Terms & Conditions
1. Balloon Durability & Pop Clause
Inherent Nature of Balloons
Client acknowledges that balloons are inherently delicate, temporary, and subject to natural deterioration, including but not limited to:
- Popping, deflation, or sagging
- Color fading or oxidation
- Exposure to heat, cold, sunlight, wind, rain, or humidity
- Interaction with guests, pets, or other third parties
- Contact with sharp objects, landscaping, or structures
These conditions may affect the appearance, longevity, and performance of the installation.
Artist Efforts
Artist will carry extra balloons and make reasonable efforts to address minor damages or popped balloons during installation and the scheduled event time. Replacement of popped or damaged balloons after event completion is at the sole discretion of Artist.
Limitation of Liability
Client agrees that Artist shall not be liable for any:
- Loss of balloons due to environmental factors or guest interaction
- Event disruption, lost time, or aesthetic changes caused by balloon failur
- Indirect, incidental, or consequential damages arising from balloon deterioration
Acceptance of Risk
By booking with Artist, Client accepts that balloon installations are temporary decorations with a natural risk of popping or deflation. Client assumes all risk of aesthetic or functional loss once the installation is complete.
2. Design Review & Approval
Design Direction
All custom balloon installations are created according to Artist’s design expertise. While Artist may provide sketches, reference images, or examples for guidance, digital mockups of the final installation are not guaranteed. Final designs are at the sole discretion of Artist to ensure feasibility, quality, safety, and timeliness.
Rush Orders
Orders submitted with less than fourteen (14) days’ notice are considered rush orders. Due to time constraints:
- Design sketches or examples may be limited or unavailable
- Artist will do their best to accommodate client preferences, but final design decisions remain at Artist’s discretion
- No additional review time will be provided beyond the rush timeline
Client Approval & Changes
Client approval of any provided sketches, examples, or references indicates agreement with the general design direction.
- Minor adjustments may be made at Artist discretion
- Major changes requested after approval may incur additional fees, rescheduling, or both
- Substantial revisions that cannot be accommodated within the timeline may be declined
Limitation of Liability
Artist is not responsible for minor deviations between sketches, examples, or references and the final installation. Variations are normal and do not constitute a defect or basis for refund.
3. Outdoor Installations, Weather, & Site Conditions
Assumption of Risk
Client acknowledges that outdoor installations are subject to environmental conditions, including: wind, gusts, rain, humidity, extreme temperatures, direct sunlight, UV exposure, dust, debris, and other unpredictable factors. These conditions may affect the appearance, longevity, color, inflation, and structural integrity of the installation. Outdoor installations are decorative and not permanent.
Artist Discretion & Safety Authority
Artist reserves the sole and absolute right to determine whether weather or site conditions are safe and suitable. Artist may delay, modify, reinforce, relocate, dismantle, or cancel an installation if conditions are deemed unsafe, hazardous, or likely to compromise quality or safety. Safety decisions made by Artist are final.
Wind & Severe Weather Thresholds
- Installations will not proceed in sustained winds exceeding 15 mph
- Installations will not proceed in gusts exceeding 20 mph
- Installations may be refused or dismantled in case of thunderstorms, lightning, heavy rain, hail, extreme heat, freezing temperatures, or other hazardous conditions
If weather conditions exceed these thresholds before or during the event, Artist may cancel or dismantle the installation without liability.
Sunlight & Heat Disclaimer
Direct sunlight and elevated temperatures reduce balloon lifespan and may cause oxidation, color fading, clouding, tackiness, or popping. Placement in shaded areas is recommended but not guaranteed. Changes due to sun or heat do not constitute defective work.
No Performance Guarantee for Outdoor Installations
Artist does not guarantee:
- Longevity or inflation duration
- Resistance to wind or environmental movement
- Color stability or oxidation prevention
- Structural stability beyond installation completion
Outdoor installations are provided as-is once installed.
Post-Installation Responsibility
Once installation is complete, full responsibility transfers to Client. Artist is not liable for any damage, movement, deterioration, or failure caused by:
- Wind, weather, or environmental factors
- Guest interaction, tampering, or climbing
- Vandalism or theft
- Venue staff interference
- Contact with landscaping, structures, or sharp objects
- Animals or children
- Any third-party interference
Site & Security Responsibility
Client must:
- Provide a safe, level, and stable installation surface
- Ensure adequate space and structural support if required
- Secure the area from public interference
- Obtain all necessary venue permissions or approvals
If venue staff, security, or third parties move, adjust, remove, or alter the installation, Artist assumes no liability.
