Terms of Service
Service
The Business shall provide Client with the service and items selected on booking form.
Cost, Fees and Payment
The Business will invoice a 50% NON-REFUNDABLE retainer required for booking, and the balance must be paid 15 to 3 days before event date.
Payments are accepted through Zelle and Card (3.5% processing fee upcharge for card payments). Check will also be accepted for large-format events.
A $100 fully-refundable damage deposit will be added to invoice and returned to Client up to 48 business hours after the event ends, provided all our items are free of damage, stains or missing.
Commercial value of damaged item will be charged to client.
The Client agrees to pay invoice(s) by the due date(s) specified. Unpaid or overdue invoices may result in suspension or termination of the Project.
Payment methods
Initial retainer fee and balance payments will be made to the Business via Card or Zelle.
Booking Process
To book a picnic experience, the Client must fill out the request form on the Booking Page with all the event details. The Business will respond in the next 24-48 business hours with a custom quote brochure confirming event date availability and a request for a 50% non-refundable initial retainer fee of selected package.
Event is only booked when retainer fee is paid. Filling out the request form does not mean you have booked the event. The balance must be fully paid prior to event date.
A $100 damage deposit fee will be added to the invoice, which is fully refundable once the Business confirms all items are in good condition after the picnic ends.
A transportation fee will be applied for locations farther than 10 miles outside of Edison, NJ 08817 along with other applicable fees such as: entrance tickets, etc. if there are any, at $1.75 per mile from 08817.
Licensing
The Business promises that it holds all licenses and insurance necessary to perform the work, that such licenses are valid and effective as of the date any work is performed or services provided, and that all work performed or services provided will be done in compliance with all applicable federal, state, or local laws and regulations.
Authority to sign
Each party has the authority to request to enter into a Contract and to perform all of its obligations under this Contract. The Client agrees to enter this agreement when approving the service quote and paying the initial retainer fee.
Termination of contract
The contract ends after the event duration selected on booking form on the day reserved for event unless an amendment to date of service is made due to re-scheduling.
The parties agree to maintain a kind and proper treatment and business relationship at all times. SUSPENSION OF SERVICE AND TERMINATION OF CONTRACT with no refund will enter in effect without notice due to offensive language, verbal abuse and physical assault received by the Business from the Client and their party. The Business and its representatives will show respect and kindness at all times towards the Client and all the guests at the event.
Cancellations up to 15 days before event date: we cannot make a refund of the retainer fee paid when service was booked, but we are able to re-schedule the service for a different date within the following 3 months after original date if you wish to set up another event.
Cancellations within 8 days before event date: we cannot make any refunds, and even though we are able to re-schedule the service for a different date within the following 3 months after original date, there might be a re-scheduling fee. (Depending on each case).
If the Business has to cancel the event for unforeseeable reasons, the Client will be refunded the total amount the Client has already paid by that point.
Cancellations/Re-Scheduling and No-shows
If Client desires to cancel Services, reschedule Services, or if it becomes impossible for the Business to render Services due to the fault of the Client or parties related to Client, such as failure of the event to occur or failure of one or more essential parties to the event to show up in a timely manner, Client shall provide notice to the Business as soon as possible via the Notice provisions detailed in this Agreement. The Business has no obligation to attempt to re-book
further Services to fill the void created by Client’s cancellation, rescheduling, no-show or if it becomes impossible for the Business to provide the Services due to the fault of Client (or parties related to Client), and the Business will not be obligated to refund any monies Client has previously paid towards the Total Cost. Client is not relieved of any payment obligations for cancelled Services, rescheduled Services, failing to show up for the event, or should it become
impossible for the Business to provide the services due to the fault of Client (or parties related to Client) unless the Parties otherwise agree in writing. For instance, if the Business is able to secure another, unrelated client for that picnic time slot, then the Business may choose, at its sole discretion, to excuse all (or a portion of) Client's outstanding balance of the Total Cost.
Business may also choose at its sole discretion to re-schedule the event within the following 3 months of cancelled event date in accordance with the Client, but no refund will be made for this purpose.
