TERMS AND CONDITIONS

(Effective February 2025)

All signed contracts after this date

It is highly encouraged that you read the following Terms & Conditions carefully before booking. By proceeding with a booking, you acknowledge and agree to the terms outlined

For Services provided

Parties: Known as "Provider" and known as "Client"

Collectively, all of the above people or businesses entering this Agreement will be referred to as the "Parties."

PURPOSE OF THE AGREEMENT

Client wishes to hire Provider to provide services relating to Client’s submitted inquiry. Provider has agreed to provide such services according to the terms of this Agreement.

TERMS

Services

Provider shall provide Client with items agreed upon to be supplied by provider

Location & Delivery of Services

Location. Provider shall deliver Services to Client by either pickup with a designated location given by Provider or delivery to exact address designated on inquiry given by the Client.

Delivery of Services. Provider will provide all Services by unless otherwise specified in this Agreement.

Cost, Fees and Payment

Cost. The total cost for all Services is due in full by Client as identified and outlined within invoices. Client shall pay the Total Cost to Provider as follows:

The first payment is a non-refundable retainer. At a minimum, Client agrees that the retainer fee fairly compensates Provider for committing to provide the Services to complete the project requested.

Exclusivity

Exclusivity. Client understands and agrees that he or she has hired Provider exclusive of any other service provider. In order to provide a high level of satisfaction and quality of service, no other service providers, other than any assistant or third party that Provider hires to complete the Services outlined in this Agreement, are permitted to provide the same or similar services or products, paid or unpaid, at the locations and dates specified in this Agreement.

Grab and Go Garlands

Grab and Go Garlands are available for pickup only unless the Provider agrees to deliver or make other arrangements for an additional delivery fee. The maximum length of any Grab and Go Garland is 10 feet, and it is the Client’s responsibility to ensure proper transportation.

The Provider will supply necessary connection points for installation, which may include but are not limited to peel-and-stick hooks, clamps, balloon bands, or other attachment methods. The type and quantity of connection points provided will be at the Provider’s discretion based on the Client’s needs. The Provider is not responsible for improper installation or damage after pickup.

Intellectual Property

Copyright Ownership. In the event that any copyrighted work(s) are created as a result of the Services provided by Provider in accordance with this Agreement, Provider owns all copyrights in any and all work(s) it creates or produces pursuant to federal copyright law (Title 17, Chapter 2, Section 201-02 of the United States Code), whether registered or unregistered. Any and all products, whether tangible or intangible, produced or created in connection with, or in the process of fulfilling this Agreement, are expressly and solely owned by Provider and may be used in the reasonable course of Provider business.

Retention of Property: The Provider retains ownership of all property used during the event, which includes but is not limited to [ ]. These items are reusable and will be collected by the Provider at the conclusion of the event.

The Client is permitted to retain only the balloons at the end of the event. All other materials and equipment provided by the Provider must be returned in their original condition. Any loss or damage to the Provider's property will result in additional charges to the Client.

Permitted Uses of Product(s). Provider grants to Client a non-exclusive license of product(s) produced with and for Client for personal use only so long as Client provides Provider with attribution each time Client uses Provider's property. Personal use includes, but is not limited to, use within the following contexts:

In photos on Client’s personal social media pages or profiles; or

In personal creations, such as a scrapbook or personal gift; or

In personal communications, such as a family newsletter or email or holiday card; or

In images of product(s) of any photos placed on social media platform that Provider has an account, client must tag provider.

Photography & Social Media Posting Policy

We reserve the right to take photos of our balloon setups for promotional purposes, including sharing on our website and social media. While we understand some clients may wish to share first, we cannot guarantee a waiting period before posting. If a client prefers a delay in our posting, they must notify us in writing before the event.

*For private clients, the maximum consideration for a delay is 48 hours from the event’s completion.

*For corporate clients, extended delays (up to 7 days) may be granted upon request, but this must be arranged before the event.

Once posted, requests for removal will be considered but are not guaranteed. We will aim to be considerate but ultimately retain the right to post at our discretion.

Artistic Release

Style. Client has spent a satisfactory amount of time reviewing Provider's work and has a reasonable expectation that Provider will perform the Services in a similar manner and style unless otherwise specified in this Agreement.

