imagic touch, llc policy

All event & rental services will prompt an electronic agreement form to be completed. details below:

Payment Terms and Conditions: The total cost listed on an event invoice is in agreement with IMAGIC TOUCH LLC and will be made payable to IMAGIC TOUCH LLC prior to my event date. A 35% deposit of the total costs is required to secure your event/rental services immediately upon booking. Your deposit is considered non-refundable. You may reschedule your rental/event within two weeks of your initial event date and your deposit will be transferred to the new event date. This option is made available for a maximum of two event date changes within 1 month of your initial event date. It is understood that Imagic Touch LLC release any and all responsibility/liability in the event of post event service looting, trash, vandalism, graffiti, etc. when one opts out of our optional clean up service. Equipment used for your event is considered property of IMAGIC TOUCH LLC and it is your responsibility to provide timely access to the event area for strike and tear-down. Should all equipment and materials not be available to retrieve from the location, you agree by your electronic signature to take full financial responsibility for the replacement costs of missing/damaged equipment or material rented to you. Any/all RENTAL equipment used/burrowed require a $75.00 deposit. This deposit will be refunded to you upon completion of your rental as long as the rented equipment is not broke/damaged. Rental equipment must be returned in the same condition your rental was in prior to being rented. Photos/video may be taken prior to delivery/pickup for IMAGIC TOUCH LLC's records. If damages exceed your deposit amount, IMAGIC TOUCH LLC may hold you financially responsible for replacement/repairs and further proceed to small claims court.

Safety Policy: DO NOT allow anyone to inhale helium from the filling equipment or from balloons! Inhaling helium gas directly from high- pressure tanks or inflated balloons can cause dizziness, drowsiness, loss of consciousness or other serious injury. Popping balloons can cause eye or other injury. Protective gear, including eye shields, should be worn. Customer is responsible for supervising all use, and preventing all misuse or abuse of helium, balloons, equipment and material related to the event. Customer hereby agrees to hold harmless and without liability, Perla Contreras (Imagic Touch) and all principals, owners, or employees of Imagic Touch from any of the following: Helium inhalation or injury from lack of oxygen, slipping on broken balloons, latex allergies, children having access to balloons before, during or after events, children putting balloons in their mouths and choking, eye/facial/body injuries from popping balloons, heart attacks from popping balloons, hearing loss due to popping balloons, lesions, abrasions, suffocation, choking, loss of sight, loss of hearing, dizziness, drowsiness, loss of consciousness, broken body parts, death or any other personal or property damage caused or alleged to have been caused by popping balloons, or damage to swimming pool filtration systems caused by broken balloons.

Rentals additional details: Company agrees to rent to Renter the items described in detail in the rental items list (hereinafter, “Rental Items List”), which is incorporated by reference, made a part of this Agreement, and attached as Exhibit A, for Renter’s Event (hereinafter, “Event”) scheduled for the Event Date. Renter agrees to pay Company the fees (hereinafter, “Rental Fees”) specified in the Rental Items List, along with applicable delivery charges or other charges stated in the Rental Items List. Rental Fees are for the time the Rental Items are reserved or out and away from Company’s possession, regardless of whether the Rental Items are actually used by Renter. No refunds will be given for unused Rental Items. (If Company is holding an item for Renter and deposit is paid by renter, Company will not rent it to anyone else.) Renter agrees to pay an initial, non-refundable payment equal to fifty percent (35%) of the total fee (the sum of the Rental Fees plus the Picture Perfect Charge plus the Delivery Fee, if applicable) for the Rental Items (hereinafter, “Initial Payment”) upon signing of this Agreement. Renter acknowledges that the Initial Payment is an earned fee, and includes compensation for Company’s initial consultation and item selection. Renter agrees to pay the remaining fifty percent (35%) of the total fee from the Rental Items List, along with any additional fees for delivery changes, event rescheduling, or rental item additions or substitutions (the “Final Payment”), thirty (14) days prior to the Event Date (or the rescheduled event date, if applicable). If Renter used a credit card to pay the Initial Payment, then Renter agrees and expressly authorizes Company to charge the same credit card for the Final Payment fourteen (14) days prior to the Event Date (or the rescheduled event date, if applicable). Company will not reserve Rental Items for the Event Date until Renter provides a signed copy of this Agreement to Company and makes the Initial Payment.

