Terms and Conditions

TERMS AND CONDITIONS

I. RESERVATIONS: 

1. A debit/credit card number (or other payment method authorized by the company) is required to create a reservation and hold any order unless Customer has established a charge account. A 50% deposit is required at the time of reservation. The balance is due eight (8) days prior to the event.
2. It is the company’s responsibility to communicate with the client prior to their event via text message to confirm their data such as: service, address, day and time. It is the client’s responsibility to verify the data and respond to this message. If we do not receive a response, we will assume that the information provided in the message is correct.
3. It is the client’s responsibility to verify that the address is correct, if it is not and it’s verified the same day of the event, an additional charge of $100 will be charged.

II. CANCELLATION:

1. Events canceled over 30 days prior to the event will receive a full refund except for custom or personalized items such as decoration, cake, sweets and favors.
2. Cancellations made in less than 30 days will receive a store credit 

III. CANCELLATION FEES:

1. A 50% cancellation charge will apply to any Rental Items cancelled less than ten (10) days before delivery or pickup.
2. A 100% cancellation charge will apply to items canceled less than five (5) days before delivery or pickup.
3. No credit will be issued for mutually agreed upon custom items or event-driven purchases; these items are subject to payment in full at the time of reservation for all clients and are non-refundable.
4. No credit or refund will be given for unused items. Unless the order has been confirmed and reserved, all prices and availability are subject to change.
5. Deposits are NOT refundable.

IV. ORDER CHANGES:

1. The last day to make a change to an order is 8 days prior to the delivery date.
2. No changes will be allowed in less than 7 days.
3. Service Options “Face Painting or Balloon Twisting”: For one hour of service, the client can choose between either face painting or balloon twisting. Only one option can be selected per hour. If you wish to request both services, please check the availability of the characters and confirm the number of characters hired for the event. Both face painting and balloon twisting cannot be combined for a single hour of service.

V. REFUNDS:

1. No refunds will be given for events canceled in less than 30 days, unused items and for custom/personalized items such as decoration, cake, sweets and favors.
2. Client will receive a full refund for services NOT performed in such event that the Entertainer does not perform at the event.
3. Entertainer should not be responsible for any damages or claims in the event of entertainer inability to perform due to acts of God or other reasons which include, but are not limited to: bad weather, floods, failure of electronic equipment, breakdown or delayed of transportation, ill health, war, public authority, dangerous or unsuitable location(s) [as deemed by Entertainer(s)], etc, and Entertainers obligations to event shall be deemed waived.
4. In the unlikely event of such non-performance or delayed for any of the reasons stated in this paragraph, if Entertainer is ready, willing, and able to perform, Client shall pay the total.
5. If such act of God or any other above stated reason(s) occurs, Entertainer will use its best efforts and resources to find and provide a replacement entertainer as similar as possible to the Entertainer contacted for event.
6. If a replacement Entertainer cannot be found, a full refund will be returned to Client immediately.
7. In the unlikely event of a delayed, liability is limited to providing Client with performance time equal to time lacking.
8. Client understands that Entertainer does not offer a promise of a performance guarantee. Due to the subjective nature of entertainment services, a performance guarantee or agreement is not made or offered.

VI. OVER TIME:

1. When feasible and approved by venue, Client request for overtime will be accommodated.
2. Over time requested may be in half-hour increments at a minimum cost of $100.00 dollars per Entertainer per half-hour (30 minutes) depending on circumstances, type of event and/or based on original per hour quote of this agreement.
3. Payment for overtime is due: immediately, before overtime played on the event date and made be paid ONLY with cash, money orders or cashier’s check.

VII. PROVISIONS FOR CHARACTERS AND THEMED SHOWS:

Client shall provide Entertainer with safe and appropriate working conditions. This includes:

