Terms And Conditions.
General Decor Policy
Please read these Policies ("Terms," "Terms of Service," "Policies") carefully before using any services provided by Holy Moly Event (Vendor). Your use of Vendor Services is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, clients, customers, and others who wish to use the service.
You agree to be bound by these Terms by commissioning or using Vendor. If you disagree with any part of the terms, you should not use Vendor Services. At our sole discretion, we reserve the right to modify or replace these Terms at any time.
Reservation of Services: To reserve Holy Moly Event's services, the Client must sign the service agreement contract and pay a deposit (including non-refundable service retainer) by all indicated due dates. The services' cost will be the value shown on the invoice, and payment is due no later than one week before the event date or taking possession of the rentals, whichever comes first.
Service Retainer: A $200 non-refundable service retainer is included in all payments made at booking. The retainer obligates the Vendor to reserve your event date and time and prevent other potential clients from booking. The service retainer is applied to the final balance and not billed as an additional cost.
Deposits: The Client must make a 30-50% deposit as indicated on the invoice by any stated due date to lock in the price and guarantee service availability.
Planning: As part of your order and at no additional charge, a total of 12 planning hours are provided. These hours include but are not limited to your initial consultation, research, written proposal, revisions, and related research. Additional planning time will be charged at $50/hr. Activities included extra planning but were not limited to research, modifications to order, auxiliary meetings, conversations via email, phone, or other design or event planning methods. Site visits are $50/hour, including travel time. The Vendor reserves the right to waive any fee and add additional consultation time for more significant events deemed necessary by Vendor.
Booking: An event is ONLY considered "booked" after payment non-refundable retainer is made by the due date indicated on the service invoice. If the Client allows quotes/invoices to expire, it is understood that the event date and time will be made available to other clients, and any discount or special promotion applied will be removed and invalid.
Decor Equipment: All re-usable equipment, including but not limited to frame, lighting, poles, fabric, and others, are the property of a Vendor and must remain onsite for pickup at a specified time and date. The Client is responsible for all losses due to theft, vandalism, misplacement, or damage. If our equipment is damaged, misplaced, or stolen, the Client agrees to be billed for the item's repair or replacement cost (s). Depending on the decor, we may build decor items onto a disposable framework for an additional cost. Otherwise, a return pickup fee for all decor items that require breakdown and pickup will apply.
Payment Policy: All payments must be made according to the stated payment schedule. 50% of the invoice total is required as a deposit. However, the full invoice payment can be made with the balance due two (2) week before the event, delivery/setup date. If the decor job is booked less than two (2) weeks in advance OR where a coupon/discount applies, the total payment amount is due upon signing the service agreement or within two (2) business days of receipt. Failure to make payments by the due date or on time may result in any or all of the following:
Invalidation and removal of any applicable discounts, special promotions, complimentary services, etc.
Release of event delivery/setup date and time.
A $250 fee to reinstate the event date and time.
Termination of the contract.
Refund and Cancellation Policy: The Client maintains the right to cancel at any time before the delivery date; however, a cancellation fee will apply. Refunds will be calculated based on items purchased specifically for your event (including but not limited to custom balloons or accessories if applicable) and accumulated time invested in your event (including but limited to the site visit, etc.) Refunds must be requested in writing by mail or email ONLY and will be processed within 14 business days from receipt of the request. The refund total will be considered as follows:
The Service Retainer is non-refundable.
Refunds requested more than three weeks to the event: paid total minus retainer.
Refunds are requested less than three weeks before the event: a maximum of 50% of the total balance is refundable.
No refund will be made after delivery has been made or accepted.
Venue: Rules and regulations of all event sites are the Client's responsibility. The Client shall provide a copy of all pertinent rules to Vendor before securing our services.
Delivery/Setup/Pickup: The Client must secure and confirm access to the event location to ensure timely setup. The Vendor cannot be held responsible for delays (or incomplete decor) if a reasonable amount of time is not allowed to complete delivery/setup services. Delivery to additional locations (i.e., hotel/home/church, etc.) not mentioned in the order will incur additional delivery and setup fees. In the event of setup or pickup delays caused by such parties as but not limited to the caterer, baker, venue, DJ, band, or wedding party, a minimal additional fee of $50.00 per -hour per onsite Vendor staff member will be charged.
Delivery: Decorating staff will arrive on site within the delivery/setup window.
Setup: Setup is included in the cost of decor unless otherwise stated on the client invoice and includes placement of all decor items (rental equipment or balloon decor) in a predetermined area or as seen fit by the delivery/setup team.
Return Pickup: Pickup staff will arrive on-site within the hour of the stated pickup time. If the venue has any restrictions that may affect our ability to return pickup, including but not limited to specific closing time, the fee per hour policy, etc. In that case, it is the clients' responsibility to make the Vendor aware of such restrictions.
Onsite Changes: Our mission is to make you and our balloons look great. If we cannot complete the decor as designed and planned due to unforeseeable circumstances at the event venue or client preference. The Vendor will assess a change fee if we incur any additional labor or material expense due to such changes.
