The Fine Print
1. A non-refundable 50% deposit is required at time of booking to reserve the date requested with the balance due TWO weeks before the day of the event. If the order is placed under one week prior to event, the full amount is due at time of booking. All orders for the weekend events must be placed no later than the prior Thursday at noon.
2. Cancellation Policy: Cancellations up to 48 hours prior to event, will result in a credit of the non deposit amount paid. Anything paid beyond the non refundable deposit will be refunded in full by check. Postponements up to 48 hours prior to event, will result in the total amount paid being applied as a credit for the postponed date. Cancellations or postponements within 48 hours of event will result in forfeiture of any funds paid to Balloonzilla, LLC
3. Balloonzilla, LLC is not liable for any unforeseen circumstances such as weather or other acts of God. Balloonzilla, LLC reserves the right to make any necessary changes or adjustments to decor due to above mentioned “unforeseen circumstances”.
4. Balloonzilla, LLC assumes no liability for any damages caused by balloons or their installation.
5. Balloonzilla represents and warrants to Client that it has the experience and ability to perform the services required by this Agreement; that it will perform said services in a professional, competent and timely manner; that it has the power to enter into and perform this Agreement; and that its performance of this Agreement shall not infringe upon or violate the rights of any third party or violate any federal, state and municipal laws. However, Client will not determine or exercise control as to general procedures or formats necessary to have these services meet Client’s satisfaction.
6. In the event of non-payment, Balloonzilla retains the right to attempt collection through all legal and permissible means. Client will be responsible for all court fees, legal fees, and collection costs incurred by Balloonzilla.
7. It is further agreed to and understood that Client shall be charged $50 for each returned check plus a $10 service charge for each collection notice.
8. It is agreed to that Client will take reasonable steps to protect Balloonzilla personnel and equipment during the contracted period, including items that will be picked up. In the event of injuries or damages to the equipment resulting from insufficient protection on Client’s part (except in the case of gross negligence on the part of Balloonzilla), Client will be responsible for paying for all of Balloonzilla’s resulting costs (including, but not limited to, replacement value of items, insurance deductibles, medical treatment, and replacement costs).
9. This agreement cannot be canceled except by mutual written consent of both the Client and Balloonzilla. If cancellation is initiated by the Client in writing and agreed to by Balloonzilla in writing, Client will be required to pay any unrecoverable costs already incurred by Balloonzilla (but not more than the total fee agreed upon).
10. It is hereby agreed and understood that the laws of State of California shall govern this agreement.
11. Client agrees to defend, indemnify, assume liability for and hold Balloonzilla harmless from any and all claims, demands, damages, losses, suits, proceedings, penalties, expenses or other liabilities including attorney fees and court costs, arising out of or resulting from the performance of this contract.
12. Client may not transfer this contract to another party without the prior written consent of Balloonzilla.
13. This agreement is not binding until received and signed by Balloonzilla. Any changes must be written and signed by both the Client and Balloonzilla. Oral agreements are non-binding. The latest contract supersedes all previous contracts between Client and Balloonzilla for the event listed above.
14. If any clause in this Agreement is found to be unenforceable by a court of law, the rest of this Agreement shall remain in full force and effect.
15. This Agreement may be executed in multiple counterparts, and each such executed counterpart shall be deemed an original, but all of which together shall constitute a single agreement.
16. Facsimile signatures to this Agreement are acceptable, or email signatures, and carry with it the same full force and effect as an original signature.
17. Balloonzilla may elect not to exercise rights specified in this agreement. By doing so, Balloonzilla does not waive their right to exercise those rights at a future date.
18. Balloonzilla, LLC has the right to publicly use all images of our designs, on social media, website, printed and online material, or for future sales.