CONFETTI & FOG FX INC RENTAL AGREEMENT (FOR SERVICE AGREEMENT, SCROLL DOWN TO SERVICE AGREEMENT BELOW)

WE DO NOT PICKUP CONFETTI - NO REFUND ON EXPENDABLES, SPECIAL ORDERS, LOGISITICS, AND/OR TECHNICIAN LABOR.

COPY OF THE EXEMPT CERTIFICATE IS REQUIRED IF APPLICABLE.

CONFETTI & FOG FX INC IS NOT REPONISBLE FOR ANY FIRE DEPARTMENT, FIRE INSPECTOR, OR FIRE MARSHALL ARRIVING LATE OR NO SHOW TO EVENT OR PRODUCTION. NO REFUND OR CREDIT WILL BE ISSUED IF SERVICES ARE UNABLE TO BE REDENERD BECAUSE OF THE AHJ.

A 10% LATE FEE WILL BE ADDED TO ALL PAST DUE INVOICES (30 DAYS FROM INVOICE DATE)

This agreement specifies the equipment rental between “Client” referring to (Name of Company or Individual) and “CFX” referring to CONFETTI & FOG FX INC for the date(s) specified on the approved order. This agreement serves as an open legal document to all rentals going forward from the date listed below without an end date unless a written cancellation is provided via email by the Client to info@confettiandfogfx.com and approved by CFX. Client agrees to pay CFX the amount stated on the order and invoice for the specific order you are requesting at the time of the rental. Client further agrees that a specified representative will be present to maintain order and all safety precautions of the guest as well as the equipment being used. Equipment rental agreement reads: CFX hereby rents the following equipment listed on the invoice. Client subject to all the terms and conditions of this agreement, in consideration whereof client acknowledges and agrees. TERMS. A) This agreement consists of all the terms and conditions on this page. “Client” means the person(s)/company signing this agreement and any other person or organization to whom charges are billed by CFX at the direction of the person signing, all of whom shall be jointly and severally liable hereunder. “equipment” means the equipment identified in this agreement and all the accessories attached there to or contained therein. a) CFX does not guarantee, assume responsibility, or make any representation for the performance, accept manufactures specs of said equipment. B) Client releases and holds CFX owners, it’s agents and employees, harmless from all claims for loss or damage to personal property of client or any other person that may be in contact or associated with equipment and/or accessories. The client expressly agrees to indemnify and hold CFX Inc harmless from any and all claims arising out of any violation of any law, rule, regulation or order, and from any and all claims or liabilities for loss, damage or injury to persons or property of whatever kind or nature arising (i.e., if an equipment case falls on someone’s foot, or someone’s car is dented) from the use or operation of the equipment herein rented, or from the negligence or carelessness of the agents or employees of client. Client shall notify CFX promptly of any accident involving the equipment herein rented. client shall obtain contractual liability and renters/ property insurance. The client has the privilege to examine and test equipment at the time of rental. CFX Inc does not guarantee, assume responsibility, or make any representation for the performance, accept manufactures specs of said equipment. Client acknowledges receipt of equipment in good working condition. Client will send equipment back in the original design cases or boxes C) Client shall pay on demand the sum total of all expenses for (a) Time/Days computed at the rates shown on order / invoice issue by CFX. b) Shipping/Freight charges for shipment of equipment and accessories (c) Installation fees if applicable (d) Transportation and accommodations if applicable (e) Owner’s cost, including attorney’s fees, incurred in collecting payments due from client under this agreement (f) Damages and/or service charges in the event of an accident is clients / productions fault and agrees to hold CFX harmless of clients wrong doing (g) Damages to equipment or personal property (i) Damages to equipment or property if rental period has expired and equipment is not returned. (m) Client agrees to provide the electrical requirements needed to operate equipment, unless other words agreed upon. D) No right of this Agreement may be waived or modified except by written instrument signed by the owner or office staff of CFX. The acceptance of the return of the rented equipment is not a waiver of any claims that it may have against the client, nor a waiver of claims for latent or patent damages to the equipment. The acceptance of any rent or other payment, or any portion thereof, after a default by the client shall not be deemed to operate as a waiver of CFX right to enforce the payment of rent or other payments herein provided for, or to terminate this agreement and recover possession of its equipment. PAYMENT RETURNED CHECKS and LATE PAYMENTS: If a check is returned for any reason, client understands there will be an UNAVAILABLE FUNDS FEE of $100.00 plus any bank fees that are associated with the returned check. Late payments are subject to 10% per month late fee from total invoice. A $35 fee will be applied for all Wire Transfer payments, 3% for any CC Payments, and Zelle payments are free of charge. Client is responsible for all legal fees incurred to collect funds. LABOR: If needed technician labor is invoiced for a FULL DAY (12 HOURS), $100.00 an hour will be charged for any overtime passed the agreed labor time on the invoice. Credit card on file could be used as payment for the overtime hours. PARKING: Client assumes responsibly for any parking charges or fees CFX is to pay in order to deliver or provide service for your production. Parking receipt will be available upon request. DELIVERY and SETUP: (Fees do apply) Some equipment is very heavy, and the technician(s) has the right to refuse any delivery if equipment poses an unsafe transport method. No equipment will be transported up any stairs or ladders, until agreed upon prior to finalizing agreement. CO2 tanks are very heavy and CAN NOT and WILL NOT be carried upstairs or ladder by any CFX personnel. Please check with venue on logistics before delivery. It is the clients responsible to pay for all shipping, including return, damaged equipment, and exchange equipment shipping. CFX will not assist in loading and unloading of equipment onto any vehicle, it is the responsibility of the driver picking up the equipment to load and unload equipment. No ratchet straps will be provided but can be rented from the rental department. EXECUTION OF SERVICES: CFX is to execute its given task of completing a setup, if setup cannot be completed by CFX due to venue/ location rules and regulations CFX is to be held harmless and excluded regarding any liabilities, problems, or non-working effects and/or services this may encounter which will limit CFX from completing its given task. Please feel free to ask us any questions. Equipment rental agreement reads: CFX hereby rents the following equipment listed on the invoice. Client subject to all the terms and conditions of this agreement, in consideration whereof client acknowledges and agrees. ATTORNEY FEES: In the event either party files any legal action or suit to compel the performance of any provision of this Contract, or to seek an interpretation of any Contract terms, the prevailing party shall be entitled. In addition to costs of attorney fees as determined by a court of competent jurisdiction. ORDER CANCELLATION: The client may cancel the order at any time for any reason FROM THE DATE OF THE ORDER UP TO 21 BUSINESS DAYS BEFORE THE RENTAL DATE. HOWEVER, CONFETTI & FOG FX Inc shall be entitled to retain a $50 processing fee. The remaining deposit amount shall be refunded. Cancellation of an event with less than 21 days remaining to event date will result in forfeiture of the entire 50% deposit made at the time of reservation. CONFETTI & FOG FX INC performs rain or shines. Discretion to reschedule an event due to weather rests with CONFETTI & FOG FX Inc. Minimum cost incurred may apply. In the event of inclement weather, CONFETTI & FOG FX Inc Guarantees performance and client guarantees