Refund policy

We are so pleased you have decided to use our event decorating services - please
read the following important terms and conditions before you commit to using our
services.

This contract sets out your legal rights and responsibilities;
my legal rights and responsibilities; and certain key information required by law.
The intention is that this contract will bring clarity to our commercial relationship and
protect both of us. Please let me know if there are any clauses that you do not
understand or that contradict your understanding of our services.
In this contract:

‘We’, ‘us’ or ‘our’ means K Kustoms Parties & Paint; and
‘You’ or ‘your’ means the person buying our services who is the lead name on our
invoice. In the case of a wedding this must be the bride and/or groom, and our
contract is with that person (although a third party may make payment on your
behalf).
If you would like to speak to us about any aspect of this contract, please contact us
by e-mail at kiairap@kkustomspartiespaint.com or by telephone at 269-888-1710

EQUIPMENT

(1.) The rental equipment has been received in good working condition, and will be returned in the
same condition, ordinary wear and tear accepted.
(2.) Customer assumes all responsibility for injuries to persons or damages to property, and agrees to
hold Lessor harmless for any and all claims, of whatsoever nature, arising out of use of the rental
equipment while in his custody.
(3.) Customer agrees to Lessor’s rights to enter premises of customer at any time to repossess said
equipment. Customer hereby waives any rights of action against owner by reason of such taking
or entry and agrees to reimburse Lessor’s cost of repossession if any.
(4.) Customer agrees to reimburse Lessor for all attorney fees, an amount not less than 25% of all
sums due, court cost and expenses incurred by Lessor to enforce collection or to preserve or
enforce Lessor’s rights under this contract.
(5.) Customer agrees not to loan, sublet or otherwise dispose of equipment or use it at any other
location than listed on the face of the contract.

PAYMENT
a. Customer agrees to pay Lessor upon demand:
1) All rates, charges, taxes, fuel, delivery, pickup and reservation cancellation fees and all other amounts incurred as a result of this rental transaction.
2) Replacement cost for any loss or disappearance of equipment due to theft, conversion or other dishonest acts on part of any person or persons to whom the issued property is entrusted or any person or persons in the service or employment of the lessee weather or not occurring during the hours of such service or employment. Lessor reserves the right to consider the property lost, stolen or converted if not returned within THREE DAYS of the date and time printed under the “TIME AND DATE DUE IN” column on the contract. b. Credit Card—Customer authorizes that Lessor may bill customer’s credit card at time of reservation or upon receipt of the rented item(s) or upon the return of the item(s).
c. Payment guarantee—If I have directed Lessor and Lessor has agreed to bill changes to someone else who fails to make payment promptly when due, Customer represents that he is authorized to give Lessor such direction. Customer understands that he remains individually responsible for all charges even if Customer directed Lessor to bill another person.
d. Final audit—CUSTOMER UNDERSTANDS THAT ALL CHARGES ARE SUBJECT TO
FINAL
AUDIT. Customer authorizes any credits or additional charges to be made and paid by the method
used at the time of the reservation, rental or return.
(7.) Customer agrees to pay in full replacement cost, including labor, for all damages to rental
equipment due to any cause whatsoever.

(8.) THERE ARE NO WARRANTIES OF MERCHANTABILITY OR FITNESS EITHER
EXPRESSED OR IMPLIED WHICH EXTEND BEYOND THE DESCRIPTION ON THE FACE
HEREOF.
(9.) RENTAL FEES ARE FOR PORTAL TO PORTAL TIME OUT, NOT TIME USED, INCLUDING ANY PERIOD LESSOR IS CLOSED. OVERDUE RATES FOR EQUIPMENT RENTALS ARE COMPUTED @ 1/6 THE DAILY RATE FOR EACH HOUR OVER A DAY (24 HOURS). A ONE DAY RENTAL RATE FOR EQUIPMENT WITH RUN TIME HOUR METERS CONSISTS OF 8 HOURS USE WITHIN A 24 HOUR PERIOD. IF RUN MORE THAN 8 HOURS IN A 24 HOUR PERIOD AN ADDITIONAL PRO-RATA CHARGE WILL BE MADE.

