EVENT DECORATING SERVICE AGREEMENT

EVENT DECORATING SERVICE AGREEMENT
PARTY POPPING EVENTS, LLC

The following document serves is incorporated into Party Popping Events, LCC’s Event Decorating Service Agreement:

Booking

When booking a service through Party Popping Events, LLC, we require that all decorating services are booked at least thirty (30) days prior to the event date. If Party Popping Events, LLC is available for a last-minute order or service, a rush service fee may apply.

Events are not officially booked with Party Popping Events, LLC, until the Client has:

Reviewed and signed the Event Decorating Service Agreement
Paid the Retainer, Amount Required, or Percentage of the service due.

Party Popping Events, LLC will provide the Client with the due dates for payment, including the “Save the Date” retainer, scheduled payment dates with required amounts, and final payment, prior to the event date. After the balance of the service is determined by Party Popping Events, LLC, the Client is responsible for paying the balance of the service in full prior to the event date.

The Client may be asked to provide Party Popping Events, LLC with any photos to assist in planning the design décor. Please keep in mind that these will be used for “inspiration purposes only”, with no promise that our design will look exactly like the photo you may have provided.

“Save the Date” Retainer

A “Save the Date” retainer is required for Party Popping Events, LLC to reserve any event dates and times. The “Save the Date” retainer is non-refundable. The Client will be required to pay a minimum retainer fee of at least $150.00 or 20% of the total balance due. The “Save the Date” retainer covers a partial cost of items such as the ordering of supplies and materials, labor, and other expenses. The event date and time is not reserved until the Save the Date Retainer is paid and received by Party Popping Events, LLC. If more than one Client requests the same event date and time slot, the first Client to pay the Save the Date Retainer will be granted the booking for the allotted time slot. If the Client cancels the service, any payments made towards the “Save the Date” retainer are non-refundable and forfeited.

Payments

After the balance for the service is determined by Party Popping Events, LLC, the Client is responsible for paying the remaining balance of the service. All payments are to be paid one (1) week prior to the event date.

Payments can be made with Cash, Zelle, Debit or Credit Card (Visa, Mastercard, American Express and Discover). Clients will receive a receipt confirming their payment to Party Popping Events, LLC. Failure to make the required payment by the given due dates may result in any of the following actions:

Invalidation and removal of any applicable discounts, special promotions, complimentary services, etc.
The forfeiture of any payments already made.
The release of event date and time.
Termination of the Event Decorating Service Agreement.
Cancellation Fees

Bounce Check Policy or Failed Transactions

In the event of a bounced check or failed transaction, the client will be responsible for a fee of, at least,

$ 50.00 in addition to the original amount owed. Payment must be made within three (3) days of notification of the bounced check. Failure to remit payment within this timeframe may result in the following actions:

Invalidation and removal of any applicable discounts, special promotions, complimentary services, etc.
The forfeiture of any payments already made.
The release of event date and time.
Potential legal action to recover the outstanding balance.

Refunds

Refunds of any kind will not be issued. Party Popping Events, LLC does understand that situations may arise that require the Client to cancel or reschedule their event. However, Party Popping Events, LLC immediately begins creating designs and ordering supplies and materials, in order to ensure that the events are what the client envisioned.

Rescheduling & Cancellations

Rescheduling

The Client may reschedule an event through Party Popping Events, LLC. However, Party Popping Events, LLC must receive a written notice of rescheduling, postmarked or emailed at least (14) days prior (weekends included) to the event. If a written notice is not received at least fourteen (14) days prior to the event, the Client will assume a $100 rescheduling fee. The Client may request to reschedule the event for another date and time, without being charged a rescheduling fee if the written notice was received at least the fourteen (14) days prior to the event.

Under certain circumstances, the Client may request to reschedule the event for another date and time, if the date and time is available to The Balloon Artist / Decorator, within one (1) year of the original event date. Refunds of any kind will not be issued if the rescheduling is due to the actions or requests of the Client.

Cancellations

The Client may cancel an event with Party Popping Events, LLC. However, Party Popping Events, LLC must receive a written notice of cancellation, postmarked or emailed, at least fourteen (14) days (weekends included) prior to the scheduled event date. If a written notice of cancellation, postmarked or emailed, is not received by within the fourteen (14) day period, the Client will assume a $100 cancellation fee. Refunds of any kind will not be issued.

