CONTRACT

Welcome to Katie's Party Lab!

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We are looking forward to working with you and your family for your next event. The purpose and scope of the terms are to establish a clear and mutually agreed-upon framework for the relationship between Katie's Party Lab (“The Company”) and its Customers (“The Customer”). These terms outline the rights, responsibilities, and expectations of both parties to ensure a smooth and enjoyable sleepover and/or party experience. They cover various aspects, including the booking procedures, cancellation policies, delivery and setup details, responsibilities during the event, and guidelines for the use of equipment and facilities. Additionally, the terms address important legal considerations such as liability, intellectual property, dispute resolution, and the governing law. By defining these terms, the agreement aims to create transparency, protect both parties, and facilitate a positive and memorable sleepover experience.

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Booking Procedure. A signed Service Agreement and $150 retainer fee are required to hold the equipment for the event date. Any retainer fee will be applied to the final invoice. The entire balance will be due ten (10) days prior to the event date.

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Cancellations. Cancellations will result in the loss of the non-refundable $150 retainer fee. Cancellations within 72 hours or less notice will result in the forfeiture of the entire party balance. The retainer fee and/or party balance will be transferrable to another date within 60 days of the original event date, subject to date and equipment availability.

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Delivery. The customer must make sure the site is ready for delivery on the agreed delivery date and time. If the site is not ready or accessible, including all furniture moved and space cleared, when Katie's Party Lab arrives for delivery, the customer will be charged an additional fee based on the additional time required to deliver the equipment or if the company cannot deliver the equipment within the company’s business hours on the rental period start date, this agreement shall be considered completed by the Company and the Customer agrees to forfeit the deposit and pay the balance on the rental charges on the rental period expiry date.

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Inspection. The Customer acknowledges that they have an opportunity to personally inspect each of the equipment and find it suitable for his needs, is in good working condition and that he understands its proper use. It is the Customer’s duty to inspect the equipment prior to use and notify the Company of any defects.

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Replacement of Equipment. The Company does not warrant that the equipment will be free from defects. If any of the equipment becomes unsafe for use or defective because of normal use, The Customer agrees to notify the Company immediately and the Company will replace the defective equipment with equipment in good working condition, if available. The Company is not responsible for any incidental or consequential damage caused by any defective equipment, delays or otherwise.

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Use of Goods. The Customer agrees that the equipment shall be used only by persons competent in its proper use and that the Customer is solely responsible for ensuring that users of the equipment are competent users.

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Prohibited Uses. The Customer agrees that use of the equipment in the following circumstances is prohibited and constitutes a breach of this agreement: Use for illegal purposes or in an illegal manner. Use when equipment is defective, unsafe, or not in good working condition. Improper, unintended use or misuse. Use of anyone other than the Customer or his employees or guests. Use at any location other than the address specified by the Customer or the room where the equipment was set up by the Company. Tampering with any of the equipment.

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Return. The Company will provide a pickup time at the time of booking. The Company and the Customer’s right to possession terminates at such time and retention of any of the equipment thereafter constitutes a breach of this agreement.

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Late Returns. The Customer agrees to have the company back at an agreed upon time for the company to pick up rental items. If not timely returned, the Customer agrees to pay additional rental fees equal to 100% of the rental charges for every day of delay.

Repossession. Upon failure to pay any amounts due under this agreement or any other breach of this agreement, the Company may terminate this agreement and remove and take possession of the equipment from wherever it may be located, and the Customer shall hold the Company and its agents free and harmless from any liabilities or claims for damages or trespass arising from said removal or repossession.

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Conversion of Equipment. The parties to this agreement acknowledge that any equipment owned, leased, or otherwise controlled by the Company is the property of the Company. Failure of the customer to return or make available for return any of the Company’s equipment by the designated date and time shall immediately constitute a conversion of that personal property and the Company shall be immediately entitled to an order of entry and seizure.

