Terms and conditions

Arrival: Decorating Staff will arrive onsite as specified by the client.  We cannot be held responsible for delays (or incomplete décor) if not allowed a reasonable amount of time to complete décor services as described in this agreement.       

Disposal: Breakdown and haul-away services will only be provided if Modern Air Company, Inc. provided a rental service of a backdrop or other item. Balloon garlands will not be broken down or picked up.

Material Guarantee: Modern Air Company, Inc. reserves the right to make any last minute changes (at our discretion based on availability of materials at time of event). We reserve the right to substitute an item of like kind and quality.  

Accident Clause: We are not responsible for accidents or injuries related to our decor that is caused by mischief or mishandling by the client, guests or site staff.  Please, do not allow guests to put the latex balloons into their mouths.  Be aware that some Children and Adults have allergic reactions to latex.  These Children/Adults should refrain from having contact with the latex balloons.  We are not responsible for any reason for damage to the walls that may be suffered by the decoration when we are setting up. Float time may vary based on temperature, environment, and handling. Longevity is not guaranteed for any balloon taken outside. Cold air, hot air, high humidity, changing barometric pressure, high altitudes, and moving air from fans and vents will reduce balloon float times. Direct sunlight may make balloons pop, and cold environments may shrink them. Changes in the environment and temperature, or micro-tears from faulty manufacturing can cause deflation and popping. 

Inclement Weather Clause: Modern Air Company, Inc. shall not be responsible should weather conditions make it impossible to perform décor service (as described in this agreement).  This includes (but is not limited to) strong winds, rain or SNOW STORMS. However, if inclement weather prevents installation of agreed décor, A FULL REFUND MINUS DEPOSIT WILL BE ISSUED PROMPTLY, BUT AVAILABLE TO USE AT ANOTHER TIME. In case of bad weather, you could notify us and change the decoration date with 72 hours in advance.  
 

Outdoor Décor Clause:  We use only the highest quality products and make every possible effort to ensure that your décor will meet or exceed your expectations.  However, due to the general nature of balloons, we cannot guarantee that that the balloons will remain perfect and intact when used outdoors.  If inclement weather conditions make it difficult or impossible to produce as specified we will do our best to be flexible with providing décor alternatives.  It is clearly understood that there will be no refunds or discounts for loss, breakage or failure to produce due to factors outside and beyond our control.  

Permitted Uses of Product(s): Modern Air Company, Inc. reserves the right to take photos of finished product and use for marketing and advertising purposes included, but is not limited to, social media, mailers, website, etc.

Maximum Damages. Client agrees that the maximum amount of damages he or she is entitled to in any claim relating to this Agreement or Services provided in this Agreement are not to exceed the Total Cost of Services provided by Provider.

Cancellation, Rescheduling of Services or No-Show Client. We have a 1 week cancellation policy on all orders, which means you must contact us at least 7 days in advance of your order's pick-up or delivery time and date in order for us to process your cancellation, and only 50% of the amount paid will be refunded. After this period has passed, the order becomes final and non refundable due to the fact that Modern Air Company, Inc. has committed to purchasing inventory, started production and reserved a delivery slot.

Force Majeure. Notwithstanding the above, either party may choose to be excused of any further performance obligations in the event of a disastrous occurrence outside the control of either party, such as, but not limited to:

1. A natural disaster (fires, explosions, earthquakes, hurricane, flooding, storms or infestation); or
2. War, Invasion, Act of Foreign Enemies, Embargo, or other Hostility (whether declared or not); or
3. Any hazardous situation created outside the control of either party such as a riot, disorder, nuclear leak or explosion, or act or threat of terrorism.

Failure to Perform Services. In the event Provider cannot or will not perform its obligations in any or all parts of this Agreement, it (or a responsible party) will:

1. Immediately give Notice to Client as soon as possible
2. Issue a refund
3. Excuse Client of any further performance and/or payment obligations in this Agreement.