services contract

Payment: 

It is agreed upon by Owner and Client that a non-refundable retainer fee in the amount of 50% of the total cost of service must be paid to reserve the date and service requested. The total cost  is payable in full to Owner no later than 7 days before the event. Orders will not be prepared until the full payment due is received. Owner reserves the right to cancel the order if the payment is not paid in full at any time after the due date. Alternatively, at the discretion of Owner, some services may be removed at the cost of the customer if there is not adequate time to complete them in a satisfactory manner prior to the event due to non-payment. Payment can be accessed by emailed and/or texted invoice link on Square platform only, which accepts ACH Bank Payment, credit, and debit. 

 

AS IS:

Client acknowledges that the rental property is of a size, design, and capacity selected by customer, and that Owner has not made and does not make any representation, warranty, or covenant, express or implied, with respect to the condition, quality, durability, or suitability of the rental property for any particular purpose. Owner shall not be liable to Client for any loss, injury, or damage caused directly or indirectly by the rental property, by any inadequacy thereof, or defect therein. Under no circumstances will Owner be liable for any incidental, special, punitive, or consequential damages arising out of or in connection with the rental property. 

 

Proper Use and Care: 

Client shall use all property in a careful and proper manner, shall comply with all applicable laws and regulations, and shall return the property in the same condition and good repair as when received. Client hereby assumes all risk of loss and damage to the property from any cause whatsoever. Responsibility of the rentals remains with the Client from the time of delivery until the time of return. 

 

Outdoor Events and Weather: 

Sunshine, wind and other atmospheric conditions dramatically affect balloons and other decor. For all outdoor events, balloon decor CANNOT be guaranteed to withstand inclement weather. Balloons may pop, expand, shrink, or oxidize in extreme temperatures. If balloons are in direct sunlight, if Client selects dark balloons, and/or if balloon shine spray is requested, Client acknowledges the increased risk of popping, deflating. Client will have a secondary plan to include an indoor location for storage and use for all decor. Owner and its representatives reserve the exclusive right to not set up or deliver if inclement weather is forecasted or occurring. “Forecasted” is defined as a 50 percent or greater likelihood of rain, snow, or other inclement weather predicted for the rental date by Weather.com. Client agrees that all rentals will be protected from weather at all times and secured in an indoor temperature-controlled environment when not in use. Many rental items are delicate and in vintage condition, especially rattan. Items should not be exposed to extreme heat, cold, wind, or wet conditions, and never be left outside overnight. If no indoor temperature-controlled environment is available to store items when they are not being used, only same-day service is available. 

 

Cancellation and Design Changes:                    

If Client cancels or postpones rentals for any reason, or if Owner cancels due to customer breach of contract, the 50% retainer will not be refunded. With the exclusion of breach of contract by customer, a one-time credit (in the amount of the 50% retainer minus 15% restocking fee) will be issued which can be applied to any future rental for up to one year . The design must remain the same if materials were purchased. No credit will be issued if the cancellation or postponement occurs for any reason within 7 days of scheduled delivery date. Design changes must be made no later than 7 days before the event, and may not decrease the total cost of the order by more than 10% or go below minimum delivery fee, and must be approved by Owner. Approval will depend upon the availability of the requested items and ability to implement the request. Additional restocking, supply and other fees will vary depending on the extent of the change. Client understands that delivery fees may change according to the vehicle required for delivery and additional deposits apply. Alterations will require an updated contract to include new  total and delivery fees. Client acknowledges that Owner’s inventory items are one-of-a-kind or difficult to replace quickly. Owner shall not be liable in the event that any inventory is no longer available because of loss or damage caused directly or indirectly to the rental items. If a suitable replacement cannot be furnished, a refund for that item will be offered by Owner.

 

Delivery/Set up/Tear Down: 

Owner offers delivery within 25 miles of Warrington, 

Pennsylvania, excluding Philadelphia, PA and out of state.) Delivery fees vary based on mileage and  type of vehicle required. Client should allow ample time between delivery and the start of the event. If travel conditions are severe or  unsafe including but not limited to natural disasters, state of emergency, or freezing rain the delivery or pickup will not be completed until conditions have improved and roads are open and/or safe to travel on. This could result in late delivery or postponement/cancellation. Minimum order of $50 is required. Delivery includes assembly and disassembly of items. Client must ensure rental items will fit within door and ceiling measurements prior to delivery. Delivery area must be clear, free from obstructions, and within a reasonable walking distance from parking. If the area is not easily accessible, curbside delivery and pickup will be required.Client is fully responsible for providing timely access to a clean, clear, and safe event area for setup and tear down. Balloons will be removed by Owner concluding the event. Balloons should not be popped by Client or anyone other than Owner. Client assumes all liability if balloons are popped or disposed of by anyone other than Owner.  

