Legal
Effective date: May 21, 2026 · Last updated: May 21, 2026 · Governing jurisdiction: New York, NY
Please read these Terms carefully. By completing a purchase on this website, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service in their entirety. If you do not agree, do not purchase.
These Terms constitute a legally binding agreement between you, the purchaser ("Client"), and The Dark Secret LLC, a New York limited liability company ("Company," "we," "us," or "our"), operating at darksecret.nyc.
The Dark Secret provides a single, theatrical appearance service ("the Service"). Upon purchase, the Company agrees to dispatch a professional performer to appear at the Client's memorial or funeral service. The performer will:
The Service is theatrical in nature. The Company makes no representations regarding the emotional, psychological, or social effect of the Service on attendees. The Company is not a funeral home, bereavement service, grief counselor, or licensed memorial provider of any kind.
The Service is available within the New York metropolitan area, including the five boroughs of New York City, Long Island, Westchester County, northern New Jersey, and coastal Connecticut. Services requested outside this area are subject to availability and may incur additional fees, which will be communicated prior to confirmation. The Company reserves the right to decline any booking outside its standard service area.
The Client acknowledges that delivery of the Service is contingent upon the Client's designated executor, estate representative, or authorized contact ("Executor") notifying the Company of the service date, time, and location. The following conditions apply:
Each reservation is valid for ten (10) years from the date of purchase ("Validity Period"). If the Service has not been delivered within the Validity Period due to the Client's death not occurring, failure of the Executor to make contact, or any other reason not attributable to the Company, the reservation expires automatically and no refund will be issued.
The Company does not guarantee its continued operation beyond the Validity Period. In the event the Company ceases operations prior to the expiration of any active reservation, the Company will make reasonable efforts to provide a prorated refund to affected Clients or their estates.
The Service is priced at $500.00 USD per reservation at time of publication. Payment is processed securely through Stripe. All prices are in US dollars and inclusive of applicable fees. The Company reserves the right to change pricing for future purchases; existing confirmed reservations will be honored at the price paid.
All sales are final. The Company does not offer refunds under any circumstances except as expressly stated in Sections 4 and 5 of these Terms. By completing your purchase, you expressly waive any right to a refund except in the case of a scheduling conflict caused by the Company (Section 4) or Company cessation of operations prior to reservation expiry (Section 5).
Clients are encouraged to resolve any questions about the Service prior to purchase. The Company is not responsible for purchases made in error, changes in the Client's circumstances, or dissatisfaction with the Service concept.
Reservations are non-transferable and may not be assigned, gifted, sold, or otherwise conveyed to any third party. Each reservation is issued exclusively for the named Client's memorial service. Reservations purchased as gifts are not permitted.
To the maximum extent permitted by applicable law, the Company's total liability to the Client for any claim arising out of or relating to these Terms or the Service shall not exceed the amount paid by the Client for the reservation ($500.00 USD).
The Company shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to emotional distress of attendees, reputational harm, family dispute, or failure of the Service to produce any particular reaction or effect.
The Company is not liable for failure to perform due to circumstances beyond its reasonable control, including but not limited to acts of God, extreme weather, civil unrest, pandemic, venue restrictions, or any action by a third party preventing access to the service location.
The Client agrees to indemnify, defend, and hold harmless the Company and its members, employees, contractors, and agents from and against any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising out of or relating to: (a) the Client's breach of these Terms; (b) any claim by a third party arising from the Client's purchase or use of the Service; or (c) any misrepresentation made by the Client in connection with the Service.
The Company's performer will conduct herself with professionalism and discretion at all times. However, the Client acknowledges and agrees that:
The Company collects only the information necessary to fulfill the reservation: name, email address, and service logistics provided by the Executor. This information is not sold, shared, or disclosed to any third party except as required by law. The Company treats all Client communications with strict confidentiality. The Company will never disclose the existence of a reservation to any third party, including family members, without the Client's explicit written consent.
These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions. Any dispute arising under these Terms shall be resolved exclusively in the state or federal courts located in New York County, New York, and both parties consent to the personal jurisdiction of such courts.
Prior to initiating any legal proceeding, the parties agree to attempt to resolve any dispute through good-faith negotiation for a period of thirty (30) days.
These Terms constitute the entire agreement between the Client and the Company with respect to the Service and supersede all prior or contemporaneous communications, representations, or agreements, whether written or oral. If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
The Company reserves the right to update these Terms at any time. Changes will be posted on this page with an updated effective date. Continued use of the Service following any changes constitutes acceptance of the revised Terms. Existing confirmed reservations are governed by the Terms in effect at the time of purchase.
For questions regarding these Terms or your reservation, contact us at: hello@darksecret.nyc
These Terms of Service were prepared for informational purposes. The Dark Secret recommends consulting a licensed New York attorney prior to accepting payments to confirm these Terms are appropriate for your specific circumstances.