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THIS AGREEMENT is entered into by and between All About Balloons, LLC hereafter referred to as “All
About Balloons, LLC”, and;
hereafter referred to as “Client”, with regards to the services to be provided by All About Balloons, LLC
for the following:
All About Balloons, LLC agrees to provide the following services on behalf of Client;
Date(s) and Hours of Services to be provided:
In consideration for the above-referenced services, Client agrees to pay All About Balloons,
LLC as follows:
Set Up Fee, Delivery Fee and Site Fee:
Delivery Time Charge Fee:
Design Services and Materials:
After Hours Set-Up: N/A
Rush Fee**: N/A
Mileage Fee: N/A
Parking Fees: N/A
Maintenance Fee***: N/A
Returned Check Fee: $50 +
Late Payment Fee: 5% per month + Legal Expenses
Non-Payment Fee: $500 + Legal Expenses
Other Fees (Describe)
Hold Date Fee*: N/A
Balance:Payable upon execution of Agreement
*Non-refundable upon execution of the Agreement.
** Applicable if Event Date is less than 14 days from date of Agreement; may include additional
***Applicable to multi-day events to maintain, repair and/or replace décor.
Cancellations prior to 30 days of commencement of Event Date(s): Fifty percent (50%) of
Deposit, subject to deductions for special order and related expenses beyond All About
Balloons, LLC’s control.
Cancellations between 14 and 30 days of commencement of Event Date(s): No Refund, no
Cancellations fourteen (14) days or less prior to commencement of Event Date(s): No
Refund, Entire Unpaid Balance due.
Early termination of services due to abuse of All About Balloons, LLC’s personnel or property
(determined in All About Balloons, LLC’s sole discretion): No Refund.
All About Balloons, LLC reserves the right to adjust cancellation and refund policy in the
event of certain matters, including acts of God, labor disputes, and venue conflicts that are
beyond Client’s or All About Balloons, LLC’s control, as more further described herein below.
All About Balloons, LLC shall be responsible to provide the following, subject to cancellation
by Client or other events beyond All About Balloons, LLC’s control:
Design Services and Décor regarding Balloons and related materials.
Hiring and Management of Entertainment services pursuant to this Agreement, if
Set Up, Removal (where applicable) and, for multi-day events, maintenance for
normal wear and tear of all All About Balloons, LLC owned and/or controlled
materials (where applicable).
All About Balloons, LLC shall not be responsible and have no obligation with regards to the
Weather related conditions, traffic conditions, or other Acts of God that may cause
cancellation, delay, deterioration of décor, or diminished service abilities.
Government or other required, licenses, permits, labor regulations, venue ingress
and egress, venue availability, and quality and maintenance of venue facilities,
and/or any damage or injury caused thereby.
Insurance and other expenses related to employees of the venue or other
contractors utilized by or on behalf of Client.
Damage or destruction of materials caused in transit or under the control of
parties other than All About Balloons, LLC.
Labor related matters, including union regulations, expenses, minimums,
transportation and performance of services by personnel not employed by or
associated with All About Balloons, LLC
Failure of special effects (such as exploding balloons or timed effects).
Client agrees that access to a reputable and cooperative venue is tantamount to the
effective execution and fulfillment of All About Balloons, LLC’s services hereunder, and shall
be solely responsible for assuring cooperation with the same. More specifically, Client is
responsible for providing or causing to provide for the following items:
Adequate electrical outlets and accessibility thereto;
Adequate plumbing and water supply and accessibility thereto;
Adequate parking facilities for All About Balloons, LLC and All About Balloons, LLC’s
employees and sub-contractors;
Proper and adequate climate control;
A safe working environment, including proper exits and adequately maintained
premises and facilities;
Releases, permissions or other requirements in the case of the use of the property,
including intellectual, of others as needed;
Respect toward personnel and property of All About Balloons, LLC and repair to
same if damaged abused, removed or missing at Client’s expense;
Client will provide or have available for the benefit and comfort of All About Balloons, LLC
and All About Balloons, LLC’s employees and sub-contractors the following;
Access to electricity, Accessible Car Access for loading/ unloading - including parking permits
where applicable for 2 cars for initial set-up, 1 car for each move, and 1 car for strike
Client agrees that All About Balloons, LLC will be the sole provider of the type of services
described herein, and will not bring in independent or outside personnel, or supplement,
replace, or augment the materials and services provided by All About Balloons, LLC, without
All About Balloons, LLC’s express written consent.