1. A dressing room area.
2. A minimum 6-foot by 8- foot area for setup, space for setting up speakers and lighting stands.
3. Venue provides DJ with a sturdy, covered table, approximately 2-foot by 6-foot in area, unless prior arrangements are made otherwise.
4. Venue is open at least one hour prior to scheduled start time.
5. Entertainer requires a minimum of one correctly wire 110-volt (3 prong grounded) 15-20 amp circuit outlet from a reliable power source within 20-feet (along the wall) of the set-up area unless prior arrangements are made for a portable electrical power system. This circuit must be free of all other connected loads. Any delay in the performance or damage to entertainer’s equipment due to improper power is the responsibility of the Client. Two circuits are preferred, where possible. Additional outlets on SEPARATE circuits for lighting (if contracted for) are required.
6. Venue meets all federal and state safety regulations and has all appropriate music licenses and performance permits if applicable.
7. Client is responsible for paying any charges imposed by the venue. These charges may include, but are not limited to parking, use of electric power, venue imposed service fees, and fire marshal if necessary (for use of fog equipment).
8. Outdoor Events: It is understood that should this be a “Rain or Shine” event, Entertainer’s compensation is in no way affected by inclement weather. For outdoor performance, client shall provide overhead shelter for setup area of a minimum 12-foot by 12-foot area that completely covers and protects Entertainer, Entertainer’s equipment and Entertainer affiliates. A minimum ground covered of 10-foot by 6-foot will be set in place at least 1 hour prior to event start, as a barrier between the ground and electrical cords and equipment used by Entertainer. The Entertainer reserves the right in good faith, to stop or cancel the performance should the weather pose a potential danger to her/him, the equipment, or audience. If Client and Entertainer disagree as to whether rendition of performance is possible, not feasible or unsafe because of inclement weather, Entertainers determination as to performance shall prevail. Every effort will be made to continue the performance. However, safety is paramount in all decisions. The Entertainer’s compensation will not be affected by such cancellation.
9. Bubbles and/or bubble machines will not be used within a minimum 20-feet of Entertainer’s equipment.
10. Client shall assume total financial responsibility for all damages to Entertainer, Entertainer’s equipment and Entertainer’s affiliates, etc. as a result of an inadequate crowd control, guests and other persons at the Event which may cause damage or harm to Entertainer, Entertainer’s equipment, Entertainer’s affiliates, etc. Such damages shall be paid for within thirty (30) days of the date of the Event.
11. Entertainer reserves that right to reserve any guest access to the sound system, music recordings, or other equipment. Entertainer also reserves the right to deny any guest music and/or announcement request as deemed by the Entertainer to be untimely or inappropriate.
12. No performance during the show shall be recorded, reproduced or transmitted from the place of performance, in any manner, or any means whatsoever, in the absence of a specific written agreement with Entertainer relating to and permitting such recording, reproducing or transmission. Client agrees all pictures and videotapes of the event are permitted for the use of the Client and Entertainer. Any and all materials and information provided by Entertainer are sole property of Entertainer and as such have been provided for the personal use of the Client exclusively. Said materials are not to be reproduced, copied or distributed by any other persons outside of Entertainer.
13. Entertainer shall have the exclusive control over the production, presentation and performance of the Event as well as the means and methods employed in fulfilling each obligation of Client in all respects and in all details.
14. Entertainer shall not be responsible for any property or personal damages, actions, hearing loss, bodily injury or other damages caused at the Event or Events locations.
15. Client will receive a refund for services not performed or products not purchased if Entertainer cancels performance before the date of primary Event.
16. Entertainer reserves the right to cease performance as a result of circumstances deemed by Entertainer to present a real or implied threat of injury or harm to Entertainer, Entertainer’s equipment and Entertainer’s affiliates, etc. and/or failure to comply with any of these provisions.
17. In the event, Client refuses or neglects to provide any of the provisions or to perform any of its obligations herein stated and or fails to make any of the payments as provided herein, Entertainer shall have the right to refuse to perform this contract. Entertainer shall retain any amounts therefore paid by Client and Client shall remain liable to Entertainer for the Total agreed price herein set forth.
18. Client agrees to provide Kids Fairyland employees and associates a designated parking space at the venue, or payment to cover the cost of parking or valet parking at the venue.

VIII. COLLECTION CLAUSES:

The laws of the State of Florida shall govern this agreement regardless of the place of performance.

1. In the event of suit involving or relating to this agreement, Client agrees that venue will be in Broward County.
2. Client agrees to defend, indemnify, assume liability for and hold Entertainer harmless for any claims, damages, losses, personal injury and expenses by or to any person, third party, firm or corporation not based on the negligence of the Entertainer, which pertains directly or immediately to the Entertainer performance.
3. In the event Entertainer has to file suit or a civil action arises in an effort to enforce any provision of this agreement, Client agrees to pay the court cost, attorney’s fees and service fees.
4. Client agrees that if collection action should become necessary for recovery of any monies due under this agreement, Client agrees to pay additionally any and all collection cost to Entertainer.
5. Arbitration to any disputes may be taken to an independent arbitrator for assistance, action and it is further agreed their decision shall be final.
6. In the Event that any provision of this Agreement is found invalid or unenforceable pursuant to judicial decree or decision by the Broward County Court, FL, the remainder shall remain valid and enforceable according to its terms.
7. Without limiting the foregoing, it is expressly understood and agreed that each and every provision of this Agreement that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages is intended by the parties to be severable and independent of any other provision and to be enforced as such.
8. Further, it is expressly understood and agreed that in the Event any remedy under this Agreement is determined to have failed of its essential purpose; all other limitations of liability and exclusion of damages set forth in this Agreement shall remain in full force and effect.
9. Client additionally agrees that by arbitration and/or legal action taken can only result in the disputed or contracted amount and cannot seek punitive damages.
10. This contract cannot cover consequential and incidental damages incurred by either party. Client agrees that Kids Fairyland is a Florida business, therefore, any and all legal proceedings must be filed and take place in Broward County, Florida.

