Terms & Conditions
The items on this Quote are an estimate based on limited information given by the client for a specific event. Changes and/or additions may need to occur once details are established. If you have not contacted Fun Productions within 7 days after receiving the Quote, items may be released and prices are not guaranteed. The availability of goods & services are pending and can only be guaranteed after the signed contract and reservation fee payment have been received.
This Event Agreement (hereinafter, “Agreement”) is made and entered into by and between the Customer listed in Client Section (hereinafter, “Customer”) and Fun Productions, Inc., (hereinafter, “Fun Productions”). Customer understands that it is Customer’s responsibility to review, read, and understand this Agreement. Fun Productions will not be responsible for incorrect or omitted dates, times, rental equipment and/or other services on this Agreement and the included “Invoice”.
- Rental Equipment. Customer wishes to contract the rental equipment, entertainers, and/or other services from Fun Productions as detailed on the attached quote. Hereinafter, (“Rental Equipment”).
- Event Date. Customer wishes to use the Rental Equipment & Services of Fun Productions on the dates and times designated on the quote. Hereinafter, (“Event Date”).
- Event Location. Customer agrees and acknowledges that the Rental Equipment is being contracted for use solely at the Venue/Location address designated on the Quote. Hereinafter, (“Event Location”). Further, Customer agrees and acknowledges that the Rental Equipment will not be removed from the Event Location without the consent of Fun Productions.
- Ownership. Customer agrees and acknowledges that Customer has full authority from the Event Location’s owner to use the Rental Equipment at the Event Location.
- Cost. The cost for the Rental Equipment is stated on the Quote (hereinafter, “Contract Cost”).
- Sales Tax. Customer agrees to pay any and all taxes, including but not limited to sales tax or use tax, that may arise out of this Agreement. If Customer is a non-profit organization, sales taxes may be waived upon receipt of the tax exempt certificate/license.
- Reservation Fee. Unless indicated otherwise, a non-refundable reservation fee of 50% of the total cost is due at the signing of this Agreement to reserve the Rental Equipment for the Event Date. This reservation fee may be paid by check which may be mailed to 1430 Dallas St. Aurora, CO 80010 or by credit card. Customer agrees and acknowledges that this reservation fee reserves the Rental Equipment for the Event Date and is NON-REFUNDABLE if this Agreement is terminated for any reason and that additional charges may apply for if this Agreement is cancelled pursuant to the terms of this Agreement. It is further agreed that the remaining balance will be paid in full upon delivery of the Rental Equipment and services to Customer.
- Non-Refundable Costs. If stated on the Invoice, Fun Productions will provide certain services for Customer that are non-refundable and must be paid in full in the event that this Agreement is cancelled or modified, including modification to the Event Date due to weather, illness, force majeure, government restrictions, etc. These services include costs for entertainers, catering, staffing, permits, supplies ordered and other costs. If a balance is due for any Non-Refundable Costs on this Agreement following the cancellation or modification of the Agreement, that balance must be paid within ten days following the cancellation or modification date.
- Interest. Customer agrees and acknowledges that payment in full is required at the time of delivery of the Rental Equipment. Any amounts due for additional rental fees, cleaning costs, overtime, or other expenses will be billed monthly and payment is due within ten days from the Event Date. Customer agrees and acknowledges that any balance due after the ten days may bear interest at the rate of 20% per annum or the highest amount allowed by law, whichever is higher.
- Rush Charge. There will be additional fees applied to the Invoice for events that are contracted later than 7-10 business days from Event Date.
- Change Fees. Additional fees will be applied to the Invoice if Customer has changes made anytime within 7-10 business days prior to the Event Date. Those changes include, but are not limited to, changes to artwork, times, dates, location, type of rentals, costumes, entertainment and/or services.
- Access of Event Location. Unless otherwise stated in this Agreement, Fun Productions must have access to the Event Location, including access to the electrical source at the Event Location, at least 1-5 hours prior to the event to ensure the setup can be completed prior to the event starting. If Fun Productions is not given access to the Event Location and/or the electrical source at this time, Fun Productions does not guarantee the Rental Equipment will be set-up on time and payment in full will still be required.
