Terms & Conditions
Effective August 20, 2021
The Terms and Conditions apply to the Modern Pop website and document the legally binding terms and conditions attached to the use of this website. These Terms and Conditions also serve as a contract that governs the relationship between Modern Pop, LLC (referred to as “Modern Pop,” “we,” “our,” or “us”) and you as the website user. By accessing and using this website, you agree to abide and be bound by the practices described in these terms and conditions. Please do not access or use the services provided in this website if you do not agree to the Terms and Conditions.
Website Content
You have the right to view the written content posted publicly on the Modern Pop website. The website content may not be taken apart from the website and shared, reproduced,distributed, or otherwise used in any other way without prior written consent from Modern Pop. Prohibited uses include but are not limited to sharing content on Facebook, Instagram, Pinterest, Snapchat, Twitter, LinkedIn, blogs, other websites, or other social media platforms without giving credit and linking the content to the Modern Pop website.
Website Photos
All photos used on this website are the property of Modern Pop. Photos on this website may not be sold, shared, reproduced, distributed, or otherwise used in any way without prior consent to Modern Pop. Prohibited uses include but are not limited to sharing photos or screenshots of photos on Facebook, Instagram, Pinterest, Snapchat, Twitter, LinkedIn, other websites, or other social media platforms with or without giving photos credit and linking to the Modern Pop website. Photos used in this website are not stock images available to the public and are not available to be purchased for use on other websites or for other purposes.
Copyright Notice
The Modern Pop website and all its original content, logos, and designs, features, and functionality are owned by Modern Pop and are fully protected by the appropriate copyright and other intellectual property rights laws. All contents of the Modern Pop website are: Copyright 2021 Modern Pop. All rights reserved.
The names of actual companies and products mentioned within the Modern Pop website may be the trademarks of their respective owners.
Any rights not expressly granted within these Terms and Conditions are reserved.
Limitation of Liability
Modern Pop may make changes and improvements to information on this website periodically. The information, products, and services included in or available through the Modern Pop website may include inaccuracies.The Modern Pop website is provided “as is” without any warranties or conditions, express or implied. Modern Pop is not responsible or liable for the suitability, reliability, timeliness, accuracy, or availability of any information transmitted or made available through the website and is not responsible or liable for any error or omissions in that information.
Information on this website is for informational purposes only. Nothing on this website is meant to constitute advice of any kind. Modern Pop and the content of its website should not be relied upon for personal, legal, or financial advice or decisions; an appropriate professional should be consulted in these matters.
To the maximum extent permitted by applicable law, in no event shall Modern Pop be liable for any direct, indirect, incidental, special, or consequential damages or losses in any way connected with the use of or delay or inability to use the Modern Pop website.
No Unlawful Or Prohibited Use
As a condition of your use of the Modern Pop website, you agree that you will not use the Modern Pop website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Modern Pop website in any manner which could damage, disable, overburden, or impair the website or interfere with any other party’s use and enjoyment of the website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Modern Pop website.
Linked Websites
This site contains links to and from other websites and online resources that are not owned or managed by Modern Pop. If you follow a link to any of these, please note each website may have their own terms and conditions. Modern Pop does not accept any responsibility or liability for the terms of linked sites. Therefore, we strongly advise you to read the entire terms and conditions and privacy policy of any site that you visit as a result of following a link that is posted on our site.
Modern Pop is not responsible for and does not necessarily condone content posted on linked sites, including changes or updates to linked sites. Modern Pop provides these links for information and convenience, and the inclusion of any link does not imply endorsement by Modern Pop of the site or any association with its operators.
Advertisements
Modern Pop reserves the right to include advertisements and affiliate links on the website and agrees to communicate any and all affiliation with advertised products or services. Modern Pop takes its reputation and credibility seriously and will only advertise or endorse products or agencies that Modern Pop believes have no conflict with the mission and values of Modern Pop.
Governing Law
These terms and conditions are governed in accordance with the laws of Oklahoma, United States.