full payment of contract agreement before the units are shipped. Paypal Payments: Additional 10% will apply. LOST, DAMAGED, & REPLACEMENT COST: Client is liable for full value of equipment and other charges that may become due for any neglect or carelessness on clients part in handling equipment or handing over to anyone other than CFX. A COI (Certificate of Insurance) naming CONFETTI AND FOG FX INC 1085 W 21 PL Hialeah, Fl 33010 as an Additional Insured and Loss Payee is required for all rentals. If a technician is not retained for an event, it is the client’s responsibility to call or text 8775764239 for assistance. a) The client assumes all risk in the use and operation of the rented equipment and shall be responsible for providing proper safety devices and equipment to safeguard users or operators of the equipment herein rented and for installation of the equipment in safe and adequate facilities, in order to comply with all Federal, State and Local laws or regulations, and all industry standards. Full replacement cost will apply to any item deemed unsuitable or missing upon return of the order. Replacement costs will be the responsibility of the client. As a result of any lost merchandise, the client forfeits their right to any refunds or reimbursements. The client will also be billed for any excessive cleaning that is needed upon return of the rental items. The decision for replacement, repair costs, cleaning fees is at the discretion CFX. Replacement cost will be charged to client’s credit card on file. DEPOSIT FOR HOLD: A security deposit is due at signing to guarantee specified dates and equipment for rental. Deposits are refundable up to 21 days prior to the event. Cancellation within 21 days results in loss of full deposit. Any bookings made within 21 days of an event require an immediate non-refundable 100% deposit. No refunds will be issued if client cancels event within 21 days of event date. The contract balance amount is due before actual shipment of the rental equipment. . CFX is not responsible for any cancellations due to weather and/or other events out of our control. Client understands CFX under the extremist’s circumstances has the right to cancel any event, even under a written agreement for any reason; as a result, any monies paid will be fully refunded. Client understands CFX will not release any equipment or provide any service until the full amount has been paid. ALL CHECKS MUST CLEARED TWO WEEKS PRIOR TO EVENT, NO CHECKS WILL BE ACCEPTED TWO WEEKS PRIOR TO EVENT DATE DEPOSIT FOR EQUIPMENT (in case of damage, lost or stolen property): A security deposit is due at signing to guarantee the safe return of the equipment bring rented. The security deposit consists of the full purchase price of the equipment being rented and is non-negotiable. If equipment is returned damaged or is not returned because it was lost or stolen, CFX has the right to keep the FULL deposit or charge your credit card if provided. Upon the safe return of our equipment and inspection by one of our company members the FULL deposit will be returned to you. The total deposit (and full valve) for client rental will be listed on the order details. RETURNS & LATE RETURN FEES: Return of equipment is due back on the date listed on this agreement before 2pm. All rental items provide CFX must be returned in the same quantity, condition, and state that the client received them in, which means all items must be put away and wrapped up nicely inside their box or case. A $75 fee will be added to the total price for a “messy return”. client shall return equipment to CFX in the same condition received, on the return date specified in the contract agreement. A late return fee equal to 100% of the client’s total rental order will be charged each day the rental is late. After five business days late, client will be charged at full replacement cost regardless if rental items are returned to CFX after such time. Late fees or replacement cost will be charged to client’s credit card on file. PROPERTY. All equipment is the property and remains property of CFX at all times, this is an agreement of rental only. It is expressly agreed that the client is not Owner, agent, servant or employee for any purpose, condition, or circumstance for, or in which the equipment is involved while being operated by the client. a) The client agrees not to pledge, mortgage or in any way encumber the property rented herein. b) The equipment is and shall remain at all time the sole and exclusive property of CFX. The client agrees not to remove or cover the tag or nameplate on the equipment showing ownership by CFX or manufacturer. c) The client shall not under lease, loan or otherwise permit the equipment to be used by any other person, firm or corporation, and said equipment shall at all time remain under the immediate control, supervision and direction of the client personally. AFTERHOURS: CONFETTI & FOG FX INC $100.00 fee will apply to all orders for pickup or drop-off not within our regular business hours as follows: 8am-5pm Monday-Friday, Closed Saturday, Closed Sunday, Closed Holidays and/or Scheduled Closures. TERMS: Only approved vendors are considered for terms. Invoices are due on DUE DATE; a 10% late fee of the past due invoice will be applied every 30 days the invoice is past due or has an open balance. If a check is returned for any reason, client understands there will be an UNAVAILABLE FUNDS FEE of $100.00 plus any bank fees that are associated with the returned check. A $35 fee will be applied for payment via Wire Transfers. Waiver of Technician/ Release of Liability and Hold Harmless Agreement: I (client) hereby understand and agree to this release of liability, waiver of legal rights, hold harmless agreement and assumption of risk and to the terms hereof as follows; as well as hereby waive the option of a certified CFX technician on site for my (client) event/production. All liability will be assumed by me (client). I (client) take full responsibility for, RELEASE AND HOLD HARMLESS CFX production space, premises, crew, directors, agents, or owners from any and all liability, claims, or causes of action that I (client) may hereafter have for injuries or damages arising out of my participation in the production, included, but not limited to, losses caused by the NEGLIGENCE OF RELEASED PARTIES. I (client) further agree NOT TO SUE OR MAKE CLAIMS against CFX for damages or other losses sustained as a result of any injury, or death, sustained from my participation in the production. I (client) agree to INDEMNIFY AND HOLDTHE RELEASED PARTIES HARMLESS from all claims, judgments and costs including attorney’s fees, incurred in connection with any action brought as a result of participation in the production by any of the undersigned. I (client) hereby expressly recognize that this Release of Liability, Waiver of Legal Rights, Assumption of Risk, and Hold Harmless Agreement is a contract pursuant to which I (client) have released any and all claims against the Released Parties resulting from any injury, or death, sustained from participation in the production, including any claims for negligence of the Released Parties. I (client) further represent that I (client) am at least 18 years of age, I (client) waive and release any and all legal rights that may accrue to me as the result of any injury I (client) may suffer while engaging in the production. EQUIPMENT TRAINING: I (client) acknowledge CONFETTI & FOG FX INC. have provided me with the proper training of the equipment(s) I (client)/we are checking out for rental. I (client) HAVE READ THIS RELEASE OF LIABILITY, WAIVER OF LEGAL RIGHTS, ASSUMPTION OF RISK AND HOLD HARMLESS AGREEMENT AND FULLY UNDERSTAND ITS CONTENTS. I (client) SIGN IT ON MY OWN FREE WILL. I (client) understand “troubleshooting” or “how too” phone calls will result in a charge of $25.00 per minute, and if I (client) require a technician to visit my job site for troubleshooting purposes not related to broken or damaged equipment will result in a charge of $250.00. Full Equipment Replacement Valve plus 10% WILL be charged on the 5th day past the due date.