Consistency. Provider will use reasonable efforts to ensure Client's desired Services are produced in a style and manner consistent with Provider current portfolio and Provider will try to incorporate any reasonable suggestion made by Client. However, Client understands and agrees that: Every client is different, with different tastes, budgets, and needs; Provider services are often a subjective art and Provider has a unique vision, with an ever-evolving style and technique; Provider will use its artistic judgment when providing Services for Client, which may not include strict adherence to Client’s suggestions;

Although Provider will use reasonable efforts to incorporate Client’s suggestions and desires when providing Client with the Services, Provider shall have final say regarding the aesthetic judgment and artistic quality of the Services; Dissatisfaction with Provider's aesthetic judgment or artistic ability are not valid reasons for termination of this Agreement or request of any monies returned.

Limit of Liability

Maximum Damages. Client agrees that the maximum amount of damages he or she is entitled to in any claim relating to this Agreement or Services provided in this Agreement are not to exceed the Total Cost of Services provided by Provider.

Loss of Product. In the event that any or all product(s) are lost, such as damage to or loss of a component of the product necessary for final delivery, Provider shall refund Client a pro-rated portion of the Total Cost based on the amount of Services that were completed/provided against the amount of Services that were agreed to be completed/provided.

Indemnification. Client agrees to indemnify, defend and hold harmless Provider and its affiliates, employees, agents and independent contractors for any injury, property damage, liability, claim or other cause of action arising out of or related to Services and/or product(s) Provider provides to Client. Upon completion of each payment schedule Client understands the condition in which balloons are in (ie. weather, temperature, indoor and outdoors, transportation, contents, Act of God, etc) that may damage or compromise the Bubble/Latex/Foil Balloon and Client assumes the responsibility. Provider will attempt to provide the product as ordered with these conditions in mind and Client will not hold Provider liable if any of the above conditions inhibit the failing of the product upon delivery or after. Client assumes all liability providing balloons to self or another individual and knows the harm that balloons or products can cause when used in an inappropriate manner or given to individuals of any age. Client is aware that one or more products may contain a food allergy and assumes responsibility of protecting individuals who may have a food allergy from consuming the product.

Bookings

Event Date: This Event Booking Contract between Provider and Client stipulates that the booking fee retainer required to secure the event date will be determined at the discretion of the Provider. The Provider agrees to provide services as agreed upon, including [list specific services], and the Client agrees to pay the booking fee retainer and any subsequent payments according to the agreed-upon schedule. In the event of cancellation or rescheduling, both parties agree to abide by the terms outlined in the contract. This contract is governed by the laws of Arkansas] and represents the entire agreement between the Provider and the Client, superseding any prior agreements or understandings.

Rush Order Items

Any order placed within 10 days or less from the event date is considered a Rush Order. The Provider reserves the right to decline any Rush Order at their discretion. Rush Orders are subject to availability of current inventory, and no special stock will be ordered to fulfill a Rush Order request.

Rush Orders will be subject to the following tiered rush fees:

• 7–10 days before the event: Minimum $30 rush fee or 10% of the order total, whichever is greater.

• 3–6 days before the event: Minimum $30 rush fee or 20% of the order total, whichever is greater.

• 48 hours or less before the event: Minimum $30 rush fee or 30% of the order total, whichever is greater.

Full payment for all Rush Orders is required at least 2 days before the event date. Failure to make full payment by this deadline may result in order cancellation without a refund.

Balloon Care & Liability Disclaimer

Balloons are delicate and can be affected by environmental factors such as static electricity, temperature changes, dirt, and debris. The Provider is not responsible for any dust, dirt, or debris that may cling to balloons due to static electricity after installation or pickup. Additionally, static electricity may cause balloons to pop, and the Provider is not liable for any damages or replacements once the balloons are in the Client’s possession.

For best results, the Client should keep balloons away from direct sunlight, extreme temperatures, rough surfaces, and high-static environments. Proper handling and care will help extend the life of the balloons.

Cancellation, Rescheduling and No-Shows

Cancellation, Rescheduling of Services or No-Show Client. If Client desires to cancel Services, reschedule Services, or if it becomes impossible for Provider to render Services due to the fault of the Client or parties related to Client, such as failure of a no show, pickup, or delivery to occur or failure of one or more essential parties to the designated location to show up in a timely manner, Client shall provide notice to Provider as soon as possible via the Notice provisions detailed in this Agreement. Provider has no obligation to attempt to re-book further Services to fill the void created by Client’s cancellation, rescheduling, no-show or if it becomes impossible for Provider to provide the Services due to the fault of Client (or parties related to Client), and Provider will not be obligated to refund any monies Client has previously paid towards the Total Cost. If Client has paid date retainer for event booked with Provider and Client has a need to cancel event, Provider is willing to reschedule event within 6 months of booked date with the same theme/colors to be used (additional fees may be incurred). Client is not relieved of any payment obligations for cancelled Services, rescheduled Services, failing to show up for pick up or delivery, or should it become impossible for Provider to provide the services due to the fault of Client (or parties related to Client) unless the Parties otherwise agree in writing. For instance, if Provider is able to secure another, unrelated client for event or item provided , then Provider may choose, at its sole discretion, to excuse all (or a portion of) Client's outstanding balance of the Total Cost.

