Legal Information-Please Read Carefully

While the likeness of  Santa, Mrs Claus, and St Nicholas are public domain, our portrayals of these legendary Christmas figures are not public domain. "Black Hills Santa: West River's Authentic Santa & Mrs Claus and St Nicholas" is trademarked with the State of South Dakota. All South Dakota Trademark laws are applicable. See:https://casetext.com/statute/south-dakota-codified-laws/title-37-trade-regulation/chapter-6-trademark-and-service-mark-protection

Due to the cost of cleaning and maintenance of clothing, Black Hills Santa and/or  Mrs. Claus or St Nicholas will not perform in venues where tobacco smoke is present. If Santa and/or Mrs. Claus or St Nicholas arrive at an event in which smoke is present, the venue host will incur a cost of $100 for the cleaning of Entertainer(s) clothing. Host is responsible for adequate child supervision, secure entry/departure/parking, and items marked as “provided by host” on Services page of this website. Black Hills Santa and/or Mrs. Claus or St Nicholas will arrive approximately 5 minutes before event (home)/10 minutes (business) to meet with host(ess), unless previously arranged.  If individual gifts are to be handed out by Santa and/or Mrs. Claus, there should be a gift for each child at the event, clearly labelled. 

Santa does not provide a photographer and all photos taken of Santa and/or Mrs. Claus, whether by individuals or professional photographers, are for private or personal use of the client/s and their guests only and may not be used for commercial or promotional use without the express permission of Black Hills Santa. Any person or business who uses photos of Black Hills Santa and/or Mrs. Claus to promote an event must have gained approval of Black Hills Santa and promotional advertisements must list "Black Hills Santa SM" and/or "Mrs. Claus" as the performer somewhere within event promotion if the generic name "Santa" is used to promote event. If host(ess) uses Facebook and/or Instagram or any other media to promote event "Black Hills Santa SM" must be tagged in promotion i.e. (@blackhillssanta). 

Should any activities at the event venue create a volatile or harmful situation that may endanger the safety and well-being of Santa and/or Mrs. Claus or St Nicholas or be of a nature unbecoming or negative to traditional Christmas/Holiday activities or if there is any presence of illegal substances or activities, Black Hills Santa and/or Mrs. Claus  or St Nicholas have full rights to immediately terminate appearance and leave the venue. Further, the client will still be liable for the full value of the event performance. 

The host(ess) will not allow any other adult to dress as Santa Claus, Saint Nicholas, Mrs. Claus, or any other Christmas character that could be viewed by guests and/or the general public as representing Black Hills Santa and/or Mrs. Claus while Black Hills Santa and/or Mrs. Claus is at event. If other adults are dressed as these aforementioned characters while Black Hills Santa and/or Mrs. Claus is at event it will be treated as a breech of contract and Black Hills Santa and/or Mrs. Claus will be free to leave event immediately and host(ess) will be liable for the full value of the contract.

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