This CONTRACT outlines an agreement and includes all contractual obligations made between Light Headed Balloonery hereinafter referred to as "Provider", "Artist", "We", or "Our" and “Name” hereinafter referred to as "Client", "Renter", "You", or "Your" on 09/26/2023
BOOKINGS:
Your appointment date and service will be secured when the signed contract and non-refundable deposit are received. The remaining balance will be due upon arrival on the day of the event.
PAYMENTS:
Deposit payments can be made with credit card, check, Venmo or cash. All remaining payments are to be paid at the time of the service. Deposit is nonrefundable. Receipts are available upon request. Card purchases will be charged a 4% increase to cover credit card charges.
MARQUEE LETTERS DESCRIPTION:
The Provider agrees to rent marquee letters to Renter, description in full as found in Quote Confirmation email sent upon project agreement, detailing the following project aspects:
Size, Design, Style, Lighting, Quantity, and any pertinent specific features
RENTAL PERIOD:
The rental period for Lightheaded Balloonery is in accordance with the registration form in this Contract/Agreement. Lightheaded Balloonery's letter rental must be returned to the Provider at the agreed end time on the specified end date. The rental period includes the time required for delivery, setup, and pickup of the marquee letters. The delivery and pickup times will be scheduled in advance and agreed upon by the Parties. Any extension of the rental period must be requested in writing and approved by the Provider. Additional rental fees may apply for any extended period. The rental period includes [number of days] days/nights, unless otherwise stated in writing by the Provider. Each day/night shall be considered a complete rental day/night.
RENTAL FEE:
The rental fee for the marque letters shall be as follows:
The daily rental fee is $50 per letter for 3' letters and $50 per number for 4' numbers
Orders of 10 or more are $40 per piece
Balloon attachments are charged separately by the foot
A nonrefundable deposit of 50% of the rental is required at the time of booking.
RESCHEDULE OF RENTAL:
Rescheduling Requests: Either party may request to reschedule the rental period outlined in this Contract/Agreement by providing written notice to the other party. Rescheduling requests should be submitted in writing at least [number of days] prior to the original rental start date. The party requesting the rescheduling shall provide a valid reason for the request, such as unforeseen circumstances, scheduling conflicts, or force majeure events. The rescheduling request should include the proposed new rental start date and end date. The rescheduling request is subject to approval by the other party, who shall respond in writing within [number of days] of receiving the request.
Rescheduling Approval: The other party reserves the right to approve or reject the rescheduling request at their sole discretion. The approval of a rescheduling request is contingent upon the availability of the Marque Letters for the proposed new rental period. In the event that the rescheduling request is approved, the Parties shall execute an amendment to this Agreement, specifying the new rental start date and end date.
Rescheduling Fee: If a rescheduling request is approved, a rescheduling fee of [$...... (.......... Dollars] shall be payable by the party making the request. The rescheduling fee is intended to cover administrative costs and potential loss of business due to the rescheduling.
Cancellation and Rescheduling Policy: Rescheduling requests made within [number of days] prior to the original rental start date may be subject to additional fees or penalties, as determined by the party receiving the request. In the event that a rescheduling request is rejected, the original rental period outlined in this Contract/Agreement shall remain in effect. If the rescheduling request is not approved and the party making the request decides to cancel the rental, the cancellation policy outlined in this Agreement shall apply.
Effect on Other Terms: The rescheduling of the rental period shall not alter any other terms and conditions of this Contract/Agreement, unless expressly agreed upon by both parties in writing. All other provisions of this Contract/Agreement shall remain in full force and effect, unaffected by the rescheduling request and subsequent approval or rejection.
DELAYS:
The Artist and all decorating staff will arrive onsite as specified by the Client. We cannot be held responsible for delays (or incomplete decor) if not allowed a reasonable amount of time to complete decor services as described in this agreement.
DECOR EQUIPMENT:
All re-usable non balloon equipment, including but not limited to frames, lighting, poles, fabric, etc., are the property of The Artist and must remain onsite for pickup at a specified time and date. The Client is responsible for all losses due to theft, vandalism, misplacement or damage. In the event that the Artist's equipment is damaged, misplaced, or stolen, the Client agrees to be billed for the repair or replacement cost of the item(s).
MATERIAL GUARANTEE:
All materials are guaranteed to be as specified by the manufacturer. If a supplier discontinues a product or a manufacturer changes its material type, Light Headed Balloonery reserves the right to make any last-minute changes, including but not limited to substituting an item of like kind and quality.
DISPOSAL:
Breakdown and haul-away services will be provided for orders containing non balloon products including frames, lighting, poles, fabric, etc. If your order does not contain any reusable items, disposal and break down can be discussed for an additional rate.
INCLEMENT WEATHER:
The Artist shall not be responsible should weather conditions make it impossible to setup decor services (as described in this agreement). This includes, but not limited to strong winds, rain or snow storms. However, if inclement weather prevents delivery of agreed decor, a full refund minus deposit will be issued promptly. Light Headed Balloonery is not responsible for weather related issues involving balloon decor after the artist has left the premises.
ACCIDENTS:
We are not responsible for accidents or injuries related to our decor that is caused by mischief or mishandling by the client, guests or site staff. Please, do not allow guests to put the latex balloons into their mouths. Be aware that some Children and Adults have allergic reactions to latex. These groups of people should refrain from having any contact with the latex balloons. We are not responsible for balloon decor accidents after the artist has left the premises.
