Balloon Decor Services Agreement - Terms & Conditions
THIS SERVICES AGREEMENT (“Agreement”) is entered into between the Client, and JOLLI Faces, a California company (“JOLLI Faces”). The parties agree as follows:
PAYMENT TERM: Retainer Fee must be paid for the event to be confirmed. Another event may be scheduled for your time and date, if retainer fee is not received at least 14 days before the event. There will be a $10 fee for returned checks, plus the amount of the check.
RETAINER FEE: A non-refundable retainer fee of 50% of full amount is due at least 14 days before the event. The balance agreed to in the agreement, minus the retainer fee, is one day before the day of the event. Full payment is required, if the requested date is less than 14 days.
CANCELLATIONS/Force Majeure (unforeseeable circumstances that prevent someone from fulfilling a contract): Should you need to reschedule your event, please do so at least 7 days prior and we will make every effort to meet your needs. Should the balloon artist get sick, the retainer fee will be refunded.
OUTDOOR SETUP: Please note, balloons are, by nature, temporary items. Although JOLLI Faces uses the finest quality balloons, weather conditions such as wind, rain, rough handling, sunlight and other uncontrollable factors may cause some balloons to occasionally deflate or pop sooner than expected.
JOLLI Faces will deliver, set-up and install balloon garland and decorations.
JOLLI Faces will break down and clean-up balloon garlands and decorations at NO additional fee:
If the client be responsible for the removal of all provided decor, please note:
Foil balloons may conduct electricity. Do not release helium filled foil balloons outdoors or use near overhead power lines.
Foil balloons are non biodegradable and therefore should be disposed of carefully with general household waste.
Latex Balloons, Warning! Children under eight years can choke or suffocate on un-inflated or broken balloons. Adult supervision required. Keep un-inflated balloons from children. Discard broken balloons at once.
PROPERTY: All decors and decorative items are the property of JOLLI Faces, unless previously agreed to. All balloons used for the event belong to the client and may be disposed per agreement with the JOLLI Faces and the client.
MODEL RELEASE: Client grants JOLLI Faces the unrestricted right to copyright, use and publish videos/and or photographs of client for commercial, promotion, competition or other purposes without compensation or liability to client.
LIMITATIONS OF ARTWORK: JOLLI Faces will do their best to accommodate the design as described by the client during the consultation process. Client understands that JOLLI Faces cannot guarantee to make the exact copy of balloon decoration done by other balloon artists as these are used for inspiration purposes only. Client agrees all decorations once installed are final and can no longer be changed regardless of balloon color and/or design variation.
WEATHER: Client agrees to provide an area for the balloons with protection from extreme temperatures, sun, rain, snow and excessive wind. Client is responsible to provide an alternate location in the event of inclement weather. The client agrees to pay the full amount contracted once the balloon artist has arrived at the event location, even if it is raining.
LIABILITY STATEMENT: INDEMNIFICATION/HOLD HARMLESS. It is agreed and understood between the parties that any and all persons providing entertainment and/or decorating service as provided herein are independent contractors, represented by JOLLI Faces, and that no employer/employee relationship exists between such persons and the Client. You agree to accept all responsibility for all personal and real property, and persons at the event's location. Upon signing this release you are releasing JOLLI Faces from all liability and responsibility for property, persons, and pets at the event's location, before, during and after the event. Client agrees to indemnify and hold harmless JOLLI Faces from all claims, losses, expenses, fees including attorney fees, costs, and judgments that may be asserted against JOLLI Faces that result from the acts or omissions of the Client, the Client's guests, and the Client's agents. Client will indemnify JOLLI Faces against any legal liability associated with the use of balloon equipment, equipment used to complete designs, its representatives, employees, or affiliates. Clients hereby agrees to hold harmless and without liability, JOLLI Faces and all principals, owners, or employees of said from any of the following: Helium inhalation or injury from lack of oxygen, slipping on broken balloons, latex allergies, children having access to balloons before, during or after events, children putting balloons in their mouths and choking, eye/facial/body injuries from popping balloons, heart attacks from popping balloons, hearing loss due to popping balloons, lesions, abrasions, suffocation, choking, loss of sight, loss of hearing, dizziness, drowsiness, loss of consciousness, broken body parts, death or any other personal or property damage caused or alleged to have been caused by popping balloons, or damage to swimming pool filtration systems caused by broken balloons.