Notices of cancellations or rescheduling shall be sent to:

Attention: Party Popping Events, LLC:

info@partypoppingevents.com

Subject: Cancellation or Rescheduling of Event

Cancellations by Party Popping Events, LLC

Party Popping Events, LLC may cancel an event at any time. Party Popping Events, LLC shall provide the client a written notice of cancellation, postmarked or emailed, at least fourteen (14) days (weekends included) prior to the scheduled event date. However, in case of unforeseen circumstances, Party Popping Events, LLC shall make notification as soon as possible, instead of the fourteen (14) day notice. If Party Popping Events, LLC cancels, or reserves the right to withdraw from the event due to unforeseen circumstances, including but not limited to, accidents, emergencies, illness, impending extreme weather conditions, natural disasters or State of Emergencies, Party Popping Events, LLC, shall, at the Client’s request, either reschedule the installation for within one (1) year of the previously scheduled event, if the date and time is available to the Balloon Artist/Decorator or, if the Client desires, refund all monies previously paid by the Client, with the exception of any non-refundable retainers, which were agreed to by the Client. If the Client desires the event be rescheduled, all monies paid by the Client will be retained by Party Popping Events, LLC for the future event date.

If the Balloon Artist/Decorator cancels this Agreement due to a Breach of Contract by the Client, all payments previously made will be forfeited.

Force Majeure

Party Popping Events, LLC shall not be liable for cancellations, delays, loss, damage, or any failure to perform under this Agreement where such failure results from any cause beyond Party Popping Events, LLC and/or its affiliated entity’s or agent’s reasonable control, including any of the following force majeure conditions: flood, fire, earthquake, hurricane, tornado, volcanic activity or severe or other adverse weather event; pandemic; vandalism; accidents; sabotage; power failure or blackout; denial of service attacks or similar attacks; explosion; Internet failure; acts of God and the public enemy; acts of war; acts of terrorism; riots; civil or public disturbances; strikes, lock-outs or labor disruptions; embargo; and any laws, orders, rules, regulations, acts or restraints of any government or governmental body or authority, civil or military, including the orders and judgments of courts, provided that Company, or its affiliated entity or agent, shall as soon as reasonably practical (A) notify client in writing at the contact information provided on the contract of the existence of the Force Majeure, (B) exercise all reasonable efforts necessary to minimize delay caused by such Force Majeure, and (C) resume performance of its obligations hereunder as soon as practicable thereafter.

Reductions & Changes

Removing or adding decorations, or making any last-minute changes to a service cannot be completed after the Event Decorating Service Agreement has been signed. A separate order may be placed for any additions the Client wishes to have for the event. However, it is at the sole discretion of Party Popping Events, LLC, whether or not, that order is accepted or declined. If the new order is accepted, it will be subject to the Service Agreement and additional fees as stated in this agreement.

Venues

It is the Client’s sole responsibility to confirm that the venue will allow Party Popping Events, LLC to transport and install balloons, decorations and equipment to and in the venue. If the Client fails to confirm the venue’s policy for balloons, decorations and equipment, and we are not allowed on the premises to make installations, all retainers and payments made to Party Popping Events, LLC will be non-refundable and forfeited.

Venue Access

It is the Client’s sole responsibility to make arrangements for Party Popping Events, LLC to have convenient access of/to the venue for unloading and loading of materials and supplies for the décor installation. Excessive distance from the location where the balloon décor will be placed could result in a delay of time needed for installation and could result in additional fees being accessed to the Client.

If access is denied at any time, or for any reason, this could result in services not being installed punctually or adequately, and/or possibly, not at all. If this occurs, the Client agrees that Party Popping Events, LLC will not be held liable.

Furthermore, the Client is responsible for obtaining any permits, passes, gate access, codes, wristbands, etc., and providing them to our staff before the installation date and time. Party Popping Events, LLC requires a 24-hour notice of any room changes within the venue.

In the event that Party Popping Events, LLC is unable to access the venue due to the Client's failure to obtain the necessary permissions, Party Popping Events, LLC will not be held liable for any resulting delays, damages, or losses. The Client will remain responsible for the full payment of services, regardless of venue access issues.