Late Fees: In the event that Renter does not pay the Final Payment, Company has no obligation to rent the Rental Items to Renter, and Company may terminate this Agreement and retain the Initial Payment. Any past due portion of the Rental Fee, including any damage, cleaning, or replacement fees, will incur interest at a rate of 1.5% per month commencing on the due date. Renter agrees to pay all costs of collection, including court costs and attorneys’ fees, incurred by the Company in connection with collecting any past due Rental Fees or damage, cleaning, or replacement fees, or otherwise enforcing Company’s rights under this Agreement. Late Return: If Rental Items are not returned by Renter on the specified date and time on the Rental Items List, Renter agrees to pay the full Rental Fee of the Rental Fees for each day thereafter until the Rental Items are returned, or up to fourteen (14) days, at which time Renter agrees to pay the full replacement fees. Damaged/Missing Rental Items: All Rental Items are compared to the delivery inventory and examined by Company prior to delivery and/or release to Renter. Renter (or Renter’s representative, such as a professional event coordinator) has the right to inspect all Rental Items upon delivery and/or receipt, prior to the start of the Event, and should initial the delivery inventory sheet that Company provides upon delivery or will-call ticket upon pickup from Company. Renter may waive this right to inspect. If Renter discovers damaged or missing Rental Items prior to the start of the Event, Renter agrees to notify Company immediately. Company agrees to make all reasonable attempts to provide a replacement or substitute for any damaged or missing Rental Items prior to the Event stated start time, or if no reasonable replacement or substitute item can be provided, to promptly refund the cost of the damaged or missing item to Renter. Renter agrees that any damaged Rental Items will not be used at the Event. All damaged Rental Items remain the property of Company and must be returned to Company. Renter agrees to pay for any damages beyond normal wear and tear occurring after the Rental Items are delivered to Renter, including damage occurring as a result of any person other than a Company representative moving the Rental Items from the location where they were delivered by Company; damages occurring during the Event; damages occurring following the Event, including while cleaning off the Rental Items or while packing up the Rental Items, are the sole responsibility of Renter, whether actually caused by Renter or by Renter’s guests, Event venue staff, or third party Event vendors. Normal and reasonable wear and tear on Rental Items including, but not limited to, broken glass, chipped plates, dirt spots on upholstery, and minor scratches on furniture are all covered under the Picture Perfect policy. Damages beyond normal wear and tear may include, but are not limited to, heavily stained upholstered items, broken furniture, rips or tears in upholstery, and excessive amounts of breakage. Renter agrees to pay for the replacement cost of lost, stolen, or permanently modified Rental Items, including packaging supplies not returned such as plastic totes, crates, and dish racks. Delivery Services: Renter agrees to pay a delivery fee (the “Delivery Fee”), if any, which is based upon those Rental Items itemized on the Rental Items List. Company agrees to deliver Rental Items door-to-door only, unless other arrangements are confirmed in writing. If Renter adds or changes Rental Items, or requests revised delivery/retrieval dates/times from the original booking, Company may increase the Delivery Fee. Renter (or Renter’s representative such as Event Staff) must be present at the Event site during the agreed upon time(s) and ensure Company has full access to the premises. If Renter or Renter’s representative is not present at the time of delivery, Renter waives the right to inspect the status, condition, and quantities of Rental Items. Company is not responsible for delay(s) caused by other parties, including providers of other rentals or services. Company to make reasonable efforts to locate missing Rental Items and packaging at the time of pickup from the designated drop off and pickup location. If Rental Items are not found in the designated location, Renter agrees to return the Rental Items to Company by the next business day to avoid any late fees or charges for missing items. Renter Changes/Substitutions: By Renter: If Renter wishes to cancel the rental of some, but not all, Rental Items, or to make substitutions for certain Rental Items, in no event will the Rental Fees be less than Rental Fees stated in the Rental Items List, or as indicated in any subsequent amended Rental Items List submitted by Renter. Should such changes to the Rental Items List be made, Company agrees to send an amended Rental Items List to Renter. Renter is to submit any changes on the Rental Items List to Company via email. There will be no refunds or cancellations of Rental Items made less than thirty (14) days prior to the Event Date. Imagic Touch, LLC reserves the right to make reasonable substitutions of Rental Items, when necessary, and shall inform Renter of such substitutions prior to the Event when possible. If the rental price for the substituted item(s) is less than the rental price for the originally selected Rental Item(s), Company agrees to refund to Renter the difference in price, or if no substitutions are available, the rental price for the affected Rental Item(s). Rescheduling: If Renter reschedules the Event Date, Renter agrees to give written notice to the Company of Renter’s intention to reschedule the Event Date and, if known, identify the new date for the Event (hereinafter, “Rescheduled Event Date”). Company cannot guarantee the availability of the Rental Items on the Rescheduled Event Date. If Rental Items are available for the Rescheduled Event Date, Renter may incur additional fees for Company’s services due to the event rescheduling. At Company’s discretion, the Parties may enter into a separate written agreement or modify this Agreement to reflect the Rescheduled Event Date. Renter agrees to pay additional fees associated with damage for failure to comply with any of the following additional rental policies:

