By choosing to work with Balloon Artisan (“BA”) the client (“Client”) hiring BA agrees to the following terms of service as outlined in the Balloon Artisan Terms of Service.
- Full Payment Required to Finalize Booking. BA requires a full payment ("Payment") to be made by the Client for all projects in order to finalize the booking and to order any required materials. The Client understands that until they have completed the Payment, they have not secured BA for the implementation of the project or any other services BA may provide. If for any reason BA needs to cancel the project and the creation of the balloon art once the Payment has been made, BA will refund the Payment in full. If the Client requests that BA cancel the project for any reason after the Payment has been paid, only 50% of the Payment shall be refunded to the Client by BA. The Client understands that a delay in completing the Payment will lead to a delay in ordering materials and may interfere with BA’s ability to receive the materials on time for the project.
- Preliminary Renderings and Final Artistic Creation. Client acknowledges that the creation of balloon art is an artistic endeavor, and that any renderings (“Renderings”) or sample images provided are an approximation of the final sculpture that BA will create. BA agrees to create a sculpture that reasonably resembles the agreed upon Renderings, and the Client agrees that the final sculpture may vary from the Rendering in some ways.
- Change Orders. The Client acknowledges that any requests or changes differing from what was formally agreed upon under the original scope of work for the project may cause an increase in price for the project. Any changes to the location of the balloon art install or any changes to the structure the balloon art will be installed on may also lead to a price increase.
- Acceptance of Environmental Risks. Client acknowledges that balloons are subject to environmental risks beyond BA’s control. Such environmental risks include, but are not limited to, high winds popping or blowing the balloons away, dust and other particulate matter in the atmosphere adhering to the balloons making them more susceptible to popping, excessive heat, which also makes balloons more susceptible to popping. BA uses high quality balloon products, endeavors to secure the balloons tightly, and otherwise creates balloon sculptures with a high degree of professionalism. Nevertheless, Client acknowledges that despite such commercially reasonable efforts on the part of BA, adverse conditions may destroy the sculpture soon after it is constructed, and BA disclaims any and all responsibility or liability for the impact of adverse conditions on the completed sculpture.
- Purposeful Destruction of Balloon Art. Should a situation arise where any portion of the project is damaged or destroyed intentionally or accidentally by the Client and/or any other third party, BA will not be held responsible for those damages and the client shall not expect BA to fix or replace the damaged balloon art. The Client is also aware that should BA have to repair any portion of the balloon art, that an additional repair cost may be incurred.
- Termination of Agreement Prior to or During Sculpture Construction. In the event that BA determines prior to or during the construction of the balloon Sculpture that the weather or other adverse conditions either make the completion of the Sculpture unsafe for BA’s artists, or that construction of the Sculpture is not reasonably feasible, BA and Client shall consult together and attempt to agree upon a modification to this Agreement. If the parties agree to terminate this Agreement, or if BA determines in its commercially reasonable judgment that it cannot complete the Sculpture as agreed under the adverse conditions but Client does not agree, this Agreement shall be terminated and BA shall retain 50% of the Payment, and will refund 50% of the Payment back to Client.
- Use of project images on social media and other mediums. As a company that specializes in creating balloon art, BA depends on the ability to take pictures of their artwork and to display those pictures on social media and in other mediums of promotional materials. BA reserves the right to freely share the images captured of any balloon artwork BA creates. The Client may request in writing that BA not share the name of the Client and the Client may ask to verify that any images captured by BA do not contain the Client’s proprietary materials or intellectual property. If there is such material or property captured in the images, BA will alter the photos at the Client’s request to remove such identifiable material and/or property and will then be able to use the images as previously described. BA will also attempt to use social media tags to give credit to the Client for their event. If the Client does not wish for BA to use social media tags in such a way, they should make a request to BA in writing.
- Law Governing. This Agreement shall be governed by and construed in accordance with the laws of the State of Utah, and venue for all actions relating to this Agreement shall be in the Third Judicial District of Utah, Salt Lake City Division.
- Attorney Fees. In the event a suit or action is brought by any party under this Agreement to enforce any of its terms, or in any appeal therefrom, it is agreed that the prevailing party shall be entitled to reasonable attorneys’ fees to be fixed by the trial court, and/or appellate court.
- Presumption. This Agreement or any section thereof shall not be construed against any party due to the fact that said Agreement or any section thereof was drafted by said party.
- Entire Agreement. This Agreement contains the entire understanding between and among the parties and supersedes any prior understandings and agreements among them respecting the subject matter of this Agreement.
By agreeing to work with BA and by accepting the terms of service in the Balloon Artisan Terms of Service, the Client understands and agrees to the terms and conditions contained herein.
If the Client has any questions, comments or concerns regarding the Balloon Artisan Terms of Service, they may reach out to the BA team at Balloon support or call 801.436.7376.
The Balloon Artisan Team