01The agreement
These Terms & Conditions (the “Terms”) are a binding agreement between Events with Ellee, a business based in Santaquin, Utah (“Events with Ellee,” “we,” “us,” or “our”), and the person or organization that reserves, rents, collects, receives or pays for any rental item, service or product from us (“you,” “your,” or the “Renter”).
You accept these Terms when you do any of the following: tick the agreement box at checkout, submit a reservation, pay an invoice or deposit, sign a delivery or pickup receipt, or take possession of any rental item. If you are booking for someone else — a couple, a family member, an employer or an organization — you confirm you have authority to accept these Terms for them, and you are personally responsible under these Terms as well.
You must be at least 18 years old to rent from us.
02Definitions
- “Rental Items” means every backdrop, frame, panel, barrel, lantern, light, sign, easel, table, textile, floral piece, balloon installation, prop, and every other item we supply, including all hardware, stands, bases, cords, weights, bags and packaging that come with them.
- “Rental Period” means the time from when Rental Items are collected by you or delivered to your venue until they are returned to us or collected by us.
- “Event” means the occasion for which you rent, including setup and teardown time.
- “Guests” means every person present at or near the Event or the Rental Items, including your family, invitees, vendors, venue staff, children and members of the public.
- “Services” means delivery, setup, styling, installation (including balloon installations), teardown, design, printing and any other work we perform.
03Reservations & payment
- A reservation request through the website is not confirmed until we confirm availability in writing and receive payment of the amount stated on your invoice.
- Prices shown on the website are subject to change until your booking is confirmed. Once confirmed, your quoted price is fixed for that booking.
- Unless we agree otherwise in writing, the full rental fee, delivery and service charges, applicable Utah sales tax and the security deposit are due before the Rental Period begins.
- Delivery beyond thirty (30) miles of Santaquin is charged at the published per-mile rate. Additional charges apply for stairs, long carries, restricted access, after-hours work or waiting time caused by the venue or by you.
- You are responsible for obtaining any venue permission needed to use, hang, anchor or display the Rental Items, and for any venue fees, fines or cleaning charges arising from them.
04Security deposit
Every rental carries a refundable security deposit. It is held as security for your obligations under these Terms — it is not a cap on what you owe.
- If all Rental Items are returned on time, clean, complete and in the same condition as received (normal wear excepted), the deposit is released within three (3) business days of their return.
- We may deduct from the deposit any late fees, cleaning charges, repair costs, replacement costs and other amounts you owe under these Terms. We will give you an itemized list of any deduction.
- If the amount you owe is more than the deposit, you agree to pay the balance within fourteen (14) days of our invoice.
05Rental period, pickup, delivery & returns
- Rental Items must be collected and returned, or made available for our pickup, at the dates and times confirmed in your booking.
- Late returns are charged at the full daily rental rate for each day, or part of a day, that any item is late, until it is returned or reported lost.
- When you collect Rental Items yourself, you are responsible for transporting them safely in a suitable vehicle, properly secured, and for any damage in transit. We may refuse to load items into a vehicle we believe is unsuitable.
- When we deliver, you must ensure safe, clear, lawful access to the setup location and that someone is present to receive the items. If we cannot deliver or collect because of access problems or no one being present, additional trip charges apply.
- Return Rental Items in the same condition, packaging and bags in which they were received. Do not attempt to clean, repair, repaint or alter any item.
06Cancellations & changes
- More than 30 days before the Rental Period: full refund of rental and service fees.
- 14 to 30 days before: 50% of rental and service fees refunded.
- Less than 14 days before: rental and service fees are non-refundable.
- Security deposits are always refunded in full if the booking is cancelled before the Rental Period begins.
- Custom work already started — including invitations, printed items, hand-lettered signs, name banners and balloon orders in custom colors — is non-refundable once work has begun.
- Date changes are accommodated where the items are available, and are not treated as a cancellation if requested more than 14 days before the original date.
- If we must cancel for reasons within our control, you will receive a full refund of everything you paid. If severe weather, a venue closure or another event beyond anyone’s control prevents the Event, we will offer a credit toward a future date.
07Care, damage & loss
From the start of the Rental Period until the Rental Items are back in our possession, you are solely responsible for them, whoever caused any damage or loss — including you, your Guests, your vendors, the venue, weather, animals, theft or accident.
- You must pay the reasonable cost of repair for any damaged Rental Item, or its full current replacement cost if it cannot be repaired to our standard, is lost or is stolen.
- Items returned excessively dirty, wet, stained, waxed, taped, glued, pinned, nailed, painted, written on, or with residue from confetti, glitter, food or drink are subject to a cleaning charge.
- Normal wear from ordinary, careful use is expected and is never charged.
- Report any damage, loss or theft to us immediately and within twenty-four (24) hours. Report theft to the police and give us a copy of the report.
- We recommend that you or your venue carry event insurance that covers rented property and liability to Guests.
08Safe use of rental items
Decor items can be heavy, tall, sharp, breakable, flammable or a hazard if misused. You agree that you, and everyone at your Event, will use Rental Items only for their intended decorative purpose and only in a safe manner. In particular:
- Stability. Freestanding backdrops, frames, arches, panels, easels and signs must stand on level, firm ground, be fully assembled as supplied, and be weighted, braced or secured against wind and contact. Do not lean on, climb, sit on, hang from, or allow anyone to push or play near them. Never leave them standing outdoors in wind or storms.
- Heavy items. Whiskey barrels, backdrops and similar items are heavy. Lift them with enough people and correct technique. Do not stand on barrels or use them as seats or steps.
- Balloons. Uninflated and broken balloons are a choking and suffocation hazard to children under eight. Supervise children around balloon installations at all times and dispose of broken pieces immediately. Latex balloons may cause allergic reactions; you are responsible for telling Guests. Do not release balloons outdoors.
- Candles and flame. Only flameless candles may be used in or near Rental Items. Open flames of any kind are prohibited.
- Electrical items. Bistro lights and other electrical items must be used only with suitable, weather-rated outlets and extension cords, kept away from water, not overloaded, and routed so that no one can trip over them. Do not hang lights from anything that cannot safely bear the load.
- Glass and breakables. Lanterns, hurricanes, vessels and dispensers may be glass. Place them where they cannot be knocked over, and clear any breakage immediately.
- Children and animals. Keep children and pets supervised around all Rental Items at all times.
- Venue rules and law. Follow all venue rules, fire codes and applicable laws, including occupancy and exit-access requirements.
- Inspect every item before use. If anything appears damaged, unstable or unsafe, do not use it and contact us immediately.
09Assumption of risk
You understand that the setup, display, use, handling, transport and removal of Rental Items involves risks, including that an item may break, fall, tip, collapse, shatter, burst, catch fire, overheat or fail, and that people may trip over, collide with or be struck by items, cords, weights or debris. These risks can cause property damage, personal injury, illness or death.
You knowingly and voluntarily assume all of these risks, known and unknown, for yourself, your Guests, and everyone at your Event, from the moment the Rental Items leave our possession until they are returned to us.
10Release & waiver of liability
Please read carefully. This section gives up legal rights.
To the fullest extent permitted by law, you, on behalf of yourself and your heirs, successors, assigns and anyone claiming through you, release, waive, discharge and agree not to sue Events with Ellee and its owners, employees, contractors and agents (the “Released Parties”) for any and all claims, demands, losses, damages, costs and liability of any kind — including for property damage, personal injury, illness or death — arising out of or related to the Rental Items or the Event, including if a Rental Item breaks, falls, fails or is defective, and including claims arising from the ordinary negligence of the Released Parties.
You accept full responsibility and liability for any injury to any person and any damage to any property caused by, involving or related to the Rental Items during the Rental Period.
This release applies whether the Rental Items were set up by you, by your venue or vendors, or by us as part of a Service, once the setup is complete and you or your representative have accepted it (see section 12).
This release does not apply to the extent a loss is caused by our gross negligence or willful misconduct, or to any liability that cannot lawfully be waived.
11Indemnification
To the fullest extent permitted by law, you agree to defend, indemnify and hold harmless the Released Parties from and against any and all claims, lawsuits, demands, damages, judgments, settlements, fines, costs and expenses (including reasonable attorneys’ fees) brought by any person — including your Guests, any minor, the venue, and any third party — arising out of or related to:
- the delivery, setup, display, use, misuse, handling, transport, storage, failure or removal of the Rental Items during the Rental Period;
- any injury, illness, death, or property damage connected with the Rental Items or the Event;
- your breach of these Terms, or the acts or omissions of you or your Guests, vendors or venue; and
- any violation of venue rules, fire codes or law at your Event.
This obligation applies even if a claim alleges that a Rental Item was defective or that the Released Parties were negligent, except to the extent a loss is finally determined to have been caused by our gross negligence or willful misconduct.
