Terms of Service

 

Please read these Terms of Service ("Terms, "Policies") carefully before using any services provided by Luloon Designs "LD". Your use of LD's Services is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, clients, customers and others who wish to use the Service.

By commissioning or using LD's Services, you agree to be bound by these Terms. If you disagree with any part of the terms, then you should not use LD's Services. We reserve the right, at our sole discretion, to modify or replace these Terms at any time.

Disclaimer

Foil balloons may conduct electricity. Do not release helium filled foil balloons outdoors or use near overhead power lines. 

Foil balloons are non biodegradable and therefore should be disposed of carefully with general household waste. 

Latex Balloons: Warning! Children under eight years can choke or suffocate on un-inflated or broken balloons. Adult supervision required. Keep un-inflated balloons from children. Discard broken balloons at once. 

Fees and Payment

Cost. The total cost ("Total Cost") for all Services is due in full 2 (two) days before the event. Client shall pay the Total Cost to Provider as follows:

The first payment is a non-refundable booking fee. At a minimum, Client agrees that the retainer fee fairly compensates Provider for committing to provide the Services and turning down other potential projects/clients.

The second payment will be 50% of the remaining balance, is due no later than the date set on the contract.

The remaining balance is due no later than 2 (two) days before the event installation. 

Payments can be made with Debit/Credit Card, Bank Transfer, or Venmo. We accept all major credit cards. Failure to make the required payment by the given due date may result in any/all of the following:

•Invalidation and removal of any applicable discounts, special promotions, complimentary services,etc.

•The forteture of any payments already made.

•The release of event date and time.

•Termination of the contract.

 

Installations

This installation will require a minimum of 2 (two) hours. Access to event location must be secured and confirmed by the Client to ensure timely setup. Decorating Staff will arrive onsite within the hour of installation time specified. Provider cannot be held responsible for delays (or incomplete décor) if a reasonable amount of time is not allowed to complete decor services as described in this agreement. 

Outdoor Decor. Client acknowledges that some balloon decor may be affected by temperature and humidity. Due to the general nature of balloons, Provider CANNOT guarantee that balloons will remain intact under any conditions. Most outdoor decor is subject to popping, oxidation, and/or movement from the wind. It is clearly understood that there will be no refunds or discounts for loss, breakage or failure to product due to factors outside and beyond our control.

Striking & Disassembling. After an event, the Client is responsible for disassembling and properly disposing of the remaining balloons, UNLESS any rentals are included in the Services. All bookings that include rentals will require a Striking Fee.

Provider 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.

Ownership of Equipment & Materials. All equipment, materials, and props used for the installation, are the sole property of the Provider and are used on a rental basis only, unless otherwise stated. 

Any damage or vandalism that occurs to any of the property of the Provider 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 Provider and agrees to be sent an invoice and agrees to pay it. This includes but is not limited to misuse, theft or disasters (fire, flood, earthquake).

 

Exclusivity

Exclusivity. Client understands and agrees that he or she has hired Provider exclusive of any other service provider. In order to provide a high level of satisfaction and quality of service, no other service providers, other than any assistant or third party that Provider hires to complete the Services outlined in this Agreement, are permitted to provide the same or similar services or products, paid or unpaid, at the locations and dates specified in this Agreement.

 

Intellectual Property

Copyright Ownership.  In the event that any copyrighted work(s) are created as a result of the Services provided by Provider in accordance with this Agreement, Provider owns all copyrights in any and all work(s) it creates or produces pursuant to federal copyright law (Title 17, Chapter 2, Section 201-02 of the United States Code), whether registered or unregistered. Any and all products, whether tangible or intangible, produced or created in connection with, or in the process of fulfilling this Agreement, are expressly and solely owned by Provider and may be used in the reasonable course of Provider business.

Provider reserves the right to utilize any/all photographs and video recordings as deemed necessary, for promotional use on Provider website, including but not limited to social media networks, flyers, billboards, displays, commercials, and any other form of promotional marketing.