Event Details

The Client is responsible for ensuring that Party Popping Events, LLC’s information is on the Vendor’s Contact List. Party Popping Events, LLC requires the name, telephone number and information of a direct contact person at the venue for communication purposes, emergencies, event details, etc. This information must be provided to Party Popping Events, LLC’s representative at least 48 hours prior to the events’ scheduled date and time.

Personal Residence

It is the Client’s sole responsibility to confirm that the owner of the residence, will allow Party Popping Events, LLC to transport and install balloons, decorations and equipment to the property. If the Client fails to gain the homeowner’s permission to transport and install balloons, decorations and equipment to the property, and entry is denied, all retainers and payments made to Party Popping Events, LLC will be non-refundable and forfeited.

Methods of Installation

The Client understands that balloon installations are done using various methods, including but not limited to, command strips, tape, and use of pipe and drape poles, etc. If there is a preference in the method of installation, the Client is responsible for notifying Party Popping Events, LLC. Any preferred methods of installations requested by the Client are subject to additional costs. These costs will be communicated to the client in advance, and the client will be responsible for covering the additional expenses. In addition, the preferred method must be documented in the invoice.

Client Installations

The Client may transport and self-install decorations, using our “Grab-and Go” package. The “Grab-and-Go” package relinquishes Party Popping Events, LLC from all responsibilities of the service, once the sale is completed. This also includes the outcome of the installation. The Client must agree to the “Grab-and-Go” package by signing the invoice. Installation and delivery fees are waived for “Grab-and-Go” packages.

Party Popping Events Installations

There will be a delivery and installation fee figured into the pricing for the event during the booking stage. Failure to have the entire balance paid for, regardless the dollar amount, will result in a cancelled installation and forfeited payments, which cannot be refunded or transferred.

Party Popping Events, LLC will arrive at the venue at the designated time for installation, unless circumstances arise beyond our control (i.e., traffic accident or congestion, other emergencies). Our team will need to unload the equipment and decorations to the designated area and set up a designated working space, free from interruption or traffic from other vendors.

Should inclement weather or other unforeseen circumstances outside of the Client’s or Party Popping Events, LLC’s control, keep us from completing the planned delivery or installation, an alternate indoor or covered delivery location must be provided. No refunds will be given. The time designated for the installation will be utilized, however, any time left over after installation is complete, is not subject to discounts or refunds.

The Client, or a representative of the Client with authority to make décor decisions, must be present on site while Party Popping Events, LLC, it’s contractor(s), or employee(s) is on site. The Client or a representative must be on time as expressed in the Agreement. We cannot be held responsible for delays (or incomplete décor) if not allowed a reasonable amount of time to complete décor services as described in this Agreement. If the Client or representative is late, an hourly fee may be added to the invoice.

Exclusivity Clause

By signing the Event Decorating Service Agreement, the Client agrees that there will be no other balloons, balloon decorators, or balloon companies onsite, or no other balloons from other vendor sources on the event site, including the inflation of balloons by volunteers, throughout the entire installation and event. If this occurs, Party Popping Events, LLC reserves the right to refuse further service towards the event for Breach of Contract, resulting in forfeited payments. The Client may also incur an additional $100 fee, which must be paid immediately, before installation, if there are other balloons on site at the event, other than those being installed by Party Popping Events, LLC. The only exception to this Clause would be if the Client and Party Popping Events, LLC agreed prior to the event and it is written into the contract (Event Decorating Service Agreement, along with a detailed description as to what the other vendor will be installing.

Striking & Disassembling

Party Popping Events, LLC will strike and disassemble decorations and equipment, if desired by the Client. A striking fee of $50.00 or more (for Events ending before 9:00 p.m.) and $80.00 or more (for Events ending after 9:00 p.m.) will be applied to the total service. Otherwise, the Client is responsible for disassembling and properly disposing of the balloon decorations only. The Client will be responsible for any damage or loss of equipment that occurs during the event and during the striking and disassembling of balloons. Any such damages or losses are subject to additional charges, which will be billed to the client. Party Popping Events, LLC will disassemble all rental equipment (i.e., props, poles, hardware, etc.). If the Client chooses to strike the event after the striking fee has been paid, the fee is non-refundable and forfeited.