Modifications To These Terms
Modern Pop reserves the right to occasionally modify these Terms and Conditions. Your continued use of the website will signify your acceptance of any adjustment to these terms. Therefore, you are encouraged to periodically review these terms for such changes to remain informed and to ensure you are abiding by the terms and conditions detailed here.
Contact
Modern Pop welcomes your questions or comments regarding these Terms and Conditions. Feel free to contact us at hello@modernpop.co.
Tulsa, OK 74133
Booking
When booking an installation for an event with Modern Pop LLC, the following document serves as reference to Modern Pop LLC and the Terms & Conditions. Modern Pop LLC highly recommends that all installations be scheduled at minimum, 14 days.
Your event is not officially booked, with the date reserved for your installation, until the entire balance of the retainer fee and the Terms & Conditions are received by Modern Pop LLC. There will be a due date for payments on both the retainer fee and the final payment prior to the date of installation, if applicable.
Retainer Fee
A retainer fee of 50% of the total billed, will be required in order to reserve any date(s). If the amount is not determined at the time the Terms & Conditions is received, the Client will be required to pay a retainer fee of $100.00. After the balance of the installation is determined, the Client understands they are responsible for paying the remaining balance of the retainer fee, if the total balance billed equals a balance higher than that of the $100 payment already made. The Client will have 5 days to pay the remaining balance for the retainer fee. If the total balance billed is less than $100, the order will be considered paid in full, any credit on the account will be refunded to the Client. If the Client wishes to not utilize the services of Modern Pop LLC, any payments made towards the retainer fee are forfeited and considered non refundable.
Payments Made
Payments can be made with Debit/Credit Card. We accept MasterCard, Visa, Discover, Amex. Failure to make the required payment by the given due date may result in any/all of the following:
Invalidation and removal of any applicable discounts, special promotions, complimentary services,etc.
The forteture of any payments already made.
The release of event date and time.
Termination of the contract.
Refunds
Modern Pop LLC is an event company specializing in balloon decor installations. Anyone retaining services via Modern Pop LLC will be required to pay a retainer fee based on the size, detail, and value of the installation. This payment is expected to be paid in full prior to any services being rendered to the Client.
No refunds are given for any payments towards the retainer fee, even if the retainer fee is not paid in full.
No refunds are given for any payments made towards the remaining balance of the installation order regardless of the situation. We understand situations arise that will either require the Client to cancel or reschedule their event, and although we are empathetic to those situations, we are unable to refund any payments made. When we accept an order, we begin working immediately on selecting the best design and decor needed to accomplish our goal, a perfect installation for your event. The retainer fee retains Modern Pop LLC for your installation and the remaining balance is used to order any materials, supplies, as well as cover any labor, traveling expenses, etc. As long as a written notification is received by Modern Pop LLC and the cancellations/rescheduling guidelines are followed, we are able to reschedule the installation. Failure to inform Modern Pop LLC by the required time for the cancellation/rescheduling of an installation, may result in any/all of the following:
The forteture of any payments already made
The release of event date and time
Termination of the contract
Cancellation fees
Rescheduling & Cancellations
Rescheduling
The Client has the freedom to reschedule the installation with a written 7 (seven) day notice. The Client may reschedule for any date within the next 365 calendar days, at the convenience of Modern Pop LLC, without being charged a cancellation fee. The reschedule date is subject to availability. If we are unavailable, the below cancellation policies and fees will apply. We suggest that if the Client needs to reschedule, they include the preferred date to reschedule as well as a second choice, in the event that the first choice is unavailable.
Cancellations
The Client has the freedom to cancel at any time without receiving a cancellation fee, so as Modern Pop LLC receives a written notice within 7 days. If a written notice is not received by Modern Pop LLC within 7 days of the scheduled installation, the Client will assume a $100 cancellation fee. Please be aware, any and all payments made towards any of the following, including but not limited to; retainer fee, materials, supplies, labor, etc. will be forfeited and considered non-refundable.
Reductions & Changes
Removing or adding decor to an installation can not be done after the Terms & Conditions have been signed. A separate order may be placed for any additions the Client wishes to have for the event, however it is at the sole discretion of the Creative Director, whether or not that order is accepted or declined. If the new order is accepted, it will be subject to the entire Terms & Conditions, as stated in this agreement. This includes 50% of the total balance of the order as a retainer fee.