 

Artistic Release

Style. Client has spent a satisfactory amount of time reviewing Provider's work and has a reasonable expectation that Provider will perform the Services in a similar manner and style unless otherwise specified in this Agreement.

Consistency. Provider will use reasonable efforts to ensure Client's desired Services are produced in a style and manner consistent with Provider current portfolio and Provider will try to incorporate any reasonable suggestion made by Client. However, Client understands and agrees that:

  1. Every client is different, with different tastes, budgets, and needs;

  2.  Provider services are often a subjective art and Provider has a unique vision, with an ever-evolving style and technique;

  3. Provider will use its artistic judgment when providing Services for Client, which may not include strict adherence to Client’s suggestions;

  4. Although Provider will use reasonable efforts to incorporate Client’s suggestions and desires when providing Client with the Services, Provider shall have final say regarding the aesthetic judgment and artistic quality of the Services;

  5. Dissatisfaction with Provider's aesthetic judgment or artistic ability are not valid reasons for termination of this Agreement or request of any monies returned.

 

Limit of Liability

Maximum Damages. Client agrees that the maximum amount of damages he or she is entitled to in any claim relating to this Agreement or Services provided in this Agreement are not to exceed the Total Cost of Services provided by Provider.

Indemnification. Client agrees to indemnify, defend and hold harmless Provider and its affiliates, employees, agents and independent contractors for any injury, property damage, liability, claim or other cause of action arising out of or related to Services and/or product(s) Provider  provides to Client.

 

Refund and Cancellation Policy

The Client maintains the right to cancel at any time before the delivery date; however, a cancellation fee will apply. Refunds will be calculated based on the date of the cancellation request. Refunds must be requested in writing by email and will be processed within fourteen (14) business days from the date of the request. Refund totals will be processed as follows:

  • No refunds will be issued for the booking fee

  • Refunds requested on or before  ( more than 2 weeks before Delivery Date): Client is entitled to a refund of total monies paid minus the booking fee

  • Refunds requested on or after  (less than 2 weeks before Delivery Date): Client is entitled to a maximum refund of 50% of total monies paid minus the booking fee. If this amount is less than the booking fee, no refund will be issued

  • No refund will be issued after delivery has been made or accepted

Impossibility

Force Majeure. Notwithstanding the above, either party may choose to be excused of any further performance obligations in the event of a disastrous occurrence outside the control of either party, such as, but not limited to:

  1. A natural disaster (fires, explosions, earthquakes, hurricane, flooding, storms or infestation); or

  2. War, Invasion, Act of Foreign Enemies, Embargo, or other Hostility (whether declared or not); or

  3. Any hazardous situation created outside the control of either party such as a riot, disorder, nuclear leak or explosion, or act or threat of terrorism.

Failure to Perform Services. In the event Provider cannot or will not perform its obligations in any or all parts of this Agreement, it (or a responsible party) will:

  1. Immediately give Notice to Client via the Notice provisions detailed in this Agreement; and

  2. Issue a refund or credit based on a reasonably accurate percentage of Services rendered; and

  3. Excuse Client of any further performance and/or payment obligations in this Agreement.

General Provisions

Governing Law. The laws of  govern all matters arising out of or relating to this Agreement, including torts.
Severability. If any portion of this Agreement is deemed to be illegal or unenforceable, the remaining provisions of this Agreement remain in full force.

Notice. Parties shall provide effective notice (“Notice”) to each other via either of the following methods of delivery at the date and time which the Notice is sent:

  1. Email

    1. Provider's Email: 

    2. Client Email: 

Merger. This Agreement constitutes the final, exclusive agreement between the parties relating to the  and Services contained in this Agreement. All earlier and contemporaneous negotiations and agreements between the parties on the matters contained in this Agreement are expressly merged into and superseded by this Agreement.

Amendment. The parties may amend this Agreement only by the parties’ written consent via proper Notice.