Terms of service

Terms and Conditions of Shake Party
Last updated: 31 July 2026

§1 Provider and Scope

The contracting party is:

Shake Party
Owner: Alona Yanchenko
Holunderweg 9
65510 Idstein
Germany
Telephone: +49 178 3111805
Email: shakeparty.de@gmail.com

These Terms and Conditions apply to all contracts between Shake Party and its customers concerning the organisation of events and the provision of other services, as well as the sale of goods and the supply of digital content. Event services include, in particular, children’s entertainment, appearances by costumed characters, shows, workshops, school and corporate events, weddings, city and summer festivals, and other entertainment programmes.

Individual agreements contained in an offer or booking confirmation take precedence. Any differing terms of the customer apply only if Shake Party has expressly agreed to their application in text form.

§2 Offers and Conclusion of the Contract

The presentation of services, goods and digital content on the website does not constitute a binding offer to enter into a contract unless expressly stated otherwise.

An enquiry from a customer concerning an event does not, by itself, constitute a booking. A contract for an event is concluded once Shake Party has confirmed the booking in text form, for example by email or messenger, and the agreed deposit has been received, provided that payment of the deposit was agreed as a condition of the booking.

When placing an order through the online store, the customer submits a binding offer to enter into a contract by clicking the button used to complete the order. The contract is concluded when Shake Party expressly accepts the order, dispatches the goods or supplies the digital content. An automatically generated acknowledgement of receipt of the order does not, by itself, constitute acceptance unless expressly stated otherwise in that acknowledgement.

Before the contract is concluded, the customer is given the opportunity to review these Terms and Conditions and the applicable store policies.

§3 Prices, Travel Costs and Payment

The prices stated in the individual offer, booking confirmation or ordering process apply. Shipping costs, travel costs and agreed additional services are shown separately before the contract is concluded.

As the small-business regulation under § 19 of the German Value Added Tax Act (UStG) applies, the transactions are exempt from VAT; VAT is therefore not shown separately.

An agreed deposit is credited towards the total price. Unless otherwise agreed by the by parties, the remaining amount for an event is payable on the day of the event using the payment method specified in the booking confirmation.

The crediting and refunding of a deposit in the event of cancellation, rescheduling or withdrawal are governed by §9 of these Terms and Conditions.

§4 Scope of Event Services

The content and scope of the booked programme are determined by the individual offer and booking confirmation. Descriptions and images on the website explain the nature of the relevant service but do not replace the specifically agreed scope of services.

Shake Party may reasonably adapt individual games, the sequence of the programme or the props used, taking into account the age and number of participants, conditions at the venue, weather conditions and safety requirements, provided that the overall nature, duration and value of the agreed programme are maintained and the change is reasonable for the customer.

Any material change to the agreed nature of the service or replacement of an essential booked programme element is permitted only with the customer’s consent. If a particular game, sequence or other programme element was not expressly agreed, the customer is not entitled to its performance or to any specific programme sequence.

§5 Information and Cooperation Required from the Customer

The customer must provide the date, time and exact address of the event, the age and expected number of participants, the desired language of the programme, the details of a contact person at the venue and any other circumstances essential to the performance of the order in a timely and accurate manner.

Any material changes to this information must be communicated without delay. If the actual conditions differ materially from the agreed conditions, the programme may be reasonably adapted. Additional paid services are provided only after a separate agreement has been reached.

The customer must ensure that Shake Party’s staff have timely access to the venue and are able to prepare by the agreed start time of the programme.

§6 Venue and Outdoor Events

The customer must provide a lawful, safe venue suitable for the agreed programme, sufficient space and unobstructed access, and must obtain any necessary permission from the owner of the premises, restaurant, hotel, park or other venue.

If electricity, water, tables or other facilities have been agreed as necessary for the programme, the customer must ensure that they are available at the start of the event.