Venues
It is the Client’s sole responsibility to confirm if the venue allows; helium tanks, helium balloons, tall structures, wall hangings, tall ladders, etc. prior to any payment made to Modern Pop LLC. If the Client fails to confirm the venue’s rules for balloons, helium tanks/balloons, wall hangings, tall ladders, etc. prior to making any payment(s), said payment(s) will be forfeited and considered non-refundable.
Venue Access
It is the Client’s responsibility to make arrangements for Modern Pop LLC to gain/maintain access of the venue. The Client is also responsible for obtaining any permits, access passes, gate/room access cards, wristbands for entire staff, as well as notify Modern Pop LLC of any room changes within the venue, if applicable, with at least 24 hours notice. Access arrangements apply to access prior to the event for installation, as well as access to strike, if applicable, or breakdown any props, designs, equipment, etc. If props/designs/equipment are transported by the Client, the Client may return said items to Modern Pop the following day.
Personal Residence
If the location of the event is located in a personal residence, the above installation times still apply. The access requirements are still applicable in regards to allowing Modern Pop LLC and it’s Creative Director and teams access to make the installation. The Client understands that installations are done using an array of options including but not limited to command strip, removable wall mounts, etc. If there is a preference in method of installation, please inform your Creative Director when signing the Terms & Conditions as it will need to be documented in the invoice.
Event Details
The Client is responsible for seeing that the venue has the name of the Creative Director’s name and contact number on file for two reasons; 1) The Creative Director needs to have a point of contact at the venue in the event a change has occurred on our end, we have a way to relay that info, possibly find a resolution if applicable. 2) In the event the point of contact at the venue needs to reach the Creative Director to inform Modern Pop LLC of a change, it makes the communication process easier. This also allows for the Client to not be inconvenienced on the day of installation as well.
Installations
The Creative Director overseeing the installation should receive any permits, access passes, gate/room access cards, wrist bands, etc, 24 hours prior to the date of installation to ensure access to the venue. If access is denied at any time, for any reason, including failure or lack of communication, it will result in items not being installed punctually or adequately, and possibly not at all. If this occurs, the Client agrees that Modern Pop LLC will not be held liable.
All installations require a minimum of 2 (two) hours for orders totalling $150-$450.
All installations require a minimum of 3-4 (three-four) hours for orders of $450-$650.
All installations require a minimum of 4-5 (four-five) hours for orders $651+.
If any orders are of intricate detail, large capacity, or for any other reason that requires more than 4 hours for installations, they will be documented and adhered to in order to receive a quality installation. Please see pricing for delivery and installation fees. Please see pricing for delivery and installation fees.
Client Installations
If applicable, the Client may transport and install their order themselves.
This must be communicated in writing prior and will not be changed after signing the Terms & Conditions.
The Client agreeing to transport and install the order themselves, will have the delivery and installation fee waived.
The Client agreeing to transport and install the order themselves, also relinquishes Modern Pop LLC of any/all responsibility for the order once completed and paid for, including the outcome of the installation.
Modern Pop LLC Installations
There will be a delivery and installation fee, figured into the pricing for the event during the booking stage.
Failure to have the entire balance paid for, regardless the dollar amount, will result in a cancelled installation and forfeited payments, which can not be refunded or transfered.
A team from Modern Pop LLC, including your Creative Director, will arrive at the venue at designated time for installation.
Our team will need to unload the equipment and decorations to the designated area, set up a designated working space, free from interruption or traffic from other vendors.
The time designated for the installation will be utilized, however, any time left over after installation is complete, is not subject to discounts or refunds.
Any and all equipment and props are property of Modern Pop and will be returned to Modern Pop either the same day, after the event or the following day, if being transported by the Client.
By signing the Terms & Conditions the Client agrees that there will be no other balloons, balloon decorators, or balloon companies on site, throughout the entire installation and event. Modern Pop LLC reserves the right to refuse further service towards the event, resulting in foreited payments.