- Acceptance of Equipment. Customer agrees and acknowledges that the full Contract Cost will be due upon acceptance of the Rental Equipment. Customer agrees and acknowledges that Customer will personally inspect the Rental Equipment prior to acceptance of the Rental Equipment and will only accept the Rental Equipment if the Rental Equipment is found to be in good working and unbroken condition when received.
- Labor Charges for Delay in Operations. If for any reason the delivery or removal of the Rental Equipment is delayed due to the following; Non-functioning elevators/doors/docks, the inability to enter the Event Location at the time scheduled, major traffic delays, moving of Rental Equipment after it is set, inability to use the loading dock or for any other reason that is not the fault of Fun Productions, the Customer may be billed for additional labor hours.
- Delivery and Setup of Rental Equipment. Customer agrees and acknowledges that Fun Productions will both deliver and set up the Rental Equipment. Fun Productions will arrive for the set-up so that we will be set-up at your contracted event start time. Fun Productions will make all attempts to setup the Rental Equipment according to Customer’s specifications if Customer provides a map at least 36 hours prior to the Event Date specifying where the Rental Equipment should be placed. If a map is not provided or, as determined by Fun Productions, Customer’s wishes cannot be followed for safety reasons or other concerns, Fun Productions will use its best judgment in setting up the Rental Equipment. If the Rental Equipment must be moved after it has been set-up, additional charges will be incurred and Fun Productions does not guarantee it will be set-up on time and no refund will be given for lost time while moving Rental Equipment. Customer will be asked to provide a signature at the Event Location if they request Rental Equipment be moved after set-up and they understand that the event may not be set-up by the contracted event start time if moving the Rental Equipment delays the start time. Customer also agrees they will not be issued any credit or refund if a delay is due to Rental Equipment being moved at the Customer’s request.
- Time Extension. If Customer should decide to increase the time of the event or extend the length of the event beyond the times listed on the Quote, they will be charged an additional rental fee. Customer will be asked to sign an extension request (and/or overtime form) on site. If contracted start times are delayed per Customer request, the guests arrive later than expected, and/or Staff and/or Entertainers are asked to stop for any reason during their contracted time; the contracted end time will remain the same unless overtime is approved in writing. Please note: overtime is pending Staff and/or Entertainer availability.
- Staffing of Equipment & Services. If stated on the Quote, Customer agrees and acknowledges that Fun Productions will provide Fun Production staff members to attend to the Rental Equipment. Said staff members will be available onsite to staff the Rental Equipment on the Event Date and times specified on the Quote. If the Customer prefers any changes to how the Staff and/or Entertainers are interacting with the guests, Customer agrees to notify them on site.
- Drop Off of Rental Equipment Without Staff. If Fun Productions will be leaving Rental Equipment with the Customer and there will be no Fun Productions’ staff on site, the Customer must be available to go over the proper operation and troubleshooting of the Rental Equipment. The Customer agrees that when the Rental Equipment is left, it is in good working order and/or is satisfactory to the Customer. The Customer will be billed for the entire Contract Cost and Fun Productions is not responsible if the Rental Equipment becomes nonfunctional after it is left. Customer agrees that they will not move, unplug, turn off, or leave the Rental Equipment unattended. If any of those things take place, the Rental Equipment may have issues at the Event Location and that will not be the responsibility of Fun Productions. Unless otherwise stated in this Agreement, Customer agrees and acknowledges that this Agreement does not include any provisions for staffing of the Rental Equipment. Customer will be responsible for providing volunteers/staff to assist in staffing of the Rental Equipment
- Use of Rental Equipment. Customer agrees and acknowledges that Customer will use the Rental Equipment only for the purposes for which the Rental Equipment was manufactured and intended. Further, Customer agrees and acknowledges Customer will follow all written or verbal instructions given by Fun Productions staff when the Rental Equipment is delivered to the Event Location.
- Game & Entertainer Set-up Areas. Photo stations, entertainers, and other game stations that require communication and lighting need to be stationed apart from speakers, loud equipment and/or games with flinging objects so guests are safe and can easily communicate with the artists & staff. Many of these stations require good lighting so that guests and artists are able to see the artwork, the casino table betting spaces, etc. If multiple artists offering the same art are onsite, those artists need to be stationed together so ONE line can be funneled to all of those artists.
