Payment

Final payment may be made via Squarespace to assure fulfillment of this agreement. You will receive an invoice from Squarespace to the e-mail provided by you in the Inquiry Form.

Refunds

• Mad’s Magical Moments is an event company specializing in balloon decor installations and Bounce House Rentals. Anyone retaining services from Mad’s Magical Moments will be required to pay a 50% non-refundable deposit fee based on the size, detail, and value of the installation. This payment is expected to be paid in full prior to any services being rendered to the Client.

• No refunds are given for any payments towards the non-refundable deposit fee, even if the fee is not paid in full.

• I understand situations arise that will either require the Client to cancel or reschedule their event, and although I am empathetic to those situations, I am unable to refund any payments made. When I accept an order, I begin working immediately on selecting the best design, décor and supplies needed to accomplish our goal, which is, a perfect installation for your event.

The 50% non-refundable deposit fee, retains Mad’s Magical Moments for your installation and the remaining balance is used to order any materials, supplies, as well as cover any labor, traveling expenses, etc. As long as a written notification is received by Mad’s Magical Moments and the cancellations/rescheduling guidelines are followed, we are able to reschedule the installation.

Failure to inform Mad’s Magical Moments by the required time for the cancellation/rescheduling of an installation, may result in any/all of the following:

• The forfeiture of any payments already made

• The release of event date and time

• Termination of the contract

• Cancellation fees

Rescheduling

The Client has the freedom to reschedule the installation with a written 7 (seven) day notice. The Client may reschedule for any date within the next 365 calendar days, at the convenience of Mad’s Magical Moments, without being charged a cancellation fee. The reschedule date is subject to availability. If we are unavailable, the below cancellation policies and fees will apply. We suggest that if the Client needs to reschedule, they include the preferred date to reschedule as well as a second choice, in the event that the first choice is unavailable.

Cancellations

The Client has the freedom to cancel at any time without receiving a cancellation fee, so long as Mad’s Magical Moments receives a written notice within 7 days of the scheduled installation. If a written notice is provided to Mad’s Magical moments less than 7 days prior to the scheduled installation, the Client will assume a $100 cancellation fee. Please be aware, all payments made towards any of the following, including but not limited to; retainer fee, materials, supplies, labor, etc. will be forfeited and considered non-refundable.

PLEASE CAREFULLY CONSIDER THE CANCELLATION TERMS BEFORE COMMITTING

In the event of a cancellation, Mad’s Magical Moments retains the right to apply fees as follows:

• For cancellations within 48 hours of event – The entire amount paid will be kept by Mad’s Magical Moments. No exceptions.

• For cancellations within +48 hours of event – Mad’s Magical Moments has the discretion to determine a reasonable amount to refund client based on industry standards, professionals, etc. No exceptions.

• All cancellation requests must be made in writing and postmarked within the guidelines of this agreement.

• If client is not satisfied with final product, Mad’s Magical Moments reserves the right to agree or disagree to make changes to the balloon decor.

Acceptance of Balloon Decor Proposal

The above prices, specifications and conditions are satisfactory and are hereby accepted.  Mad’s Magical Moments is authorized to perform the service as specified.  Payment will be made as outlined above.

Independent Contractor

The Terms & Conditions are not to be misconstrued as an employment agreement in any way. Mad’s Magical Moments and its Creative Director, as well as the team and/or any vendors accompanying the Creative Director functions solely as independent contractors. The Client understands that the Creative Director is a professional and does not need to be supervised during the installation of the balloon decor.

Venue

Mad’s Magical Moments will arrive onsite as specified by the client.  We cannot be held responsible for delays (or incomplete decor) if we are not allowed a reasonable amount of time to complete decor services as described in this agreement. Please allow at least three hours of setup time, unless otherwise discussed and agreed upon with the Creative Director prior to the scheduled installation date.

It is the Client’s sole responsibility to confirm if the venue allows; helium tanks, helium balloons, tall structures, wall hangings, tall ladders, etc. prior to any payment made to Mad’s Magical Moments. If the Client fails to confirm the venue’s rules for balloons, helium tanks/balloons, balloon machines, extension cords, wall hangings, tall ladders, etc. prior to making any payment(s), said payment(s) will be forfeited and considered non-refundable.

Venue Access

The Creative Director overseeing the installation should receive any permits, access passes, gate/room access cards, wrist bands, etc., 24 hours prior to the date of installation to ensure access to the venue. If access is denied at any time, for any reason, including failure or lack of communication, it will result in items not being installed punctually or adequately, and possibly not at all. If this occurs, the Client agrees that Mad’s Magical moments will not be held liable.

Client Installations

• If applicable, the Client may transport and install their order themselves.

• This must be communicated in writing prior and will not be changed after signing the Terms & Conditions.

• The Client agreeing to transport and install the order themselves, will have the delivery and installation fee waived.