Impossibility
Force Majeure. Notwithstanding the above, either party may choose to be excused of any further performance obligations in the event of a disastrous occurrence outside the control of either
party, such as, but not limited to:
A natural disaster (fires, explosions, earthquakes, hurricane, flooding, storms or infestation); or
War, Invasion, Act of Foreign Enemies, Embargo, or other Hostility (whether declared or not); or
Any hazardous situation created outside the control of either party such as a riot, disorder,
nuclear leak or explosion, or act or threat of terrorism.
In case of inclement weather forecast (minimum of 40% chance of rain or other weather conditions) event WILL be rescheduled or moved indoors. The Business shall contact Client in a timely manner for Client to choose whether to move event indoors at a private location of their choosing or to reschedule it for another date within the next 3 months following original event date.
Failure to Perform Services. In the event the Business cannot or will not perform its obligations in any or all parts of this Agreement, it (or a responsible party) will: Immediately give Notice to Client via the Notice provisions detailed in this Agreement; and Issue a refund or credit based on a reasonably accurate percentage of Services rendered; and
Excuse Client of any further performance and/or payment obligations in this Agreement.
Intellectual Property
In the event that any copyrighted work(s) are created as a result of the Services provided by the Business in accordance with this Agreement, the Business owns all copyrights in any and all work(s) it creates or produces pursuant to federal copyright law (Title 17, Chapter 2, Section 201-
02 of the United States Code), whether registered or unregistered. Any and all products, whether tangible or intangible, produced or created in connection with, or in the process of fulfilling this Agreement, are expressly and solely owned by The Business and may be used in the reasonable course of the Business' business.
Permitted use(s) of products:
The Business grants to Client a non-exclusive license of product(s) produced with and for Client for personal use only so long as Client provides the Business with attribution each time Client uses the Business' property. Personal use includes, but is not limited to, use within the following contexts: In photos on Client’s personal social media pages or profiles; or in personal creations, such as a scrapbook or personal gift; or
In personal communications, such as a family newsletter or email or holiday card.
Artistic release
Style. Client has spent a satisfactory amount of time reviewing the Business' work and has a reasonable expectation that Business will perform the Services in a similar manner and style unless otherwise specified in this Agreement.
Consistency. Business will use reasonable efforts to ensure Client's desired Services are produced in a style and manner consistent with current portfolio and the Business will try to incorporate any reasonable suggestion made by Client. However, Client understands and agrees that: Every client is different, with different tastes, budgets, and needs;
The Business services are often a subjective art and the Business has a unique vision, with an ever-evolving style and technique; The Business will use its artistic judgment when providing Services for Client, which may not
include strict adherence to Client’s suggestions; Although the Business will use reasonable efforts to incorporate Client’s suggestions and desires
when providing Client with the Services, the Business shall have final say regarding the aesthetic judgment and artistic quality of the Services;
Dissatisfaction with the Business' aesthetic judgment or artistic ability are not valid reasons for termination of this Agreement or request of any monies returned.
Liability
Maximum Damages. Client agrees that the maximum amount of damages he or she is entitled to in any claim relating to this Agreement or Services provided in this Agreement are not to exceed the Total Cost of Services provided by Provider.
Loss of Product. In the event that any or all product(s) are lost, such as damage to or loss of a component of the product necessary for final delivery, Business shall refund Client a pro-rated portion of the Total Cost based on the amount of Services that were completed/provided against the amount of Services that were agreed to be completed/provided.
In the case that any or all pieces of furniture are damaged/lost, Client shall pay the Business the cost of the item according to commercial cost.
Indemnification. Client agrees to indemnify, defend and hold harmless the Business and its affiliates, employees, agents and independent contractors for any injury, property damage, liability, claim or other cause of action arising out of or related to Services and/or product(s) the Business provides to Client.
Setup Dispositions
Business will have the event setup ready at the time requested and will last for the total time agreed upon during booking process.
The client shall arrive at event location up to 15 minutes prior to booked start time, but if client needs to set up additional decor items by themselves, more time should be booked accordingly.
If there are other vendors of the party who will need access to the event setup made by the Business, they will be granted access 15 minutes before booked start time, and not before.