Impossibility

Force Majeure. Notwithstanding the above, either party may choose to be excused of any further performance obligations in the event of a disastrous occurrence outside the control of either party, such as, but not limited to:

A natural disaster (fires, explosions, earthquakes, hurricane, flooding, storms or infestation); or War, Invasion, Act of Foreign Enemies, Embargo, or other Hostility (whether declared or not); or Any hazardous situation created outside the control of either party such as a riot, disorder, nuclear leak or explosion, or act or threat of terrorism.

Failure to Perform Services. In the event Provider cannot or will not perform its obligations in any or all parts of this Agreement, it (or a responsible party) will:

Immediately give Notice to Client via the Notice provisions detailed in this Agreement; and

Issue a refund or credit based on a reasonably accurate percentage of Services rendered; and Excuse Client of any further performance and/or payment obligations in this Agreement.

Appropriate Conduct/ Safe Working Environment.

Project:

The Client(s) expressly agree(s) to take best efforts to provide Provider and Provider’s staff with safe and appropriate working conditions. In the event of circumstances deemed by either Provider or a bystander to present a threat or implied threat of injury or harm to Provider staff or equipment, the Provider reserves the right to cancel all services remaining under this Agreement and leave if performing services on-location. At the Provider’s discretion, the Provider may enact a three-strike policy. After the first offense, the Provider will make reasonable efforts to notify the Client(s) or a responsible party. If the Client(s) is/are able to respond to the threatening situation in a reasonable amount of time (maximum of 15 minutes), Provider shall resume work in accordance with the original terms of this Agreement. If the threatening behavior occurs for a second time, the Client(s) will agree to remove the offending person for the remainder of the project. If the behavior occurs a third time, the Provider will immediately leave the project. If the Provider leaves the project early due to any offending behavior, the Client(s) expressly agree to relieve and hold Provider harmless as a result of incomplete project coverage, or for a lapse in the quality of the Provider’s work, and the Client(s) shall be responsible for payment in full.

Non Project:

The Client(s) expressly agree(s) to take best efforts to provide Provider and Provider’s staff with a safe and appropriate professional relationship. In the event of circumstances deemed to present a threat or implied threat of injury or unprofessional, harassing language or behavior to Provider staff, Provider will make reasonable efforts to notify the Client(s). If the Client(s) is/are able to respond to the threatening situation in a reasonable amount of time, Provider shall resume work in accordance with the original terms of this Agreement. If the inappropriate behavior continues, the Client(s) will agree to relieve and hold Provider harmless as a result of incomplete services under this Agreement, or for a lapse in the quality of the Provider’s work. The Client(s) shall be responsible for payment in full, regardless of whether the situation is resolved or whether Provider resumes work detailed in this Agreement

VIP Performer Essentials (Entertainment Purposes)

Upon my arrival at the venue, I will require the following essentials to ensure peak performance: two bottles of Ozarka water with flip-top lids, a bowl of mixed nuts, and a fried sushi roll filled with crab, shrimp, and cream cheese. Failure to provide these items may result in me dramatically swooning until all demands are met! 😉

Now that I've got your attention, I’m thrilled to let you know that this is just a joke! But kudos to you for reading your contract so thoroughly...I’m sincerely thankful that you’re paying attention to the details —you're clearly on top of things!! 😉

General Provisions

Governing Law. The laws of Arkansas govern all matters arising out of or relating to this Agreement, including torts.
Severability. If any portion of this Agreement is deemed to be illegal or unenforceable, the remaining provisions of this Agreement remain in full force.

Notice. Parties shall provide effective notice to each other via email.

Merger. This Agreement constitutes the final, exclusive agreement between the parties relating to the and Services contained in this Agreement. All earlier and contemporaneous negotiations and agreements between the parties on the matters contained in this Agreement are expressly merged into and superseded by this Agreement.

Amendment. The parties may amend this Agreement only by the parties’ written consent via proper Notice.