Last Updated: January 28, 2026

TERMS & CONDITIONS

TERM

This Agreement becomes effective once a deposit is received by Service and remains in effect through the completion of services.

PAYMENT TERMS

A nonrefundable deposit is required at the time of booking to secure the event date and time. No date is reserved until the deposit has been received.

The remaining balance is due 48 hours prior to the scheduled event, unless otherwise agreed to in writing. As a courtesy, Service may allow payment at the time of service for certain local residential bookings, at Service’s sole discretion, provided payment is received prior to setup or performance.

SERVICE ARTISTS / ENTERTAINERS

Unless otherwise agreed in writing, services under this Agreement are intended to be performed by Ty Dailey.

For balloon twisting services, Service may provide additional or substitute entertainers in the event of illness, emergency, scheduling conflicts, or for events requiring multiple entertainers. Any such entertainers will be booked and managed exclusively through Service.

Balloon shows and other signature performance offerings are performed solely by Ty Dailey and are not subcontracted.

Client agrees to contact and book Service entertainers exclusively through Service. Service warrants that all entertainers provided will perform in a professional manner consistent with industry standards.

If entertainers are subjected to harassment, unsafe conditions, or inappropriate behavior from guests or venue staff, Service reserves the right to end services immediately with no refund issued.

Client agrees not to directly solicit or hire any entertainer provided through Service outside of Service for a period of 12 months following the event.

SAFETY & CHOKING HAZARD WARNING

Client acknowledges that balloons may present a choking hazard. Broken or uninflated balloons can be dangerous to children and pets. Adult supervision is required at all times. Service is not responsible for supervising the handling or use of balloon products once they are created.

VENUE CONDITIONS

Client agrees to provide a safe and appropriate working environment, as well as adult supervision for minors.

Client is responsible for any damage, loss, or removal of Service property caused by the Client, guests, or venue staff and agrees to cover repair or replacement costs if necessary.

For outdoor events, Client must provide a covered or weather-safe area, including protection from rain, wind, extreme temperatures, and excessive heat. If unsafe or unsuitable conditions prevent performance and no reasonable alternative is provided, the event will be treated as a client cancellation and subject to the Cancellation Policy.

If the event begins late due to Client or venue delays, the contracted time will not be extended unless approved by Service and paid in full. No refunds or partial refunds will be issued for early conclusion of the event unless caused by Service.

EXTREME HEAT & TEMPERATURE CONDITIONS

For outdoor events, Client acknowledges that elevated temperatures and humidity may create unsafe working conditions and may negatively impact balloon performance.

If the ambient temperature or heat index reaches 90°F or higher, reasonable accommodations may be required to continue safely. These may include access to shade, relocation to an indoor or climate-controlled space, or adjustments to the performance area.

If no suitable accommodation is available, Service reserves the right to cancel or end services early for safety reasons. In such cases, the event will be treated as a client cancellation and subject to the Cancellation Policy.

BALLOON SHOW LOCATION & REQUIREMENTS

Balloon shows involve large-scale balloon builds, specialized equipment, and active audience participation and therefore require a controlled environment.

Whenever possible, balloon shows must be performed indoors. If scheduled outdoors, Client must provide a fully covered, weather-safe performance area with adequate protection from sun, wind, heat, and environmental hazards. Standard pop-up canopy tents are typically not sufficient.

If environmental conditions negatively impact safety or performance quality, Service may require relocation indoors, modification of the show, or cancellation. If no suitable alternative is available, the event will be treated as a client cancellation and subject to the Cancellation Policy.

TRAVEL FEES

Service includes travel within a 30-mile radius of Cartersville, GA. Events outside this area may incur a travel fee, which will be disclosed at the time of booking and included in the total agreement cost.

PHOTO & MEDIA RELEASE

Client grants Service permission to use photos or videos taken during the event for promotional purposes, including social media, website, and marketing materials.

If any guests prefer not to be photographed or recorded, Client must notify Service in writing prior to the event. Service will make reasonable efforts to honor such requests when made known.

LIMITATION OF LIABILITY

Client acknowledges that live entertainment involves inherent risks and agrees to assume responsibility for the safe participation of guests.

Client agrees to indemnify and hold harmless Service and its entertainers from any claims, damages, or injuries arising from guest actions, lack of adult supervision, balloon ingestion, or venue conditions, to the extent permitted by law.

Service maintains commercial general liability insurance. Service’s total liability shall not exceed the total value of this Agreement.

FORCE MAJEURE / UNFORESEEN CIRCUMSTANCES

Sometimes circumstances arise that are outside anyone’s control, such as severe weather, natural disasters, government restrictions, public health emergencies, or sudden illness or injury.

If services cannot be performed due to one of these events, neither the Client nor Service will be held legally responsible for failure to perform.

Normal outdoor weather risks such as heat, sun, or wind are addressed elsewhere in this Agreement. In cases where conditions are unsafe or make performance impossible, Service will make the determination using reasonable professional judgment.

If services have already begun and must be stopped due to safety concerns or unforeseen circumstances, no refunds or partial refunds will be issued.

Illness or Emergency

If the scheduled entertainer becomes suddenly ill or injured, Service will make a reasonable effort to provide a qualified substitute entertainer for balloon twisting services at no additional cost. If no suitable replacement is available, both parties will be released from the Agreement and the deposit will be returned unless services have already begun or expenses have been incurred.

For signature performances where no substitute is provided, the Client’s sole remedy shall be a full refund of the deposit and any fees paid.

Government Restrictions

If an event cannot proceed due to a government-mandated shutdown or restriction, the deposit may be applied to one rescheduled date within 180 days, subject to availability.

CANCELLATION POLICY

If the Client cancels the event for any reason, the deposit is nonrefundable.

If the Client cancels 48 hours or less prior to the scheduled start time, or if services cannot be performed due to Client or venue conditions, the Client is responsible for the full remaining balance, regardless of whether the remaining balance had already been paid. This reflects the loss of the reserved event date and the inability to rebook on short notice.

RESCHEDULING POLICY

A reschedule is a change to the event date where the Client intends to proceed with services at a later time.

• Reschedule requests made 7 or more days before the event may apply the deposit to one rescheduled date within 180 days, subject to availability.

• Requests made with less than 7 days’ notice will be treated as a cancellation.

• If Service is unavailable on the requested new date, the request will be treated as a cancellation.

• Only one reschedule is permitted per booking.

GENERAL

This Agreement is governed by the laws of the State of Georgia and represents the entire agreement between Client and Service. If any portion of this Agreement is found invalid, the remainder will remain in full effect.