No Relocation Policy
Installations may not be moved after completion. Any relocation, adjustment, or modification by Client, guests, venue staff, or third parties voids Artist responsibility.
Rescheduling & Refund Policy
- If Artist cancels due to unsafe weather and materials have not been ordered: full refund issued
- If materials have been ordered: 50% of total contract retained to cover costs
- Client-initiated refusal to proceed despite safe conditions: standard cancellation policy applies
- Rescheduled dates subject to Artist availability
Limitation of Liability
Artist’s total liability is limited to the total amount paid under this agreement. Artist is not liable for indirect, incidental, special, punitive, or consequential damages, including lost profits, event disruption, or reputational impact.
4. Set-Up & Take-Down Time
Scheduled Installation & Removal Windows
Artist and Client will agree in writing to specific set-up and take-down windows. Client must ensure full venue access during these times.
Overtime & Extended Event Fees
If the event exceeds the scheduled take-down time:
- Overtime: $50 per staff member, per hour (1-hour minimum), starting 15 minutes after scheduled end
- Payment due within 7 days of invoice
- Overtime subject to staff availability; Artist is not obligated to remain without prior approval
Right to Remove at Scheduled Time
If no overtime arrangement is made, Artist may begin dismantling at the originally scheduled time. Client agrees this does not constitute breach of contract.
Access Delays & Abandoned Installations
- Delays caused by venue or client may reduce installation quality; additional labor fees may apply
- If Artist cannot access the venue at take-down time, installation is considered abandoned, ownership transfers to Client, and replacement costs for any rental items will be invoiced
Multi-Event Scheduling Acknowledgment
Client acknowledges Artist may have other events scheduled; agreed removal times are critical to maintain operations.
5. Payment Terms & Retainer
Retainer & Date Reservation
50% of the total contract is required to secure the date. Non-refundable and applied toward total balance. No work begins without signed agreement and retainer.
Final Payment
- Remaining balance due 14 days before event. If booked within 14 days of the event, full
- payment due at booking.
- No services performed without full payment.
Failure to Pay
If final payment not received by deadline:
- Artist may cancel without refund of retainer
- Event date may be released
- Artist not obligated to perform
Additional Charges & Modifications
Customizations, upgrades, or change orders require full payment at approval.
Chargebacks & Payment Disputes
Client agrees not to initiate chargebacks; disputes must be addressed in writing.
6. Cancellation & Refund Policy
- Retainer is non-refundable
- Cancellations >14 days: retain 50% retainer; refunds only for payments above retainer minus material costs
- Cancellations ≤14 days: 100% of contract due, no refunds
- Materials purchased for the event are non-refundable
- Rescheduling: allowed once >14 days prior, subject to Artist availability, within 90 days of original date
- Rescheduling ≤14 days treated as cancellation
7. Photography & Content Capture On-Site
Artist may photograph/video installations for portfolio and marketing.
- Individuals incidentally appearing in background may be included
- Client responsible for obtaining any necessary guest releases
8. Brand & Logo Use Authorization
Client grants non-exclusive, royalty-free license to use Client name, brand, or logo for marketing/portfolio after the event.
- No implication of sponsorship or endorsement
- Client may opt out by written notice; removal completed within 7–14 business days
9. Damage / Loss to Rental Property
Client responsible for all rental décor, equipment, structures, props, and hardware before, during, and after event.
- Damage, theft, or misuse beyond reasonable wear and tear invoiced at repair or replacement cost
- Specialty or custom items may incur higher replacement costs
10. Late Design Changes
Changes requested ≤7 days before event incur 15% of total installation cost per change. Artist will determine feasibility and impact on final design.
11. Force Majeure
Neither party liable for failure/delay due to events beyond reasonable control (natural disasters, acts of God, government actions, labor disputes, pandemics, etc.). Parties will negotiate in good faith a resolution.
12. Governing Law & Entire Agreement
- Governed by Missouri law
- Entire agreement supersedes prior discussions or agreements
- Amendments must be in writing and signed by both parties
- Venue: Greene County, Missouri courts
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