• The Client agreeing to transport and install the order themselves, also relinquishes Mad’s Magical Moments of any/all responsibility for the order once completed and paid for, including the outcome of the installation.

Mad’s Magical Moments 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.

• A team from Mad’s Magical Moments, including your Creative Director, will arrive at the venue at the designated time for installation.

• Our team will need to unload the equipment and decorations to the designated area, set up a designated working space, free from interruption or traffic from other vendors.

• 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.

• Unless otherwise agreed upon, any and all equipment and decorative items are property of Mad’s Magical Moments and will be returned to Mad’s Magical Moments either the same day, after the event or the following day.

Striking & Disassembling

• After an event, the Client is responsible for disassembling the balloons and returning all equipment and property of Mad’s Magical Moments, as well as properly disposing of the remaining balloons.

• If Client order provides for rental equipment, a Mad’s Magical Moments team member will return to the event venue to disassemble and gather equipment. Client is responsible for removing/separating balloons from the rental equipment. Failure to remove the balloons from the rental equipment may incur additional striking fees. 

• Mad’s Magical Moments can strike and disassemble an installation if desired by the Client. In this case a striking fee will be added to the total order during the booking stage.

• If the Client chooses to strike the set themselves after a striking fee has already been paid, that payment will be forfeited and considered non-refundable.

Please advise Mad’s Magical Moments of an acceptable date/time to pick up materials used for event (balloon stands, backdrop stands, drapes, etc.)

Payments

Payments must be made by Squarespce. You are only required to provide an active e-mail address to complete the invoice. Major credit/debit cards are accepted.  Please plan to surrender funds as outlined below:

• A 50% non-refundable/non-transferable retainer fee is required to secure the decorating services as outlined in this agreement. These funds are scheduled to be collected within 48 hours of receipt of invoice.

• The balance of the payment is 4 days from the date of event.

Ordering Clause 

Please Note: Once your order is placed, please reach out to our Creative Director regarding changes (colors, additional columns/arches, additional balloons, etc.) Materials are ordered 24-48 hours after your deposit is made. Therefore, in order to avoid any future inconvenience, please advise of any changes as soon as possible.

Unfortunately, Mad’s Magical Moments does not allow clients to provide their own balloons.

Reductions, Additions & Changes

Removing decor, adding decor or requesting a color change to an installation cannot be done after the Terms & Conditions have 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 the Creative Director, whether or not that order is accepted or declined. If the new order is accepted, it will be subject to the entire Terms & Conditions, as stated in this agreement. This includes 50% of the total balance of the order as a retainer fee.

Please note:  The Creative Director has the discretion to waive these charges if the requested changes do not cause undue delay or undue hardship on Mad’s Magical Moments.

Material Guarantee

All materials are guaranteed to be as specified by the manufacturer.  If a supplier discontinues a product or manufacturer changes material type, Mad’s Magical Moments reserves the right to make any last-minute changes (at our discretion based on availability of materials at time of event). We reserve the right to substitute an item of like kind and quality. If any materials owned by Mad’s Magical Moments are damaged while in possession of the client, you will be responsible for the full cost of said materials.

Ownership of Equipment & Materials

All equipment, materials, and props used for the installation, are the sole property of Mad’s Magical Moments and no ownership rights are transferred to Client upon delivery of the rental equipment. It is clearly understood that all equipment delivered to an installation is used on a rental basis only.

• The Client is responsible for providing access to retrieve said equipment, materials, and props after the event.

• Signing the Terms & Conditions makes the Client solely responsible for the equipment, during and after the event, until surrendered back to Balloon Boss.

• Failure to do so, will result in the Client accepting sole responsibility for the property of Mad’s Magical Moments and agrees to have the card on file charged or be sent an invoice and agrees to pay it.

• Any damage or vandalism that occurs to any of the property of Mad’s Magical Moments during the event, including any damage or vandalism that occurs due to the Client’s guests, will result in the Client accepting sole responsibility for the property of Mad’s Magical Moments and agrees to have the card on file charged or be sent an invoice and agrees to pay it. This includes but is not limited to misuse, theft or disasters (fire, flood, earthquake).

Balloon Float Time

Your balloon decor will be designed around the specifications of your event.

Please note: the following information may or may not be applicable to your event.

• Latex balloons have an approximate float time of 12 hours.

• Mylar/Foil balloons have an approximate float time of 1 week.

• There are many variables that can affect the float time of your balloon decor including but not limited to weather, rain, wind, extreme heat.

• Please be aware of this if you are reserving a date for an outdoor installation.

Display & Promotion

By signing the Terms & Conditions, the Client agrees that Mad’s Magical Moments may use the decorated display including video recordings and photographs for usage on the official Balloon Boss

website, including but not limited to social media networks, flyers, billboards, displays, commercials, and any other form of promotional marketing.