Limitation of Liability: Neither Vendor nor Client will incur a liability to each other for failing to perform any obligation under this Agreement if such failure results from a force majeure or any forces beyond reasonable control. The Vendor is not responsible for severe inclement weather, acts of God, or other situations that may cancel or postpone your event. Please note that the Vendor will make every effort to accommodate date changes as permitted by our schedule. If incapacitating illness, injury, or emergency, the agreed-upon Vendor shall substitute a balloon artist of equal or higher skill at no additional cost to the Client. If no replacement can be found, the Vendor and Client will be discharged of all obligations under this Agreement, and all deposits returned. We are not responsible for accidents or injuries related to our decor caused by mischief or mishandling by the Client, guests, or site staff. The Client agrees to indemnify and hold the Vendor harmless of and from all claims, demands, losses, causes of action, damage, lawsuits, and judgments, including attorneys' fees and costs, to the extent caused by or arising out of or relating to the work of Vendor.
Inclement Weather Clause: Holy Moly Event shall not be responsible should weather conditions make it impossible to set up decor service (as described in this Agreement). These weather conditions include but are not limited to severe winds, rain, or snowstorms. However, if inclement weather prevents delivery of the agreed decor, the Vendor will make every effort to accommodate date changes as permitted by our schedule.
Balloon Decor Policy
The following applies to all Balloon Decor jobs:
Sole Balloon Artist: Holy Moly Event will be your event's sole exclusive balloon decor provider. Any designers will be direct employees or sub-contractors of the designated sole Balloon Artist used at this event. By signing this Agreement, the Client agrees that no other person or company, including but not limited to a caterer, coordinator, planner, event designer, volunteers, professional, or otherwise, shall provide balloon products or decor for the Client's event without the written notice and consent of the Vendor. This part of the Agreement protects our professional reputation and ensures uniformity throughout your event. Any exceptions must be approved in writing by Vendor, and exceptions are at the sole discretion of the Vendor.
Decor Prototypes – depending on the design, we will use our balloon decorating software to mockup an illustration of your request at no cost when possible. Otherwise, we charge a fee for building you an example of a possible design for your event. We do this for several reasons – we often have to purchase supplies; we spend time building the prototype; we photograph and email digital photos for your approval.
- $250 minimum service fee for this service applies.
- You may make up to 3 changes — after 3, you will be charged another Prototype Fee.
Material Guarantee: All materials are guaranteed to be as specified by the manufacturer. Suppose a supplier discontinues a product or a manufacturer changes material type. In that case, the Vendor reserves the right to make any last-minute changes (at our discretion based on the availability of materials at the time of the event). In addition, we reserve the right to substitute an item of like kind and quality.
Disclaimer: We use professional equipment and material for its particular purpose within all designs. To limit your risk of damage, we recommend that all decor and items remain in the position and location they are ordered for, installed in, or placed in. Please do not use any decorations designed for indoor use, outdoor or outside covered 4-wall framed structures.
Outdoor Decor: We use only the highest quality products and techniques to build your decor. However, we CAN NOT guarantee that balloons will remain perfect and intact when used outdoors due to the general nature of balloons. Most outdoor decor is still subject to popping, "frosting," fogging/oxidation of the colors, and/or movement from the wind. If inclement weather conditions make it difficult or impossible to produce as specified, the Vendor will do its best to be flexible with providing decor alternatives. It is clearly understood that there will be no refunds or discounts for loss, breakage, or failure to produce due to factors outside and beyond our control.
Exclusivity Clause: Due to our designs’ professional level, there will be no other balloons from other vendor sources on the event site during the scheduled setup time, including the inflation of balloons by volunteers. If this occurs, the Vendor reserves the right to leave the job site for breach of contract. Exceptions: if the Client and Vendor agree before the event, it is written into the contract.
The following applies to all Party Rental jobs:
Rental Ownership: The Rental/s is the property of the Lessor and will remain the property of Holy Moly Event. Lessee agrees that the equipment leased is for Lessee's use, and said equipment is not to be loaned, sub-let, mortgaged, or in any other manner disposed of by Lessee. Lessee further agrees to be liable for any loss of said equipment because of fire, theft, or any other cause. All rental items are a short-term single-use lease; Rental/s are not for sale.
Lease and Deposit: The lease for Rental/s will be the value indicated on the invoice, and the Lessor will be paid before the Lessee event date or taking possession of the equipment, whichever comes first. All rental rates are based on a 12hr rental period. Longer-term rates are available at an additional charge. The Lessee will pay a deposit as indicated on the invoice before taking the equipment possession. The Lesser will refund the deposit to Lessee at the end of the term providing that the Lessee has performed all of the Lessee's obligations as outlined in this Agreement.
Right to Use: Lessor is not responsible for bad weather, disruption of electrical service, and/or unfavorable conditions that may arise, and no charges or fees will be reimbursed. Rental/s shall not be removed from the designated location once items are placed by the delivery crew without the written consent of the Lessor. Lessee will immediately discontinue use of the Rental/s should it at any time, while in Lessee's possession, become unsafe or in a state of disrepair and shall immediately notify Lessor that the equipment is unsafe and in disrepair.
