Terms and Conditions for Balloon Experts, LLC Entertainment Services

Business Name / DBA 

Notice Jim the Balloon Guy” is a trade name used by Balloon Experts, LLC (also known as “Balloon Experts”). When you book services under “Jim the Balloon Guy,” you are booking with Balloon Experts, LLC, and the same company policies, pricing, reservation fees, and terms and conditions apply to all services provided under either name.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. Performerartist, and entertainer are used interchangeably throughout this agreement.

1) Booking and Payment

 
To secure your event date and time, a 50% non-refundable reservation fee is required within 48 hours of booking.
For all large/corporate events (excluding educational institutions and government agencies), bookings must be paid in full. Full payment is due 7 business days prior to the scheduled event. Your booking is not confirmed until you have approved the event details, agreed to these Terms and Conditions, and submitted the required reservation fee/full payment. Payment Methods: Credit card, PayPal, and corporate check.Checks payable to Balloon Experts, LLC and mailed to: 499 Delaware Ave Apt 5, Buffalo, NY 14202 (include booking/invoice number). After confirmation, you will receive a confirmation email and invoice to the email address provided.

2) Non-Cancelable, Non-Refundable Reservation (Weather + Force Majeure)

 
This is a non-cancelable, non-refundable reservation. Cancellations (including attempted cancellations) result in forfeiture of all payments. Weather: Services will be performed regardless of weather as long as conditions are safe and Client provides a suitable setup (see Outdoor Events).
Force Majeure / Uncontrollable Events: We are not responsible for delays, interruptions, or inability to perform due to events outside our control (including severe weather, hurricanes, flooding, lightning, power outages, road closures, venue closures, accidents, government orders, or emergencies). If performance is impacted, we may reschedule the booking (or issue a credit at our discretion). No refunds will be issued for force majeure events.

3) Exceptions (Only Refund Situation)

 
Schools and Government Agencies: Net 30 payment terms are extended to schools and government agencies.
Performer Absence: In the rare event the entertainer is unable to attend due to a verified emergency or no-show, Balloon Experts, LLC will offer one of the following:
 
  • Refund via PayPal
  • Credit for a future event of equal or lesser value
  • Refund by check within 30 days
This is the only condition under which a refund will be issued.

4) 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 past due. Any previously offered discounts will be forfeited.

5) Changes, Postponements, and Rescheduling

 
We reserve the right to postpone services due to unforeseen circumstances (including extreme weather conditions, natural disasters, or other events beyond our control). We will make reasonable efforts to reschedule at the earliest possible date. Any changes to the event venue, address, or time after booking confirmation incur a $50 change fee and must be approved by Balloon Experts, LLC. Approval is subject to our schedule availability. If we are unable to accommodate the requested change, the booking will be dropped and all payments will be forfeited (no refunds). A requested change that we cannot approve due to scheduling will be treated as a cancellation.
 

6) Capacity + Ticket System (Parties) Approximate Capacity (per artist)

Capacity varies based on guest flow, design choices, and event setup, but a good estimate is:

  • Balloon Twisting: ~15 guests per hour (per artist)
  • Face Painting: ~15 faces per hour (per artist)
  • Caricatures: ~15–20 guests per hour (per artist)

Parties — Ticket / Wristband System

For private parties, your booking includes service for a set number of children based on the package and total hours booked.

  • If attendance exceeds the included number of Guests, the host will be provided with the appropriate number of tickets and/or wristbands for the time booked.
  • Only Guests with a valid ticket/wristband are eligible to receive services (or repeat services) during the agreed booking time.
  • Additional Guests beyond the included amount require a $10 Wristband/ticket each.
  • For large events, tickets/wristbands are not required unless specifically stated in your booking.

Wristband/Ticket Rules

  • Tickets/wristbands must be worn and presented at the time of service.
  • Any wristband that is ripped, removed, altered, or tampered with is invalid and will not be accepted.

Extra Guests / Extra Time / On-Site Payments

If there are extra guests, or if additional time is needed for any reason, payment is due on-site at the event and must be paid directly to the artist at the time of the request (before additional service/time is provided).

 

7) Minimum Booking Times

  • Balloon twisting and face painting: 1-hour minimum
  • Caricature artists: 2-hour minimum

8) Line Cut-Off / End-of-Event Policy

 
To be fair to all guests and to respect the contracted schedule, our staff will close the line at the estimated end time of the booking. Once the line is closed, no additional balloons or face painting will be provided. If you would like service to continue beyond the contracted end time, overtime must be approved and paid in advance.
 