Striking & Disassembling
After an event, the Client is responsible for disassembling and returning all equipment and property of Modern Pop LLC, as well as properly disposing of the remaining balloons.
Modern Pop LLC can strike and disassemble an installation if desired by the Client. In this case a striking fee will be added to the total order during the booking stage.
If the Client chooses to strike the set themselves after a striking fee has already been paid, that payment will be forfeited and considered non refundable.
Ownership of Equipment & Materials
All equipment, materials, and props used for the installation, are the sole property of Modern Pop LLC and are used on a rental basis only.
The Client is responsible for access to retrieve said equipment, materials, and props after the event.
Signing the Terms & Conditions makes the Client solely responsible for the equipment, during and after the event, until surrendered back to Modern Pop LLC.
Failure to do so, will result in the Client accepting sole responsibility for the property of Modern Pop LLC and agrees to have the card on file charged or be sent an invoice and agrees to pay it.
Any damage or vandalism that occurs to any of the property of Modern Pop during the event, including any damage or vandalism that occurs due to the Client’s guests, will result in the Client accepting sole responsibility for the property of Modern Pop LLC and agrees to have the card on file charged or be sent an invoice and agrees to pay it. This includes but is not limited to misuse, theft or disasters (fire, flood, earthquake).
Balloon Float Time
Your balloon decor will be designed around the specifications of your event.
Latex balloons have an approximate float time of 12 hours.
Mylar/Foil balloons have an approximate float time of 1 week.
There are many variables that can affect the float time of your balloon decor including but not limited to weather, rain, wind, extreme heat.
Please be aware of this if you are reserving a date for an outdoor installation.
Balloon Releases
Although balloon releases are intended to remember someone lost, support a cause, show respect for someone or something, and much more, Modern Pop LLC does not participate in balloon releases of any kind, regardless of the number of balloons requested. Modern Pop LLC will not fill orders for anyone intending on releasing the balloons. Releasing balloons is detrimental to our environment in many ways. Balloons float hundreds, if not thousands of miles and when they land, they run a chance of landing in the ocean, in areas where livestock could accidentally eat them, or anywhere else as litter. We do not support, do not fill orders for and advise against participating in any balloon releases.
Outdoor Events
*****WE DO NOT CANCEL FOR BAD WEATHER UNLESS DEEMED DANGEROUS WEATHER OR A NATURAL DISASTER***** *****BY LOCAL STATE / GOVERNMENT OFFICIALS*****
By signing the Terms & Conditions, the Client acknowledges that some balloon decor may be affected by temperature and humidity, something that Modern Pop LLC can not be held liable for. Modern Pop LLC will not be held liable for the reaction of any balloon decor to the weather or uncontrollable acts of nature including but not limited to rain, wind, or extreme heat. Modern Pop LLC NEVER guarantees perfect results for any installation done outdoors or in these uncontrollable situations.
In the event there is a situation that prevents the Creative Director from installing the balloon decor in the original location at a venue, the Creative Director is able to move the balloon decor to that location (still on site at original address) and attempt to complete the installation.
It is the Client’s sole responsibility to have an alternate location available and ready in the event the original location is not able to be utilized. Failure to do so will cause the payments to be forfeited and considered non refundable.
Modern Pop LLC will however, not be able to guarantee a quality and perfect installation due to last minute setup changes, but will promise to do everything possible to ensure it is as close to perfect as physically possible.
The Client is responsible for locating an alternate location to set up as well as ensure access to Modern Pop LLC.
If dangerous weather or a natural disaster occurs that causes the venue to close and prevents the event from taking place, the Client may reschedule the installation for a different date, within the next 365 days.
Dangerous weather and natural disasters are only accepted if acknowledged by a local state/government official.
If the Client cancels the event due to rain or other bad weather, not designated as “dangerous weather”or “natural disaster”, the Client understands that the payments will be forfeited and considered nonrefundable. The payments will not be transferable.
Modern Pop LLC agrees to be present and ready for installation even if it is raining, snowing, or displaying any other type of “irregular” weather, with the exception of road closures.