All designs/displays installed by Mad’s Magical Moments are the property of Mad’s Magical Moments, in return Mad’s Magical Moments reserves the right to utilize any/all photographs and video recordings as deemed necessary, for promotional use. This also includes any personal photographs or video recordings taken by the Client or the Clients’ guests.

Mad’s Magical Moments reserves the right to include the official Mad’s Magical Moments logo on any personal photographs or video recordings made from a Mad’s Magical Moments installation. Mad’s Magical Moments also reserves the right to refuse to use any photographs or video recordings made by any of the following, including but not limited to, Mad’s Magical Moments, the Client, the Clients’ guests, photographers, videographers, venue personnel, or any other vendors.

Accident Clause

Customer hereby agrees to hold harmless and without liability, Mad’s Magical Moments LLC and all principals, owners, or employees of said Limited Liability Corporation from any of the following:

Helium inhalation or injury from lack of oxygen, slipping on broken balloons, latex allergies, children having access to balloons before, during or after events, children 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.

*Be aware that some Children and Adults have allergic reactions to latex.  These Children/Adults should refrain from having contact with the latex balloons.

Customer is responsible for supervising all use, and preventing all misuse or abuse of helium, balloons, equipment and material related to the event.

Outdoor Decor Clause

We use only the highest quality products and make every possible effort to make sure that your decorations will meet, and hopefully, exceed your expectations.  However, due to the general nature of balloons, we cannot guarantee that your balloons will remain perfect and intact when installed outdoors.  If inclement weather conditions make it difficult or impossible to produce as specified, Mad’s Magical Moments will do its best to be flexible with providing alternative designs better suited for outdoor installation.  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.

Inclement Weather Clause

Mad’s Magical Moments will not be held responsible should weather conditions make it impossible to perform décor service (as described in this agreement). This includes, but is not limited to, strong winds, rain or snowstorms. Mad’s Magical Moments is not responsible for inclement weather or other situations that may cancel or postpone your event.  Please note that we will make every effort to accommodate date changes to your event.

Vendors & Event Coordinators

Mad’s Magical Moments is focused on installing balloon decorations to create a memorable design for your event. Our primary focus is providing professional service and installing a quality design. We strive for excellence and in return, we expect all vendors or event coordinators who are working together to create this unforgettable event, to expect nothing less than perfection as well. With that, all vendors and event coordinators can be referred to the Client.

• Mad’s Magical Moments is not responsible for assisting other vendors in tasks related to their designated field.

• Mad’s Magical Moments is responsible for maintaining a safe and healthy workspace, installing the balloon decor, striking and disassembling equipment, if applicable, and cleaning up the workspace utilized by Mads Magical Moments.

• Mad’s Magical Moments is not responsible for poor services rendered by other vendors. It will be the Client’s responsibility to settle any discrepancies with the vendors directly.

• Mad’s Magical Moments will not refund any payments made due to other vendors hindering or impeding the progress and quality of the installation.

• Mad’s Magical Moments expects any Client working with an Event Coordinator to ensure their coordinator is abreast of the installation arrangements prior to the day of the event.

Assignment Clause

This Agreement cannot be assigned or transferred without the written consent of both parties.  The waiver of any breach of this Agreement shall not be deemed to be a continuing waiver.  This Agreement contains the complete agreement between the parties. No modification or change to this Agreement shall be valid unless made in writing, dated, and signed by both parties.

Exclusivity Clause

Due to the professional level of our designs, we will not perform balloon decor if any other balloon companies are also decorating for your event, unless there is an agreement made prior to the scheduled installation. This includes the inflation of balloons by volunteers who are not necessarily licensed or insured. If this occurs, Mad’s Magical Moments reserves the right to leave the job site for breach of contract.

Travel Policy for Out-of-Town Installations and Services

• Definition of Out-of-Town: For the purpose of this policy, "out-of-town" refers to any location outside a 50 miles radius from our primary business location in Lexington, KY.

• Additional Travel Fees: To cover the costs associated with out-of-town installations, we have implemented additional travel fees. These fees are necessary to compensate for expenses such as travel time, fuel costs, rental fees and accommodation (if required).

• Travel Fee Calculation: The exact travel fee will be determined based on the specific distance and location of the installation site. The fee will be communicated and agreed upon in advance before any out-of-town services are rendered. It will be clearly stated in our terms and conditions or estimate provided to you.

• Travel Fee Inclusion: The travel fee will be added to the total cost of the project or service. It will be clearly itemized and detailed in the final invoice. This ensures transparency in our pricing and accounting.

• Client Acknowledgement: Prior to scheduling an out-of-town installation or service, we kindly request that you review and acknowledge our travel fee as outlined in our terms and conditions or estimate. Your acceptance of this fee indicates your understanding and agreement to cover the additional expenses associated with the out-of-town provision of our services.