9) Overtime + Extensions (Must Go Through Balloon Experts, LLC)
 
Overtime rate: $50 per 15 minutes per artist. Payment must be made first if you wish to continue. Extensions: Due to scheduling constraints (including back-to-back bookings), extensions may not always be possible. Entertainers cannot accept direct payments or booking extensions. Additional children served during overtime are subject to the $10 per Wristband/ticket fee.
 
10) Client Responsibilities (Setup, Comfort, and Costs)
You agree to provide:
  • Access to drinkable water for the entertainer(s).
  • A clean, stable table and two chairs in a well-lit area.
  • A designated, well-lit performance area suitable for the activity and free from hazards.
  • Setup location details (building/shelter number) and clear directions before the event date.
Outdoor Events + Weather Contingency
If the event is outdoors, you must provide adequate protection from wind, rain, sun, and extreme temperatures. Tents and space heaters (when necessary) are required for comfort and safety.
You are responsible for providing an alternative location in the event of inclement weather. Temperatures below 65 degrees or above 80 degrees may impact speed/performance; whenever possible, the artist(s) should be moved to a climate-controlled environment.
Failure to provide adequate protection or a safe alternative location may result in the performance being shortened, paused, or ended at the entertainer’s discretion, with no refund.
Parking, Entry, Travel, and Other Expenses
You are responsible for additional expenses including:
  • Parking fees
  • Valet fees (if applicable)
  • Venue/park entrance fees, admission fees, tickets, or wristbands required for entry (if applicable)
  • (Optional) additional insurance (cost: $50)
  • Costumes (if applicable)
  • Travel fees: For events 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 applies (round trip).
If required entry/access fees are not provided upon arrival, service may be delayed or unable to begin. Event time will continue to run during any delay caused by missing entry/access fees.
Damage to Equipment and Supplies
You are responsible for the care of our equipment and supplies during the event. Any damage caused by negligence, guests/children/pets, inadequate climate control, unsafe surfaces, or similar circumstances is your financial responsibility. You agree to pay full replacement value for damaged or lost items.
 
Venue Permission, Rules, and Permits. Client is responsible for confirming that the event location (including any venue, park, HOA/community, school, restaurant, or private property) allows our services and for obtaining any required permissions, permits, approvals, wristbands, or vendor paperwork in advance. Client is also responsible for communicating all venue rules (including loading/parking instructions, check-in procedures, time restrictions, and any limitations on balloons, face paint, or airbrush tattoos) before the event. If our services are delayed, restricted, relocated, or stopped due to venue rules, missing permissions/permits, or failure to provide required access, no refunds will be issued and the scheduled time will continue to run.
11) Communication + Access (Required)
 
Please keep your phone on in case we need to contact you. You must designate an on-site contact person who can answer questions and help coordinate. If we cannot reach you/on-site contact, cannot access the venue, or cannot begin services within 30 minutes due to missing instructions or lack of communication, all payments are forfeited and no refunds will be issued.
 
12) Scheduling and Performance (Start Time Matters)
 
Our events are often booked back-to-back. If you request your artist to begin late or to pause the performance, it may result in a shorter appearance and/or reduced coverage. No refunds will be given under these circumstances.
13) Early Termination by Client
 
No refunds will be issued if you decide to end the performance early due to lack of attendees, inadequate planning, or any other reason within your control. You are responsible for the full contracted payment.
14) Safety + Respect (Right to Refuse or Leave)
The safety and well-being of our entertainers are paramount. If, for any reason, the entertainer(s) feel unsafe, threatened, harassed, or subjected to inappropriate behavior, they may refuse service or leave immediately without prior notice. This includes fights, physical altercations, or police involvement at or near the event. In such circumstances, no refunds will be issued. You are responsible for ensuring a safe and respectful environment.
 
Zero Tolerance: Harassment, Threats, and Unwanted Contact. Balloon Experts, LLC maintains a zero-tolerance policy for harassment, intimidation, threats, sexual comments, unwanted touching, or inappropriate conduct toward any entertainer or staff member by the Client or any guest. If any entertainer feels unsafe or experiences inappropriate conduct, we may refuse service, pause service, or leave the event immediately at our sole discretion. In these situations, all payments are forfeited and no refunds will be issued.
15) Design Selection (Menu Only)
All face painting, balloon twisting, and airbrush tattoo designs must be selected from the entertainer’s provided design menu. We do not offer custom designs at events. Requests for designs not shown on the menu will be declined.
16) Face Paint & Materials Disclaimer (Staining/Damage)
We use professional-grade products; however, face paint, glitter, and related materials may stain clothing, furniture, carpets, vehicle interiors, and other personal property. By booking, you acknowledge this risk and agree we are not responsible for stains, damage, or cleaning costs.
17) Allergies + Balloon Disclaimer
 