USED PRODUCT SALES CONTRACT- TERMS AND CONDITIONS

Lessor hereby sells as used product(s) to the purchaser, identified by his signature on the reverse side of this contact, the product(s) described on the reverse page of this contract subject to all terms and
conditions.

“AS IS” SALE- WARRANTY DISCLAIMER

The buyer hereby acknowledges that the product(s) described on the contract, hereof which is the subject
of this sale is a “used product” and is being sold on an “AS IS” and ”WITH ALL FAULTS” basis.
The lessor as the seller, makes NO expressed warranties of MERCHANTABILITY OR FITNESS FOR
A PARTICULAR PURPOSE and THE LESSOR does NOT make any implied warranties OF
MERCHANTABILITY or FITNESS FOR PARTICULAR PURPOSE or any other warranties unless The Lessor has so provided in writing is signed by an authorized representative of The Lessor. The buyer further understands that the entire risk as to the quality and performance of the product(s) purchased is with the buyer and that should the goods prove defective following this purchase, the buyer and not The Lessor will assume the entire cost of all necessary servicing or repairs. Furthermore, the buyer agrees to defend, indemnify and hold The Lessor harmless from all claims or liabilities, whether
such claims or liabilities concern loss or property (real or personal) or injury to person, at all times following the execution of this contract. The buyer agrees to pay all court cost and reasonable attorney fees and any other expenses as part of its obligation to defend, indemnify and hold harmless The Lessor from all liabilities, claims, losses, and damages which may be asserted against The Lessor by any persons,
partnerships, corporations or other entities under this contract or concerning the product(s) sold.

DEPOSITS/REFUNDS

ALL DEPOSITS MUST BE PAID AT TIME OF BOOKING TO RESERVE EVENT TIME,
APPOINTMENT OR DUE DATE. DEPOSITS ARE NON-REFUNDABLE IF THE ORDER HAS BEEN STARTED, IF MATERIALS HAVE BEEN PURCHASED, OR IF DUE DATE IS WITHIN 7 DAYS. IN THE CASE OF EVENT CANCELLATION, PLEASE CONTACT US IMMEDIATELY TO CANCEL YOUR ORDER OR RESERVATION. IF MATERIALS ARE PURCHASED AND REMAIN REFUNDABLE TO THE DECORATOR, YOU MAY BE ELIGIBLE FOR A PARTIAL REFUND. K KUSTOMS PARTIES & PAINT WILL NOT ASSUME RESPONSIBILITY FOR EVENT
CANCELLATIONS FOR ANY REASON. REFUND POLICY WILL REMAIN IN EFFECT.