The Client confirms that he/she/they have full authority to fulfill this agreement and that by making any payments, The Client has carefully reviewed this contract and Understands, Agrees & Accepts its terms and conditions.

IX. DECORATIONS

1. For decorations that have decorative items, in case the customer pays via Zelle or Cash App, a security deposit of $100 to $200 will be charged according to the type of decoration and items that are included. This deposit will be returned within a period of 3-5 business days only if the products are not defective. 

X. INFLATABLES AND PARTY RENTAL

Penalties may be applied if you do not comply with these terms and conditions.

1. NO silly strings, crayons, pens, pencils, candy, food, drinks, animals, shoes, or sharp objects are allowed on any inflatable.
2. You will be charged a cleaning fee of $100 in case of occurrence.
3. The driver upon delivery will ask the person receiving the delivery where to set up the items rented, once we have your confirmation, we will NOT move the rented items until your scheduled pick up time.
4. Fee will apply if items need to be moved and the fee amount is upon our discretion.
5. Chair and table setup is not included. Missing / Broken items will be charged at replacement cost.
6. Make sure there will be easy access to the set up site for delivery, and that there are no rocks, sticks or other debris (including animal droppings) in the area.
7. If you are renting a Water Unit, it’s the customer’s responsibility to provide the water and water hose.
8. Ensure that a power source is accessible.
9. Client is responsible to provide electricity for the proper functioning of inflatables and/or any other machine where electricity is needed.
10. In the case the event is at venue/park that does not provide electricity, client must add a generator per inflatable.
11. Client must also check with the venue/park if bounce house attendant is needed for the inflatable.
12. If the event is at a Broward County Park, a generator and and a bounce house attendant per inflatable must be added to your order.
13. Rentals that are set up on hard surfaces such as concrete or asphalt must be closely watched to prevent their moving.
14. If the equipment moves off the provided tarp, damage or staining may occur on the bottom of the unit.
15. You must follow inflatable usage instructions located in front of the inflatable and always be adult supervised.
16. All Inflatable and Party rentals are subject to a 6 to 8-hour rental.
17. Additional fees may occur if the rental is extended outside the normal rental time period.

XI. PRODUCTS:

All rental items are used, therefore some signs of wear and tear might be visible.

XII. WEATHER UNCERTAINTIES:

1. We will not provide refunds due to wind or rain.
2. Inflatables should not be used in winds exceeding 17mph and should be shut down for safety.

XIII. SAFETY:

THE CUSTOMER ACKNOWLEDGES THE POSSIBILITY OF INJURY AND MUST PROVIDE ADULT SUPERVISION AT ALL TIMES ACCORDING TO THE RULES GIVEN TO RENTAL PARTY PRIOR TO EVENT, WRITTEN INSTRUCTION, OR VERBAL.

XIV. SITE PREPARATION:

1. Please be sure your site is ready (i.e. lawns mowed, vehicles out of the way, etc.) before crew arrives.
2. Client will inform Kids Fairyland in advance of any underground sprinkler system or conditions that may interfere with the ability to stake and/or anchor equipment/tents.
3. Location of underground utility/phone lines is the responsibility of homeowner.
4. Client assumes responsibility for any damage to underground equipment in absence of such notice.
5. We assume no responsibility for damage to buried lines such as dog fences, door fences, gas lines, underground electrical lines, outdoor lighting, septic system and sprinkler systems.
6. The tent manufacturer highly recommends that all tents be installed and staked down.
7. Customer requests for any other type of installation/anchoring require the customer to accept liability for any damage or any or all property.
8. The client is responsible to provide all the requirements that the venue/parks request, in order to be allowed to do the event.

XV. DELIVERY/PICKUP SERVICE:

1. Delivery service is available on orders of a minimum $130.
2. All fees are based by geographical location.
3. Additional delivery charges will occur for second floor or higher delivery locations, basement delivery locations, excessive distance for loading/unloading trucks, specific delivery and pickup times and after-hours delivery and pickup.
4. Delivery fees quoted may change after site inspection.
   All items will be delivered and picked up at a designated location.
5. The client should be available to count all items upon delivery and pickup. Otherwise, our counts will be considered accurate.
6. Orders are typically delivered 1day in advance or the same day of your event while pickups occur the same day or the next days following your event.
7. Responsibility for equipment remains with the client from the time of delivery to the time of pickup.
8. Please be sure all equipment is secured when not in use and protected from the weather.
9. Rental equipment left exposed to inclement weather will be accessed additional rental fees.

XVI. TECHNICAL SUPPORT:

1. Any problem with our items must be reported IMMEDIATELY to the office number, in order to provide technical support.
2. NO refund will be given for issues that haven’t been reported.