- Electricity. Customer acknowledges and understands that Customer must have access to a 20-amp circuit breaker per piece of equipment needing power or per fan at the Event Location and that Rental Equipment must be setup within 75 feet of this electrical source to run effectively. Customer agrees and acknowledges that Fun Productions will not be responsible for inconsistent running of the Rental Equipment due to inadequate electricity at the Event Location. Customer agrees and acknowledges that unless specifically stated on the Invoice, this Agreement is not for electrical generators and Customer must provide Customer’s own electrical source.
- Anchoring and Securing Equipment. Rental Equipment (including, but not limited to, inflatable equipment, tents, games, booths, and cages) must be staked into the ground or weighted. If any of these units are to be setup on concrete, asphalt, or dirt, additional charges will apply for renting weights. If Fun Productions is not informed in advance of the surface and whether or not we can stake the Rental Equipment into the ground, Fun Productions will not be able to set up the Rental Equipment, but Customer will be responsible for paying for the Rental Equipment.
- Artwork. The rental of any photo or video stations includes a very basic graphic design to add text, logos, etc. to the printed photos. If the required work is specialized or requires more than one hour of design labor, additional fees will apply. All artwork needed from Customer (including, but not limited to logos, text, and/or backgrounds) is required to be sent to Fun Productions a minimum of 7 business days prior to Event Date.
- Lost or Damaged Rental Equipment. Rental Equipment must be returned in the same condition as delivered. Customer agrees and acknowledges that if Rental Equipment is lost or damaged, Customer will be responsible for the cost of cleaning, repair, or replacement of the Rental Equipment and will be charged the daily listed rate for each piece of Rental Equipment until the Rental Equipment can be placed back into service or a replacement piece of Rental Equipment is secured. Rental Equipment will be replaced if it is determined by Fun Productions that the cost of repair or cleaning will exceed the current market price of new Rental Equipment.
- Liability and Property Insurance. Customer shall maintain both liability and property insurance for Customer’s own liability and property which shall include “all risk” coverage for theft and vandalism that also covers any Rental Equipment being contracted through Fun Productions.
- Indemnification. Customer agrees and acknowledges that the Rental Equipment presents both potential safety and health hazards, including, but not limited to, falling, slipping, crashing, and colliding and could result in injury, illness, allergic reaction, disease, emotional distress, death and/or property damage to Customer, Customer’s guests, Customer’s invitees, others at the Event Location, and Customer’s licensees. CUSTOMER AGREES AND ACKNOWLEDGES THAT CUSTOMER RELEASES, INDEMNIFIES, AND WILL HOLD HARMLESS FUN PRODUCTIONS FROM ANY AND ALL CLAIMS, DEMANDS, OR CAUSES OF ACTION ARISING IN FAVOR OF CUSTOMER, CUSTOMER’S GUESTS, CUSTOMER’S INVITEES, OTHERS AT THE EVENT LOCATION, AND/OR CUSTOMER’S LICENSEES ON ACCOUNT OF BODILY INJURY, DEATH, OR DAMAGE TO OR LOSS OF PROPERTY IN ANY WAY OCCURRING OR INCIDENT TO THE USE OF THE RENTAL EQUIPMENT. CUSTOMER AGREES AND ACKNOWLEDGES THAT CUSTOMER’S, CUSTOMER’S GUESTS, CUSTOMER’S INVITEES, OTHERS AT THE EVENT LOCATION, AND/OR CUSTOMER’S LICENSEES ONLY RECOURSE IN CASE OF DAMAGES AND LOSSES ARISING IN ANY WAY FROM THE USE OF THE RENTAL EQUIPMENT IS CUSTOMER’S INSURANCE OR CUSTOMER PERSONALLY.
- Entry to Event Location for Recovery of Property. Customer agrees and acknowledges that, if by reason of any breach of this Agreement by Customer, it becomes necessary for Fun Productions to retake the Rental Equipment, Customer authorizes Fun Productions or its agents access to the Event Location to retake the Rental Equipment without legal process. Customer hereby expressly waives for Customer, Customer’s agents, and Customer’s employees all claims for damages and losses, physically and pecuniary, caused by this retaking by Fun Productions. Customer agrees to pay all costs, expenses, and attorney fees incurred by Fun Productions in retaking the Rental Equipment in addition to any and all sums due under this Agreement.