NEW POLICIES STARTING 01/2020. ALL REQUEST FOR QUOTES, INVOICES, QUESTIONS, RESERVATIONS, ORDERS, ETC, MUST BE SENT TO INFO@CONFETTIANDFOGFX.COM. NO EXCEPTIONS. Confetti & Fog Fx Inc is updating our rental policies starting on 01/2020. All these new policies and terms are firm and applies to EVERYONE NO EXCEPTIONS moving forward. Violation of these policies and terms will result in suspension or termination of terms and/or account. NEW RENTAL, SERVICE, & EXPENDABLE POLICIES: New rental, service and credit card agreement to be kept on file via Docusign / Pandadoc only, no printed or emailed agreements will be accepted. A recent agreement and cc form MUST be completed for all RENTALS after 01/2020. This agreement must include an updated COI naming CONFETTI & FOG FX INC as Additional Insured and Loss Payee for all rentals. All rentals are to be returned on DUE DATE. ONE GRACE DAY will apply for approved vendors only. A daily charge will apply to all rentals not returned within or on the Due Date. All accessories for equipment MUST come back together, if it is incomplete a daily charge will be applied until the missing items are returned. If any equipment is damaged or lost, a replacement charge will be applied plus a 10% restocking fee. NO refunds on expendables. ALL SALES ARE FINAL ON EXPENDABLES AND SPECIAL-ORDER ITEMS. NO assist in loading and unloading of equipment onto any vehicle. It is the responsible of your driver picking up equipment to load or unload equipment as per our new policy. Ratchet straps will no longer be provided but can be rented. All order MUST be paid prior to pick up as the office will be closed. NEW TERMS & PAYMENT POLICIES: All terms on LABOR and EXPENDABLES has been DISCONTINUED, CFX is no longer offering terms on technician labor and expendable supplies. NO EXCEPTIONS. NO RESERVATIONS WILL BE MADE WITHOUT A DEPOSIT Only approved vendors with CFX will be considered for terms. Max allowed terms is 30 days. NO EXCEPTIONS. Violation of terms will resolve in the following. Keeping a CC on file will eliminate risk of violation(s). One Violation per 30 days. 1st Violation - Warning will be issued, 2nd Violation - Warning will be issued, 3rd Violation - Forfeit of premier discount, 4th Violation - Forfeit of terms, Delinquent accounts 60 days past due will be suspended until balance is paid in full. A late fee of 10% of the past due invoice(s) will be applied every 30 days the invoice has an open balance. A $35.00 fee will be applied for all payments made via wire transfer. NO EXCEPTIONS. No terms on sub rented or special-order items. NO EXCEPTIONS. NEW AFTERHOURS FEE, NO EXCEPTIONS ($100.00) will be applies to all orders for pickup not within of regular business hours as follows. 8am – 5pm Monday – Friday, Closed Saturday, Closed Sunday, Closed Holidays and/or Scheduled Closure Dates.