Party Popping Events, LLC’s Ownership of Equipment & Materials

All equipment (i.e., backdrops, stands, hardware, and props) used for the service, are the sole property of Party Popping Events, LLC and are used on a rental basis only. The Client is responsible for providing Party Popping Events, LLC access to the venue to retrieve said equipment and props after the event. By signing the Event Decorating Service Agreement, the Client agrees he/she is solely responsible for the equipment, during and after the event, until the property is surrendered back to Party Popping Events, LLC for strike and teardown. The failure to return the property, in its’ original condition, will result in the Client accepting sole responsibility for the property of Party Popping Events, LLC and agreeing to pay its’ full replacement cost or value.

Any form of theft, misuse, damage or vandalism that occurs to any of the property of Party Popping Events, LLC during the event, due to the actions of the Client and/or their guests, will result in the Client accepting sole responsibility for the property of Party Popping Events, LLC and agreeing to pay its’ full replacement cost or value.

Balloon Disclaimer

Party Popping Events, LCC is not liable or responsible for latex and mylar balloons, once they are installed and out of our care. Party Popping Events, LLC cannot guarantee that your balloon decorations will last for a certain period of time, once the balloons have been delivered and/or installed. Please keep in mind that environmental conditions such as weather conditions (i.e., rain, snow, heat, winds, etc.), children, pets, surfaces or foliage, can impact the lifespan of the balloons. Party Popping Events, LLC will replace the balloons that pop during the transportation and installation process. Balloon colors may slightly differ online due to customized color combinations, photo filters and edits.

As latex is a natural product, the balloons may begin oxidizing within minutes and/or hours of delivery. This means that your balloons may begin to give off a velvety sheen and begin to look differently than when first delivered or installed. This is a natural process and cannot be reversed.

Balloon Care

Store balloons in a cool, dry environment and out of direct sunlight as the client understands that décor items may be affected by temperature and humidity. Party Popping Events, LLC cannot be held responsible for the décor in an uncontrolled climate, such as rain or heat, and/or unforeseen acts of nature.
On hot days, or in direct sunlight, balloons may pop within an hour. The same result can occur indoors, if balloons are exposed to direct sunlight through windows.
Very cool environments may cause helium molecules to shrink, reducing the size and float time of balloons.
Keep balloons away from any type of cool breeze for a maximum inflation time.
Do not inhale helium from a balloon. Inhaling helium can result in asphyxiation (loss of consciousness due to insufficient oxygen).
Do not leave balloons in vehicles unattended.
Do not release balloons outdoors. Power failures can result if these balloons become entangled in electric lines. Moreover, latex balloon materials are harmful to animals if ingested.
Keep balloons away from sharp objects.
Latex and/or foil balloons are in no way heat or cold resistant. The gases within balloons expand and contract in hot or cold conditions. Some popping or shrinking may occur depending on the conditions surrounding your balloon display.
Close constant adult supervision of children and pets is strongly recommended when balloons are present, as balloons, broken or uninflated, present a suffocation and choking hazard and should be disposed of immediately and out of reach of children and pets in a proper trash receptacle.
Party Popping Events, LLC is not responsible for the actions of any adult, children or pets, which may result in injury or damage to people or property, nor is Party Popping Events, LLC responsible for any damages occurring to the premises or venue.

The Client accepts sole responsibility for balloon care post-installation. The Client may contact Party Popping Events, LLC should any issues arise with our equipment soon after installation and after Party Popping Events, LLC has left the venue. The Client may incur and billed an additional fee if Party Popping Events, LLC has to respond back to the venue to address any issues caused by either the Client or the Client’s guests/attendees. If any issues arise, other than with our equipment, the Client or the Client’s representative, should immediately contact the proper authorities for appropriate care or help (i.e., 9-1-1, medical provider, utility company).

Balloon Releases

Party Popping Events, LLC does not participate in balloon releases of any kind, regardless of the number of balloons requested by the Client. Party Popping Events, LLC has the right to refuse or book a service involving balloon releases.

Natural Disasters or State of Emergencies

Party Popping Events, LLC will not cancel an event due to weather conditions, unless it is a declared natural disaster, or a State of Emergency ordered by State, Governmental and/or local officials. If dangerous weather, or a natural disaster occurs, an Act of God, Force Majeure, riot, strike, epidemic, or orders from a local public governmental official or law enforcement authority, causes the venue to close and/or prevents the event from taking place, the Client may reschedule the installation for a different date, within one (1) year. The Client understands that payments are non-refundable, except as otherwise provided herein.

