Swanky Pop LLC Terms & Conditions
By signing, booking, and utilizing SP services, you agree to be bound by these Terms. If you disagree with any part of the Terms, you should not use SP services. Your initialing and signing of this Decorating Agreement indicates your voluntary signing and acceptance of all terms within. We reserve the right, at our sole discretion, to modify or replace these terms at any time.
Booking
An event is only considered booked after payment (50% Non- Refundable Retainer or Total Balance) is made by the due date on the service invoice AND this contract is signed and submitted. If the client allows the estimated or invoice to expire, it is understood the event date and time will be made available to other clients, and any discount or special promotion applied will be removed. SP requires a two week notice for booking all events. If less than two weeks is given, the client may incur a " rush fee". If and changes are made on your behalf after booking, you may incur an additional fee. SP reserves the right to allow only set products be offered in the fourteen-day time frame.
Payments
SP requires a 50% Non-Refundable Retainer at the time of booking with the remaining 50% due no later than three days prior to the event, delivery or pick up date. If the event is booked less than ten days in advance, you will be required to pay in full at time of booking.
Payments can be made through the invoice credit card payment processing link, cash or check.
Failure to pay your invoice by the date may result in the following:
-Invalidation and removal of any applicable discounts, special promotions, complimentary services, etc.
-The release of event or pick up date and time.
-Termination of the contract.
Cancellations
Due to the customization of SP products, we do not allow any refunds or exchanges. If you cancel your event, you forfeit your retainer. When an event is booked, SP orders the materials the same day. As SP vendors do not allow returns or exchanges for refunds, SP is not able to refund any retainers or deposits made under any circumstances.
SP will provide what is booked on the date and time agreed upon. SP will only cancel if there is a Declared National Emergency, Act of God, or SP employees' safety is at risk. If SP cancels due to these reasons, a full credit will be applied to the client's account. The client may use the credit within 365 days of cancellation. Credits are non-transferable. The reschedule date is subject to availability.
Delivery, Installation and Pickup
SP requires a minimum setup time of two hours prior to the event start. The more complex the setup, the more time will be required. The fee for delivery and installation is based on location and complexity of setup. The fee may include additional working hours, travel time, truck rental, staff, and installation tools. All setup and pickups are at SP discretion. SP bases the deliveries, installs and pickups on same day or 24 hour events and times. SP will schedule this date and time. Pickups from the SP office is always free.
Access to the event location must be secured and confirmed by the client to ensure timely setup. SP will arrive within a timely manner at the agreed upon time. SP cannot be held liable for delays on incomplete set-up/decor if the client is late or the location is not accessible at the agreed upon time.
SP uses tools and hardware such as command strips, clips, tape, safety pins, and other equipment to secure products at installation. It is the client's responsibility to ensure these tools and hardware are allowed at the venue of the event before booking. The client must confirm with the venue they allow tools on their walls before booking. If a free-standing decoration is required, this must be booked. SP will not apply any tools to a venue or home's walls without the permission of the owner via the booking client. SP is not liable for any damages resulting from the use of tools and hardware and the client agrees to be the responsible party for any resulting damages. SP is not responsible for any property damages resulting from the removal of SP decorations. If SP arrives and this has not been approved by the owner, the client will forfeit their retainer as well as the full payment.
Removal and Breakdown
SP does not return to break down any setups with an exception of the rental equipment unless otherwise specified. It is the client's responsibility to take down the decorations. SP is not responsible for any leftover decorations or tools used to decorate. A removal and clean-up fee is charged when SP is needed to return to break down the decorations. The client is fully responsible for providing timely access to the event area for break down. Should all equipment and materials not be available to retrieve from the location, the client will be responsible for the replacement costs of the missing equipment or materials. This removal and clean-up fee will be based on location, complexity and time needed for break down. The balloons used in the event set ups are the property of the client after final payment is made. It is the responsibility of the client to remove the balloons before the rentals are picked up by SP. If the client does not remove the balloons from the rentals than SP will take the balloons with them and the client will no longer be able to keep them. The client is responsible for all losses due to theft, vandalism, misplacement, or damage. In the event our equipment is damaged, misplaced, or stolen, the client agrees to be billed for the repair or replacement cost of the item(s).
