Terms and Conditions

Welcome to Smiling Singing Telegrams!

These terms and conditions outline the rules and regulations for the use of Smiling Singing Telegrams's Website, located at https://singingandsmiles.com.

By accessing this website, we assume you accept these terms and conditions. Do not continue to use Smiling Singing Telegrams if you do not agree to take all of the terms and conditions stated on this page.

Terms and Conditions for Pre-Recorded Elvis Video Singing Telegrams

1. Booking and Payment:

• Reservation: Pre-recorded video singing telegrams must be booked at least 48 hours in advance to allow for customization and recording. Rush orders (less than 48 hours) may be accommodated depending on availability but will incur an additional fee.

• Payment: Full payment is required at the time of booking. Payment confirms your order and secures the production of the video.

2. Personalization:

• Customization: Each pre-recorded video includes a personalized message and a performance of one Elvis song of your choice. Additional songs, extended messages, or other customizations may incur an extra fee.

• Content Submission: Clients must submit any required information (e.g., recipient’s name, special message, song selection) at the time of booking. Failure to provide this information may result in delays.

3. Delivery:

• Video Format: The video will be delivered in MP4 format unless otherwise requested. If a different format is required, this must be discussed during the booking process.

• Delivery Time: The pre-recorded video will be delivered via email or file-sharing link within 48 hours of booking, unless it is a rush order. Rush orders will be delivered within 24 hours, provided all required information is submitted promptly.

• Delivery Platform: The video link will be sent via email to the client. If an alternate delivery method is needed (e.g., direct delivery to the recipient), please specify at the time of booking.

4. Cancellations and Refunds:

• Cancellations by Client: Due to the personalized nature of the video telegram, all sales are final. No refunds will be issued once the video has been recorded or is in production.

• Rescheduling: If the client needs to change the song or message after booking but before the video has been recorded, changes may be accommodated if requested within 24 hours of booking, subject to availability. Additional fees may apply for changes.

5. Usage and Distribution:

• Personal Use: The pre-recorded video telegram is for personal use only. It may be shared privately with the intended recipient, friends, and family.

• Commercial Use: The video may not be used for any commercial purposes, including but not limited to advertising, promotions, or paid media distribution, without prior written consent.

• Social Media Sharing: If the client wishes to share the video on social media, they may do so. However, the performer reserves the right to request proper credit or, in certain cases, restrict the video’s distribution on certain platforms.

6. Quality and Satisfaction:

• Performance Quality: Every effort is made to ensure the highest sound and video quality in each pre-recorded video. The performance will be clearly audible, and the performer will be dressed in authentic Elvis attire to enhance the experience.

• Satisfaction Guarantee: If the video does not meet the agreed-upon specifications (e.g., incorrect song or message), the performer will re-record the video at no additional charge. The client must notify the performer of any issues within 24 hours of receiving the video.

7. Privacy and Data Use:

• Client Information: All personal information, including names, messages, and emails, will remain confidential and will only be used for the purpose of delivering the video telegram.

• Media Usage: By booking a video telegram, the client agrees that the performer may use excerpts from the video for promotional purposes, unless the client explicitly requests otherwise in writing.

8. Force Majeure:

• In the event of technical issues, illness, or other unforeseen circumstances preventing the timely completion of the video, the performer will offer the client the option to reschedule or receive a full refund.

9. Agreement:

• By booking a pre-recorded Elvis video singing telegram, the client acknowledges that they have read, understood, and agreed to the terms and conditions outlined above.

Terms and Conditions for In Person Singing Telegrams

1. Booking and Payment:

• Reservation: All Singing Telegrams must be booked at least 48 hours in advance. Last-minute bookings are subject to availability.

• Deposit: A 50% non-refundable deposit is required at the time of booking to secure the date and time of the performance.

• Final Payment: The remaining balance must be paid in full no later than 24 hours prior to the performance. For in-person telegrams, any additional travel fees (if applicable) will be included in the final payment.

2. Cancellations and Refunds:

• Cancellations by Client: Cancellations made more than 48 hours before the scheduled performance will result in the loss of the deposit, but no further charges will apply. Cancellations made less than 48 hours prior to the performance will be charged in full.

• Rescheduling: Clients may request to reschedule the performance up to 24 hours in advance, subject to availability. Rescheduling requests made within 24 hours of the performance will incur a 10% surcharge.

• Cancellations by Performer: In the rare event that we are unable to fulfill the booking (e.g., due to illness or unforeseen circumstances), we will refund the full amount, including the deposit, or offer to reschedule at no additional cost.

3. Performance Details:

• Song Selection: Clients may choose specific songs from a pre-selected list provided during the booking process. Custom song requests are subject to approval and may incur an additional fee.

• Performance Duration: The duration of each telegram is determined by the selected package. The performer will adhere to the allotted time, and any additional time requested on the day of the performance will be billed accordingly.

• Audience Participation: In-person telegrams may include light audience interaction; however, the performer reserves the right to modify or limit interaction based on the nature of the event or at the request of the client.