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Dirty, Damaged or Lost Equipment. The Customer agrees, as an insurer, to pay for any damages to or loss of any of the equipment arising from any causes other than reasonable wear and tear while the equipment is out of the possession of the Company. The Customer also agrees to pay a reasonable cleaning charge for any equipment returned dirty beyond normal wear and tear. Accrued rental charges cannot be applied against the purchase or cost of repair of damaged or lost equipment. The cost of repairs will be borne by the Customer, whether performed by the Company or, at the Company’s option, a third party. Equipment damaged beyond repair will be purchased by the Customer at its fair market value on the date of delivery. Costs for damages, repair or replacement will be assessed within 48 hours of return and presented in a separate invoice payable within 14 days from receipt thereof.

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Collection Costs. The Customer agrees to pay all reasonable collection, attorney’s fees, court fees and other expenses involved in the collection of any charges or the enforcement of the Company’s rights under this agreement.

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Loading and Unloading Goods. The Company is responsible for loading and unloading the equipment. If the Customer or anyone acting on behalf of the Customer assists in the loading or unloading of the equipment, the Customer agrees to assume the risk of, and hold the Company free and harmless from, any property damage or personal injuries, including damages or injuries attributable to the negligence of the Company or its employees.

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Assignments. The Company may assign this agreement without the Customer’s consent but will remain bound by all its obligations herein. The Customer may not assign, sublease, or loan any of the equipment. Any such purported assignment, sublease or loan by the Customer is void.

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Disclaimer of Agency and Manufacture. The Customer agrees that it is not the agent of the Company for any purpose. The Customer also agrees that the Company is not the manufacturer of the equipment nor the agent of the manufacturer.

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Title. This agreement is not a contract of sale. Title to the equipment remains in the Company.

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Sever-ability. The provisions of this agreement shall be severable.

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Responsibilities. Customer is responsible for ensuring a safe environment during the event, including the proper use of equipment and facilities.

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Assumption of Risk. The customer acknowledges and agrees that participating in the services provided by Katie’s Party Lab involves inherent risks to personal and property safety.

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Release and Waiver. The Customer hereby releases and forever discharges Katie's Party Lab from any and all claims, liabilities, demands, actions, or causes of action arising out of or related to any loss, damage, or injury, including but not limited to personal injury or damage to property.

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Force Majeure. If acts of God or government authorities, natural disasters, or other emergencies beyond Katie's Party Lab's reasonable control make it illegal or impossible for the Company to perform its obligations under this Agreement, such Company may terminate this Agreement without liability.

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Indemnity. The Customer agrees to indemnify and hold harmless Katie's Party Lab, its owners, employees, and representatives, from all claims, liabilities, damages, costs, and expenses, including legal fees, arising out of, or related to the use of Katie's Party Lab's services. The Customer agrees to assume the risk of, and hold the Company free and harmless from, property damage or personal injuries caused by any of the equipment or the Company’s negligence. Customer also agrees to indemnify and reimburse the Company for all liabilities to any third parties, arising out of the use of the equipment or breach of this agreement by Customer.

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Governing Law. This Agreement shall be governed by and construed in accordance with the laws of Colorado.

Entire Agreement. This Agreement constitutes the entire understanding between the parties and supersedes all prior agreements, whether oral or written.

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Modification. No modification of this Agreement shall be effective unless in writing and signed by both parties.

Acknowledgement. The Customer acknowledges that they have read and understood this Agreement and have had the opportunity to seek legal advice before agreeing to its terms.

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PHOTOGRAPHY & MEDIA RELEASE

Katie’s Party Lab may take photographs or video footage during your event. These images may include event décor, styled displays, activities, and guests. With your permission, these images may be used for promotional purposes, including but not limited to social media, our website, marketing materials, and future advertising.

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Please indicate your preference below:

☐ I consent to the use of all photos and videos from my event, including images that may include children or identifiable guests, for marketing purposes.

☐ I consent to the use of event décor and styling images only (photos that do not include visible children or identifiable guests).

☐ I do not consent to the use of any photos or videos from my event for marketing purposes.

If you have any questions prior to signing this agreement, please contact Katie's Party Studio directly at katiespartylab@gmail.com