1.1. Under no circumstances should furniture/rental equipment be kept outside overnight or left in inclement weather such as rain or snow. 1.2. All furniture such as tables and upholstered seating should never be dragged to move, but instead should be lifted fully off the ground. 1.3. Standing on or smoking on or around upholstered furniture is not allowed. 1.4. Use of wax candles in votive candles holders is prohibited for use near floral wall/rental property unless fully enclosed with a glass insert only as provided by Company. Should wax be left in any votive candle holder, Renter agrees to pay a cleaning fee equivalent to the entire rental Fee for each votive. 1.5. Only fully enclosed candles (and flame) are allowed in lanterns to help avoid spilled wax. Company recommends LED/battery operated candles as a safer alternate to wax candles. If wax is left in any lantern, Renter agrees to pay a cleaning fee equivalent to the entire rental Fee for each product. Termination by Renter: In addition to any other obligations set forth in this Agreement upon termination, if Renter terminates this Agreement in full for any reason, the Renter agrees: 1.1.1. To make all terminations requests in writing via email at info@imagictouchevents. 1.1.2. The Initial Payment identified in the Rental Invoice is non-refundable regardless of when the notice of termination is given; 1.1.3. If termination is made thirty (30) days or less from the Event Date, then Renter agrees to pay all Rental Fees from the Rental Items List in full within five (5) business days of providing the termination notice to Company; and 1.1.4. If termination is made fourteen (14) days or less from the Event Date, Renter agrees to make an additional payment equal to fifty percent (35%) of the Final Payment to Company within five (5) business days of providing the termination notice to Company. Use of Photos/Video: Renter agrees that Company may use any images from the Event for Company’s portfolio, advertising, website, blog and magazine submissions and any other means of promotion. Renter waives any right to payment, royalties or any other consideration for the use of the images. Renter waives the right to inspect or approve the finished product, including written or electronic copy, wherein Renter’s likeness appears. Company is hereby held harmless and released and forever discharged from all claims, demands, and causes of action which Renter, their heirs, representatives, executors, administrators, or any other persons acting on Renter’s behalf or on behalf of the Renter’s estates have or may have by reason of this authorization.

LIMITATION OF LIABILITY, INDEMNIFICATION Renter agrees that, to the fullest extent permitted by law, Company’s maximum total liability for any claims, breaches or damages by reason of any act or omission shall be limited to the amount of the Rental Fees actually paid by Renter. Renter agrees that, to the fullest extent permitted by law, Company is not liable for any claim for emotional distress, mental anguish, punitive damages, consequential damages, lost profit, loss of enjoyment, lost revenues, or replacement costs, whether or not foreseeable or arising from any negligent act or omission on the part of any person. Renter acknowledges that inherent risks and dangers accompany the use of vintage/antique furniture and other items. Renter expressly agrees to assume the risk of the use of the Rental Items, and agrees to release, indemnify, defend, and hold harmless Company and its employees, agents, and independent contractors for any injury, property damage, liability, claim, or other cause of action arising out of or related to Renter’s Event and the actions of Renter or Renter’s guests, including but not limited to injuries sustained by Renter or Renter’s Event guests while using the Rental Items. Renter acknowledges that these limitations reflect a fair allocation of risk and that Company would not enter into this Agreement without these limitations on its liability.

DISPUTE RESOLUTION Any dispute or claim arising under or in any way related to this Agreement, with the exception of recovery by Company of any unpaid Rental Fees, damage costs, or other payments from Renter (which may be recovered by Company via collections, small claims court action, or any other legal remedy available to Company), will be submitted to neutral, non-binding mediation prior to the commencement of arbitration or any other proceeding before a trier of fact. The parties to the dispute or claim agree to act in good faith to participate in mediation, and to identify a mutually acceptable mediator. All parties to the mediation shall share equally in its cost. If the dispute or claim is resolved successfully through the mediation, Company and Renter agree to document the resolution in a written agreement executed by both Company and Renter. If the mediation does not successfully resolve the dispute or claim, the mediator shall provide written notice to the parties reflecting the same. Following the unsuccessful resolution by mediation, any dispute or claim arising under or in any way related to this Agreement, with the exception of the recovery by Company of any unpaid Rental Fees, damage costs, or other payments from Renter, and any disputes within small claims court jurisdiction, will be submitted to binding arbitration. The parties agree to select a single arbitrator, and the arbitration shall take place in Los Angeles County. The arbitrator’s decision will be binding on the parties, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction. The prevailing party in any arbitration, trial, or other proceeding in connection with this Agreement is entitled to recover attorneys’ fees, filing fees, and related administrative costs from the non-prevailing party. NOTICE All notices, requests, claims, demands, and other communications between the parties must be in writing. All notices must be given (a) by delivery in person, (b) by a nationally recognized next day courier service, or (c) by first class, registered or certified mail, postage prepaid, to the address of the party specified in this Agreement or such other address as either party may specify in writing. Such notice is effective upon (a) the receipt by the party to which notice is given, or (b) on the third day following mailing, whichever occurs first. Notice may also be given by facsimile or electronic mail. Such notices are effective upon receipt of a written acknowledgement by the party to which notice is given. AMENDMENT: All signed agreements may be modified or amended if the amendment is made in writing and is signed by all parties. SEVERABILITY: If any provision of this Agreement is held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If an arbitrator or court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited.