Terms and Conditions

When booking an installation for an event with Luxe Balloons and Decor, the following Terms and Conditions apply. By submitting the deposit payment, client certifies that they have read the Terms and Conditions in its entirety and fully understands and agrees to these Terms and Conditions.

Booking

Luxe Balloons and Decor highly recommends that all installations be scheduled, at minimum, 30 calendar days prior to the date of your event. Luxe Balloons and Decor may be able to accommodate scheduling dates as little as two (2) weeks in advance of the event. The deposit must be received in full to confirm your order for an event.

Deposit

To confirm your order for an event, we require a deposit of 50% of the total billed. There will be a due date for payments on both the deposit and the final payment prior to the date of installation. If the client wishes to not utilize the services of Luxe Balloons and Decor, any payments made towards the deposit are forfeited and considered non-refundable.

Payments

Luxe Balloons and Decor accepts payments made by cash, PayPal, Venmo, or CashApp. We do not accept checks. Failure to make the required payment(s) by the due date(s) may result in forfeiture of any payment(s) already made and the release of the event date and time.

Payments made by PayPal, Venmo, or CashApp may assume an additional fee. Additional fee will be determined and indicated on the invoice.

Refunds

No refunds are given for any payment(s) towards the deposit, even if the deposit is not paid in full. No refunds are given for any payment(s) made towards the remaining balance of the installation order regardless of the situation. We understand situations arise that will either require the client to cancel or reschedule their event, however, we are unable to refund any payment(s) made. As long as a written notification is received by Luxe Balloons and Decor and the cancellation or rescheduling guidelines are followed, we are able to reschedule the installation. Failure to inform Luxe Balloons and Decor by the required time for the cancellation or rescheduling of an installation may result in any or all of the following: forfeiture of any payment(s) already made, release of the event date and time, and/or cancellation fees.

Rescheduling

Client may reschedule the installation with a written (email acceptable) seven (7) calendar day notice. Client may reschedule for any available date and time within the next 365 calendar days, without being charged a cancellation fee. If Luxe Balloons and Decor is unavailable for any of the dates provided by the client, the below cancellation policies and fees will apply.

Cancellations

Client may cancel at any time without receiving a cancellation fee as long as Luxe Balloons and Decor receives a written (email acceptable) notification seven (7) calendar days prior to the event date. If a written notification is not received by Luxe Balloons and Decor, client will assume a $100.00 cancellation fee.

Changes

Removing or adding decor elements to an installation cannot be done after the deposit is received by Luxe Balloons and Decor. A separate order may be placed for any changes client wishes to have for the event, however, depending on the complexity of the changes, Luxe Balloons and Decor may or may not be able to accommodate such changes within the required timeframe.

Venue

It is the client's responsibility to confirm if the venue allows: latex, foil, and other types of balloons, tall ladders, tall structures, wall hangings (including the use of command strips and other types of fasteners on the walls, ceilings, or other areas), etc. prior to the deposit and any other payment(s) being made to Luxe Balloons and Decor.

Venue Access

It is the client's responsibility to ensure Luxe Balloons and Decor has required access to the venue for the full commitment (install, disassemble, etc.). The client is responsible for obtaining permits, visitor or other types of access badges that are required for Luxe Balloons and Decor to access the venue. 48 hours prior to the date of installation, client must provide necessary permits, visitor or other types of access badges to Luxe Balloons and Decor. If Luxe Balloons and Decor is denied access to the venue, then the installation may not be completed. If this occurs, Luxe Balloons and Decor will not be held liable.

Personal Residence

It is the client's responsibility to ensure Luxe Balloons and Decor has required access to the personal residence for the full commitment (install, disassemble, etc.). Luxe Balloons and Decor uses various installation methods include but not limited to command strips, and other types of fasteners. If the client has a preference in the installation method used, then client must inform Luxe Balloons and Decor prior to making the deposit. If Luxe Balloons and Decor is denied access to the personal residence, then the installation may not be completed. If this occurs, Luxe Balloons and Decor will not be held liable.

Venue Point of Contact

It is the client's responsibility to provide Luxe Balloons and Decor with the information for the Venue's primary point of contact.

Equipment Ownership

All equipment (including but not limited to: balloon hoop, backdrop, props, etc.) is the property of Luxe Balloons and Decor. Equipment is used on a rental basis only. Upon event completion, all equipment will be returned to Luxe Balloons and Decor.