For outdoor events, the customer must arrange in advance a suitable alternative location protected from rain, strong winds, heat and other hazardous weather conditions. If the programme cannot be conducted safely because agreed conditions have not been provided or no suitable alternative location is available, Shake Party may suspend the programme, omit unsafe programme elements or end the performance. The payment consequences are governed by the applicable statutory provisions and, where applicable, by the policy referred to in §9; expenses saved by Shake Party will be expenses saved by Shake taken into account.

§7 Supervision of Children and Safety

Parents, legal representatives or adult accompanying persons appointed by them are responsible for supervising participating children throughout the event. Unless expressly agreed otherwise, Shake Party’s services are not childcare services, and Shake Party’s staff do not assume any general duty of supervision.

A sufficient number of responsible adults must remain present throughout the event. The customer must provide advance notice of any known allergies, health restrictions or other circumstances relevant to safe participation and must ensure compliance with reasonable safety instructions.

This section does not limit Shake Party’s own contractual obligations or its liability under §16.

§8 Delays and Programme Duration

If the agreed start is delayed for reasons attributable to the customer or the venue, the duration of the programme may be reduced by the corresponding period of delay. There is no automatic entitlement to an extension; an extension is possible only by separate agreement and subject to the necessary time being available.

If the customer fails to appear at all, the cancellation conditions referred to in §9 apply.

If the delay is attributable to Shake Party, Shake Party will provide the agreed programme duration wherever possible. If this is not possible, the price will be reduced in proportion to the part of the service that was not provided. The customer’s remaining statutory rights are unaffected.

§9 Cancellation, Rescheduling, Withdrawal and Refunds

For contracts concerning services related to leisure activities that are to be provided on a specific date or during a specific period, including children’s entertainment, shows, workshops and other event programmes, there is generally no statutory 14-day right of withdrawal pursuant to § 312g Abs. 2 Nr. 9 BGB.

The voluntary conditions governing the cancellation and rescheduling of a booking, the amount of any compensation, the crediting of a deposit, the treatment of separately agreed travel costs and the rules governing refunds are set out in our Refund, Cancellation and Withdrawal Policy. If this policy was made available to the customer before the contract was concluded and its application was agreed, it becomes part of the contract. The version provided to the customer when the contract was concluded applies.

The same policy contains information about the statutory right of withdrawal and its exclusions for standard and personalised physical goods, digital content and other services, as well as a model withdrawal form.

§10 Conduct of Participants and Termination of the Programme for Safety Reasons

Participants must comply with reasonable safety-related instructions given by Shake Party’s staff. In the event of aggressive behaviour, serious disruption, intoxication through alcohol or drugs, or any other specific threat to people, equipment or property, Shake Party may temporarily suspend the programme and require the danger to be removed.

If the disruption continues after a warning, or if a warning is impossible or unreasonable because of an immediate serious danger, Shake Party may terminate the provision of the service. In such a case, questions concerning payment, damages and the crediting of expenses saved are governed by the applicable law. This provision alone does not create an automatic contractual penalty or an unconditional obligation to pay the full price.

§11 Inability of Shake Party to Provide the Service

If Shake Party is unable to provide the agreed service, in particular because of the sudden illness of or an accident involving the scheduled performer, the customer will be informed without delay. The use of an equivalent replacement performer, the provision of a different programme or rescheduling to another date is possible only with the customer’s consent.

If no replacement arrangement or new date is agreed and the service is not provided, any payments received for the service that was not provided will be refunded. The customer’s remaining statutory rights are unaffected.

If performance becomes wholly or partially impossible because of an unavoidable circumstance beyond the reasonable control of the parties, the consequences provided for by law apply. Where possible, the parties will seek to agree on a reasonable alternative solution.

Ordinary staffing, transport or organisational difficulties do not, by themselves, constitute force majeure and will be assessed under the applicable statutory provisions.

§12 Physical Goods, Delivery and Rights in the Event of Defects

The characteristics of goods are determined by the product description and individual agreements. Delivery times, method of delivery, delivery area and delivery costs are specified in the offer or during the ordering process.