EQUIPMENT & EFFECTS POLICY BELOW DON'T DO WHAT WE WON'T DO

Policy for FOAM PARTIES – Client MUST provide a water supply. (About 110 gallons of water per hour) (Please Note - water softeners act like a de-foamier and will not be conducive to good foam production). The setup should be such that the electrical and water supply will not be interfered with by children or others guests. Client also understands that foam, by nature is wet, and can cause any surface it meets to be slippery, CONFETTI & FOG FX is to be held harmless from any slip and fall into any client, guest, helpers, etc. of the production due to slippery surfaces. Client understands that CONFETTI & FOG FX INC. will maintain foam at a level that is age appropriate by client’s request. CONFETTI & FOG FX INC. may specify a limit on the number of participants at any one time, should the need arise for safety purposes.

Policy for CONFETTI, STREAMERS, ROSE PETAL, TSHIRT, and AIR CANNONS - Client understands the cannon(s) when launched will make a slightly loud BOOM. CONFETTI & FOG FX INC. is not responsible for any fright or damage this may cause. Client(s) and guests will be asked to keep a safe distance from the cannon(s) for their safety and ours. CONFETTI & FOG FX INC. will not launch the cannon(s) until we have determined it to be safe. CONFETTI & FOG FX INC. is not responsible for cleanup of the mess unless specified in this contract. Clean Free Confetti dissolves when fully immersed in water only. If this product is left on a hard surface and becomes wet, it can cause a slip hazard. It is not recommended for use around a swimming pool. Any loose confetti should be cleaned up as soon as possible. If this product is not fully dissolved, it can dry out and bond to surfaces causing a cleanup issue.

Policy for SNOW MACHINES and BUBBLE MACHINE - SNOW and BUBBLE machines can be used indoors and outdoors. CONFETTI & FOG FX INC. will need to be provided with height measurements and floor type of the venue or space where the SNOW machines will be used. If the proper height is not able the floor might become slightly and wet. The use of BUBBLE machines can make the surface slippery and wet. Please ask us for surfaces were this is safe to use on. CONFETTI & FOG FX INC. will not provide service if we feel it is unsafe.

Policy for LOW FOG, FOG, HAZE, and SMOKE - CONFETTI & FOG FX INC. uses DRYICE to make the LOWFOG effect. Client(s) and guests will be asked to keep a safe distance from the DRYICE for their safety and ours. Client(s) Understands the fog can make the surface damp or slippery, and surface visibility can be lost due to the heavy ground fog. CONFETTI & FOG FX INC. is not responsible for any damages this may cause. in order to be able to provide the best low fog effect possible, the A/C, Fans, or wind machines might be off at the time of effect. Any small amount of wind or air will affect the smoke. When using one or more LSG machine with CO2 Dewar, two special effects technicians will be required due to the size and weight of the tanks. Atmospheric fog machines can and will set off the fire alarms, please contact your local fire dept or venue for detail on how to turn off the alarm at the time if effect.

Policy for CO2 Effects- To provide this service CONFETTI & FOG FX INC. uses high-pressure CO2 tanks. These tanks are very heavy and CAN NOT and WILL NOT be carried up stairs or ladder by any CONFETTI & FOG FX INC. personnel. All client(s) and guest are to stay a safe distance from the tanks and the CO2 JETS when they are being discharged. This is extremely cold when discharged and should not be directly discharged on anyone or anything without a safe distance. Client(s) understands the CO2 JETS when discharged are extremely LOUD and extremely COLD (below freezing temperatures), CONFETTI & FOG FX INC. will not provide service if we feel it is unsafe.

Policy for EVENT LIGHTING, LASER & UP LIGHING - CONFETTI & FOG FX will NEVER point any Laser unit directly at any human or animal. Event lighting can become hot at times; CONFETTI & FOG FX has the right and will ask all client(s) and guest to stay a safe distance from the lighting while in use.

