Terms of service
This agreement is between the Client and Cloud Nine Balloon Studio ("Company", "we", "us") for balloon and event decor services.
By placing an order, submitting a quote request, or making a payment, the Client agrees to all terms below.
1. Scope of Services
All services, products, and rental items will be outlined in the invoice provided to the Client.
2. Payment Terms
- A non-refundable deposit is required at the time of booking
- The remaining balance must be paid no later than 7 days before the event date
- All payments made are non-refundable
- Late payments may result in cancellation at the Decorator's discretion
- Payment methods and deadlines will be included in the invoice
3. Custom & Perishable Nature
Balloon decor is custom, time-sensitive, and perishable. Variations in color and materials may occur.
4. Cancellation & Refund Policy
Custom Installations:
- All payments made are non-refundable
- Additional payments may also be non-refundable once production begins
Ready-Made Products:
- Cancel up to 48 hours before delivery
- Less than 48 hours = non-refundable
General:
- No refunds after delivery or installation
- No refunds for weather or misuse
5. Delivery Policy (San Diego Only)
- Delivery only within San Diego
- Delivery window (not exact time)
- Additional fees may apply
- Responsibility transfers after delivery
6. Rentals
- All items remain property of the Company
- Client responsible for damages or loss
7. Safety & Liability
Balloon decor is fragile. Company is not responsible for:
- popping or deflation
- helium loss
- weather damage
- children, pets, or guests
IMPORTANT:
- Balloons are a choking hazard
- Do not inhale helium
- Do not release balloons outdoors
Client assumes full responsibility after delivery.
8. California Compliance
In accordance with California law and safety regulations:
- Foil (mylar) balloons must be properly weighted at all times to prevent accidental release
- Ribbon restrictions: Balloons must not be tied with conductive or metallic ribbon, which may pose electrical hazards
- Intentional release prohibition: Intentional release of balloons outdoors is strictly prohibited under California law
The Client agrees to comply with all local, state, and federal laws, venue regulations, and safety requirements. The Company is not responsible for any violations caused by the Client, third parties, or guests after delivery and installation.
9. Outdoor Disclaimer
Balloon decor is highly sensitive to environmental conditions. The Company is not responsible for any damage, changes, reduced lifespan, or deterioration caused by:
- Heat or direct sunlight exposure
- Wind or air movement
- Humidity, moisture, or rain
- Cold temperatures or frost
- UV radiation or air pollution
Outdoor Installations Are Fully at Client's Risk
The Client is responsible for providing and maintaining:
- Shaded or protected areas when applicable
- Proper placement away from hazards
- Backup plans or contingency arrangements if needed
- Monitoring of decor throughout the event
10. Client Responsibilities
The Client agrees to:
- Provide accurate and complete event details, including venue address, access information, and setup requirements
- Ensure access to the venue during setup and breakdown windows
- Obtain all necessary permissions, permits, and approvals for installations at the venue
- Provide a safe working environment for Company staff
- Communicate any changes or special requirements in advance
The Client is fully responsible for:
- Supervising guests, children, and pets around balloon decor
- Preventing damage to decor from mishandling or misuse
- Ensuring no intentional or accidental misuse of balloons or equipment
- Protecting decor from environmental hazards
Consequences of Non-Compliance
Failure to meet these responsibilities may result in:
- Additional fees for corrective work or repairs
- Refusal of service for future events
- Cancellation of current order without refund
- Legal action to recover damages
11. Additional Fees
Additional charges may apply for services outside the original scope of work, including:
- Last-minute changes or modifications to the design
- Rush orders with expedited production or delivery
- Extended setup or breakdown time beyond the agreed timeframe
- Difficult venue access (multiple flights of stairs, long distances, limited parking, restricted hours)
- On-site changes, custom requests, or services outside the agreed scope
- Travel fees for locations outside standard delivery areas
- Overtime or weekend premium charges
All additional services will be billed at the Company's standard rates. Clients will be notified of additional charges before work begins whenever possible. Payment for additional fees is due upon invoice.
12. Liability Limitation
To the maximum extent permitted by law:
The Company is not liable for:
- Indirect, incidental, or consequential damages
- Loss of event value, experience, or enjoyment
- Damage to property or decor caused after delivery or installation
- Injury or harm to persons or animals
- Lost profits or business interruption
- Emotional distress or reputational harm
Liability Cap
Total liability is strictly limited to the amount paid for the specific order. In no event shall the Company's total liability exceed the invoice amount for the services in question.
13. Force Majeure
The Company is not responsible for delays, changes, cancellations, or failure to perform caused by events beyond its reasonable control, including:
- Severe weather conditions (storms, flooding, extreme heat/cold)
- Natural disasters (earthquakes, wildfires, hurricanes)
- Illness, injury, or death of key personnel
- Transportation issues or vehicle breakdowns
- Government restrictions, lockdowns, or emergency orders
- Supply chain disruptions or material shortages
- Utility failures or infrastructure damage
- Venue closure or access denial
In such cases, the Company will make reasonable efforts to reschedule the event based on availability. If rescheduling is not possible, the Client may receive a credit toward future services or a partial refund of fees paid (minus any non-refundable deposits).
14. Photo & Marketing Release
The Company reserves the right to photograph completed work for portfolio, marketing, and promotional purposes, including:
- Website and social media display
- Marketing materials and advertisements
- Portfolio presentations to prospective clients
- Industry publications and awards submissions
Opt-Out Option: If the Client does not wish to have photos used for marketing purposes, they must submit a written request (email is acceptable) before the event date. The Company will honor opt-out requests and will not use photos for promotional purposes.
By default, the Client consents to photography and use of images. Opting out does not affect service quality or pricing.
15. Agreement & Entire Terms
By submitting payment, placing an order, or signing a contract, the Client confirms that they have:
- Read and reviewed these complete Terms & Conditions
- Understood all terms, conditions, and limitations of liability
- Agreed to all terms without reservation
- Had the opportunity to ask questions and seek legal counsel if desired
Entire Agreement: These Terms & Conditions, along with the invoice and any written contract, constitute the entire agreement between the Client and the Company. No verbal agreements, promises, or representations override these written terms unless confirmed in writing and signed by an authorized representative of the Company.
Modifications: The Company reserves the right to update these Terms & Conditions at any time. Changes will be effective upon posting to the website. Continued use of services after updates constitutes acceptance of new terms.
Governing Law
These Terms & Conditions are governed by the laws of the State of California. Any disputes shall be resolved in the courts of San Diego County, California.