If the Client cancels the event due to rain or other bad weather, not designated as dangerous, a natural disaster, or State of Emergency, the Client understands that payments are non-refundable, non-transferable and forfeited unless the rescheduling provision was complied with.

Outdoor Events

By signing the Event Decorating Service Agreement, the Client acknowledges that decorations may be affected by temperature and humidity, something that Party Popping Events, LLC cannot be held liable for.

In addition, Party Popping Events, LLC will not be held liable for the reaction of any balloon decorations due to the weather conditions or uncontrollable acts of nature, including but not limited to, sunshine, rain, wind, or extreme heat or cold weather, and other atmospheric conditions that may dramatically affect the balloon decor. Due to the general nature of balloons, we CANNOT guarantee that your classic balloon décor, deliveries, and balloon sculptures will remain perfect and intact when used outdoors or be guaranteed to withstand inclement weather. The Client should have an indoor contingency plan in place to include an indoor location for deliveries and setup.

In the event there is a situation that prevents Party Popping Events, LLC from installing the decorations in the original location at a venue, the Client is responsible for making arrangements or having a backup contingency plan in place at an indoor location for deliveries within close proximity to the original venue. It is clearly understood that there will be no refunds or discounts for loss, breakage, or failure to produce the expected product due to factors outside and beyond our control. The Client’s failure to make backup/contingency arrangements, will result in their payments being non-refundable, non-transferable and forfeited. All Sales Are Final.

Accident Clause

Party Popping Events, LLC is not responsible for accidents, incidents or injuries related to our décor that is caused by mischief or mishandling by the client, guests, or site staff. Examples of mischief or mishandling includes the following but not limited to;

Popping Balloons Intentionally: Deliberately popping balloons near faces or sensitive areas can result in injury from flying fragments, especially to the eyes.
Inhalation of Helium: Inhaling helium from balloons can deprive the body of oxygen, potentially leading to dizziness, fainting, or, in extreme cases, suffocation.
Using Balloons Near Heat Sources: Latex balloons can pop when exposed to heat sources like open flames, stoves, or heating vents, while Mylar balloons can conduct electricity and cause fire or short circuits near electrical sources.
Improper Outdoor Use: Releasing balloons, especially Mylar, into the environment can harm wildlife or cause power outages if they come into contact with power lines.
Releasing Balloons Indoors: Releasing balloons indoors near ceiling fans, vents, or other equipment can lead to tangling or breakage, possibly causing injury or damage to property.
Latex Sensitivities: Latex balloons can trigger allergic reactions, including rashes, respiratory issues, or anaphylaxis in individuals with latex allergies. Clients should be aware of potential allergic reactions and latex sensitivities among guests and inform them accordingly, having them refrain from having contact with the latex balloon products.
Choking Hazard: Balloons are a choking hazard. Please do not allow guests to put the latex or Mylar balloons into their mouths. The Client is responsible for not giving balloons to younger children. All children present should be under close constant adult supervision while handling latex and Mylar balloons.
Always practice safety measures when near or handling balloon products.

Balloons are, by nature, temporary items. Although Party Popping Events, LLC uses only the finest quality balloons, some balloons will occasionally pop or deflate sooner than expected and will also be adversely affected by wind, rain, rough handling, sunlight, and other uncontrollable factors. Latex and micro foil balloons pose no threat to humans, wildlife or the environment when handled responsibly. Broken or uninflated balloons can cause harm to young children and pets and should be disposed of immediately, and out of reach, in a proper trash receptacle. `

Fees

Delivery fees usually start at $50 or more, depending upon the travel distance to the event, the type of vehicle used for the delivery, and the size of the order to be delivered.

Installation fees of $50.00 or more, depending upon the amount and/or size of the installation, will be applied to decorations such as balloon garlands, columns, arches, balloon bouquets, centerpieces, backdrops and rentals.

Striking fee: If you would like us to remove all the balloon decorations after the event, you will be charged with a striking fee of $50.00 or more (for Events ending before 9:00 p.m.) and $80 or more (for Events ending after 9:00 P.M.) depending upon the amount and/or size of the strike.

Rush order fees includes services that are booked less than thirty (30) days before the event. Clients are subject to a rush order fee of $100.00.