Policy for SPARK AND SPARKULAR MACHINES - Sparkular machines should be treated like regular pyro. A 10 feet minimum distance should be between the Sparkular machine and members of the audience. If a talent is to be near the Sparkular machine they should be warned about tits use and they should keep a safe 5 feet distance from the machine. The Sparkular machine is never to be turned over or angled. No one should ever stand on top or over the Sparkular machine while it is in use. Test for smoke alarms should be done prior to any production. never use the Sparkular machine next to flammable objects or spaces, and it is recommended you know the laws for your local jurisdiction. If powder gets into eyes wash out quick with cold water. do not place or let anyone place hands or anybody or object over the Sparkular machine while is use. Common sense is crucial when operating the Sparkular machine. Client must have a valid and up to date Class D fire extinguisher.

Policy for BALLOON DROPS AND EQUIPMENT RIGGING - CONFETTI & FOG FX will NEVER put its technicians in any type of danger, Proper equipment must be used for rigging any equipment over 12ft high. CONFETTI & FOG FX will not rig in any venue that is 12ft or higher without the proper lift and safety equipment. Rigging equipment on a ladder that is 12ft tall or higher is prohibited by any CONFETTI & FOG FX Technician or Employee, rigging equipment of 12ft or higher must be done using a lift provided by the client. Rigging the nets for a balloon drop will fall under the same rules for rigging, no rigging will be done over 12ft using a ladder proper lift and safety equipment must be provided by client. We will not issue refund for service, if you did not provide CONFETTI & FOG FX with the proper equipment to get the job done. CONFETTI & FOG FX INC. must execute its given task of a complete setup of a balloon drop or release net, if setup cannot be completed by CONFETTI & FOG FX INC. because of venue rules and regulations CONFETTI & FOG FX INC. is to be held harmless and excluded regarding any liabilities, problems, or non working effects and services this may encounter due to venue or other regulations which limits CONFETTI & FOG FX INC from completing its task.

Any modification, revision or amendment to these standard terms and conditions will incur a minimum outside attorneys’ fee cost in the amount of $500.00 per hour. This fee will be due and payable on the company’s terms and will be added to the initial or opening order immediately following such modification, revision or amendment, or billed separately if necessary.

 

CONFETTI & FOG FX INC SERVICE AGREEMENT (FOR RENTAL AGREEMENT, SCROLL UP TO RENTAL AGREEMENT ABOVE)

WE DO NOT PICKUP CONFETTI - NO REFUND ON EXPENDABLES, SPECIAL ORDERS, LOGISITICS, AND/OR TECHNICIAN LABOR.

COPY OF THE EXEMPT CERTIFICATE IS REQUIRED IF APPLICABLE.

CONFETTI & FOG FX INC IS NOT REPONISBLE FOR ANY FIRE DEPARTMENT, FIRE INSPECTOR, OR FIRE MARSHALL ARRIVING LATE OR NO SHOW TO EVENT OR PRODUCTION. NO REFUND OR CREDIT WILL BE ISSUED IF SERVICES ARE UNABLE TO BE REDENERD BECAUSE OF THE AHJ.

A 10% LATE FEE WILL BE ADDED TO ALL PAST DUE INVOICES (30 DAYS FROM INVOICE DATE)