Setup shall be handed off IN PERSON to the Client, or another person appointed by the Client to be at location to receive setup.
A Business representative will arrive back at event at end time booked and will grant a 15-minute grace period to wait for guests to clear the space before starting break down process. If guests don't clear after the grace period, additional time will be charged and deducted from the damage deposit.
When event ends, setup shall be handed off to the Business IN PERSON. Setup must not be left unattended at any point during the event.
Rental dispositions
RESPONSIBILITY OF USE & DISCLAIMER OF WARRANTIES.
The Client is responsible for the use of the rented items. Event setup MUST BE RETURNED TO BUSINESS IN PERSON AT THE END OF EVENT TIME. IF CLIENT NEEDS TO LEAVE EVENT EARLY, PLEASE LET THE BUSINESS KNOW AND ALLOW APROX. 30 MINS FOR BUSINESS TO RETURN TO EVENT SITE. BUSINESS ITEMS/SETUP SHALL NOT BE LEFT UNATTENDED BY CLIENT AT ANY POINT. You assume all risks inherent to the operation and use of rented items, and agree to assume the entire responsibility for the defense of, and to pay, indemnify and hold the Business harmless from and hereby release the Business from, and all claims for damage to property or bodily injury (including death) resulting from the use, operation or possession of the items, whether or not it be claimed or found that such damage or injury resulted in whole or part from the Business’ negligence, from the defective condition of the items, or any other cause. YOU AGREE THAT NO WARRANTIES EXPRESSED OR IMPLIED, INCLUDING MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE HAVE BEEN MADE IN CONNECTION WITH THE EQUIPMENT RENTED.
EQUIPMENT FAILURE
Client agrees to immediately discontinue the use of rented items should it at any time become unsafe or in a state of disrepair, and will immediately (one hour or less) notify the Business of the facts. The Business agrees at our discretion to make the items operable within a reasonable time, or provide a like item if available, or make a like item available at another time, or adjust rental charges. The provision does not relieve renter from the obligations of the contract. In all events, the Business shall not be responsible for injury or damage resulting from failure or defect of rented items.
USE OF EQUIPMENT
Client agrees & covenants to be satisfied with the instruction and condition of equipment rented and of the proper and safe use of equipment, or that renter is so familiar and conveyed to the Business you were. Client further agrees that the items will be used only at the address listed on the contract, and only for the purpose for which it was intended and manufactured. Subleasing or improper use is prohibited. Client agrees they have read all instruction manuals, operating instructions and warnings related to rented items.
CLIENT UNDERSTANDS THEY ARE RESPONSIBLE FOR THE RENTED ITEMS/PRODUCTS DURING EVENT PERIOD AND SHALL BE CHARGED THE COMMERCIAL COST OF DAMAGED/LOST ITEM FROM THE DAMAGE DEPOSIT OR BY INVOICE. EVENT SETUP MUST BE RETURNED IN PERSON TO THE BUSINESS' MANAGER AT THE END OF AGREED EVENT PERIOD IN THE SAME CONDITIONS AS IT WAS DELIVERED
TIME OF RETURN
Client’s right of possession terminates upon the expiration of the picnic period set forth on
contract. Time is of the essence in this contract. Any extension must be agreed upon in writing.
All rented items shall be present at the agreed upon picnic location at expiration of picnic period.
General Provisions
Governing Law. The laws of New Jersey govern all matters arising out of or relating to this
Agreement, including torts.
Severability. If any portion of this Agreement is deemed to be illegal or unenforceable, the
remaining provisions of this Agreement remain in full force.
Notice.
Parties shall provide effective notice (“Notice”) to each other via either of the following methods of delivery at the date and time which the Notice is sent:
Email
Business' Email: blackbasketpicnics@gmail.com
Client Email: As provided in booking form
Text messages
Text messages to client's telephone number provided in booking form.
Merger. This Agreement constitutes the final, exclusive agreement between the parties relating
to the picnic and Services contained in this Agreement. All earlier and contemporaneous
negotiations and agreements between the parties on the matters contained in this Agreement
are expressly merged into and superseded by this Agreement.
Amendment. The parties may amend this Agreement only by the parties’ written consent via proper Notice.