BALLOON DECOR SERVICES AGREEMENT FOR PICK-UP ORDERS
OBLIGATIONS OF CELEBRATIONS BALLOON COMPANY (Consultant):
Pick-up Orders: Celebrations Balloon Company is not responsible for the installation or condition of balloon decor (balloon arches, balloon pedestals, balloon columns, balloon garlands or any other type of balloon decor or balloon items, once they are received by the customer.
CELEBRATIONS BALLOON COMPANY shall not be responsible and have no obligation with regards to the following;
1. Weather related conditions, traffic conditions, or other Acts of God that may cause cancellation, delay, deterioration of décor, or diminished service abilities;
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. Damage or destruction of materials caused in transit or under the control of parties other than Consultant;
4. 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.
RIGHTS OF PARTIES
1. All materials supplied for set up and support by Consultant are the sole property of Consultant, “Celebrations Balloon Company”and must be returned to the Consultant by the agreed upon date, if applicable.
2. Client understands that late requests or changes may incur additional expense, and Client agrees to pay the same.
A. Jurisdiction/Arbitration: This Agreement shall be governed by and construed in accordance with the laws of the Washington, Whatcom County.
Should a dispute or claim arise between the parties hereto, the same shall be submitted to Arbitration in accordance with the rules and regulations of the American Arbitration Association.
Client agrees that in the event it becomes necessary to file a claim to collect monies due pursuant to this Agreement, Client shall pay reasonable costs and fees incurred in connection with such claim, including costs of suit and attorneys fees.
Notices shall be given to the parties at the locations provided herein.
For the purposes of this Agreement, facsimiles or electronic mail may be construed as valid Notice.
C. Safe Handling of Materials:
Client understands and agrees that the materials utilized by Consultant to perform services hereunder may consist of latex and micro-foil balloons, which, when handled properly, pose no threat to humans, animals or the environment.
Broken or un-inflated balloons can cause harm to young children and should be disposed of immediately. Children under the age of seven (7) should be under constant adult supervision while playing with latex balloons.
Micro-foil balloons should never be released outdoors due to the danger caused by contact with power lines and other hazards.
D. Client understand that balloons used outdoor are vulnerable to weather conditions and may pop or deflate. Balloon placed in direct sunlight may pop or deflate.
This Agreement constitutes the entire agreement between the parties and supersedes 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.
The client/customer agrees to these terms by providing their First Name, MI, Last Name at the time of purchase.