This agreement specifies the service between “Client” referring to (Name of Company or Individual) and “CFX” referring to CONFETTI & FOG FX INC for the date(s) specified on the approved order. This agreement serves as an open legal document to all services going forward from the date listed below without an end date unless a written cancellation is provided via email by the client to info@confettiandfogfx.com and approved by CFX. Client agrees to pay CFX the amount stated on the order and invoice for the specific order you are requesting at the time of booking service. CFX agrees that a specified representative will be present to maintain order and all safety precautions of the guest as well as the equipment being used. Client subject to all the terms and conditions of this agreement, in consideration whereof client acknowledges and agrees. TERMS. A) This agreement consists of all the terms and conditions on this page. “Client” means the person(s)/company signing this agreement and any other person or organization to whom charges are billed by CFX at the direction of the person signing, all of whom shall be jointly and severally liable hereunder. “equipment” means the equipment identified in this agreement and all the accessories attached there to or contained therein. a) CFX does not guarantee, assume responsibility, or make any representation for the performance of said equipment outside of manufactures specifications. B) Client shall pay on demand the total sum of all expenses for (a) Time/Days computed at the rates shown on order / invoice issue by CFX. b) Shipping/Freight charges for shipment of equipment and accessories (c) Installation fees if applicable (d) Transportation and accommodations if applicable (e) Owner’s cost, including attorney’s fees, incurred in collecting payments due from client under this agreement (f) Damages and/or service charges in the event of an accident is clients / productions fault and agrees to hold CFX harmless of client wrong doing (g) Damages to equipment or personal property (i) Damages to equipment or property if rental period has expired and equipment is not returned. (m) Client agrees to provide the electrical requirements needed to operate equipment, unless other words agreed upon. D) No right of this agreement may be waived or modified except by written instrument signed by the owner or office staff of CFX. The acceptance of the return of the rented equipment is not a waiver of any claims that it may have against the client, nor a waiver of claims for latent or patent damages to the equipment. The acceptance of any rent or other payment, or any portion thereof, after a default by the client shall not be deemed to operate as a waiver of CFX right to enforce the payment of rent or other payments herein provided for, or to terminate this agreement and recover possession of its equipment. PAYMENT RETURNED CHECKS and LATE PAYMENTS: If a check is returned for any reason, client understands there will be an UNAVAILABLE FUNDS FEE of $100.00 plus any bank fees that are associated with the returned check. Late payments are subject to 10% per month late fee from total invoice. A $35 fee will be applied for all Wire Transfer payments, 3% for any CC Payments, and Zelle payments are free of charge. Client is responsible for all legal fees incurred to collect funds. LABOR: Technician labor is invoiced for a FULL DAY (12 HOURS), $100.00 an hour will be charged for any overtime passed the agreed labor time on the invoice. Credit card or ACH on file could be used as payment for the overtime hours. PARKING: Client assumes responsibly for any parking charges or fees CFX is to pay in order to deliver or provide service for your production. Parking receipt will be available upon request. DELIVERY and SETUP: (Fees do apply) Some equipment is very heavy, and the technician(s) has the right to refuse any delivery if equipment poses an unsafe transport method. No equipment will be transported up any stairs or ladders, until agreed upon prior to finalizing agreement. CO2 tanks are very heavy and CAN NOT and WILL NOT be carried upstairs or ladder by any CFX personnel. Please check with venue on logistics before delivery. EXECUTION OF SERVICES: CFX is to execute its given task of completing a setup, if setup cannot be completed by CFX due to venue/ location rules and regulations CFX is to be held harmless and excluded regarding any liabilities, problems, or non-working effects and/or services this may encounter which will limit CFX from completing its given task. Please feel free to ask us any questions. Equipment rental agreement reads: CFX hereby rents the following equipment listed on the invoice. Client subject to all the terms and conditions of this agreement, in consideration whereof client acknowledges and agrees. REFUNDS: In the event of a refund agreement by Client and CFX management for any reason, no refund will be issued on labor and logistics under no circumstance or for any reason. ATTORNEY FEES: In the event either party files any legal action or suit to compel the performance of any provision of this agreement or to seek an interpretation of any agreement terms, the prevailing party shall be entitled. In addition to costs of attorney fees as determined by a court of competent jurisdiction. ORDER CANCELLATION: The client may cancel the order at any time for any reason FROM THE DATE OF THE ORDER UP TO 21 BUSINESS DAYS BEFORE THE RENTAL DATE. HOWEVER, CONFETTI & FOG FX Inc shall be entitled to retain a $50 processing fee. The remaining deposit amount shall be refunded. Cancellation of an event with less than 21 days remaining to event date will result in forfeiture of the entire 50% deposit made at the time of reservation. CONFETTI & FOG FX INC performs rain or shines. Discretion to reschedule an event due to weather rests with CONFETTI & FOG FX Inc. Minimum cost incurred may apply. In the event of inclement weather, CONFETTI & FOG FX Inc Guarantees performance and client guarantees full payment of contract agreement before the units are shipped. LOST, DAMAGED, & REPLACEMENT COST: Client is liable for full value of equipment and other charges that may become due for any neglect or carelessness on client part in handling equipment or handing over to anyone other than a CFX personnel. A COI (Certificate of Insurance) naming CONFETTI AND FOG FX INC 1085 W 21 PL Hialeah, Fl 33010 as an Additional Insured and Loss Payee is required for all equipment being transported by client or 3Rd party setup by the client. CFX will comply with all Federal, State and Local laws or regulations, and all industry standards. Full replacement cost will apply to any item deemed unsuitable or missing upon return of the order of equipment being transported by client or 3 rd party setup by the client. Replacement costs will be the responsibility of the client. As a result of any lost merchandise, the client forfeits their right to any refunds or reimbursements. The client will also be billed for any excessive cleaning that is needed upon return of the equipment. The decision for replacement, repair costs, cleaning fees is at the discretion of CFX. Replacement cost could be charged to client’s credit card or ACH on file. DEPOSIT FOR HOLD: A security deposit is due at signing to guarantee specified dates and equipment for rental. Deposits are refundable up to 21 days prior to the event. Cancellation within 21 days results in loss of full deposit. Any bookings made within 21 days of an event require an immediate non-refundable 100% deposit. No refunds will be issued if client cancels event within 21 days of event date. The contract balance amount is due before actual shipment of the rental equipment. CFX is not responsible for any cancellations due to weather and/or other events out of our control. Client understands CFX under the extremist’s circumstances has the right to cancel any event, even under a written agreement for any reason; as a result, any monies paid will be fully refunded. Client understands CFX will not release any equipment or provide any service until the full amount has been paid. Paypal Payments: Additional 10% will apply. ALL CHECKS MUST CLEARED TWO WEEKS PRIOR TO EVENT, NO CHECKS WILL BE ACCEPTED TWO WEEKS PRIOR TO EVENT DATE RETURNS & LATE RETURN FEES: Equipment being transported by client or 3rd party setup by the client must be returned in the same quantity, condition, and state that the client received them in, which means all items must be put away and wrapped up nicely inside their box or case. A $75 fee will be added to the total price for a “messy return”. client shall return equipment to CFX in the same condition received, on the return date specified in the contract agreement. A late return fee equal to 100% of the client’s total rental order will be charged each day the rental is late. After five business days late, client will be charged at full replacement cost regardless if equipment is returned to CFX after such time. Late fees or replacement cost could be charged to client’s credit card or ACH on file. PROPERTY. All equipment is the property and remains property of CFX at all times, this is an agreement of rental only. It is expressly agreed that the client is not Owner, agent, servant or employee for any purpose, condition, or circumstance for, or in which the equipment is involved while being operated by the client. a) The client agrees not to pledge, mortgage or in any way encumber the property rented herein. b) The equipment is and shall remain at all times the sole and exclusive property of CFX. The client agrees not to remove or cover the tag or nameplate on the equipment showing ownership by CFX or manufacturer. c) The client shall not under lease, loan or otherwise permit the equipment to be used by any other person, firm or corporation, and said equipment shall at all times remain under the immediate control, supervision and direction of the client personally. AFTERHOURS: CONFETTI & FOG FX INC $100.00 fee will apply to all orders for pickup or drop-off not within our regular business hours as follows: 8am-5pm Monday-Friday, Closed Saturday, Closed Sunday, Closed Holidays and/or Scheduled Closures. TERMS: Only approved vendors are considered for terms. Invoices are due on DUE DATE; a 10% late fee of the past due invoice will be applied every 30 days the invoice is past due or has an open balance. If a check is returned for any reason, client understands there will be an UNAVAILABLE FUNDS FEE of $100.00 plus any bank fees that are associated with the returned check. A $35 fee will be applied for payment via Wire Transfers.