4. Travel and Location:

• Travel Radius for In-Person Telegrams: The base price includes travel within a 30-mile radius of [specified location]. For locations beyond this radius, a travel fee of $1.00 per mile will be applied.

• Access and Setup: The client is responsible for ensuring the performance area is safe, accessible, and free of any hazards. If performing in a public venue, any necessary permissions or approvals must be obtained by the client in advance.

• Delays: If the performance is delayed due to client-related issues (e.g., late arrival, access issues), additional fees may be applied for the performer’s extended time.

5. Virtual Telegrams:

• Technology Requirements: The client is responsible for ensuring a stable internet connection and the proper platform for the virtual performance (e.g., Zoom, Skype, etc.). The performer is not responsible for technical difficulties on the client’s end.

• Recording: The client may record the virtual telegram for personal use only. Any distribution or sharing of the recording for commercial purposes is strictly prohibited without prior written consent.

6. Performer Conduct and Liability:

• Professionalism: The performer will conduct themselves in a professional manner at all times. Any inappropriate or offensive behavior from the client or guests may result in the immediate termination of the performance, with no refund.

• Liability: The performer is not responsible for any injuries or accidents that occur during the performance.

7. Special Requests and Customizations:

• Custom Messages or Add-ons: Personalized messages or special requests (e.g., props, additional songs) must be discussed and confirmed during the booking process. Additional fees may apply for customizations.

• Surprise Telegrams: If the telegram is meant to be a surprise, the client must provide clear instructions to ensure the smooth execution of the performance.

8. Privacy and Media:

• Client Information: Personal information collected for the purpose of booking the telegram will remain confidential and will not be shared with third parties.

• Media Usage: The client agrees that photos or videos of the performance may be used for promotional purposes by the performer, unless the client explicitly requests otherwise in writing prior to the performance.

9. Force Majeure:

• The performer is not liable for any cancellations or delays due to circumstances beyond their control, such as extreme weather conditions, natural disasters, or other unforeseen events. In such cases, the client will be offered the option to reschedule or receive a full refund.

10. Agreement:

• By booking a Singing Telegram, the client acknowledges that they have read, understood, and agreed to the terms and conditions outlined above.

Cookies:

The website uses cookies to help personalize your online experience. By accessing Smiling Singing Telegrams, you agreed to use the required cookies.

A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you and can only be read by a web server in the domain that issued the cookie to you.

We may use cookies to collect, store, and track information for statistical or marketing purposes to operate our website. You have the ability to accept or decline optional Cookies. There are some required Cookies that are necessary for the operation of our website. These cookies do not require your consent as they always work. Please keep in mind that by accepting required Cookies, you also accept third-party Cookies, which might be used via third-party provided services if you use such services on our website, for example, a video display window provided by third parties and integrated into our website.

License:

Unless otherwise stated, Smiling Singing Telegrams and/or its licensors own the intellectual property rights for all material on Smiling Singing Telegrams. All intellectual property rights are reserved. You may access this from Smiling Singing Telegrams for your own personal use subjected to restrictions set in these terms and conditions.

You must not:

• Copy or republish material from Smiling Singing Telegrams

• Sell, rent, or sub-license material from Smiling Singing Telegrams

• Reproduce, duplicate or copy material from Smiling Singing Telegrams

• Redistribute content from Smiling Singing Telegrams

This Agreement shall begin on the date hereof.

Parts of this website offer users an opportunity to post and exchange opinions and information in certain areas of the website. Smiling Singing Telegrams does not filter, edit, publish or review Comments before their presence on the website. Comments do not reflect the views and opinions of Smiling Singing Telegrams, its agents, and/or affiliates. Comments reflect the views and opinions of the person who posts their views and opinions. To the extent permitted by applicable laws, Smiling Singing Telegrams shall not be liable for the Comments or any liability, damages, or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.

Smiling Singing Telegrams reserves the right to monitor all Comments and remove any Comments that can be considered inappropriate, offensive, or causes breach of these Terms and Conditions.

You warrant and represent that:

• You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;

• The Comments do not invade any intellectual property right, including without limitation copyright, patent, or trademark of any third party;

• The Comments do not contain any defamatory, libelous, offensive, indecent, or otherwise unlawful material, which is an invasion of privacy.

• The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.

You hereby grant Smiling Singing Telegrams a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats, or media.

No use of Smiling Singing Telegrams's logo or other artwork will be allowed for linking absent a trademark license agreement.

Disclaimer:

To the maximum extent permitted by applicable law, we exclude all representations, warranties, and conditions relating to our website and the use of this website. Nothing in this disclaimer will:

• Limit or exclude our or your liability for death or personal injury;

• Limit or exclude our or your liability for fraud or fraudulent misrepresentation;

• Limit any of our or your liabilities in any way that is not permitted under applicable law; or

• Exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort, and for breach of statutory duty.

We will not be liable for any loss or damage of any nature.