Cancellation Fees are applied to the service if a written notice of cancellation is not received at least within the fourteen (14) days prior to the Event. The Client will assume a $100 cancellation fee.

All fees must be paid in full prior to the event date.

Changes in Fee Structure

Party Popping Events, LLC reserves the right to modify its fee structure at any time. Any changes to fees will be communicated to clients (either verbally and/or updated online at our website) a minimum of thirty (30) days prior to their effective date. For clients with existing contracts, the original fee structure will apply unless the event date is changed or additional services are requested. By continuing to use our services after the notice period, the client agrees to the updated fees.

Display & Promotion

By signing the Event Decorating Service Agreement and the Photograph and Video Consent Form, the Client agrees that Party Popping Events, LLC will use the decorated displays for video recordings and photography purposes. Videos recordings and photographs can be used on the official Party Popping Events, LLC’s website, social media platforms, flyers, billboards, displays, commercials, and any other form of promotional marketing.

Confidentiality

Both parties agree that any proprietary, confidential, or sensitive information disclosed during the course of this Agreement, whether orally or in writing, shall be kept confidential. This includes, but is not limited to, pricing, designs, techniques, client lists, event details, and business operations. Neither party shall disclose such information to any third party without prior written consent from the other party, except as required by law. This obligation of confidentiality shall survive the termination or expiration of this Agreement.

Any breach of this confidentiality provision may result in legal action, and the disclosing party shall be entitled to seek injunctive relief, damages, or any other remedies available under law.

Hold Harmless and Indemnification Agreement

Client Responsibilities:

The Client is responsible for all purchased/rented products after installation is complete. The Client must supervise all use and prevent any misuse or abuse of helium, balloons, equipment, and related materials. DO NOT allow anyone to inhale helium from the filling equipment or balloons. Inhaling helium gas directly from a high-pressure tank or inflated balloons can cause dizziness, drowsiness, loss of consciousness, or other serious injury. Popping balloons can cause eye or other injuries; therefore, protective gear, including eye shields, should be worn.

Hold Harmless Agreement:

The Client hereby agrees to hold harmless and without liability, Party Popping Events, LLC, and all its principals, owners, or employees from any claims of third parties arising from any of the following: helium inhalation or injury from lack of oxygen, slipping on broken balloons, latex allergies, children accessing balloons before, during, or after events, children and/or adults putting balloons in their mouths and choking, eye/facial/body injuries from popping balloons, heart attacks from popping balloons, hearing loss due to popping balloons, lesions, abrasions, suffocation, choking, loss of sight, loss of hearing, dizziness, drowsiness, loss of consciousness, broken body parts, death, or any other personal or property damage caused or alleged to have been caused by popping balloons, damage to swimming pool filtration systems caused by broken balloons or for any other personal injuries and/or property damage arising from equipment or displays owned or created by Party Popping Events, LLC.

Indemnification Agreement:

The Client agrees to indemnify, defend, and hold harmless Party Popping Events, LLC, and all its principals, owners, or employees from any and all claims, damages, losses, liabilities, costs, and expenses (including but not limited to attorney's fees) arising out of or resulting from the Client’s negligence, misuse, or abuse of helium, balloons, equipment, and related materials, including but not limited to the following: helium inhalation or injury from lack of oxygen, slipping on broken balloons, latex allergies, children accessing balloons before, during, or after events, children and/or adults putting balloons in their mouths and choking, eye/facial/body injuries from popping balloons, heart attacks from popping balloons, hearing loss due to popping balloons, lesions, abrasions, suffocation, choking, loss of sight, loss of hearing, dizziness, drowsiness, loss of consciousness, broken body parts, death, or any other personal or property damage caused or alleged to have been caused by popping balloons, or damage to swimming pool filtration systems caused by broken balloons.

The Client shall not indemnify Party Popping Events, LLC, or any of its principals, owners, or employees for their own acts or omissions.

Limitation of Liability

To the fullest extent permitted by law, Party Popping Events LLC shall not be liable for any indirect, incidental, special, or consequential damages arising out of or in connection with the services provided, including but not limited to loss of profits, loss of use, or loss of goodwill. The total liability of Party Popping Events LLC for any claims arising out of or relating to this agreement shall not exceed the total amount paid by the client for the specific event or service in question. This limitation of liability applies regardless of the nature of the claim, whether in contract, tort, or otherwise, and even if Party Popping Events, LLC has been advised of the possibility of such damages.