NEW POLICIES STARTING 01/2020. ALL REQUEST FOR QUOTES, INVOICES, QUESTIONS, RESERVATIONS, ORDERS, ETC, MUST BE SENT TO INFO@CONFETTIANDFOGFX.COM. NO EXCEPTIONS. Confetti & Fog Fx Inc is updating our service policies starting on 01/2020. All these new policies and terms are firm and applies to EVERYONE NO EXCEPTIONS moving forward. Violation of these policies and terms will result in suspension or termination of terms and/or account. NEW SERVICE & EXPENDABLE POLICIES: Credit card agreement to be kept on file via DocuSign / Pandadoc only, no printed or emailed agreements will be accepted. A recent agreement and cc form MUST be completed for all agreements after 01/2020. If any equipment is damaged or lost as a resolve of client wrongdoing a replacement charge will be applied plus a 10% restocking fee. NO refunds on expendables. ALL SALES ARE FINAL ON EXPENDABLES AND SPECIAL-ORDER ITEMS. NO assist in loading and unloading of equipment onto any vehicle other than CFX approved vehicles. NEW TERMS & PAYMENT POLICIES: All terms on LABOR and EXPENDABLES has been DISCONTINUED, CFX is no longer offering terms on technician labor and expendable supplies. NO EXCEPTIONS. NO RESERVATIONS WILL BE MADE WITHOUT A DEPOSIT Only approved vendors with CFX will be considered for terms. Max allowed terms is 30 days. NO EXCEPTIONS. Violation of terms will resolve in the following. Keeping a CC on file will eliminate risk of violation(s). One Violation per 30 days. 1st Violation - Warning will be issued, 2nd Violation - Warning will be issued, 3rd Violation - Forfeit of premier discount, 4th Violation - Forfeit of terms, Delinquent accounts 60 days past due will be suspended until balance is paid in full. A late fee of 10% of the past due invoice(s) will be applied every 30 days the invoice has an open balance. A $35.00 fee will be applied for all payments made via wire transfer. NO EXCEPTIONS. No terms on sub rented or special-order items. NO EXCEPTIONS. NEW AFTERHOURS FEE, NO EXCEPTIONS ($100.00) will be applied to all orders for pickup not within of regular business hours as follows. 8am – 5pm Monday – Friday, Closed Saturday, Closed Sunday, Closed Holidays and/or Scheduled Closure Dates

EQUIPMENT & EFFECTS POLICY BELOW DON'T DO WHAT WE WON'T DO

Policy for FOAM PARTIES – Client MUST provide a water supply. (About 110 gallons of water per hour) (Please Note - water softeners act like a de-foamier and will not be conducive to good foam production). The setup should be such that the electrical and water supply will not be interfered with by children or others guests. Client also understands that foam, by nature is wet, and can cause any surface it meets to be slippery, CONFETTI & FOG FX is to be held harmless from any slip and fall into any client, guest, helpers, etc. of the production due to slippery surfaces. Client understands that CONFETTI & FOG FX INC. will maintain foam at a level that is age appropriate by client’s request. CONFETTI & FOG FX INC. may specify a limit on the number of participants at any one time, should the need arise for safety purposes.

Policy for CONFETTI, STREAMERS, ROSE PETAL, TSHIRT, and AIR CANNONS - Client understands the cannon(s) when launched will make a slightly loud BOOM. CONFETTI & FOG FX INC. is not responsible for any fright or damage this may cause. Client(s) and guests will be asked to keep a safe distance from the cannon(s) for their safety and ours. CONFETTI & FOG FX INC. will not launch the cannon(s) until we have determined it to be safe. CONFETTI & FOG FX INC. is not responsible for cleanup of the mess unless specified in this contract. Clean Free Confetti dissolves when fully immersed in water only. If this product is left on a hard surface and becomes wet, it can cause a slip hazard. It is not recommended for use around a swimming pool. Any loose confetti should be cleaned up as soon as possible. If this product is not fully dissolved, it can dry out and bond to surfaces causing a cleanup issue.