Ownership of delivered goods remains with Shake Party until the relevant order has been paid for in full. The transfer of risk is governed by the applicable statutory provisions.

If goods or services are defective, the customer is entitled to the statutory remedies. These Terms and Conditions do not limit the customer’s rights to subsequent performance, replacement delivery, a price reduction, withdrawal from the contract or damages, provided that the applicable statutory requirements are met.

§13 Personalised Orders and Digital Content

For a personalised order, the customer must check the names, dates, texts, images and other information provided before giving final approval. Shake Party produces the order on the basis of the approved information. The customer’s statutory rights in the event of defects remain unaffected.

The customer confirms that they are entitled to provide the texts, photographs, audio files and other materials submitted for the performance of the order and that their agreed use does not infringe the rights of third parties. If the customer culpably breaches this obligation, the customer’s liability is governed by the applicable law.

Unless expressly agreed otherwise, when digital content is supplied, the customer receives a non-exclusive, non-transferable a non-exclusive licence to use it for private, non-commercial purposes. The scope, format and method of supply are determined by the product description or individual offer.

If the law requires the customer’s separate express consent and acknowledgement of the consequences for their right of withdrawal before the supply of digital content can begin during the withdrawal period, those declarations will be obtained separately. Mere acceptance of these Terms and Conditions does not replace them.

§14 Photography and Video Recording

Photography or video recording by Shake Party and the use of such material on social media, on the website or for advertising purposes take place only where there is an appropriate legal basis. Where processing is based on consent, consent is obtained separately from identifiable adults and, in the case of minors, from their legal representatives. A booking alone does not constitute consent to publication.

Consent may be withdrawn with effect for the future. Withdrawal does not affect the lawfulness of processing carried out before consent was withdrawn.

The customer and guests may make recordings for private purposes, provided that this does not interfere with the programme or infringe the rights of Shake Party’s staff or third parties. Commercial use of such recordings requires separate permission from the relevant rights holders and the persons depicted.

§15 Gift Vouchers and Promotions

Paid gift vouchers may be redeemed within the statutory limitation period. This period is generally three years and begins at the end of the calendar year in which the voucher was purchased, unless otherwise provided by law.

The value of a paid gift voucher is not paid out in cash unless otherwise provided by law or a separate agreement. Separate reasonable time limits and conditions may apply to free promotional vouchers, discount codes and prizes and will be communicated in connection with the relevant promotion.

§16 Liability

Shake Party has unlimited liability for damage caused intentionally or through gross negligence, for culpable injury to life, limb or health, and in cases of mandatory statutory liability, in particular under the German Product Liability Act (Produkthaftungsgesetz), where a guarantee has been assumed or where a defect has been fraudulently concealed.

In the event of property damage or financial loss caused by slight negligence, Shake Party is liable only for the breach of a material contractual obligation whose proper fulfilment is essential to the performance of the contract and on whose fulfilment the customer may ordinarily rely. In this case, liability is limited to the damage that is typical for the contract and foreseeable when the contract is concluded.

In all other cases, liability for slight negligence is excluded. The above limitations of liability also apply for the benefit of Shake Party’s legal representatives, employees and other persons engaged by Shake Party to perform the contract.

§17 Applicable Law, Governing Version and Final Provisions

The law of the Federal Republic of Germany applies. In relation to a consumer, this choice of law does not deprive the consumer of the protection granted by the mandatory provisions of the law of the country in which the consumer has their habitual residence, insofar as those provisions apply.

Jurisdiction is determined by the mandatory statutory provisions.

The version of these Terms and Conditions provided to the customer when the relevant contract is concluded applies to that contract. Subsequent amendments do not apply retroactively to contracts already concluded without a separate agreement or legal basis.

If any individual provision of these Terms and Conditions has not become part of the contract, in whole or in part, or is invalid, the remaining contractual provisions remain effective. The applicable statutory provisions apply in place of the affected provision.