Use of Rental/s: All Rental/s shall be used for the purpose designed at the designated address for the stated period for said equipment was manufactured and intended. There will be no standing on or sitting on the arms of the chairs. Rental/s must not be altered, modified, or serve as an attachment point for anything that cannot be easily removed without damaging the equipment's functional capacity or economic value. Rental/s must be returned with all attachments, accessories, and parts in the same condition as originally received. Please do not place any equipment outside of covered 4-wall framed structures (i.e., covered walled tent).
Delivery of Rental/s: The Lessee shall be present on-site during delivery and installation to personally inspect the rented property to find it in good working and undamaged condition when received. The Lessee's sole responsibility is to ensure the event space is suitable and appropriate for safe delivery and installation of all Rental/s. Please tell us if the event venue has more than four exterior or interior steps, no access ramp or accessible elevator, and the event space is not on the main floor. It affects the scheduling, the number of crew members assigned to the delivery, and possible pricing. We do not allow non-employees to assist with lifting any rental item; therefore, this could severely affect our ability to complete the time setup, resulting in an additional delivery cost of up to $200. No Refunds will be granted on rentals, whether used or not, once they have left our warehouse.
Loss and Damage: If the Rental/s are lost, stolen, or damaged, Lessee will pay Holy Moly Event the current market cost to replace or repair any Rental/s lost, stolen, or damaged. Lessee will be responsible for loss of or damage to the Rental/s caused by reckless, careless, or abusive operation or use of the equipment and loss or damage caused by dishonesty of event guest, venue staff, or any present person at the time damage or loss occurs. Any damages done to the Rental/s during the party will be charged to the Lessee, including but not limited to breaking, holes, stains from food or clothing, and chips in the paint. Any deposit or credit card pre-authorization will immediately be applied towards the total replacement or repair value of any lost or stolen equipment damage.
Staining Warning: Due to the staining nature of dark or black denim colors, we ask that person/s wearing those materials NOT BE PERMITTED to sit in chair/s. This caution includes but is not limited to other widespread staining hazards like curry (food), ink/marker, coffee, red wine, etc. Dark Jeans and other staining hazards will cause permanent damage to the rentals, and Lessee will be responsible for the total replacement value of the rented item and/or assessed a $750.00 cleaning fee if the unit is determined not to be permanently damaged.
Hold Harmless Provisions: The lessee agrees to indemnify and hold the Lessor harmless from any claim, actions, suits, proceedings, costs, expenses, fees, damages, and liabilities, including, but not limited to, reasonable attorney's fees and expenses, arising because of injury, damage, or death to persons or property, in connection with or resulting from the use of the leased equipment. This includes, but is not limited to, the manufacture, selection, delivery, possession, use, operation, or return of the equipment. Lessee releases and holds harmless the Lessor from injuries or damages incurred due to the use of the leased equipment. The Lessor cannot, under any circumstances, be held liable for injuries due to inappropriate use, God, nature, or other conditions beyond its control or knowledge. Lessee also agrees to indemnify and hold harmless Holy Moly Event from any loss, damage, theft, or destruction of the equipment during the lease term and any extensions thereof.
Disclaimer of Warranties: Holy Moly Event makes no warranty of any kind, either express or implied, as to the condition of or performance of any leased equipment, and Lessee agrees to immediately cease use of the equipment and contact Holy Moly Event if any of the leased equipment develops any indication defect or improper working conditions. Lessee agrees to use the equipment at Lessee's own risk.
Breach/Indemnity/Arbitration: If the Lessee breaches any of the terms of this lease, that Lessee will pay for all consequential damages and further indemnify the Lessor for all costs incurred by the Lessor incurred in enforcing the terms of the lease or in defending any claim or lawsuit arising out of the operation of said equipment, including the amount of any judgment, attorney's fees, and costs. If Holy Moly Event determines, within its discretion, that Lessee has failed, in any way, to observe or comply with the conditions of this Lease, the Lessor may exercise any of the following remedies: termination of this Agreement; reenter property and retake the equipment; declare any outstanding rent and charges immediately due and payable and initiate whatever legal proceedings necessary to recover said equipment or monies, and/or pursue any additional remedies available it by law. Holy Moly Event and Lessee will abide by the New Jersey state laws and forgo filing a lawsuit to solve the dispute if a conflict arises.
PLEASE CAREFULLY CONSIDER THE CANCELLATION TERMS BEFORE COMMITTING
In the event of a cancellation, Holy Moly Event retains the right to apply fees as follows:
For cancellations within two (2) weeks of the event – 100% of the retainer and deposits will be applied (to cover expenses incurred for the preparation of the event, which includes but is not limited to: cost of materials, operating cost & lost wages.
All cancellation requests must be made in writing and postmarked or emailed within the guidelines of this Agreement.
Acceptance of Proposal: The invoiced prices, specifications, and conditions are satisfactory and are hereby accepted. Holy Moly Event is authorized to perform the service as specified.
Payment will be made as outlined above.
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