Terms and Conditions for Balloon Experts, LLC Entertainment Services
This agreement outlines the terms and conditions for entertainment services provided by Balloon Experts, LLC (“we,” “us,” or “our”) to the customer (“you” or “your”). By booking our services, you agree to these terms and conditions. “Performer,” “artist,” and “entertainer” are used interchangeably throughout this agreement.
Booking and Payment:
- To secure your event date and time, a 50% non-refundable reservation fee is required within 24 hours of booking.
- For all large/corporate events (excluding educational institutions and government agencies), MUST be paid in full. Full payment is due 7 business days prior to the scheduled event. An invoice will be provided upon booking.
- Your booking is not confirmed until you have approved the event details, agreed to these Terms and Conditions, and submitted the non-refundable reservation fee. Failure to complete these steps will result in your booking not being confirmed.
- Payment Methods: We accept payment by credit card, PayPal, and corporate check. Corporate checks should be made payable to Balloon Experts, LLC and mailed to 499 Delaware Ave Apt 5, Buffalo, NY 14202. Please ensure your booking reference number or invoice number is clearly written on the check.
- Upon confirmation of your booking, which occurs after you have approved the event details, agreed to these Terms and Conditions, and submitted the required non-refundable reservation fee/full payment, you will receive a confirmation email and invoice to the email address provided during the booking process.
Non-Cancelable, Non-Refundable Reservation:
- This is a non-cancelable, non-refundable reservation. Services will be performed regardless of weather conditions.
- No refunds will be issued for cancellations or attempted cancellations, except as specifically outlined in the “Exceptions” section.
Exceptions:
- Schools and Government Agencies: A net 30 payment term is extended to schools and government agencies.
- Performer/Artist/Entertainer Absence: In the rare event that the entertainer, artist, or performer is unable to attend due to a verified emergency or no show, Balloon Experts, LLC will offer one of the following remedies:
- A refund via PayPal.
- A credit for a future event of equal or lesser value.
- A refund by check within 30 days.
- This exception is the only condition under which a refund will be issued.
Late Payments
- Late payments are subject to a daily late fee of $1.00 or 0.1% (1/1000) of the total invoice amount, whichever is greater, for each day the payment is past due. Any previously offered discounts will be forfeited. Non-payment of late fees may result in the invoice being considered unpaid, and late fees will continue to accrue until the final balance is settled.
Cancellations and Rescheduling:
- While this is a non-cancelable reservation, if you need to reschedule your event, please provide written notice at least 24 hours in advance. With such notice, we will issue a “Raincheck,” valid for the same or an equivalent performance within one year, subject to performer, artist, or entertainer availability. The Raincheck cannot be used unless the performer, artist, or entertainer is available.
- Cancellations (including attempted cancellations) will result in forfeiture of any payments made.
- We reserve the right to postpone services due to unforeseen circumstances, including but not limited to, extreme weather conditions, natural disasters, or other events beyond our control. In such cases, we will make reasonable efforts to reschedule the performance at the earliest possible date.
- Please note that any changes to the event venue, address, or time after the booking has been confirmed will incur a $50 change fee.
Client Responsibilities for a Successful Entertainment Experience:
- You must provide access to drinkable water for the performer(s), artist(s), or entertainer(s).
- For face painting and caricature services, please provide a clean, stable table and two chairs in a well-lit area.
- Outdoor Events: If the event is outdoors, you must provide adequate protection from the elements (wind, rain, sun, and extreme temperatures). Tents and space heaters (when necessary) are required to ensure the comfort and safety of the performers and to allow for optimal interaction with guests. Failure to provide adequate protection may result in the performance being shortened or canceled at the discretion of the entertainer, with no refund issued.
- You are responsible for all additional expenses, including but not limited to:
- Parking fees
- (Optional) additional insurance (cost: $50)
- Costumes (if applicable)
- Travel fees For events located beyond a 15-mile radius from our base locations in Buffalo, NY 14202 or Miami, FL 33015, a travel fee of $1.00 per mile will be applied. This fee covers the round trip mileage from our location to the event venue.
- Damage to equipment and Supplies: You are responsible for the care of our equipment and supplies during the event. Any damage to our equipment or supplies caused by your negligence, including but not limited to, the actions of your guests (e.g., children), inadequate climate control, unsafe or unsuitable surfaces (e.g., rickety tables), or other similar circumstances, will be your financial responsibility. You agree to compensate Balloon Experts, LLC for the full replacement value of any damaged or lost items.
- Weather Contingency: You are responsible for providing an alternative location in the event of inclement weather. Temperatures below 65 degrees or above 80 degrees will impact our speed and performance. Whenever possible, the artist(s) should be moved to a climate-controlled environment in these temperature ranges.
- Parking and Access: You are responsible for providing designated parking spaces nearest the entrance for unloading and easy access to the event location.
- Communication: Please keep your phone on in case we need to contact you. If the artist doesn’t arrive within 20 minutes of the start time, please contact us or the artist.