During and after the event (until equipment is back in Luxe Balloons and Decor possession), client accepts sole responsibility for any damage, vandalism, theft, or other types of misuse of Luxe Balloons and Decor equipment and agrees to have the card on file charged or be sent an invoice and agrees to pay for equipment.

Installation

Depending on the size and complexity, the installation may take between 2 and 5 hours. Luxe Balloons and Decor will determine the number of hours required for installation upon finalizing the details of the installation design. A discount or refund will not be issued to the client if the installation is completed quicker than the number of hours originally determined by Luxe Balloons and Decor.

Luxe Balloons and Decor will arrive at the agreed upon time on the day of the installation. Equipment and decor will be unloaded to the designated installation area and a work space set up near the installation area. Luxe Balloons and Decor requires the work space to be free from interruptions and traffic from other individuals/Vendors.

Luxe Balloons and Decor is not liable for other individuals/Vendors interfering with the installation progress and final quality. No discounts or refunds will be provided to the client if other individuals/Vendors hinder Luxe Balloons and Decor performance.

Force Majeure

Neither party shall be liable to the other or deemed in breach if, and to the extent that, such party's performance of the installation is prevented by reason of force majeure.

Force majeure means an occurrence that causes a delay that is beyond the reasonable control of the party affected and could not have been avoided by exercising reasonable diligence. Force majeure shall include acts of war, riots, strikes, fire, floods, windstorms, epidemics, or other similar occurrences.

Outdoor Events

Luxe Balloons and Decor will not be held liable for balloon installations and/or decor being affected by weather (including but not limited to: temperature, humidity, etc.). If the original installation area is affected by weather, then Luxe Balloons and Decor can complete the installation in another area at the same venue address. Client is responsible for ensuring Luxe Balloons and Decor has appropriate access to the new set up area. With a last minute change in set up area, Luxe Balloons and Decor may need to make adjustments to the installation. However, Luxe Balloons and Decor will do as much as possible to keep the design as originally agreed upon.

Payment(s) will be forfeited and considered non-refundable if the client cancels the event due to the weather (except for those instances that fall under the Force Majeure section).

Luxe Balloons and Decor will arrive at the agreed upon time on the day of the installation, regardless if it is raining, snowing, or other types of bad weather are occurring (except for those instances that fall under the Force Majeure section).

Choking Hazard Warning

Children can choke or suffocate on uninflated or broken balloons. Adult supervision is required. Luxe Balloons and Decor is not liable for any harm or injury due to balloons once they are installed and/or delivered. Client assumes the risk of injury related to the balloons. Deflated and/or popped balloons should be removed and disposed of immediately to avoid injury.

Publicity

Unless otherwise agreed to by both parties, in writing (email acceptable), client agrees to allow Luxe Balloons and Decor to use video recordings and/or photographs of clients event installation for promotional purposes. Areas of use may include but are not limited to: Luxe Balloons and Decor website, social media accounts, flyers, pamphlets, brochures, displays (i.e., yard signs, billboards, etc.), commercials, advertisements, and any other types of marketing. Luxe Balloons and Decor reserves the right to use the clients and the client's guests video recording and/or photographs of the balloon installation for promotional purposes. Any and all promotional materials/displays are the property of Luxe Balloons and Decor.

Independent Capacity of Contractor

Both Luxe Balloons and Decor and client, in the performance of the arrangement, will be acting in their individual capacities and not as agents, employees, partner, joint ventures, or associates of one another. The parties intend that an independent contractor relationship will be created by the arrangement. The employees or agents of one party shall not be deemed or construed to be the employees or agents of the other party for any purpose whatsoever. Conduct and control of the work will be solely with Luxe Balloons and Decor.

Representations and Warranties for Work

Luxe Balloons and Decor represents and warrants that: (1) it shall perform all work required pursuant to the arrangement in a professional manner, with high quality; and (2) time shall be of the essence in connection with performance of the work.

Severability

If any term or condition or the application thereof to any person(s) or circumstances is held invalid, such invalidity shall not affect other terms, conditions, or applications which can be given effect without the invalid term, condition, or application; to this end the terms and conditions of this arrangement are declared severable.

Waiver

Waiver of any breach of any term or condition of this arrangement shall not be deemed a waiver of any prior or subsequent breach. No term or condition of this arrangement shall be held to be waived, modified, or deleted except as agreed to in writing (email acceptable) by both parties.

Luxe Balloons and Decor reserves the right to make changes to these Terms and Conditions without notice to clients.