- Attorney Fees and Collection Costs. In the event that Customer breaches any term of this Agreement, including if Customer’s account becomes delinquent, Fun Productions shall have the right to bring an action to enforce any of the terms or provisions of this Agreement and Fun Productions shall be awarded its reasonable attorney fees and costs, including any fees incurred for the collection of costs such as, but not limited to, a return check fee of up to three times the amount of the returned check value, but no less than $45.00 if a check is returned due to insufficient funds or the fees associated with a collection agency.
- Unsafe Conditions. If pursuant to this Agreement, the event is staffed by Fun Productions, Fun Productions reserves the right to limit the use of any Rental Equipment or Entertainers if in the judgment of Fun Productions the use of such Rental Equipment presents a hazardous condition such as, but not limited to, safety concerns due to weather conditions, electrical issues, laws or government guidelines not being followed, or behavior of Customer or Customer’s guests. Full payment will still be due if the use is limited for a reason beyond the control of Fun Productions, including, but not limited to, any Acts of God or behavior of the Customer or Customer’s guests. Fun Productions also reserves the right to leave the event if their staff or subcontractors feel unsafe due to disregard for any guidelines not followed.
- Vendor Fees & Discounts. Fun Productions may, in addition to the Contract Cost stated on the Invoice, without notice to or consent of Customer, collect and retain for itself commissions or finder’s fees from vendors of equipment, materials, supplies or services related to the event.
33. Communicable Diseases. Customer agrees and acknowledges that Fun Productions is not responsible for the contracting of any communicable disease or illness resulting from the use of their equipment or services including from their entertainers or staff. Customer agrees that they, their guests, and all parties at the event assume all risks related to communicable disease exposure.
- Acts of God. Fun Productions is not liable for failure to perform its obligations if such failure is as a result of Acts of God (including, but not limited to fire, flood, earthquake, storm, lightning storm, pandemic, and/or other natural disaster), terrorist activities, labor dispute, government restrictions or actions, interruption or failure of electricity services, sickness, or other legitimate situation beyond the control of Fun Productions. If cancellation is given for one of the reasons listed and Notice is given to Fun Productions at least 36 hours prior to the Event Date that Customer would like to reschedule, Customer will be given the option of choosing an alternate date on which said equipment is available within 60 days of the original event date, or forfeiting reservation fee if the Event Date cannot be rescheduled. If Notice is not given to Fun Productions that Customer would like to reschedule due to weather at least 36 hours prior to the Event Date, the Reservation fee will be NON-REFUNDABLE. Rescheduling option will not be available for certain items such as, but not limited to, Entertainers.
- Photographs. Customer agrees that any and all photos that are taken by Fun Productions at the Event Location are the property of Fun Productions and may be used for marketing purposes both in print and online.
- Severability. In the event any portion of this Agreement is held to be unenforceable, the unenforceable portion of this Agreement will be deleted and the remaining provisions of the Agreement shall continue in full force and effect.
- No Assignment. No modification or amendment of this Agreement shall be valid unless in writing and signed by all parties to this Agreement. Oral changes have no effect. All parties hereto represent that they are the actual party in interest to this Agreement and that they have not assigned their rights in this matter or arising under this Agreement to any third party.
- Facsimile Counterparts. Signatures on this Agreement may be communicated by facsimile transmission and shall be binding upon the parties transmitting the same.
- Governing Law. This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of Colorado. Customer herein agrees to submit to the personal jurisdiction and venue of a court of subject matter jurisdiction located in Denver County, State of Colorado.
- Effect of Headings. The subject headings of the sections and subsections of this Agreement are included only for purposes of convenience, and shall not affect the construction or interpretation of any of its provisions.
- Successors and Assigns. This Agreement will be binding upon Customer’s heirs, executors, administrators, and other legal representatives and will be for the benefit of Fun Productions, its successors, and assigns.
- Complete Agreement. The terms and provisions contained in this Agreement constitute the entire Agreement between the parties and shall supersede all previous communications, representations, agreements or understandings, either oral or written, between the parties hereto with respect to the subject matter hereof. Customer hereto agree to waive any claim that Customer entered this Agreement by fraud, mistake or under duress.