 

Client Pickup:

If Client chooses to pick up rental items, Client agrees to transport rental items in a street legal, reliable, clean, closed, and covered vehicle which has been pre-measured to ensure the cargo area will fit rented items. Client must provide moving blankets, ratchet straps or other adequate protective equipment to transport items securely and safely. Client’s vehicle must remain locked and/or supervised at all times while rental equipment is inside. Client certifies they have a Driver’s License, the vehicle they are driving is inspected, registered, and insured in their name, and they have no unpaid parking tickets and/or arrest warrants. Client certifies they will be the only driver of the vehicle while property of Owner is in the vehicle. Client agrees to pay up to six times the rental cost of the item if it is lost, stolen, impounded, or damaged during transport. A visual inspection will be completed the day of transport. If transportation is deemed unsuitable at time of pickup it will be at the discretion of Owner and associates to complete the delivery to the on-site location at the cost of the Client or to cancel the delivery and charge the full amount of the order, plus delivery mileage completed, and any truck rental fees incurred to Owner. 

 

Ownership of Materials/Rental Returns: 

All rentals, equipment, and materials provided by Owner are property of Owner and are used on a rental basis. Should all equipment and materials not be available to retrieve from the location, the Client will be responsible for the full replacement costs of the missing items, equipment, or materials. Client shall not surrender possession of the rental property to any individual(s) other than Owner unless given permission directly from Owner. All rental items must be returned to Owner within the rental period specified on the paid invoice. Extended rental charges of up to 100% per 24-hour period apply  if it is late unless arrangements are made with Owner. If equipment is not returned within 4 days, such failure shall constitute an unauthorized taking. Owner may consider such equipment stolen and take any legal action necessary to recover said equipment and balance owed. In the event a rental item is returned to Offbeat Chic Event Decor and Prop Rentals, LLC stained, damaged, or in broken condition, Client will be charged up to six times the rental cost of the piece in addition to the rental charge and shall be due upon billing. 

 

Respect and Safety: 

Owner and Client agree to maintain a respectful and safe work environment during all communications and all on-site activities. Owner reserves the right to leave the job site immediately and without penalty if any party involved exhibits disrespectful or unsafe behavior. Examples of disrespectful behavior may include, but are not limited to: verbal abuse, physical aggression, harassment, discrimination, or any other behavior that is deemed inappropriate or offensive by Owner. Client agrees to take prompt action to address any disrespectful or unsafe behavior by their employees, contractors, or guests. Client and Owner will work together to resolve any issues or complaints in a professional and respectful manner. 

 

Balloon Decor Safety Warning:

DO NOT allow anyone to inhale helium from the filling equipment or from 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 injury. Balloon shine spray can cause slippery surfaces on balloons and the area surrounding balloons, including the floor. Client is responsible for supervising all use, and preventing all misuse or abuse of helium, balloons, equipment and material related to the event. Client hereby agrees to hold harmless and without liability, Owner and all principals, owners, or employees of said Limited Liability Corporation from any illness or injury including but not limited to: Helium inhalation or injury from lack of oxygen, slipping on broken balloons or slippery areas from balloon spray or other balloon related materials, latex allergies, allergies to balloon accents (such as pampas grass, palm leaves, or feathers), Any person or animal having access to balloons or balloon accents before, during or after events, any person or animal putting balloons or balloon accents 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. 

 

Liability Release indemnification: 

Client assumes liability for, and shall indemnify, defend, and hold harmless Offbeat Chic Event Decor & Prop Rentals, LLC (Owner), its agents, employees, officers, volunteers, and assigns from and  against, any liabilities, obligations, losses, demands, damages, injuries (including, but not limited to, bodily injury, illness, and death), claims, penalties, suits, actions, costs and expenses, including attorneys fee, of whatsoever kind and nature, relating to or arising out of the use, condition (including, but not limited to latent and other defects and whether or not discoverable by Client or Owner), operation ownership, selection, delivery, leasing, or return of the equipment, regardless of where, how, and by whom operated, or any failure on the part of Client to perform or comply with the conditions of this lease. Without limiting the generality of the foregoing, Client shall, at its own cost and expense, defend Owner against all claims, suits or proceedings commenced by anyone in which Owner is named as a party which is alleged to be liable or responsible as a result of or arising out of the equipment, or any alleged act or omission by Owner, and Client shall be liable and responsible for all costs, expenses, and  attorney's fees incurred in the defense and/or settlement, judgment, or other resolution thereof.  In the event any such is commenced naming Owner as a party. Owner may, in its sole discretion,  elect to defend said action on its own behalf with counsel of its choice, and Client shall be liable for and reimburse Owner for all costs, expenses, and attorneys’ fees incurred by Owner in such defense. Purpose of this Clause: The indemnities and assumptions of the liabilities and obligations herein provided for shall continue in full force and effect notwithstanding the expiration or other termination of the lease. In the event Owner fails to perform under the terms of this contract, Owner shall be liable for any attorney's fees and costs expended by Client in any claim or action against Owner for breach of contract and/ or for specific performance.

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