Firefly Slumber Parties: Terms & Conditions
Unless expressly excluded or waived by the Company in writing, the Terms and Conditions set forth below apply to all contractual agreements and transactions between the Company and the Client. By entering your name and clicking below and paying the required deposit or the total cost of the Party, you are expressly agreeing to these Terms and Conditions.
“The Company” is McGraw Management, LLC d/b/a Firefly Slumber Parties DFW and Four Percent, LLC.
“The Client” is the person who enters their name and marks “I AGREE” below..
“The Party” means the date and time the Company agrees to provide the requested Equipment.
“The Equipment” means the tents and furnishings provided by the Company for the Party.
2. Deposit & Booking
A deposit of 50% of the total Party estimate will be required at the time of booking. The remaining balance, applicable fees for lost or damaged items, must be paid no later than 24 hours after the Party date.
3. Cancellation or Reschedule
If Client cancels Party no less than eight (8) days prior to the Party date, a full refund will be provided. No refund or credit will be given for cancellations made within seven (7) days of the Party date, except in extenuating circumstances as determined and accepted by Company in writing and in their sole discretion.
Upon receipt of a booking request, the Company will confirm availability and issue an invoice for the Party deposit amount. Bookings are confirmed once the deposit has been received and Client agrees to these Terms and Conditions. Dates are not held and cannot be guaranteed before receipt of deposit. To the extent permitted by law, any unpaid amount due in connection with the Party or the Equipment will accrue interest in the amount of 1% per month. We accept all major credit / debit cards, including Mastercard, Visa, Discover and American Express. Payment is processed by Stripe.
5. Delivery, Set Up, and Pick Up
The Client will be present , or have a representative present, at the Party location to accept delivery of the Equipment and be present at pick up. The Client is responsible for the following:
Ensure that the party area has sufficient space to set up the Equipment.
Provide a driveway or area for unloading the Equipment from the delivery vehicle.
Clear the party area of all furniture and ensure that the floors are clean, in advance of the Equipment arrival.
Indicate the location of assembly and/or dismantling of Equipment. The Company will take every care but shall not be liable for any damages to the site.
Inspect the Equipment and notify the Company immediately if there are any issues with any items, including missing or damaged items, so that the Company may correct the issues.
Supervise any children using the Equipment during the Party.
Ensure the party room is pet and smoke-free during the Party.
If at any time during the Party the Client considers the Equipment to be faulty, it is the Client’s responsibility to contact the Company by telephone to report the problem. The Company reserves the right to repair or replace the Equipment as soon as is reasonably possible..
The Company will not be liable for any injuries, loss, damage or expenditure incurred by the Client due to faulty equipment for any reason whatsoever.
6. Choice of Law / Jurisdiction
Any dispute shall be governed by the laws of the State of Tennessee, without regard to its choice of law or conflicts of law provisions. The parties consent to the personal jurisdiction of all such courts in Williamson County, Tennessee. Should the Company hire a lawyer to enforce any of Company’s rights set forth in these Terms and Conditions, including but not limited to the Payment provisions, and any other legal right it may have, Client will be responsible for and agrees to pay Company’s reasonable attorneys fees and the costs of any such action or claim.
COMPANY MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE EQUIPMENT FOR ANY PURPOSE. IT IS PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY, SO PORTIONS OF THIS DISCLAIMER MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY BY JURISDICTION.
8. Limitation of Liability
TO THE EXTENT PERMITTED BY APPLICABLE LAW, COMPANY, ITS OWNERS, EMPLOYEES, AGENTS, FRANCHISORS, SUPPLIERS, OR CONTRACTORS, WILL NOT BE LIABLE TO CLIENT FOR ANY INCIDENTAL, INDIRECT, CONSEQUENTIAL, OR SPECIAL DAMAGES AND UNDER NO CIRCUMSTANCE WILL COMPANY’S LIABILITY EXCEED THE AMOUNT CLIENT HAS PAID.
FURTHER, COMPANY, ITS OWNERS, EMPLOYEES, AGENTS, FRANCHISORS, SUPPLIERS, OR CONTRACTORS, DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND AS TO THE AVAILABILITY, ACCURACY, OR CONTENT OF ANY INFORMATION, SERVICES, OR PRODUCTS OBTAINED THROUGH COMPANY WEBSITE OR SOCIAL MEDIA ACCOUNTS.
9. Damage Reimbursement
The Client is responsible for the care of the Equipment after installation, and until it is removed by the Company. If Equipment is damaged beyond repair, lost, or stolen, the Client agrees to reimburse the Company for damage or replacement (other than ordinary wear and tear resulting from anticipated, reasonable and proper use).
Equipment returned in an excessively dirty condition, resulting in the Equipment requiring a complete deep clean will incur a minimum cleaning charge of $100. This could include, but is not limited to, spillage of fluids, food, animal hair, pen marks, nail polish, vomit, urine, and other stains and unpleasant odors including cigarette smoke.
10. Indemnity and Hold Harmless
NEITHER COMPANY NOR ANY OF ITS DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, REPRESENTATIVES, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, FRANCHISORS, OR LICENSORS SHALL BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES; LOSS OF DATA, INCOME, OR PROFIT; OR LOSS OR DAMAGE TO PROPERTY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, OUR EQUIPMENT. COMPANY LIABILITY SHALL BE LIMITED TO, IF APPLICABLE, PROVIDING CLIENT WITH A REFUND FOR ANY FUNDS PAID OR DEPOSITED WITH COMPANY. CLIENT SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE TO DISCONTINUE USE OF THE EQUIPMENT AND TO TERMINATE THIS AGREEMENT. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES OR OF IMPLIED WARRANTIES, IN SUCH STATES AND JURISDICTIONS LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Except as expressly otherwise provided in writing, Client shall indemnify and hold Company, its owners, employees, agents, franchisors, suppliers, and/or contractors harmless from and against any and all claims, demands and liabilities, of every kind and nature (including, but not limited to, reasonable attorneys’ fees) in favor of any person, whether by way of damages or otherwise, arising from (a) any acts or omissions of the Client, its employees, agents, invitees, and contractors; and (b) injury or death of persons or damage to property occurring by use, installation, removal or presence of Equipment or Company staff, employees or contractors or in any manner directly or indirectly arising out of or in connection with the delivery, installation, use, presence,removal, or condition of the Equipment or any part thereof by Client or their invitees (excepting, however, in each case any such injury, death, or damage arising out of Company’s gross negligence or willful misconduct).
All Equipment remains at all times the property of the Company.
The Company will never pass on, sell or distribute Client information to any third party.
All material on the Company website and on social media pages including photographs, design, layout and graphics are owned by the Company and are copyrighted. Unauthorized use is prohibited.
If any of the Terms and Conditions are found to be invalid or unenforceable under applicable law, the remainder of the Terms and Conditions, or the application of the same to persons or circumstances other than those to which it is held invalid or unenforceable, shall not be affected thereby, and each Term and Condition shall be valid and shall continue in full force and effect.
The Company reserves the right to amend their website and these Terms and Conditions at any time, without prior notice. Any questions about these Terms and Conditions may be directed to firstname.lastname@example.org.
Effective February 1, 2022