SERVICES AND PAYMENT
Balloon Décor Services
Provider agrees to provide balloon décor, installations, styling, delivery, setup, breakdown, and related event services as outlined in the Statement of Work (“Services”). Services may include balloon garlands, arches, centerpieces, backdrops, custom installations, event styling, and other agreed-upon décor elements.
Fees and Payment
Client agrees to pay Provider the fees outlined in the Statement of Work according to the payment schedule specified therein. If no payment schedule is specified, all balances are due within ten (10) days of the Effective Date. Retainers, deposits, and payments made under this Agreement are non-refundable unless otherwise stated in the Statement of Work or these Terms.
CLIENT RESPONSIBILITIES
Event Space and Access
Client agrees to provide Provider with safe, clean, and adequate working conditions for installation and removal of balloon décor. Client shall ensure Provider has timely access to the venue, loading areas, electrical outlets (if applicable), and any required permissions from the venue.
Client is responsible for confirming venue rules, ceiling heights, hanging restrictions, and setup/breakdown access times prior to the event date.
CHILD AND PET SAFETY
Client acknowledges balloons may present choking hazards to children and pets. Adult supervision is required at all times. Provider is not responsible for injuries or incidents occurring after installation is complete.
Client Cooperation
Client agrees to provide all necessary information, approvals, color selections, inspiration references, and event details needed for Provider to complete the Services. Delays caused by incomplete or inaccurate information may result in additional fees.
Weather and Outdoor Installations
Client acknowledges that balloon décor is sensitive to weather conditions including heat, wind, rain, humidity, and direct sunlight. Provider is not responsible for damage, popping, oxidation, movement, or deterioration caused by weather or outdoor conditions after installation.
Rescheduling and Cancellation
If not otherwise stated in the Statement of Work, all cancellations and rescheduling requests are subject to Provider’s cancellation and rescheduling policy. Deposits and custom materials purchased for the event are non-refundable.
TERM AND TERMINATION
Term
This Agreement begins on the Effective Date and continues through completion of the Services outlined in the Statement of Work unless terminated earlier under these Terms.
Termination for Breach
Either party may terminate this Agreement upon written notice if the other party materially breaches these Terms and fails to cure the breach within thirty (30) days after receiving written notice.
Upon termination, Client remains responsible for payment for all Services performed, custom materials ordered, and expenses incurred prior to termination. Sections regarding Confidentiality, Ownership, Release, Indemnification, and Limitation of Liability shall survive termination.
CONFIDENTIALITY
Both parties may share confidential or proprietary information related to event details, pricing, business operations, designs, or personal information (“Confidential Information”). Each party agrees to protect such information using reasonable care and not disclose it to third parties except as necessary to fulfill obligations under this Agreement.
Confidential Information does not include information that:
LIMITED WARRANTY AND DISCLAIMER
Provider warrants that balloon décor services will be performed professionally and in accordance with industry standards.
Client acknowledges and agrees that:
Except as expressly stated herein, Provider disclaims all other warranties, express or implied, including warranties of merchantability or fitness for a particular purpose.
Client must notify Provider of any claimed issue or deficiency in Services within twenty-four (24) hours of installation. After this period, Services shall be deemed accepted.
OWNERSHIP AND USE OF DESIGNS
Client Materials
Any logos, branding, artwork, inspiration images, or materials supplied by Client (“Client Materials”) remain the property of Client. Client represents that it has permission to use all submitted materials.
Balloon Designs and Creative Concepts
Unless otherwise stated in the Statement of Work, all custom balloon designs, concepts, installation methods, mockups, templates, photographs, and creative materials developed by Provider remain the intellectual property of Provider.
Upon full payment, Client receives a non-exclusive license to use the completed décor for its intended event purposes only.
DESIGN APPROVALS
If Provider supplies mockups, color palettes, sketches, or sample designs (“Samples”), Client shall review and approve them promptly. Client is responsible for verifying spelling, event details, color selections, and design accuracy before approval.
Failure to provide requested revisions or approval within the specified timeframe may delay Services or result in additional charges.
Minor variations between Samples and final installations may occur due to balloon inflation, lighting, venue conditions, or product availability.
PHOTO AND MARKETING RELEASE
Client grants Provider permission to photograph and video record the completed balloon décor, event setup, and related installations for portfolio, website, social media, advertising, and promotional purposes.
Provider may use photographs or videos containing the Event setup, décor, venue space, and incidental guest imagery for promotional and marketing purposes unless otherwise requested in writing by Client prior to the Event date.
INDEMNIFICATION
Client agrees to indemnify and hold harmless Provider and its employees, contractors, and agents from any claims, damages, injuries, losses, or expenses arising out of:
This indemnification obligation includes reasonable attorney’s fees and legal costs.
LIMITATION OF LIABILITY
Except for claims arising from gross negligence or intentional misconduct, Provider’s total liability under this Agreement shall not exceed the total amount paid by Client under the Statement of Work.
Provider shall not be liable for indirect, incidental, consequential, special, or punitive damages, including loss of business, event interruption, or emotional distress. In no event shall Provider be liable for lost profits or loss of business opportunity.
GENERAL TERMS
Independent Contractor
Provider is an independent contractor and not an employee, partner, or agent of Client.
Entire Agreement
These Terms and the Statement of Work constitute the entire agreement between the parties and supersede all prior discussions or agreements.
Assignment and Subcontracting
Neither party may assign this Agreement without written consent. Provider may utilize assistants, subcontractors, or installers to fulfill Services while remaining responsible for service quality.
FORCE MAJEURE / UNCONTROLLABLE EVENTS
Provider shall not be held liable for delays, cancellations, or inability to perform Services due to circumstances beyond reasonable control, including but not limited to severe weather, natural disasters, venue closures, epidemics, pandemics, traffic accidents, illness, supply shortages, labor interruptions, or governmental restrictions.
Governing Law
This Agreement shall be governed by the laws of the state in which Provider’s principal place of business is located.
Severability
If any provision of this Agreement is found invalid or unenforceable, the remaining provisions shall remain in full force and effect.
Modifications and Waivers
Any amendment or waiver of these Terms must be made in writing and signed by both parties. Failure to enforce any provision shall not constitute a waiver of future enforcement rights.
Chargebacks and Payment Disputes
Client agrees not to initiate unjustified chargebacks or payment disputes for Services rendered in accordance with this Agreement.
In the event of a chargeback or payment dispute initiated by Client, Provider reserves the right to provide this Agreement, invoices, photographs, communications, and proof of Services rendered to the financial institution or payment processor.
Client agrees to reimburse Provider for any reasonable costs, fees, or expenses incurred in connection with resolving a payment dispute or chargeback related to Services properly performed under this Agreement.
We use cookies to analyze website traffic and optimize your website experience. By accepting our use of cookies, your data will be aggregated with all other user data.