Violation or breach of this provision may subject Client to severe adverse consequences at All About
Balloons, LLC’s discretion, which may include cessation of all services to be performed, a penalty fee of
25% of the total cost of materials, or $500, whichever is greater, payable immediately by cash or credit
card. All About Balloons, LLC agrees to consider mitigating circumstances, and that election to charge a
penalty shall not be arbitrary or unreasonable.
Client will indemnify and hold All About Balloons, LLC, All About Balloons, LLC’s agents,
employees, and/or sub-contractors harmless from any damage, claim or injury as a result of
any incident arising out of this Agreement that is not directly the result of gross negligence
or intentional act by All About Balloons, LLC.
No partnership, joint venture, employment or other relationship is to be construed or inferred
by this Agreement, or the services performed hereunder. All About Balloons, LLC is strictly
performing as an “Independent Contractor” as that term is defined by the Internal Revenue
Code. Each party hereto is responsible for that party’s insurance, income and property taxes,
licenses, permits, worker’s compensation, and/or employee contributions as applicable.
Property: All materials supplied for set up and support by All About Balloons, LLC are the
sole property of All About Balloons, LLC. The name “All About Balloons, LLC”, and all
brochures, photographs, including where photographer is a third party, and promotional
materials are the exclusive intellectual property of All About Balloons, LLC herein and may
not be published, displayed or used without the express written consent of All About
The following materials are considered to have been purchased by Client pursuant to the
terms of this Agreement and, in consideration of Client’s full performance hereunder,
belong to Client; N/A.
Client agrees that All About Balloons, LLC may provide informational materials with regards
to All About Balloons, LLC’s services at the time of the Event upon request of Event guests or
Client understands that late requests or changes may incur additional expense, and Client
agrees to pay the same.
Client does hereby consent and agree that All About Balloons, LLC, its employees, or agents
have the right to take photographs, video, or digital recordings of the balloon designs
created in fulfillment of this Agreement and to use these in any and all media, now or
hereafter known, and exclusively for the purpose of promoting All About Balloons, LLC.
Client further consents that any individual in a picture, company name or logo may be used
by All About Balloons, LLC in the photos or by descriptive text or commentary.
Client does hereby release to All About Balloons, LLC, its agents, and employees all rights to
exhibit any photos in print and electronic form publicly or privately. Client waives any rights,
claims, or interest Client may have to control the use of their identity or likeness, or
company name or logo in whatever media used.
Client agrees that there will be no financial or other remuneration for any photographic
In no event shall All About Balloons, LLC be liable to Client or any other person for any indirect,
incidental, consequential or punitive damages, including loss of profit or goodwill, for any
matter arising out of or relating to this Agreement or its subject matter, whether such liability is
asserted on the basis of contract, tort or otherwise even if All About Balloons, LLC has been
advised of the possibility of such damages.
Jurisdiction/Arbitration: This Agreement shall be governed by and construed in accordance
with the laws of the State of Maryland excluding its conflict-of-laws provisions. Should a
dispute or claim arise between the parties hereto, the same shall be submitted to binding
Arbitration located in the city of Frederick, Maryland, in accordance with the rules and
regulations of the American Arbitration Association. Client agrees that in the event it
becomes necessary to file a claim to collect monies due pursuant to this Agreement, Client
shall pay reasonable costs and fees incurred in connection with such claim, including costs
of suit and attorney’s fees.
Notices: Notices shall be given to the parties at the locations provided herein. For the
purposes of this Agreement, facsimiles or electronic mail may be construed as valid Notice.
Safe Handling of Materials: Client understands and agrees that the materials utilized by All
About Balloons, LLC to perform services hereunder may consist of latex and micro-foil
balloons, which, when handled properly, pose no threat to humans, animals or the
environment. Broken or un-inflated balloons can cause harm to young children and should
be disposed of immediately. Children under the age of seven (7) should be under constant
adult supervision while playing with latex balloons. Micro-foil balloons should never be
released outdoors due to the danger caused by contact with power lines and other hazards.
Entire Agreement: This Agreement constitutes the entire agreement between the parties
and supersedes any prior understandings and agreements between them with respect to
the subject matter herein. The parties hereto warrant and represent that each has the
capacity to enter into and perform hereunder, and that each party will utilize good faith and
due diligence in the performance hereunder. No waiver of any breach hereunder shall be
construed to constitute a waiver of any subsequent breach. Should any portion of this
Agreement be deemed invalid, the same shall not serve to invalidate the remainder of the
Agreement, which shall remain in full force and effect.
AGREED AND ACCEPTED IN FORM AND CONTENT EFFECTIVE AS OF THIS 2018-01-20, AT
ALL ABOUT BALLOONS, LLC: