TERMS & CONDITIONS: 1. BIRTHDAY PARTY BOOKINGS & 2. CORPORATE EVENTS
By engaging the services of Balloonaversal Entertainment (BE) for an event or child’s birthday party (“Event”), you (the Purchaser) acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions (T&Cs). You further acknowledge that BE will only attend, perform, and provide any associated services at the Event on the condition that these T&Cs are accepted. These T&Cs apply to all Events and to the provision of any other goods or services supplied by BE to the Purchaser. The Purchaser agrees that these T&Cs take precedence over any other representations, whether oral or written, to the contrary.
Amendments to Terms and Conditions.
BE reserves the right to update or amend these T&Cs from time to time. If any changes are made, BE will provide 28 days’ written notice of the revised terms. If you reasonably believe that the changes adversely affect your rights, you may terminate this agreement within 28 days of receiving written notice from BE.
1. T&Cs Relating to Kids Parties
Extra Children
a. Please note that the inclusion of extra children—such as siblings of party guests—may require additional time, which will incur a small supplementary fee. Specific options and associated costs will be discussed when we contact you to confirm your booking. Our aim is always to ensure the event runs smoothly and perfectly and that the children will have an enjoyable time. If the additional siblings of party guests are not within the budget, please discuss this with us so we can assist you in managing your party guests appropriately. Fun and enjoyment is everyone's priority.
b. However, please be aware that on some occasions, our team members may have a tight schedule and may not be able to accommodate additional children beyond the planned party.
Additional Party Time
Extra time is available in 15-minute increments. Typically, the addition of three to four extra children will require an extra 15 minutes of party time.
Booking Specific Team Members
While we appreciate requests for specific team members, we cannot guarantee their availability, even when booking weeks or months in advance. All team members are qualified, experienced, and personally approved by us to represent our company and its values, ensuring a high-quality experience for your event.
Poor Weather (Extreme Heat or Heavy Rain)
We aim to proceed with all events regardless of weather and will attend as scheduled. However, if you need to cancel, our Cancellation Policy applies (see below).
Pony Parties: In extreme heat, parties may need to be rescheduled if there is insufficient shade for children, ponies, and handlers. Adequate shade is essential. Fans and water sprayers for children are recommended.
Rain is generally manageable unless accompanied by high winds. Our ponies can walk under umbrellas to continue the party safely.
If a party is cancelled due to weather, the deposit is non-refundable. However, parties can be rescheduled without losing your deposit.
Severe Weather Warnings
In the event of Severe Weather Warnings issued by the Bureau of Meteorology or a Public Health Alarm, Balloonaversal reserves the right to cancel bookings for safety reasons, protecting your family, our team, and our animals. Deposits will not be refunded, but bookings can be rescheduled, and the deposit will be retained for the new date.
Party Issues
If there are any issues with your party, please submit a written complaint detailing the matter to info@balloonaversal.com.au
Cancellations
We realise that sometimes the best laid plans can go awry, but please understand from the time that you make your booking and pay your deposit, your date is held for you. We will not take another booking – we do not double book, your party is safe in our hands. All cancellations or location changes must be made by personal contact via phone.
Last Minute Cancellations/Venue Changes - If you cancel last minute or have to change the venue and we haven’t acknowledged by email – IT'S NOT CANCELLED OR AMENDED IN OUR SYSTEM, and your artist may not arrive and you will still be charged the full amount. Email or text messages will not be considered valid unless you receive a confirmed response. Failure to contact us properly will result in a full cancellation fee. See Canellation Policy.
Full Terms and Conditions relating to ALL events
1) DEPOSIT & PAYMENT TERMS
a. BE does not accept tentative bookings or holding of any BE Artist or Talent on a specific date. All confirmed bookings will require payment of a non-refundable deposit (Deposit), payable within 7 days of the Purchaser receiving an invoice from BE (Event Invoice). The Deposit acts as a security fee for the Event and is not refundable, but may be transferable under certain circumstances and soley at BE’s discression. A BE Artist or Talent is not considered booked or confirmed unless the Deposit has been paid by the Purchaser.
b. BE requires full payment of the Event Invoice to be made via electronic bank transfer or another payment method nominated by BE no later than four (4) days prior to the commencement of the Event. For Events booked within four (4) days of the scheduled start date, full payment is required at the time of booking to confirm the reservation. Please use the INVOICE NUMBER in the EFT description.
c. If full payment is not received at least 48 hours before the Event, BE reserves the right to cancel the Event until written proof of payment has been provided by the Purchaser. Such proof of payment must be expressly acknowledged and approved by BE (at its sole discretion) before BE is obligated to perform at the Event.
d. Please check over all the details to ensure we have dates, times, addresses and entertainment details correct. If anything is not right, contact BE administration straight away - 8669 1303. We want to ensure your event runs as smoothly as possible for you … and our artists. A fun, stress free event is the aim.
2) CANCELLATION POLICY & LIMITATION OF LIABILITY
a. Cancellations must be made in writing or by e-mail BE Administration. No other form of cancellation will be accepted. If the Purchaser cancels the Event less than 3 days prior to the Event, the cancellation fee is 100% of the Event Invoice, including the Deposit. Cancellation by the Purchaser more than 3 days prior to the Event will result in the complete loss of the Deposit. For the avoidance of doubt, all Deposits are non-refundable unless BE cancels the Event or the parties agree in writing otherwise.
b. Any LAST MINUTE cancellations or location changes MUST be made by personal contact to BE administration where we can acknowledge the change. Email or Text message contact unless you receive a response WILL NOT be deemed as contacting us and will result in you incurring a full cancellation fee.
c. Rescheduling for Events cancelled due to inclement weather or death or illness of the Purchaser shall be accommodated wherever possible, however BE is under no obligation to the Purchaser to reschedule any Event. Rescheduled Events are subject to availability and will result in the loss of the Deposit.
d. If for any reason the BE Artist or Talent is not able to perform at the Event due to illness, injury, accident, personal or otherwise unforeseen circumstances, all reasonable efforts will be made by BE to source a replacement BE Artist or Talent of a similar calibre and cost to the Purchaser.
e. If a replacement option offered by BE (as indicated by clause 2c) and approved by the Purchaser costs a lower rate than the BE Artist or Talent previously booked for the Event, a partial refund may be offered by BE to the Purchaser for the cost difference between the initial BE Artist or Talent and the replacement. This is at the discretion of BE, and BE is under no obligation to provide a partial refund in this circumstance.
3) BUMP IN / SET UP
a. The standard bump-in time for BE Artists at any Event is 15-20 minutes prior to the Event start time and 30-45 minutes for BE pony ride service. Bump-in time is used by BE and BE Artists or Talent to unload and set-up equipment, or prepare ponies.
b. If the BE Artist or Talent is required to be set up earlier than the standard bump-in times, an additional early set-up cost will be incurred, which will be added to the Event Invoice.
4) OVERTIME
a. A Purchaser’s request to extend the previously agreed Event duration made within 48 hours prior to the Event may be accommodated at the sole discretion BE. Any approved extension to the scheduled Event time shall be referred to as “Overtime.”
b. Overtime will be charged the BE Artist’s hourly rate. The hourly rate is calculated by dividing the total fee paid by the Purchaser by the number of hours originally booked for the performance. (For example, if $500 is paid for 4 hours, the hourly rate is $125. Payment for Overtime will be invoiced to the Purchaser after the Event (Overtime Invoice) and is due not less than seven (7) days after the Overtime Invoice is received by the Purchaser.
c. BE requests that, where there is a possibility a Purchaser may wish to extend their booking for additional time (“Overtime”), they notify BE Administration at least 48 hours prior to the event. This allows BE to confirm the availability of the booked Artist or Talent to continue beyond the scheduled event time and helps avoid any potential disappointment.
d. Whilst all efforts will be made to accommodate an Overtime request, BE reserves all rights to reject an Overtime request by the Purchaser for any reason whatsoever.
5) PARKING
a. The Purchaser must ensure that a suitable parking area is available for the loading and unloading of equipment belonging to BE and any BE Artist or Talent at the event venue. The Purchaser is also responsible for ensuring adequate and direct access to the venue for both bump-in and pack-down. Any parking fees of $15 or more incurred by BE, its Artists, or Talent will be invoiced to the Purchaser. Parking fees under $15 will be absorbed by BE at no additional cost to the Purchaser.
b. Any parking-related invoices issued by BE to the Purchaser must be paid within seven (7) days of the invoice date.
c. Horsefloat parking. A space of at least 4 car lengths must be reserved out the front of the venue in in the venue car park. For events longer than 3 hours, the Purchaser must ensure the horse float and vehicle on site parking to enable quick and easy access for hay, water and staff equipment.
6) OUTDOOR EVENTS
a. The Purchaser shall be liable for any injury or damage to the BE Artist or Talent or BE property or BE Artist/Talent’s property whilst bumping-in, attending, or packing-down the Event (unless such damage or injury is contributed to or caused by BE, the BE Artist or Talent in which case liability of the Purchaser shall be reduced to the extent of the contribution or causation by BE, the BE Artist or Talent).
b. BE will use its reasonable endeavours to continue an Event during an inclement weather event. If the Event is located outdoors or partially outdoors, BE and the BE Artist or Talent fully reserve the right to stop or cancel the performance if, in BE’s sole opinion, the weather poses a potential danger to the BE Artist or Talent or its or BE’s equipment.
c. For all outdoor performances, the Purchaser shall, at its own cost, provide or cause to be provided a marquee or overhead shelter to adequately cover and protect all BE, BE Artist’s or Talent’s equipment. BE reserves the right to cancel the Event where the protective cover provided by the Purchaser is not, in BE’s sole opinion, adequate.
d. Pony Rides. The Purchaser shall ensure a safe and quite location for the pony rides to be conducted, meaning the pony ride area is not placed near stages, jumping castles or noisy amusement rides.
7) PRICE VARIATIONS & ADDITIONAL ADMINISTRATION FEES
a. While every effort is made to maintain quoted prices, invoices may be subject to adjustment without prior notice in the event of additional requests by the Purchaser, specific event requirements, or unforeseen circumstances.
This may include, but is not limited to, costs associated with paid parking, venue induction fees, early or difficult bump-in access, or additional time requirements.
b. If the Purchaser elects to reduce the duration of the booking from that stated on the Event Invoice, BE is under no obligation to reduce the invoiced amount.
For the avoidance of doubt, the full amount stated on the Event Invoice remains payable in all circumstances.
c. Administration Fees will be charged for:
- Company/event inductions, payment portal set ups, other lengthy administrative requirements. $45 - $85. $25 for a less than 5 min set up.
- Regular uploading of documents, invoices or other files to payment portals in order to receive payment – 1.5% of invoiced amount. Plus additional fees to cover any merchant fees charged to BE to use payment portals to receive payment for services.
8) CONDUCT
a. BE maintains a strict zero-tolerance policy toward any violent, aggressive, or abusive behaviour by any person at a venue where BE is engaged to perform an Event. If at any time a BE representative, Artist, or Talent believes that their personal safety or the safety of BE’s equipment is at risk, BE (or the BE Artist or Talent) reserves the right to immediately terminate the Event. In such circumstances, no refund will be issued, and the Event Invoice will be forfeited in full.
b. By agreeing to these Terms and Conditions, the Purchaser warrants that they are responsible to BE and any BE Artist or Talent for any harm, loss, or damage caused to a BE representative, Artist, Talent, or any BE-owned or Artist/Talent-owned equipment by any person present at the Event venue, whether a guest or otherwise.
c. In the event that any equipment belonging to BE or its Artists or Talent is damaged during the Event, and it is deemed—acting reasonably—that such damage was caused directly or indirectly by the actions, negligence, or misconduct of a guest or the Purchaser (including but not limited to intoxication, tripping or falling, physical interference with equipment), the Purchaser shall be held financially liable for the full cost of repair or replacement of the affected equipment.
For the avoidance of doubt, “equipment” includes but is not limited to: laptops, mobile phones, face paints, face painting tables, chairs, balloon pumps, saddlery, mounting blocks, riding helments and any other personal or professional property reasonably required by the BE Artist or Talent in the performance of their services.
BE will provide the Purchaser with a formal invoice supported by appropriate evidence (including but not limited to repair quotes, receipts, or assessments) as soon as practicable following the Event. Full reimbursement of the invoiced amount must be made by the Purchaser within fourteen (14) days of receipt of the invoice.
9) PRIVACY
a. The Purchaser hereby authorises BE to collect, retain, use and disclose consumer and/or commercial information about the Purchaser in accordance with the Privacy Act 1988 (and its subsequent amendments) to persons or legal entities who are a solicitor or any other professional consultant engaged by BE, debt collectors, credit reporting agencies or any other individuals or organisations which maintains credit references or default listings.
10) FORCE MAJEURE
a. BE is not responsible for any failure to perform any obligation under these T&Cs if its performance becomes impossible due to a Force Majeure Event. In such circumstances, BE will be under no obligation to refund the Deposit or Event Invoice.
11) SITES
- The Purchaser authorises BE and its representative to enter Your Site for the purposes of this Agreement.
- The Purchaser warrants that each of Your Sites is a safe workplace and free of harmful material, asbestos and transmissible diseases.
- The Purchaser will take all reasonable steps to ensure Your Sites are free from risks.
- The Purchaser will obtain all necessary licences, permissions and consents which may be required for the Services before the date on which the Services are to start.
- The Purchaser will comply with all applicable workplace health and safety laws.
- The Purchaser releases and indemnifies BE from and against any liability arising out of, or in connection with, a breach of this clause.
12) INTELLECTUAL PROPERTY
BE retains all rights, title and interest subsisting in any design(s), documentation, diagrams or plans and other information and materials (“BE Materials”) supplied to the Purchaser for the purposes of carrying out any services under this Agreement.
13) GST
a. Where a supply under these terms and conditions is or becomes subject to a GST, an amount equal to the GST paid or payable in respect of that supply shall be added to the amount exclusive of GST paid or payable for that supply under these terms and conditions.
b. Each party agrees to do all things, including providing invoices and other documentation, that may be necessary or desirable to enable or assist the other party to claim any credit, set-off, rebate or refund in relation to any amount of GST paid or payable in respect of any supply under these terms and conditions.
c. In this clause GST has the meaning it has in “A New Tax System (Goods and Services Tax) Act 1999 (Cth).”
14) TERMINATION
a. Either party may terminate a supply if:
(i) the other party commits a material or persistent breach of its obligations under this Agreement and, in the case of a breach capable of remedy, fails to rectify the breach within 14 days of receiving written notice specifying the breach and requiring its remedy (or within such other reasonable period as may be appropriate in the circumstances); or
(ii) either party has reasonable grounds to believe that the other is, or is about to become, insolvent, or where an individual becomes bankrupt or enters into a scheme of arrangement with creditors.
b. BE may terminate this Agreement, or a proposal, immediately if, in its absolute discretion, the provision of the Goods or Services at any of Your Sites poses a risk to any of BE’s personnel.
c. Termination under this clause must be effected by written notice served on the other party. Termination under this clause shall be without prejudice to any rights that may have accrued for either of the parties before termination and all sums due under this Agreement shall become payable in full when termination takes effect.
d. If the Purchaser wish to terminate or cancel a supply of Services prior to the expiry of the minimum term, the Purchaser will be required to pay the remaining payments up to the end of the minimum term.
e. BE may suspend provision of Services immediately and for such period as BE considers appropriate if any monies owing to BE are due and unpaid.
15) LIABILITY
a. This Agreement shall be subject to any rights conferred upon BE and the Purchaser by the Competition and Consumer Act 2010 or similar legislation which cannot by agreement or otherwise be excluded, restricted or modified. Where any warranty or condition cannot be excluded then liability shall be limited to, at the election of BE, repair or replacement in the case of Goods, or supplying the Services again or the payment of the cost of resupplying the Services in breach of such warranty or condition.
b. BE will not be liable to the Purchaser for:
(i) Any loss or damage sustained to any person or to any property howsoever caused, arising out of or in connection with this Agreement, a health pandemic, or a Force Majeure Event;
(ii) any indirect, consequential, special or economic loss, cost or liability; or
(iii) any loss or damage suffered by You except if such loss or damage is caused by the sole negligence of BE or its employees.
c. Notwithstanding any other provision of this Agreement, liability of BE whether in contract, tort (including negligence), in equity, under statute, or under an indemnity, or otherwise will be limited to a maximum amount equal to the annual contract value of this Agreement, in respect of the aggregate of all claims arising out of or in relation to any one event or series of events.
d. The Purchaser shall notify BE in writing of any claim within one (1) month from the occurrence of any event that gives rise to a claim under this Agreement. If no such notice is given the Purchaser will be deemed to have waived and abandoned completely any such claim, which shall not be allowable or admitted after the expiration of such period. Time shall be of the essence in this clause.
e. The Purchaser shall keep BE indemnified at all times against any loss arising from claims made against BE by any party with respect to any theft, loss, damage, destruction, health pandemic, death or injury arising out of or in connection with the provision or failure to provide the Services except in the case of negligence on the part of BE, its employees or agents.
16) MISCELLANEOUS
a. Laws of Victoria: The T&Cs are governed by and interpreted in accordance with the laws of the State of Victoria, Australia. The Purchaser irrevocably submits to the non-exclusive jurisdiction of the Courts of the State of Victoria, Australia. If any provision of the T&Cs is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of this agreement, which will continue in full force and effect.
b. Severance: If any part of these terms are found to be void, invalid, unlawful or unenforceable then that provision or part will be deemed to be severed from these terms and the remaining terms and provisions of these terms will remain in force and constitute a binding agreement between the Purchaser and BE.
c. No set off: The Purchaser may not set off any amounts owing to BE under this Agreement from any amounts you claim BE owes you.
d. No assignment: The Purchaser shall not assign any of your interest in this Agreement without the prior written consent of BE, which shall not be unreasonably withheld by BE. BE may at any time assign, sub-contract or licence any part of its rights and obligations under this Agreement.
e. Further Action: Each party must do, at its own expense, everything reasonably necessary (including executing documents) to give full effect to this Agreement and any transaction contemplated by it.
DEFINITIONS
- Force Majeure Event means an event beyond the reasonable control of BE, including but not limited to, acts of God, natural disasters, extreme weather conditions, storms, lightning strikes, fires, floods, health pandemics, epidemics, or similar public health emergencies, acts of war or terrorism, riots, civil disturbances, explosions, national emergencies, government interference, strikes, labour disputes, significant or sustained disruption to power services, embargoes, mechanical breakdowns, road closures, peak hour traffic, delays at other customers’ premises.
- Goods mean any goods supplied by BE to the Purchaser under this agreement.
- Services mean any services provided by BE to you under this Agreement, including but not limited to the supply of Balloon Artists, Face Painters, Roving Performances, Photography, Photo Booths, Bubble Artists, Magicians, Ponies for Pony Rides and Pony Grooming, Jumping Castles and any additional services as required from time to time during the term of this Agreement.
- Your Sites means the Purchaser’s premises, or premises the Purchaser request BE artists to attend.
WEBSITE TERMS AND CONDITIONS
The following Terms and Conditions govern your use of www.balloonaversal.com.au. Please read them carefully. If you have any questions regarding these Terms and Conditions or the use of our Website, please contact us at info @ balloonaversal. com. au
By accessing or using this Website, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions, as well as our Privacy Policy. If you do not agree with any part of these terms, you must discontinue use of the Website immediately.
You agree to use the Website only for lawful purposes and in accordance with all applicable laws and regulations.
You must not use the Website in any manner that could impair its performance, corrupt or manipulate its content, or otherwise interfere with its normal operation.
You also agree not to compromise the security of the Website, attempt to gain unauthorized access to any restricted areas, or attempt to obtain any confidential information that may be stored on the Website or its hosting server.
You agree to be fully responsible for any claim, expense, losses, liability, costs including legal fees incurred by us arising from any infringement of the terms and conditions in this agreement and to which you will have agreed if you continue to use the website.
All content on this Website—including but not limited to text, images, graphics, logos, and other materials—is the property of www.balloonaversal.com.au, unless otherwise stated. Reproduction or distribution of any content, in whole or in part, whether online or offline, is strictly prohibited without prior written consent.
Disclaimer
Though we strive to be completely accurate in the information that is presented on our site, and attempt to keep it as up to date as possible, in some cases, some of the information you find on the website may be slightly outdated. www.balloonaversal.com.au reserves the right to make any modifications or corrections to the information you find on the website at any time without notice.
Change to the Terms and Conditions of Use
We reserve the right to make changes and to revise the above mentioned Terms and Conditions of use.