Terms and Conditions.
King Collective LLC d/b/a POPPIN’ Balloons & Décor (“POPPIN’”) and renting and/or purchasing party (“Customer,” which includes all agents acting on Customer’s behalf) that is identified by an event rental quotation, order, acknowledgment, invoice, or any other agreement between POPPIN’ and Customer (“Contract”) hereby agrees to be bound by the terms and conditions outlined below for the rental or purchase of materials, goods, and/or products (“Terms and Conditions”).
I. Scope of Agreement. The terms set forth in the Terms and Conditions and the Contract for the Customer to rent or purchase equipment from POPPIN’ shall constitute the complete set of terms with regards to Customer renting or purchasing from POPPIN’. Upon POPPIN's acceptance of an order from a Customer, the Customer expressly consents to these Terms and Conditions. The Contract, which describes the specific items to be purchased or rented from POPPIN’ and the agreed upon price, is incorporated by reference in these Terms and Conditions.
II. Entire Contract. The Terms and Conditions and the Contract are the complete and only set of terms governing the rental or purchase from POPPIN’, and all previous statements, whether orally or written, are void. The Terms and Conditions and the Contract cannot be modified unless in writing and unless both parties accept the modification.
III. Rental Equipment.
A. Definition of Rental Equipment. “Rental Equipment” shall mean and include any item or product owned by POPPIN’ that the Customer will use and be in Customer’s custody for a specific period of time.
B. Use of Rental Equipment. Customer agrees that Customer will not use the Rental Equipment for any purpose beyond its intended use.
C. Condition on Return of Rental Equipment. Customer agrees to return all Rental Equipment to POPPIN’ in the same condition in which it was delivered to Customer.
D. Liability for Damage to Rental Equipment. Customer shall be liable for any damage sustained by the Rental Equipment while it is in Customer’s custody. For each item of Rental Equipment that is damaged while in Customer’s custody, Customer shall pay POPPIN’ the retail price of such Rental Equipment. POPPIN’ shall have the sole discretion to determine whether any Rental Equipment has been damaged while in Customer’s custody.
IV. Purchase Equipment. Definition of Purchase Equipment. “Purchase Equipment” shall mean and include any item or product that is sold by POPPIN’ to Customer.
V. Payment Terms.
A. Refundable Deposit. At the time of booking the use of Rental Equipment or Purchase Equipment, Customer shall pay POPPIN’ a refundable deposit defined by the terms of the Contract. This refundable deposit will be applied to the final payment.
B. Final Payment. The remaining monies owed to POPPIN’ for Rental Equipment or Purchase Equipment shall be paid on the date specified by POPPIN’ as designated in the Contract.
VI. Rescheduling.
A. Requests to Reschedule. Customer shall have the option to request rescheduling delivery of Rental Equipment or Purchase Equipment if Customer gives written notice to POPPIN’ seven (7) days or more prior to the delivery date designated in the Contract. Such request must be made in writing and delivered to and received by POPPIN’. Electronic transmission, such as e-mail and text message, qualifies as written notice.
B. Date of Rescheduled Delivery. The date for rescheduled delivery must be within three-hundred and sixty-five (365) days of the date of delivery as designated in the Contract, and rescheduling is subject to availability of POPPIN’. POPPIN’ is not obligated to grant a request to reschedule for a date on which POPPIN’, in its sole discretion, determines POPPIN’ is unavailable.
C. Requests to Reschedule on an Unavailable Date. For any request to reschedule for a date that POPPIN’ is unavailable, the request shall be considered a cancellation, and Customer shall be subject to Section VII(B).
D. Requests to Reschedule Within Seven (7) Days of Delivery. If Customer requests to reschedule less than seven (7) days of the date of delivery as designated in the Contract, the Customer shall be subject to Section VII(B).
VII. Cancellations.
A. Cancellations Without Penalty.
i. Customer shall have the option to cancel without penalty the delivery of Rental Equipment or Purchase Equipment if the Customer gives written notice to POPPIN’ seven (7) days or more prior to the delivery date designated in the Contract. Such cancellation must be made in writing and delivered to and received by POPPIN’. Electronic transmission, such as e-mail and text message, qualifies as written notice if POPPIN’ receives the message.
ii. Any refundable deposit, final payment, or other monies related to the Contract received by POPPIN’ from Customer shall be remitted to Customer within 30 days of cancellation.
B. Cancellations with Penalty. If Customer: (1) provides written notice of either request for rescheduling or cancellation less than seven (7) days prior to the date of delivery of Rental Equipment or Purchase Equipment as designated by the Contract or (2) Customer fails to provide written notice of a request for rescheduling or cancellation, then Customer shall be subject to a $100 fee due immediately. Any payments made by Customer to POPPIN’ regarding the Contract, as well as any costs incurred by POPPIN’ in pursuit of its obligations under the Contract, including but not limited to the materials, supplies, and labor, shall be forfeited. The deposit shall become non-refundable. Customer must pay POPPIN’ the full price of the Contract if any amount under the Contract remains outstanding.
VIII. Assumption of the Risk. Customer acknowledges that there are risks of injury or loss by using Rental Equipment or Purchase Equipment. Customer hereby agrees to assume all risk of Customer’s use of any Rental Equipment or Purchase Equipment subject to this Terms and Conditions. Accordingly, Customer waives all current and future claims, releases, and forever holds POPPIN’, its officers, directors, managers, employees, agents, affiliates, parent companies, and subsidiaries not liable for any damage sustained by Customer or any other person resulting from use or misuse of Rental Equipment or Purchase Equipment during the time that the Rental Equipment and Purchase Equipment is in Customer’s custody. Further, Customer agrees that any person with whom Customer utilizes the Rental Equipment shall agree to waive all current and future claims, release, and forever hold POPPIN’, its officers, directors, managers, employees, agents, affiliates, parent companies, and subsidiaries not liable for any damage sustained by that person. This waiver includes, but is not limited to, injuries or death caused by balloon material that enters the mouth of any person of any age and covers that person’s windpipe.
IX. No Warranty. POPPIN’ provides Rental Equipment and Purchase Equipment “as is” without any warranty, express or implied, including no warranty for merchantability or fitness for any particular purpose.
X. Assignment. The Terms and Conditions shall apply to the successors and assigns of POPPIN’. Customer may not assign or transfer rights or responsibilities under the Terms and Conditions, in whole or in part, without prior written consent from POPPIN’.
XI. Attorney’s Fees. If POPPIN’ or Customer retain legal counsel to bring legal action against each other for conflicts arising from the Terms and Conditions or the Contract, the unsuccessful party shall pay reasonable attorney’s fees to the prevailing party.
XII. Severability. Any terms of these Terms and Conditions found to be unenforceable or invalid shall be severed from the Terms and Conditions. The remaining terms will be enforced to the greatest extent possible as though the invalid or unenforceable term were not included in the Terms and Conditions.
XIII. Choice of Law. These Terms and Conditions and the Contract shall be governed by the laws of the State of Georgia. All disputes shall be resolved in Clayton County, Georgia, and any lawsuit related to this Agreement shall be filed in a court of competent jurisdiction in Clayton County, Georgia. Customer and POPPIN’ hereby submit to the jurisdiction and venue of the courts of Clayton County, Georgia.