EXCLUSIVITY:
Light Headed Balloonery will be the sole exclusive balloon artist for the contractual event. All designers will be direct employees or sub-contractors of the designated sole Balloon Artist used at this event. By signing this agreement the client agrees that no other person or company, including but not limited to caterer, coordinator, planner, event designer, volunteers, professional or otherwise, shall provide balloon products or decor for the client’s event without our prior written consent. If this occurs, we reserve the right to leave the job site for breach of contract.
PHOTOGRAPHY:
Photos or videos of our work may be taken for promotional use and advertising purposes on our website, portfolio, social media, brochure, etc. You agree to us taking and using such images as described and release any and all claims regarding use.
This signed agreement serves as a release authorization for such materials.
CANCELLATION / RESCHEDULING:
Any cancellation or rescheduling must be made at least 7 days prior to your scheduled date or you will be responsible for paying the full amount of services agreed upon in this contract. Once final payment has been made, there will be no refunds. We are not responsible for inclement weather, acts of God, or other situations that may cancel or postpone your event. Please note that we will make every effort to accommodate date changes to your event. Light Headed Balloonery reserves the right to terminate this contract immediately for any breach of terms, and the contract will become void and all monies given are non-refundable.
RETURN TERMS:
Condition of Marquee Letters: The marquee letters must be returned in the same condition as received. Any damages or excessive wear and tear will be subject to additional charges. The marquee letters The letters should be clean and free from any decorations, adhesive residue, or other substances that may have been applied during the rental period.
Return Date and Time: The marquee letters must be returned by the agreed-upon return date and time specified in this Contract/Agreement. If there is a need for an extension, the renter must inform the Provider in advance and obtain written confirmation of the new return date and time.
Return Location: The marquee letters should be returned to the designated return location as specified in this Contract/Agreement. Any changes to the return location must be approved by the Provider in writing.
Packaging and Transportation: The renter is responsible for properly packaging and securing the marquee letters for transportation. If the Provider provided specific packaging materials, such as boxes or crates, they must be used for the return. The renter must take appropriate measures to protect the marquee letters from damage during transit, including securing them properly in a vehicle and avoiding any rough handling.
Late Returns: If the marquee letters are not returned by the agreed-upon return date and time, the renter may be subject to late fees or additional rental charges. The Provider may also have the right to repossess the marquee letters if they are not returned within a reasonable time frame.
Inspection: Upon return, the Provider reserves the right to inspect the marquee letters for any damages or excessive wear and tear. The Provider's inspection will determine whether any additional charges or penalties will apply.
Refunds and Deposits: Refunds or deposit returns will be processed after the marquee letters have been inspected and deemed to be in satisfactory condition. Any applicable deductions, such as repair costs or late fees, will be subtracted from the deposit before the refund is issued.
DAMAGE ITEM:
The Renter is fully responsible for all items during the rental period (during the renter's control) and agrees to pay a full replacement fee (replacement including labor costs) for any items that are lost or damaged. Damage or lost items will be charged to the registered credit card, if available. Ensure all equipment is secured against abuse, misuse and protected from the weather.
DAMAGE WAIVER:
Damage Waiver is Not Insurance, the Renter is responsible for loss or damage to the marque letters and it is returned in the same condition it was received. However, by accepting the Damage Waiver, the Renter agrees to waive the Provider's right to recover from the Renter for the amount of items lost or damaged on the marque letters while in the Renter's possession except that the Renter will be responsible for the first $........ [........... Dollars) in damage/replacement fees in the case of where the damage or replacement is greater than $......... [........... Dollars). The Renter agrees to promptly notify Provider of any accident and promptly submit any applicable police reports. If the Renter has insurance in effect, the Damage Waiver becomes secondary or waived, and the Renter agrees to exercise all rights available to the Provider under the Renter's insurance coverage, and transfer all claims and proceeds from the Renter's insurance coverage to the Provider notwithstanding the foregoing.
CONFIDENTIALITY:
The Parties agree to maintain the confidentiality of any client or business information obtained during the term of this Agreement.
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TERMINATION:
Either party may terminate this Agreement by providing written notice to the other party with a notice period of [Notice Period] days. Upon termination, the Renter shall remove all personal belongings and return the Marquee Letters to its original condition, except for normal wear and tear.
ASSIGNMENT:
This contract cannot be assigned by either party without the prior written consent of the other party. This Marquee Letters Rental Agreement clause shall not limit the Provider's ability to hire and retain its own staff to perform their services.
GOVERNING LAW:
This Agreement shall be governed by and construed in accordance with the laws of the [State/Country], without regard to its conflict of laws principles. In the event of a dispute regarding anything related to this Contract/Agreement, the Parties agree to negotiate in good faith to resolve the dispute amicably. If no resolution is reached, either party may pursue legal action under the laws of the jurisdiction of the courts located in [State/Country], and the Parties hereby consent to the personal jurisdiction of such courts.
ENTIRE AGREEMENT:
This contract constitutes the sole and entire contract of the Parties regarding the subject matter contained herein, and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter. This contract can only be changed, modified, or supplemented by a written agreement signed by each Party.
SEVERABILITY:
If any provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect.
COUNTERPARTS:
This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
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BINDING EFFECT:
This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns.
The Provider shall not be held responsible for any failure or delay in performing their obligations under the Contract/Agreement if such failure or delay is due to circumstances beyond their reasonable control, including but not limited to acts of nature, acts of government, terrorism or any other unforeseen events.
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By signing this document, Client agrees to this Contract an Payment Terms. It cannot be changed without written approval from Lightheaded Balloonery and yourself (THE CLIENT). The Parties will to the best of their ability, fulfill all aspects of this contract