Policy for SNOW MACHINES and BUBBLE MACHINE - SNOW and BUBBLE machines can be used indoors and outdoors. CONFETTI & FOG FX INC. will need to be provided with height measurements and floor type of the venue or space where the SNOW machines will be used. If the proper height is not able the floor might become slightly and wet. The use of BUBBLE machines can make the surface slippery and wet. Please ask us for surfaces were this is safe to use on. CONFETTI & FOG FX INC. will not provide service if we feel it is unsafe.

Policy for LOW FOG, FOG, HAZE, and SMOKE - CONFETTI & FOG FX INC. uses DRYICE to make the LOWFOG effect. Client(s) and guests will be asked to keep a safe distance from the DRYICE for their safety and ours. Client(s) Understands the fog can make the surface damp or slippery, and surface visibility can be lost due to the heavy ground fog. CONFETTI & FOG FX INC. is not responsible for any damages this may cause. in order to be able to provide the best low fog effect possible, the A/C, Fans, or wind machines might be off at the time of effect. Any small amount of wind or air will affect the smoke. When using one or more LSG machine with CO2 Dewar, two special effects technicians will be required due to the size and weight of the tanks. Atmospheric fog machines can and will set off the fire alarms, please contact your local fire dept or venue for detail on how to turn off the alarm at the time if effect.

Policy for CO2 Effects- To provide this service CONFETTI & FOG FX INC. uses high-pressure CO2 tanks. These tanks are very heavy and CAN NOT and WILL NOT be carried up stairs or ladder by any CONFETTI & FOG FX INC. personnel. All client(s) and guest are to stay a safe distance from the tanks and the CO2 JETS when they are being discharged. This is extremely cold when discharged and should not be directly discharged on anyone or anything without a safe distance. Client(s) understands the CO2 JETS when discharged are extremely LOUD and extremely COLD (below freezing temperatures), CONFETTI & FOG FX INC. will not provide service if we feel it is unsafe.

Policy for EVENT LIGHTING, LASER & UP LIGHING - CONFETTI & FOG FX will NEVER point any Laser unit directly at any human or animal. Event lighting can become hot at times; CONFETTI & FOG FX has the right and will ask all client(s) and guest to stay a safe distance from the lighting while in use.

Policy for SPARK AND SPARKULAR MACHINES - Sparkular machines should be treated like regular pyro. A 10 feet minimum distance should be between the Sparkular machine and members of the audience. If a talent is to be near the Sparkular machine they should be warned about tits use and they should keep a safe 5 feet distance from the machine. The Sparkular machine is never to be turned over or angled. No one should ever stand on top or over the Sparkular machine while it is in use. Test for smoke alarms should be done prior to any production. never use the Sparkular machine next to flammable objects or spaces, and it is recommended you know the laws for your local jurisdiction. If powder gets into eyes wash out quick with cold water. do not place or let anyone place hands or anybody or object over the Sparkular machine while is use. Common sense is crucial when operating the Sparkular machine. Client must have a valid and up to date Class D fire extinguisher.

Policy for BALLOON DROPS AND EQUIPMENT RIGGING - CONFETTI & FOG FX will NEVER put its technicians in any type of danger, Proper equipment must be used for rigging any equipment over 12ft high. CONFETTI & FOG FX will not rig in any venue that is 12ft or higher without the proper lift and safety equipment. Rigging equipment on a ladder that is 12ft tall or higher is prohibited by any CONFETTI & FOG FX Technician or Employee, rigging equipment of 12ft or higher must be done using a lift provided by the client. Rigging the nets for a balloon drop will fall under the same rules for rigging, no rigging will be done over 12ft using a ladder proper lift and safety equipment must be provided by client. We will not issue refund for service, if you did not provide CONFETTI & FOG FX with the proper equipment to get the job done. CONFETTI & FOG FX INC. must execute its given task of a complete setup of a balloon drop or release net, if setup cannot be completed by CONFETTI & FOG FX INC. because of venue rules and regulations CONFETTI & FOG FX INC. is to be held harmless and excluded regarding any liabilities, problems, or non working effects and services this may encounter due to venue or other regulations which limits CONFETTI & FOG FX INC from completing its task.

Any modification, revision or amendment to these standard terms and conditions will incur a minimum outside attorneys’ fee cost in the amount of $500.00 per hour. This fee will be due and payable on the company’s terms and will be added to the initial or opening order immediately following such modification, revision or amendment, or billed separately if necessary.

 

CONFETTI & FOG FX INC SALES AGREEMENT (FOR SERVICE OR RENTAL AGREEMENTS, SCROLL UP TO SERVICE OR RENTAL AGREEMENTS ABOVE)

NO REFUND ON EXPENDABLES, SPECIAL ORDERS, LOGISITICS, AND/OR TECHNICIAN LABOR. NO TERMS WILL BE ISSUED ON NON RENTAL (SALE) ITEMS OR EQUIPMENT

COPY OF THE EXEMPT CERTIFICATE IS REQUIRED IF APPLICABLE.