12Setup & installation services
- When we deliver, set up, style or install (including balloon installations), we will do so with reasonable care based on the site conditions we are shown on the day.
- You are responsible for the suitability and safety of the venue and site, including the floor, ground, walls, ceilings and fixtures we are asked to use, and for telling us about any hazard, restriction or venue rule in advance.
- When our setup is complete, you or your representative should inspect it before any Guest arrives. Once setup is complete and we leave the site, responsibility for the Rental Items and for everyone’s safety around them passes to you, and sections 7 through 11 apply in full.
- You must not move, adjust, re-hang or relocate items we installed. If something needs changing, contact us.
- Balloon installations are perishable. Balloons deflate, oxidize, fade and may pop with heat, sun, cold or handling; this is not a defect. Outdoor balloon work is especially affected by sun and temperature.
- We may decline to install anything we believe would be unsafe, and may remove any installation that becomes unsafe.
13Invitations & custom work
- You are responsible for checking every proof, including names, dates, times, addresses, spelling and wording. Once you approve a proof, we are not responsible for errors in it.
- Colors on screen can differ from printed colors and from physical materials. Minor variation in paper, ink, wax, ribbon and handwork is part of the product and not a defect.
- Custom and printed items are non-refundable once printing or production begins. Turnaround times begin after proof approval.
- You confirm you have the right to use any photos, logos, text or artwork you send us, and you agree to indemnify us against any claim that they infringe someone else’s rights.
- Postage is your responsibility unless we agree otherwise in writing, and we are not responsible for delays or loss by postal services.
14Website & Design Your Space
- The Design Your Space tool, 3D models, sample rooms and all product images are for illustration and planning only. Actual sizes, colors, textures, proportions and appearance will differ. They are not a promise of how your Event will look, and are not a guarantee that any arrangement is safe or suitable for your venue.
- Availability shown on the website is a guide until we confirm your booking in writing.
- All website content, designs, photographs, lettering, layouts and 3D models belong to Events with Ellee or its licensors and may not be copied or used commercially without our written permission.
15Limitation of liability
To the fullest extent permitted by law, the Released Parties are not liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits, lost enjoyment, emotional distress, or the cost of replacement services, arising out of or related to these Terms, the Rental Items, the Services or the Event. In any case, our total liability for any claim is limited to the amount you paid us for the booking that gave rise to the claim.
Rental Items are provided “as is.” To the fullest extent permitted by law, we make no warranties, express or implied, including warranties of merchantability or fitness for a particular purpose, other than those expressly stated in these Terms.
If we are unable to supply a reserved item because it has been damaged, lost or is otherwise unavailable, our only responsibility is to provide a comparable substitute or refund the amount you paid for that item.
16Photography
We may photograph our setups before Guests arrive and use those photographs in our portfolio, website and social media. We do not intentionally photograph Guests. If you would prefer we did not photograph or share your setup, tell us in writing before your Event and we will honor it. If you share photos of our work publicly, we appreciate a credit to Events with Ellee.
17Governing law & disputes
- These Terms are governed by the laws of the State of Utah, without regard to its conflict-of-law rules.
- Before filing any claim, each party agrees to try in good faith to resolve the dispute by contacting the other in writing and allowing thirty (30) days to reach a resolution.
- Any lawsuit must be brought exclusively in the state or federal courts located in Utah County, Utah, and you consent to the personal jurisdiction of those courts. Either party may bring a qualifying claim in small claims court.
- If we must take action to recover amounts you owe or Rental Items you have not returned, you agree to pay our reasonable collection costs and attorneys’ fees.
18General
- Severability. If any part of these Terms is found unenforceable, it will be enforced to the maximum extent permissible, and the rest of the Terms remain in full effect. In particular, the release in section 10 and the indemnity in section 11 are intended to be as broad as the law allows.
- Entire agreement. These Terms, together with your written booking confirmation and invoice, are the entire agreement between us for your booking. If they conflict, your written booking confirmation controls on price, items and dates, and these Terms control on everything else.
- Changes. We may update these Terms from time to time. The version in effect when your booking is confirmed applies to that booking.
- No waiver. If we do not enforce a provision at any time, that does not waive our right to enforce it later.
- Assignment. You may not transfer your booking or these Terms to anyone else without our written consent.
- Survival. Sections 7 through 11, 15 and 17 continue to apply after the Rental Period ends.
19Contact
Questions about these Terms? Get in touch before you book and we will gladly explain anything.
Events with Ellee
Santaquin, Utah 84655
hello@elleeevents.com
(801) 555-0134