To respect the time of the artist as well as the scheduling of the purchaser and to ensure the event does not exceed past the scheduled ending time, the Artist charges $40 for each 15-minute increment after the scheduled end time. Splendid Balloons charge double the rate at which the service was secured, for each additional hour after the scheduled end time. Splendid Balloons will inform patrons of the upcoming end of services, and assist with transitioning of the patrons.
1. This contract is non-cancelable by any of the parties here to as artist agrees to entertain at function as detailed above, and agrees to exercise reasonable, professional, judgment in the conduct and content of his/her performance. Splendid Balloons assumes no responsibility for the actions of the client or their guests. The Purchaser agrees to this engagement and may not hold Splendid Balloons liable for any acts, losses or damages, during the length of the Scheduled Service.
A non-refundable retainer of $25 is required prior to performance date. This retainer shall be forfeited should the event be canceled or postponed due to weather conditions or other circumstances. The fee indicated herein shall not be decreased, under any circumstances whatsoever, including decreasing the length of the performance.
Total payment for services must be received on date of performance if not prior.
2. It is agreed that as full compensation for services provided by the Agency as above set forth, the Purchaser will pay to the Agency the sum agreed upon. The balance of payment is to be made in full, on the day of the event, to the leader of the artist group in cash, company check, certified check, or money order. Any deviation from the specific terms of this paragraph by the Purchaser shall constitute a breach of this entire Agreement. Splendid Balloons and its representatives Reserve the Right the refuse Service to any person, Organization or group for any reason. including but not limited to: safety, potential risk, patrons becoming disruptive, harassment, patrons are intoxicated, physical attacks or assault on the performer, Theft and other acts of aggression or Illegal conduct.
3. All outdoor performances must be conducted in a safe manner and there must be an indoor rain contingency plan. In the event of cancellation without such contingency, the Purchaser must pay the contract in full.
4. Purchaser is responsible for providing all permits, licenses and legal papers needed for any foreign events outside the United States, in a timely manner. Such documents must be provided to the Agency by the Purchaser no later than two weeks prior to the performance. Purchaser is liable for any costs and expenses related to said permits, licenses and papers. Any delay or non-compliance to this paragraph will be considered a breach on the part of the Purchaser.
5. The recording, reproduction, filming or transmission of the Artist's performances are prohibited without the written consent of the
Artist. The Purchaser shall be responsible for the strict enforcement of this paragraph.
6. The Purchaser will make available two complimentary tickets per Artist member for any admission-based events.
7. The Artist agrees that the Purchaser shall have the right to use the Artist's name, approved pictures, and other likenesses in connection with the advertising and publicizing of the engagement hereunder, but such use shall not be as an endorsement of any product or service, or for the sale of any merchandise, except with the Artist's written permission. It is also agreed that all advertising, promotion, etc. referring to the Artist will refer to him as “John Justice”
8. The Agency is acknowledged to have performed its obligations upon the commencement of this engagement. The Agency shall not be liable for any breach, default, or failure to perform by either the Purchaser or the Artist. No changes in this Agreement affecting the
Agency's commission of its payment shall be made without the written consent of the Agency.
9. Purchaser agrees to be responsible for the actions of the Purchaser's employees and patrons, and to reimburse the Artist for any damages suffered due to the actions of the Purchaser's employees or patrons, including harm to Artist's equipment while such equipment is at the place of the performance.
10. The Purchaser agrees that the services as outlined in Attachment #1 shall not be canceled or modified, except by mutual, written consent of both the Purchaser and the Artist. The attempt by one party to cancel this Agreement without the permission of the other party shall be a breach of this Agreement and subject to legal action.
11. Should either party to this Agreement fail to carry out their obligations under the terms of this Agreement, the other party may bring legal proceedings to enforce the terms of this Agreement. Interest shall be payable to the non-breaching party on the amount
of damages suffered, calculation at the rate of 12% per year (or the maximum legal rate, if such rate is lower that 12% per year). Such interest shall begin to accrue as of the date of discovery or notice of the breach of this Agreement by the non-breaching party. Should either party find it necessary to commence legal action in the case of breach, or to otherwise enforce the terms of this Agreement, the prevailing party shall be entitled to an award of court costs, expenses and attorney's fees incurred in such legal action, in addition to any damages or other legal relief awarded. The parties agree that venue for any legal action by either party shall be in U.S.A., California Both the Agency and the Purchaser agree to be Subject to the jurisdiction of the courts of U.S.A, California for purposes of any legal action.
12. 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, the validity, interpretation and enforcement of this Agreement shall be governed by the laws of the State Of California, regardless of the place
of performance by the Artist. The terms Artist and Purchaser as used in this Agreement shall include and apply to the singular and the plural, and to all genders.
13. In the event of a cancellation, purchaser agrees to notify Splendid Balloons at least 72 hours in advance or pay an additional “Booking fee” to the sum of $100 for losses due to this event booking; prevented all other potential bookings on the date and time of the service as outlined in above agreement. The non-refundable retainer of 50% is shall be forfeited should the event be canceled or postponed due to weather conditions or other circumstances. The fee indicated herein shall not be decreased, under any circumstances whatsoever, including decreasing the length of the performance.
14. In the event of cancelation due to inclement weather including but not limited to; Rain, Flooding, Natural Disaster, etc. the Purchaser has the right to reschedule the service as outlined in attachment #1 for a later time within one year of the event date while forfeiting the non-refundable deposit, contingent on the Artist availability for the services purchased as outlined in attachment #1.
15. The individual signing this Agreement on behalf of above Purchaser hereby warrants and guarantees that he or she has the authority to sign this Agreement and bind Purchaser and/or Organization to the terms of this agreement, whether Purchaser is an individual, partnership, corporation or some other entity. Splendid Balloons reserves the right to use photographs, Video and other forms of service or of finished product of custom designs for display or promotion without compensation to you (the purchaser or any connected party).
Education Clause: Balloons are, by nature, temporary items: Although Splendid Balloons uses only the finest quality balloons, some balloons will occasionally deflate sooner than expected and will also be adversely affected by wind, rain, rough handling, sunlight and other uncontrollable factors. Latex and Microfoil balloons pose no threat to humans, wildlife or the environment WHEN handled responsibly. Broken or un-inflated balloons can and may cause harm to young child and should be disposed of immediately. Children under the age of 7 should be under constant adult supervision while playing with latex balloons. Children, Adults and Animals should not place balloons and/or balloon pieces in their mouth as this may cause choking and or popping resulting in injury. Splendid Balloons uses the highest quality of latex Balloons which are 100 % biodegradable -- but should not be released. They should be disposed of in a proper trash receptacle. Splendid Balloons Does not Guarantee Balloon decorations provided in outdoor environments as Balloons will begin to break down due to natural factors and the organic properties of balloons. Please note that sunlight, rain and wind can effect the life span of these columns. Please note, Balloon Decorations may be built on a frame that is non-disposable and needs to be collected by our balloon professional Starting at $75. Please contact Splendid balloons to make arrangements 3 days prior to event a 951-665-4319 This contract must be returned by the Purchaser to the Agency.
One countersigned copy will be returned to the Purchaser's address
as listed in the Service Agreement. I have read and understand the above pertaining to Balloon Safety and life of Balloons. By signing, I the purchaser assume full responsibility for any harm that may occur due to the supplies including but not limited to: Balloons, String, Bouncing Balls, Stickers, tools, and items used by Splendid Balloons, during and after the event date as listed on attachment #1, inside and on the balloons.
I have initialed each page in the agreement as stated above, and Understand by signing below, I agreement to the above service agreement.
Liability Release: Liability Terms: The Purchaser, by signing the release portion of this document, give your permission for Splendid Balloons to work and entertain under the following conditions: The Purchaser agrees to accept all responsibility for all personal and real property, and persons at the event's location. Upon signing this release you are releasing Johnathon Justice and Splendid Balloons from all liability and responsibility for property, persons, and pets at the event's location, before, during and after the event. As a result of signing this release, Splendid Balloons and Johnathon Justice are free of ANY liability, and the purchaser accepts full liability and responsibility for persons and property at the location.
I the Purchaser accept full responsibility and liability for all property and persons at this location and release Johnathon Justice and Splendid Balloons from all responsibility and liability. I purchaser under stand that there are dangers to children and pets if balloons or parts of balloons are swallowed and release Splendid Balloons of any liability in the case of injury or death, physical or mental. I the Purchaser agree to the terms listed and accept the terms of liability.