- Designated Contact Person: You must designate a contact person at the event who will serve as liaison between the talent and you, answer any questions the talent may have, and ensure the talent is treated respectfully.
- Early Termination by Client: No refunds will be issued if you decide to end the performance early due to lack of attendees, inadequate event planning, or any other reason within your control. You are responsible for the full contracted payment, regardless of whether the performance is completed.
- Performance Area: You are responsible for providing a designated, well-lit area where the performance(s) will take place. This area should be suitable for the chosen activity (balloon twisting, face painting, or caricatures) and free from hazards.
- Event Information: You must provide the setup location, including building or shelter number, and all necessary information for directions to the event location before the event date.
- Meals for Entertainers: If you invite our entertainers to eat your food, they will likely choose to take it on the road after the event, to not interrupt the performance.
- Breaks: Our entertainers are entitled to a 30-minute break after every three (3) hours of work.
- Extension of Time: If you wish to extend the entertainer’s time beyond the scheduled booking, all arrangements and payments must be made through Balloon Experts, LLC. Please contact our agency to confirm availability and process payment. Due to scheduling constraints, including back-to-back bookings, extensions may not always be possible. Entertainers are unable to accept direct payments or booking extensions.
- Publicity: You agree to acknowledge Balloon Experts, LLC (www.BalloonExperts.com) as the provider of entertainment in all event publicity materials, including but not limited to flyers, websites, social media posts, emails, and invitations. This helps drive traffic to your event and lets your guests know who is helping to make it special.
Performer Provisions:
- Service Provided: Our entertainers will provide either balloon twisting, face painting, or caricature services, as agreed upon at the time of booking.
- Best Efforts: Our entertainers will perform to the best of their abilities and skill level. No refunds will be issued if the entertainer is unable to fulfill all customer requests due to time constraints, the complexity of requests, or other factors outside of the entertainer’s control.
- Substitution: In the case of illness or emergency, our entertainers reserve the right to substitute artists as necessary.
- Arrival Time: Barring any emergencies or unforeseen delays, artists will arrive 10-15 minutes prior to the scheduled start time to set up. In the event of a delay, the artist(s) will make every effort to contact you and will adjust their performance time accordingly to ensure you receive the full contracted service.
- Approximate Capacity:
- Balloon artists can create designs for approximately 15-20 people per hour.
- Face painters can paint approximately 15 faces per hour
- Caricature artists can draw approximately 15-20 people per hour.
- Minimum Booking Times:
- Balloon twisting and face painting have a 1-hour minimum booking requirement.
- Caricature artists have a 2-hour minimum booking requirement.
- Overtime: If the performance extends beyond the contracted time, you will be billed for the additional time at a rate of $50 per 15 minutes per artist.
- Substitutions: In the event of illness or emergency, we reserve the right to substitute a comparable artist.
- Artist Responsibility: You agree that Balloon Experts, LLC will not be held responsible for the performance of other artists or entertainers except those contacted by Balloon Experts, LLC directly.
- Future Bookings: If, in the future, any member of your organization would like to book the artists seen at our events, all inquiries must come through Balloon Experts, LLC, as we are the agent for these artists.
- Religious and Spiritual Observances: Our artists, performers, and entertainers do not participate in any religious or spiritual ceremonies, rituals, or observances. No refunds will be issued if you request such participation.
- Photography/Videography: Talent reserves the right to photograph or video their artistry and guests for training and promotional use with permission from the guests. Photos are welcomed and encouraged, and we appreciate it when clients tag us on social media (@balloonexperts and #balloonexperts).
- Scheduling and Performance: Our events are often booked back-to-back, especially on prime dates. If you request your artist to begin late, to pause the performance, it may result in a shorter appearance and/or reduced coverage. No refunds will be given under these circumstances.
Safety Terms:
- Entertainer Safety: The safety and well-being of our performers, artists, and entertainers are paramount. If, for any reason, the performer(s), artist(s), or entertainer(s) feel unsafe, threatened, harassed, or subjected to inappropriate behavior, they reserve the right to leave the event immediately without prior notice. In such circumstances, no refunds will be issued. You are responsible for ensuring a safe and respectful environment for our performers, artists, and entertainers.
Gratuity:
- Gratuity is not included in our fees, but it is greatly appreciated by our talented staff. For your convenience, our artists may have a discreet tip jar or digital tip option available for those who wish to show their appreciation. As a service industry, we gratefully accept tips.
Other Provisions:
- These terms and conditions are subject to change without notice.
Attorneys’ Fees. The prevailing party shall have the right to collect from the other party its reasonable costs and necessary disbursements and attorneys’ fees incurred in enforcing this terms and conditions Agreement.
Any disputes arising under this agreement will be resolved in accordance with the laws of the State of New York.
Contact Information:
- Email: support@balloonexperts.com
- Phone: 716-245-6968
- Address: Buffalo, New York