, even if we have been advised of the possibility of such damages.

 

You agree that your sole and exclusive remedy for dissatisfaction with the Site or Services is to stop using them. Refunds or credits, if any, shall be issued at the sole discretion of the Company and subject to any applicable refund policy.

 

This limitation of liability does not apply to indemnification obligations expressly set forth in these Terms.

42. Site Management

The Company reserves the right, but not the obligation, to take the following actions at any time and for any reason, in our sole discretion, in order to protect the integrity, safety, and functionality of the Site and Services:

  1. Monitor Usage: Monitor the Site and all related communications for violations of these Terms of Use, applicable laws, or our internal policies;

  2. Enforcement and Reporting: Take any legal or technical action we deem necessary against any User (Client or Contractor) who violates these Terms or applicable law, including, without limitation, suspension or termination of access, cancellation of services, and reporting to law enforcement or regulatory authorities;

  3. Moderate and Restrict Content: Restrict access to, limit the availability of, or disable (to the extent technologically feasible) any content or communications, including but not limited to Contributions or Submissions, that we determine, in our sole discretion, to violate these Terms or burden our systems;

  4. Remove or Disable Excessive or Harmful Content: Remove or disable any files, data, or content that are excessive in size, corrupt, unlawful, or in any way harmful to the Site, our users, or our business operations—without notice and without liability;

  5. Protect the Platform and Users: Take any other action necessary to manage and maintain the Site in a manner that protects our legal rights, third-party rights, the interests of our users, and the efficient delivery of our Services.

 

These rights are exercised to maintain a safe, professional, and functional environment for both Clients and Contractors. By using the Site, yo

43. User Data

The Company may collect, process, and store certain data transmitted to the Site by Users, including but not limited to information related to account activity, transactions, performance history, preferences, and other usage data (“User Data”). This data is retained for the purpose of facilitating, improving, and managing the Site, its features, and the Services provided through it.

While we perform routine data backups and use commercially reasonable security measures, we do not guarantee that there will be no loss or corruption of data. You are solely responsible for maintaining backups of any data or content you submit, store, or generate on the Site, including but not limited to messages, media, submissions, and performance-related information.

 

To the fullest extent permitted by law, the Company disclaims all liability for any loss, corruption, unauthorized access, or other issues involving User Data. You hereby waive any claims or rights of action arising out of any such loss, damage, or unavailability of data.

 

By using the Site, you acknowledge and agree that:

  • The Site is not intended to be a long-term storage or data archival solution;

  • Data retention is subject to the Company’s discretion and internal policies;

  • The Company may, but is not obligated to, retain or provide access to deleted or removed content, unless required by law.

 

Contractors acknowledge additional obligations under their Independent Contractor Agreement to safeguard Company data, performance-related information, and any confidential materials shared during the course of providing Services.

 

If you have specific data management needs or are subject to data retention requirements (e.g., for business or legal compliance), it is your responsibility to maintain your own secure records independent of the Site.

44. Termination Access Restriction

These Terms of Use remain in full force and effect while you access or use the Site, including its services and communications. The Company  reserves the right, at our sole discretion and without prior notice or liability, to restrict, suspend, or terminate your access to the Site—whether as a Client, Contractor, or visitor—for any reason or no reason at all. This includes but is not limited to violations of these Terms of Use, applicable laws, or behaviors that harm the safety, integrity, or reputation of the Site, its users, or the Company.

This termination may include, without limitation:

  • Blocking certain IP addresses or device identifiers;

  • Deleting or disabling your account and any related data;

  • Preventing future access to the Site or services;

  • Cancelling pending or future transactions.

If your account is suspended or terminated for any reason, you may not create a new account or use the Site under any name, assumed or real, without express written consent from the Company. This includes creating accounts on behalf of others or using a third party to bypass restrictions.


Where termination involves a Contractor, such action will be taken in accordance with the Independent Contractor Agreement, including the notice and remedy provisions set forth therein.

The Company also reserves the right to pursue all legal remedies available, including but not limited to civil claims, criminal complaints, and injunctive relief, to address any breach or misconduct.

45. Changes to Terms

We reserve the right, at our sole discretion, to modify these Terms of Use at any time. Updated Terms will be posted to the Site with a “Last Updated” date. Your continued use of the Site after any such changes constitutes your acceptance of the updated Terms. You are encouraged to regularly review the Terms to stay informed of any updates.

46. Entire Agreement and Recordkeeping

These Terms, along with our Privacy Policy and any supplemental policies, constitute the entire agreement between you and the Company regarding the Site. They supersede any prior or contemporaneous communications, whether electronic, oral, or written. A printed version of this agreement and any related notices shall be admissible in legal proceedings to the same extent as other business records.

47. Miscellaneous

These Terms of Use, along with our Privacy Policy, Independent Contractor Agreement (where applicable), and any additional terms or policies posted on the Site, constitute the entire agreement and understanding between User and the Company with respect to your access to and use of the Site. They supersede any prior or contemporaneous communications, representations, or agreements, whether oral or written.

 

Our failure to enforce or exercise any provision or right under these Terms shall not constitute a waiver of that right or provision, nor shall any course of conduct between you and us or any third party be deemed to modify any provision of these Terms.

These Terms shall be construed to the fullest extent permissible under applicable law. We may assign, transfer, or delegate any or all of our rights and obligations under these Terms at any time without notice or consent. You may not assign or transfer your rights or obligations without our prior written approval.

 

We are not liable for any delay or failure to perform resulting from causes beyond our reasonable control, including but not limited to acts of God, war, terrorism, cyber-attacks, power outages, supply chain failures, strikes, pandemics, natural disasters, or legal or regulatory changes.

 

If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision will be severed from these Terms without affecting the validity and enforceability of the remaining provisions. The remaining provisions shall continue in full force and effect.

 

No joint venture, partnership, employment, or agency relationship is created between you and the Company as a result of these Terms or your use of the Site. You agree that these Terms will not be construed against the Company by virtue of having been drafted by us. You hereby waive any defenses you may have based on the electronic form of these Terms and the absence of physical signatures by the parties.

48. Contact Us

If you have questions, concerns, or wish to resolve a complaint related to the Site or your experience with Surprise! Singing Telegrams, LLC, you may contact us at:

Email: surprisetelegrams@gmail.com

We will make reasonable efforts to respond promptly and in good faith to address and resolve concerns wherever possible without resorting to formal legal action.