Balloons can pop. No refunds or replacements are provided for popped balloons. You are responsible for notifying us of any allergies/sensitivities/medical concerns (including latex allergies and face paint sensitivities) prior to the event. We may refuse face painting for any guest with visible irritation, rash, illness, open sores, or any condition that may create a health risk. No refunds will be issued due to refusal of service for health/safety reasons.
18) Best Efforts / No Guarantee of Serving Everyone
Our entertainers will perform to the best of their abilities. No refunds will be issued if the entertainer is unable to fulfill all requests due to time constraints, complexity of requests, or other factors outside the entertainer’s control.
19) Substitution
In the case of illness, emergency, or unexpected conflict, we reserve the right to substitute a comparable entertainer as necessary.
 
Specific Entertainer Requests Not Guaranteed. If Client requests a specific entertainer, that request is treated as a preference and is not guaranteed unless explicitly confirmed in writing by Balloon Experts, LLC. We reserve the right to assign or substitute a comparable professional entertainer due to scheduling, illness, emergency, traffic, or other operational needs. A substitution of a comparable entertainer is not grounds for cancellation, refund, or discount.
 
20) Future Bookings Must Go Through Balloon Experts, LLC
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.
21) Religious and Spiritual Observances
Our entertainers do not participate in religious or spiritual ceremonies, rituals, or observances. No refunds will be issued if you request such participation.
22) Breaks
 
Entertainers are entitled to a 30-minute break after every three (3) hours of work.
23) Publicity + Photo/Video
Publicity: You agree to acknowledge Balloon Experts, LLC ( https://balloonexperts.com ) as the provider of entertainment in all event publicity materials. Photo/Video Permission (Marketing): You grant Balloon Experts, LLC permission to use photos or short video clips taken at the event for marketing/promotional purposes (website/social media). If you do not want any photos/videos used, notify us in writing before the event.
Photography/Videography by Talent: Talent may photograph/video their artistry and guests for training/promotional use with permission from the guests. We appreciate tags (@balloonexperts and #balloonexperts).
24) Gratuity
Gratuity is not included in our service fees, but it is always appreciated. For convenience, our artists may provide a tip jar and/or a digital tipping option. Tips are optional; we do not require or pressure guests to tip.
25) Payment Disputes / Chargebacks
You agree not to dispute or charge back payments for services delivered as agreed. If a chargeback is filed, you may be responsible for any chargeback fees, administrative costs, and collection costs incurred.
 
Collections and Attorney’s Fees. If Balloon Experts, LLC must take action to collect unpaid amounts, enforce this Agreement, or respond to a payment dispute/chargeback, Client agrees to pay all reasonable costs of collection, including administrative fees, chargeback fees, court costs, and reasonable attorney’s fees.
26) Limitation of Liability
To the maximum extent permitted by law, our total liability for any claim related to the booking will not exceed the amount paid for the services. We are not liable for indirect or consequential damages.
27) Client Supervision (Not Childcare)
You are responsible for the supervision and behavior of all guests, including children, at all times. Our entertainers are not babysitters and do not provide childcare or supervision. You agree that Balloon Experts, LLC and its entertainers are not responsible for injuries, incidents, or damages caused by guests/children (including running, pushing, rough play, or misuse of equipment/materials).
28) Accurate Event Information
You are responsible for providing accurate event information, including (without limitation) the event address, start/end time, venue rules, parking/loading instructions, and a working phone number for day-of coordination. If incorrect or incomplete information causes delays, prevents access, or prevents performance (in whole or in part), no refunds will be issued and event time may continue to run.
29) Other Provisions (Updates, Severability, Entire Agreement, Attorneys’ Fees, Governing Law)
We may update these Terms and Conditions from time to time.
Severability: If any provision of this agreement is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
Entire Agreement: These Terms and Conditions, together with your booking confirmation/invoice and any written addenda issued by Balloon Experts, LLC, constitute the entire agreement between the parties and supersede all prior discussions or understandings.
 
Attorneys’ Fees: The prevailing party may collect reasonable costs and attorneys’ fees incurred in enforcing this agreement. Any disputes arising under this agreement will be resolved in accordance with the laws of the State of New York.
 
Governing Law and Venue. This Agreement will be governed by and interpreted under the laws of the State of New York, without regard to conflict-of-law rules. Any dispute, claim, or legal action arising out of or relating to this Agreement or our services must be brought exclusively in the state or federal courts located in Erie County, New York. The parties consent to personal jurisdiction and venue in those courts.