Insurance Coverage (If Applicable)

The client agrees to maintain appropriate general liability insurance coverage for the event, which must cover potential property damage, bodily injury, and any other liabilities associated with the event. The client shall name Party Popping Events, LLC as an additional insured on their policy. Proof of insurance, including the endorsement naming Party Popping Events, LLC as an additional insured, must be provided at least two (2) weeks prior to the event date.

Failure to provide such proof of insurance may result in the cancellation of services, without liability to Party Popping Events, LLC. The client agrees to hold Party Popping Events, LLC harmless from any claims, damages, or liabilities arising from or related to the event that fall within the scope of the required insurance coverage.

Independent Contractor (If Applicable)

The parties enter into this Agreement as independent contractors and nothing contained in this Agreement shall be construed to create a partnership, joint venture, agency, or employment relationship between the parties.

Children and Pets

Because of the danger of suffocation and choking hazard, close adult supervision is required at all times when children are playing with any type of balloon. Children under 8 years of age and pets can choke on uninflated, broken balloons and balloon fragments. Do not allow children or pets to chew or suck on balloons. Children can accidentally suck balloons into their mouths while trying to inflate them. Keep uninflated, broken balloons and balloon pieces away from children and pets as they can pose choking and suffocation hazards which may lead to serious injury if ingested. Immediately discard uninflated, broken balloons and balloon pieces in a proper trash receptacle out of reach of children and pets. The Client is responsible for supervising all use, and employing safety measures when children and pets are present, to prevent all misuse or abuse of balloons, equipment and materials related to the event.

Dispute Resolution and Legal Fees

In the event of any dispute arising out of or relating to this Agreement, that cannot be resolved by mutual agreement, the parties agree to first attempt to resolve the matter through good-faith mediation. Mediation fees shall be equally shared by both parties. If mediation is unsuccessful or either party chooses not to mediate, the dispute shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association. The prevailing party in any arbitration proceeding shall be entitled to recover reasonable attorney's fees, arbitration costs, and any other related expenses from the non-prevailing party.

Severability

In the event any provision of this Agreement is deemed invalid or unenforceable, in whole or in part, that part shall be severed from the remainder of the Agreement and all other provisions should continue in full force and effect as valid and enforceable.

Legal and Binding Agreement

This Agreement is legal and binding between the Parties as stated above. This Agreement may be entered into and is legal and binding in the United States. The Parties each represent that they have the authority to enter into this Agreement.

Independent Legal Counsel

Each party acknowledges that they have had the full and fair opportunity to seek independent legal advice before signing this Event Decorating Service Agreement. By signing below, both parties confirm that they fully understand the terms and conditions of this Agreement and enter into it voluntarily, without undue influence or coercion. The act of signing represents each party’s agreement to the terms herein, having exercised their right to seek counsel if they so choose.

Choice of Law and Venue

The Parties agree that this Agreement shall be governed by the laws of the State of Florida. Jurisdiction and venue shall be in Manatee/Sarasota County, Florida.

Termination

Either party may terminate this Agreement under the following conditions:

Client-Initiated Termination: The client may cancel the services provided by Party Popping Events, LLC by providing written notice at least fourteen (14) days prior to the scheduled event date. If cancellation occurs less than fourteen (14) days before the scheduled event date, the client shall forfeit any deposits made and may be responsible for additional costs incurred by Party Popping Events, LLC up to the date of termination.

2. Party Popping Events, LLC-Initiated Termination: Party Popping Events, LLC reserves the right to terminate this Agreement at any time in the event of:

Non-payment by the client within the specified time frame.
Failure by the client to provide necessary event details or access required for successful execution of services.
A breach of any other terms and conditions outlined in this Agreement by the client.

3. Force Majeure: Either party may terminate this Agreement without liability in the event that unforeseen circumstances beyond their control (including, but not limited to, natural disasters, government restrictions, or public health emergencies) make it impossible or impractical to fulfill the obligations under this Agreement. In such cases, Party Popping Events, LLC shall return any deposits made by the client, minus any costs already incurred.

4. Effect of Termination: Upon termination, Party Popping Events, LLC shall immediately cease providing services, and the client agrees to pay for any services rendered up to the date of termination. All obligations related to payment and confidentiality shall survive the termination of this Agreement.