Pricing & Fees
All pricing regarding the entire order including but not limited to; retainer fee, delivery fee, installation fee,striking fee, cancellation fee, etc. will be documented during the booking stage. All payments made towards any and all of these charges are non refundable. Please make sure you have communicated the necessary details to any other vendors you may be working with prior to booking with Modern Pop LLC. Retainer Fee 50% of total order for installation (Case by case basis)
Delivery Fee starting at $20 (Anything 100 miles or more, please contact us.)
Installation Fee - 30% of total order
Striking Fee - Must be paid for prior to the event and documented
$250 flat fee to return to remove balloons and or pick up equipment.
Cancellation Fee
$100 (Avoid by providing, in writing, a request to reschedule within 7 days of the event.)
Display & Promotion
By signing the Terms & Conditions, the Client agrees that Modern Pop LLC may use the decorated display including video recordings and photographs for usage on the official Modern Pop LLC website, including but not limited to social media networks, flyers, billboards, displays, commercials, and any other form of promotional marketing.
All designs/displays installed by Modern Pop LLC are the property of Modern Pop LLC, in return Modern Pop LLC reserves the right to utilize any/all photographs and video recordings as deemed necessary, for promotional use. This also includes any personal photographs or video recordings taken by the Client or the Clients’ guests. Modern Pop LLC reserves the right to include the official Modern Pop LLC logo on any personal photographs or video recordings made from an Modern Pop LLC installation. Modern Pop LLC also reserves the right to refuse to use any photographs or video recordings made by any of the following, including but not limited to; Modern Pop LLC, the Client, the Clients’ guests, photographers, videographers, venu personnel, or any other vendors.
Vendors & Event Coordinators
Modern Pop LLC is focused on making balloon decor that stands as an unforgettable piece in your event. Our main focus is providing exceptional service and installing a quality design. We strive for perfection and in return, we expect all vendors or event coordinators who are working together to create this unforgettable event, to expect nothing less than perfection as well. With that being said, all vendors and event coordinators can be referred to the Client.
Modern Pop LLC is not responsible for assisting other vendors in tasks related to their designated field.
Modern Pop LLC is responsible for maintaining a safe and healthy work space, installing the balloon decor, striking and disassembling if applicable, and cleaning up the workspace utilized by Modern Pop LLC.
Modern Pop LLC is not responsible for poor services rendered by other vendors. It will be the Client’s responsibility to settle any discrepancies with the vendors directly.
Modern Pop LLC will not refund any payments made due to other vendors hindering or becoming detrimental to the progress and quality of the installation.
Modern Pop LLC expects any Client working with an Event Coordinator to ensure their coordinator is abreast of the installation arrangements prior to the day of the event.
Independent Contractor
The Terms & Conditions are not to be misconstrued as an employment agreement in any way. Modern Pop and its Creative Director, as well as the team and/or any vendors accompanying the Creative Director functions solely as Independent contractors. The Client understands that the Creative Director is a professional and does not need to be supervised during the installation of the balloon decor.
Safety
In the event Modern Pop LLC or the Creative Director deems the event or the installation to be unsafe, the Creative Director has the authority and obligation to refuse service of the installation until the unsafe situation is made safe again. If the Client's guests or other vendors have made the installation or location unsafe, the Client assumes full responsibility and pays any fees for travel, rentals, staff, etc. If this situation occurs, Modern Pop LLC will leave all balloon decor onsite for the Client and will remove themselves and all property, equipment, staff, etc. from the property immediately. If ever there is a safety issue such as this, Modern Pop LLC will exercise our right to refuse service and the Client/Client’s guests will be blacklisted.
Please be advised that prices are subject to change without notice.
By signing the Terms & Conditions document and or submitting payment, I certify that I have read this document in its entirety, I fully understand and agree with this agreement. I also understand my role as a Client and the role that my Creative Director will play in the installation for my event.
Contact
Modern Pop welcomes your questions or comments regarding these Terms and Conditions. Feel free to contact us at hello@modernpop.co.
Tulsa, OK 74133