Material
SP provides pre-made balloon decorations and rentals. The balloon decorations are purchased by the client, therefor once setup is complete the balloon decorations belong to the client. All materials are guaranteed to be as specified by the manufacturer. If a supplier discontinues a products or a manufacture changes material type, SP reserves the right to make any decisive changes. SP reserves the right to substitute an item of like kind and quality.
Outdoor Events
We use only the highest quality products and make every possible effort to ensure that your decorations will meet or exceed your expectations. However, due to the general nature of balloons, we cannot guarantee that your balloons will remain perfect and intact when used outdoors. Some balloons will occasionally deflate sooner than expected and will also be adversely affected by wind, rain, rough handling, extreme heat, sunlight, and other uncontrollable factors. Some SP products are very lightweight and are not recommended to be placed outdoors. If the client places them outdoors and they are damaged, the client is responsible. SP is not responsible for popped balloons once they are secured in the location by SP. The sun can cause damage to balloons. Balloons left outdoors will be oxidized by the sun and have a chance of popping. SP does not recommend using dark colors during the summer as they are more likely to pop. Oxidation caused by the sun will cause the balloons to appear matte and left outside for an extended time. SP is not responsible for damage to balloons due to weather conditions.
All outdoor events must be conducted in a safe manner, with that said, SP will install in rain or shine. In the event the client cancels due to weather, the client understands no refund will be issued. Instead, a credit will be issued, valid for 365 days. *see section on cancellations
Display Rights
SP reserves the right to photograph and use photos from your event for promotion, display, advertisement, internet publication, etc. SP will NOT post pictures with clients, children or other event attendees without client permission.
Damages
SP uses professional equipment and materials as intended for its particular purpose within all designs. To limit your risk of damage, we recommend all decorations and items remain in the position and location they are ordered for, installed in, or placed in. Please do not use or place any decorations designed for indoor use outdoors of a covered four wall framed structure. SP is not liable for any damages resulting from the use of tools and hardware and the client agrees to be the responsible party for any resulting damages. SP is not responsible for any property damages resulting from the removal of SP decorations.
RELEASE OF LIABILITY AND HOLD HARMLESS AGREEMENT
WARNING: Please read this entire section carefully. By entering into this Decorating Agreement, you are agreeing to waive and give up certain legal rights, claims, and remedies resulting from SP's services provided under this Decorating Agreement. DO NOT sign this Decorating Agreement if you have not read this section or do not agree with the terms of this section. Your initials below the section throughout this release indicate you have read and agree with the terms of the Release.
Client understands that there are certain risks associated with the use of decorations and materials. These risks include, but are not limited to:
Decorations, equipment and hardware ( like balloons and other materials) can present a choking hazard to adults and minor children;
Decorations, equipment, and hardware left on the ground can pose a slip and fall hazard to adults and minor children; and,
Removal of decorations, equipment and hardware can cause property damage.
Client agrees to waive any and all potential claims against SP resulting from SP's services provided under the Decorating Agreement, including:
Negligence claims,
Gross negligence claims,
Personal injury claims,
Wrongful death claims,
Mental anguish claims, and
Property damage claims.
Client agrees to assume all liability for any injury to persons attending the event and/or for loss of property. Additionally, Client agrees to defend, indemnify, and hold harmless SP, its owners, officers, employees, agents and shareholders from any and all liability or damages, including reasonable attorneys' fees, resulting from claims, demands, costs, or judgments arising from or out of any occurrence in, upon, or at the premises, regardless of who asserts such claim.
Client Confirmation
I have fully read, understand, and agree to the Swanky Pop LLC Decoration Agreement Terms and Conditions. I will abide by the guidelines or risk forfeiture of my rental, products, or service and receive no refund. I understand any damages made to SP property will result in a bill for the repair or replacement cost of the item(s).