- Authority to Sign. Each individual signing this Agreement directly and expressly warrants that he/she has been given and has received and accepted authority to sign and execute the documents on behalf of the Party for whom it is indicated he/she has signed, and further has been expressly given and received and accepted authority to enter into a binding agreement on behalf of such Party with respect to the matters concerned herein and as stated herein. A signature transmitted by facsimile or as a pdf copy to electronic mail shall be treated as original for all purposes
First and foremost all the Fun Pros’ hearts go out to all those affected by this terrible pandemic. We are so sorry for all who have gotten ill, lost a loved one, and/or are suffering during this time of uncertainty.
Next, we want to assure all of our clients, vendors, partners, and staff that we are working, have survived and remain relevant and intact. We do have staff available for your calls and emails to answer questions, work on future events, and collaborate on ways we can help solve any of the issues you are struggling with. While we have a skeleton crew we are here and working hard.
One of the biggest concerns for our clients moving forward is being safe at events in the future. We have made it a priority to come up with solutions to keep guests safe at events and here are some of the ways we are doing this that will grow and change based on government, CDC, WHO, and Colorado Event Alliance Recommendations;
- ALL equipment is being disinfected, cleaned, & Sprayed thoroughly with disinfectant.
- All equipment will be wrapped if possible before being loaded to minimize contamination.
- We can provide additional staff to make any use of equipment, completely touchless by guests.
- We can provide stanchions, barriers, or marked areas to keep guests separated while in lines, etc. Please inquire
- We can provide sanitizing wipes at every station to allow for cleaning of all surfaces between use. Please inquire
- We will ask clients to provide masking requirements for our staff. While some of our staff are more comfortable being in a mask and we want them to feel comfortable, other staff will only wear a mask upon the request of our clients.
Lastly, if you have questions and are uncertain about dates and how to proceed please call us and we can put your mind at ease. We want to create a win/win situation where we can start planning for your special events and special moments without the fear of negative consequences if we are unable to move forward with the date due to government directives.
Rescheduling in General
- To reschedule your event, we must be able to accommodate your new date on our calendar, and the revised event must be of equivalent scope. Prices may change between old and rescheduled dates and we are not able to guarantee originally quoted pricing on all equipment and services.
- If you execute a new contract with us at least 31 days before the event, we’ll credit all amounts that have been paid at that time to the new event date.
- Credits will be applied to the rescheduled event, not refunded.
- All reservation fees for sub-contracted services like entertainers and catering, etc. will not be credited and the full balance for these services is due. These services must be rebooked and paid for in full on new contract.
- Please note that our standard practice is to require certain event minimums on high-demand dates, and this may affect availability for your reschedule request.
- 100% of the reservation fee (less any sub-contracted services portion) to all events rescheduled within 90 days of original date. After 90 days 20% of the reservation fee will be forfeited and 80% of the reservation fee will be credited to the new event date. After 1 year the credit will decrease to 50%.
Rescheduling Events to 2021 or 2022 Dates
- Our hourly staffing charges are increasing due to mandated wage increases in Denver and the current job market. These new rates will be reflected on your rescheduled event.
- If your event is rescheduled, we will re-price your event based on current rates.
We understand that canceling your event involves an agonizing decision about disrupted plans and the absorption of certain costs. Meanwhile, the cancellation provision of our contract reflects our commitment to devote to each event the resources needed to provide our high level of service. In exchange for that commitment and the costs of keeping it, we depend on our contracted revenues to maintain and build a business that has served Colorado for 30 years. In addition to the longstanding dedication, Fun Productions must care for the community as a whole, our employees and our business are also part of that community and deserve important consideration as we balance these public health concerns.
Cancellations Due to Government Action
- If a government ban on events, or a restriction on events, forces the cancellation of your event, we will release you from all obligations of your invoice except for the Reservation Fee Payment which is non-refundable, plus any actual out-of-pocket costs we’ve incurred in preparation for your event that exceed that payment.
Additional Cancellation Provisions
- If we cancel your event unilaterally, we will refund any monies we have collected from you. In 30 years, we have never canceled a client’s event.
- If you cancel the event the Reservation Fee will be retained by Fun Productions.
All prices listed are subject to change and do not include delivery, sales tax, supplies and staff unless otherwise stated. Fun Productions has minimum equipment orders for specific days/dates and times of the year. In choosing equipment and services they are not reserved or guaranteed to be available until you get a written quote from Fun Productions.