TERMS & CONDITIONS
In consideration for the above-referenced services, Client agrees to compensate Consultant as follows:
Terms of payment require client to pay balance in full if event date is to occur in less than 7 (seven) days from this event services agreement date specified at the end of this document. Terms of payment and deposit requirements are waived for select Party Animals customers. Please contact Party Animals if alternative terms are required.
A. Deposit: 50% of total is required and must be received at least 7 days prior to event. If scheduled event is less than 7 (seven) days full payment should be made. Deposit ensures that the date and times specified above will be held. If deposit or balance, in full, is not received 7 days prior to event, Party Animals reserves the right to cancel the services and charge the client for any materials ordered for the above listed event.
B. Other Fees: (Processing fee. Also equipment rental charges such as lift fees, parking expenses, and extra items not listed on original invoice)
1. Fees may apply to multi-day events as well as return trips to maintain, repair and/or replace decor.
2. Late fee accrues monthly as 5% of balance if terms of payment are not met as defined by this contract or stated on the invoice.
3. Additional fee may apply if client or facility is not available for setup/strike based on the agreed upon time.
4. Processing fee may apply if the balance for your event is payed with a credit card, however if you would like to pay with cash or check the fee will be waived.
5. Accounts not paid within 15 days of the date of the invoice are subject to a 1.5% monthly finance charge.
C. In accordance with section IV, item A, number 7, replacement fees will be charged for all rental equipment or Consultant hardware used during Event that is missing or damaged. Replacement fees may include, but are not limited to, cost of item, shipping charges and administrative costs. Hardware is defined as, but not limited to, Consultant owned tanks, base plates, framing, conduit, blowers, nets, lighting, backdrops, etc.
II. CANCELLATION/REFUND POLICY:
Deposits are non-refundable but are transferable based on the availability of the new date. Early termination of services due to abuse of Consultant’s personnel or property will result in no refund. Consultant reserves the right to adjust cancellation and refund policy in the event of certain matters, including acts of God, labor disputes, and venue conflicts that are beyond Client’s or Consultant’s control, as more further described herein below.
III. OBLIGATIONS OF CONSULTANT:
A. Consultant shall be responsible to provide the following, subject to cancellation by Client or other events beyond Consultant’s control:
1. Design Services and Décor regarding Balloons and related materials;
2. Hiring and Management of Entertainment services pursuant to this Agreement, if applicable;
3. Set Up, Removal (and if applicable for multi-day events, maintenance for normal wear and tear) of all Consultant owned and/or controlled materials.
B. Consultant shall not be responsible and have no obligation with regards to the following;
1. Weather related conditions or other Acts of God that may cause cancellation, delay, deterioration of décor, or diminished service ability;
2. Government or other required, licenses, permits, labor regulations, venue ingress and egress, venue availability, and quality and maintenance of venue facilities, and/or any damage or injury caused thereby;
3. Insurance and other expenses related to employees of the venue or other contractors utilized by or on behalf of Client;
4. Damage or destruction of materials caused in transit or under the control of parties other than Consultant;
5. Labor related matters, including union regulations, expenses, minimums, transportation and performance of services by personnel not employed by or associated with Consultant;
6. Client will indemnify and hold Consultant, Consultant’s agents, employees, and/or sub-contractors harmless from any damage, claim or injury as a result of any incident arising out of this Agreement that is not directly the result of gross negligence or intentional act by Consultant.
IV. OBLIGATIONS OF CLIENT:
A. Client agrees that access to a reputable and cooperative venue is tantamount to the effective execution and fulfillment of Consultant’s services hereunder, and shall be solely responsible for assuring cooperation with the same. More specifically, Client is responsible for providing or causing to provide for the following items:
1. Adequate electrical outlets and accessibility thereto;
2. Adequate plumbing and water supply and accessibility thereto;
3. Adequate parking facilities for Consultant and Consultant’s employees and sub-contractors;
4. Proper and adequate climate control;
5. A safe working environment, including proper exits and adequately maintained premises and facilities;
6. Releases, permissions or other requirements in the case of the use of the property, including intellectual, of others as needed;
7. Respect toward personnel and property of Consultant and repair or replacement to same if damaged abused, removed or missing at Client’s expense.
B. Client agrees that Consultant will be the sole provider of the type of services described herein, and will not bring in independent or outside personnel without Consultant’s express written consent. If this agreement includes balloon décor it is explicitly understood that no other balloons will be permitted at the event without Consultant’s express written consent.
V. RELATIONSHIP OF PARTIES
No partnership, joint venture, employment or other relationship is to be construed or inferred by this Agreement, or the services performed hereunder. Consultant is strictly performing as an Independent Contractor as that term is defined by the Internal Revenue Code. Each party hereto is responsible for that party’s insurance, taxes, licenses, permits, worker’s compensation, and/or employee contributions as applicable.
This Agreement constitutes the entire agreement between the parties and supercedes any prior understandings and agreements between them with respect to the subject matter herein. The parties hereto warrant and represent that each has the capacity to enter into and perform hereunder, and that each party will utilize good faith and due diligence in the performance hereunder. No waiver of any breach hereunder shall be construed to constitute a waiver of any subsequent breach. Should any portion of this Agreement be deemed invalid, the same shall not serve to invalidate the remainder of the Agreement, which shall remain in full force and effect.