PAYMENT

3.1 Deposit payment to secure booking: A non-refundable 50% deposit or minimum
will be taken to process and secure your booking with us.
3.2 Payment Options: Your booking is guaranteed as soon as we receive your
deposit payment. After you book your event with us, the remaining balance of the
total fee for our services is required within 3 days of your event or unless an agreed
payment plan is initiated.
If your event is less than 3 days from the date of your booking our services, we shall
make a special arrangement with you for your payment options.
We reserve the right to cancel your booking if payment plans are not adhered to. In
such circumstances, all monies paid by you up to that point will not be refunded in theevent that we are not able to obtain another booking for the date of your event.
3.3 All monies paid by you are completely non-refundable in the event you cancel
your booking (or we cancel your booking due to the breach by you of this contract)
and we are unable to obtain refunds from materials or time spent.
3.4 Balance payment: The full balance for our services is due 3 days prior to your
event date and an invoice will be sent to you in advance of this date. If payment is not
received by this time, and there is no response or communication from you, we will
assume our services are no longer required and reserve the right to offer your date to
another client.
3.5 Amendments: Once your initial invoice has been sent, you can make changes up
to one week prior to your event date. We allow reductions to the products and
services we are to provide to you of up to 10% of your overall invoice value.
3.6 Cancellations and change of event date: Bookings are transferable by you to
another date within 10 days of the original booking (subject to our availability).
For any bookings postponed, please note that prices quoted for the original date are
subject to change and a new quote/invoice may need to be reissued.
We reserve the right to cancel your booking in the following circumstances:
If the venue is closed on the day of your event due to circumstances beyond our
control.
In the event of exceptional circumstances that may jeopardise the safety of our staff
such as terrorism, a crime incident, or forces of nature such as earthquakes, flooding
or extreme bad weather conditions like snow or ice.
3.8 Accepted payments: Payments can only be accepted via website booking, square
invoice, or ApplePay upon agreement.
4. PHOTOGRAPHS
You hereby give us your permission to arrange for images/video footage to be
taken of our work and these images may be used for our portfolio, website and any
marketing materials/collateral. Photos and video footage taken by us of our work
remain our property. Our photos are not to be reproduced, copied or edited in any
way by you or any third party without our prior permission via email to do so.
5 SET UP
5.1 Required setting up time: We typically require a minimum period of 1.5-3 hours to
set up décor at the venue. This is an estimate and may be more or less, depending
on the nature of the décor and the number of guests. The exact time required will be
confirmed during your consultation.
5.2 Outdoor conditions: We cannot accept responsibility for any of our items that are
used outside should they be damaged, soiled or affected by weather conditions after
we have left them e.g. aisle runners becoming extremely wet, soiled or broken.
6. DELIVERY AND COLLECTION
6.1 We will make every effort when delivering the décor items and/or furniture to park
our vehicle/s without contravening parking restrictions. If the arrangements at the
venue where we are required to deliver falls outside this category (i.e. red routes,
double yellow lines, resident’s parking, etc) and a penalty charge is incurred, this will
be passed on to you.
6.2 Delivery and collection charges only cover step free access. Venues with no step
free access may incur additional costs.
6.3 Delivery and collection charges are inclusive of congestion or toll charges. These
are included in the cost of delivery and collection if it falls within the applicable times.

7 STOCK DAMAGE
7.1 In the event of severe damage or loss of hired goods, we reserve the right to
charge you for the full replacement value. Substitute items will not be accepted.
8. CONFIDENTIALITY AND PERSONAL DATA
8.1 Your booking, event date, contact details (address, phone, email), & bank details
will be treated with complete confidentiality. We will not speak with any media
representative or release any information unless you give us consent to do so.
8.2 We shall use the personal information you give to us to:
8.2.1 provide the services;
8.2.2 process your payment for the services; and
8.2.3 inform you about any similar products and services that we provide (though you
may stop receiving this information at any time by contacting us).
8.3 We shall not give your personal information to any third party unless you agree
to it.
9. LIMIT ON OUR RESPONSIBILITY TO YOU
9.1 Except for any legal responsibility that we cannot exclude in law (such as for
death or personal injury), we are not legally responsible for any:
9.1.1 losses unless they were:
- foreseeable to you and us when the contract was formed; and
- were caused by a breach of these terms on our part;
9.1.2 business losses, including loss of business, loss of profits, loss of management
time and loss of business opportunity.
9.2 Our total liability to you is limited to the amount of fees, if any, paid by you for the
services.
10. EVENTS BEYOND OUR REASONABLE CONTROL
We shall not be in breach of this agreement nor liable for delay in performing, or
failure to perform, any of our obligations under this agreement if such delay or failure
result from events, circumstances or causes beyond our reasonable control. In such
circumstances we shall be entitled to a reasonable extension of the time for
performing our obligations.
11. COMPLAINTS AND DISPUTES
11.1 We fully anticipate that you will be delighted with our services, but if you have
any complaints, in the first instance you should raise them with us in writing via email
to kiairap@kkustomspartiespaint.com within 3 days of the date of the event in order
for our complaints procedure to be processed. We shall try to resolve any disputes
with you quickly and efficiently.
11.2 If we cannot resolve a dispute using our internal complaint handling procedure
and either of us want to take court proceedings, the relevant Michigan courts will
have exclusive jurisdiction in relation to this contract and the laws of Michigan will
apply to this contract.
11.3 In the event of a dispute between us, you and we agree not to engage in any
conduct or communications, including on social media, designed to disparage either
party or our products and services.