BIG DAY CELEBRATIONS AND EVENTS – TERMS OF SERVICE

By paying any invoice, deposit, or retainer to Big Day Celebrations and Events, you (the "Client") explicitly agree to be legally bound by the following Terms and Conditions. These terms govern all residential, commercial, and corporate contract services provided by Big Day Celebrations and Events (the "Company").

1. Payment Structure, Retainers, & Balances

• Non-Refundable Retainer: A 50% deposit is required to secure your event date on our operational calendar. This deposit immediately covers custom design work, administrative overhead, and the custom ordering of wholesale materials. It is strictly non-refundable.

• Final Balance: The remaining 50% balance must be paid in full no later than fourteen (14) days prior to the scheduled event date.

• Late Bookings: Any event booked within 14 days of the execution date requires 100% full payment upfront at the time of booking.

• Failure to Pay: If the final balance is not paid 14 days prior to the event, the Company reserves the right to cancel the installation instantly, retain the 50% deposit, and assess a $35 account closure fee.

2. Cancellations, Rescheduling, & "Rain Check" Credits

• Notice Over 14 Days: Cancellations made more than 14 days prior to the event will result in a forfeiture of the 50% deposit. No administrative cancellation fee applies.

• Notice Under 14 Days: Cancellations made within 14 days of the event are 100% non-refundable. All materials, balloons, vinyl, and custom backdrops are pre-ordered, cut, inflated, or built during this window. At the sole discretion of management, a 1-year "Rain Check" credit may be offered, or a $35 cancellation fee will apply to terminate the contract.

• Corporate Retainers: Corporate 6-month contracts require a 30-day written cancellation notice. Early termination of a corporate contract prior to the 6-month mark will result in an early termination fee equal to one full month's retainer installment.

3. Equipment Ownership, Loss, & Damage Liability

• Rental Framework: All structural hardware—including metal arches, wood backdrop panels, sailboards, neon signs, weighted sandbags, baseplates, and display pedestals/cylinders—remains the exclusive property of the Company and is provided on a temporary rental basis only.

• Client Responsibility: The Client assumes full financial and legal responsibility for all rented equipment from the moment the Company completes installation until the Company retrieves the items.

• Theft or Damage Fees: If equipment is stolen, lost, or damaged by guests, venue staff, weather, or attendees, the Client will be billed for the full replacement retail cost of the items. Missing or broken frames/backdrops will incur a minimum replacement fee of $250 per piece; broken/stolen neon signs will incur a flat $150 replacement fee.

4. Site Access, Delivery, & Strike Logistics

• Access Windows: The Client must guarantee the Company an uninterrupted installation window of at least 4 to 6 hours prior to the event start time, along with safe, legal parking/unloading zones near the installation site.

• Delivery Failures: If the Company is denied entry to the venue, locked out, or delayed by venue staff or the Client, a late fee of $50 per half-hour will accumulate. If access is not granted within 1 hour of the scheduled window, the installation is considered forfeited by the Client, and no refunds or credits will be issued.

• Extended Travel Surcharge: Locations outside our standard 20-mile local radius from Clearfield County are subject to an extended travel fee of $1.00 per mile up to our maximum 75-mile service boundary.

5. Outdoor Installations & Environmental Disclaimers

• No Material Guarantees Outdoors: Balloons and outdoor backdrops are temporary structures highly vulnerable to natural elements such as direct sunlight, heat, wind, rain, and humidity. High temperatures (90°F+) cause latex balloons to expand and pop; wind speeds above 15 mph threaten structural stability.

• Client Risk Assessment: The Company uses industrial weights, professional materials, and rigging techniques. However, the Company does not guarantee the lifespan or structural survival of any balloon display or backdrop outdoors. Once our team leaves the site, the Client assumes all risk for outdoor weather degradation. No refunds or partial credits will be issued for popped, deflated, or wind-damaged outdoor installations.

6. Safety, Personal Injury, & Indemnification

• Choking & Injury Warning: Balloons can pose a strict choking hazard to children and pets. Sharp objects, popping balloons, or broken pieces can cause facial, eye, or bodily injury.

• Structural Safety: Backdrop panels and balloon columns look whimsical but are heavy, professional engineering installations. Guests, children, and attendees must never lean on, climb, play around, or pull on the displays.

• Hold Harmless Agreement: The Client agrees to indemnify, defend, and hold harmless Big Day Celebrations and Events, its owners, operators, and staff from any and all claims, damages, personal injuries, deaths, or legal liabilities arising from the use, presence, popping, choking, tipping, or misuse of our balloons, rentals, and equipment before, during, or after the event.

7. Exclusivity & Creative Intellectual Property

• Exclusivity Clause: To protect our brand reputation and ensure design uniformity, the Company shall be the exclusive provider of balloon decor and heavy backdrops for the designated event space. No other third-party companies, coordinators, or volunteers may add elements to our structures without express written consent.

• Media Release: The Company retains all rights to photograph and record videos of our installed work for social media, marketing, and website portfolio purposes.

8. Force Majeure & Limitation of Liability

• Uncontrollable Events: The Company is not legally or financially liable for failure to perform or delays caused by Acts of God, severe weather emergencies, natural disasters, active fire/department deployments, road closures, pandemics, government restrictions, or other unexpected events completely beyond our control. In such events, a 1-year Rain Check credit will be issued if the event has not been set up. 

• Maximum Liability Cap: In the event that the Company is found legally liable for a breach of this contract, the maximum financial liability of the Company shall never exceed the exact dollar amount paid by the Client on the specific invoice in question.