“NOTICE / WARNING In line with Virginia law, individuals sponsoring or involved in equine activities are not legally responsible for injuries or participant deaths resulting from inherent equine risks. This regulation is under VA. CODE ANN. 3.2-6202 Title 2.1, Agriculture, Horticulture, and Food, Chapter 27.5, Equine Activity Liability Act.

Terms and Conditions Agreement between You and barnyardonwheels.com

Welcome to barnyardonwheels.com. Our website (the “Site”) is run by KIDZ LLC (dba “Barnyard On Wheels”). Using barnyardonwheels.com means you agree to these terms, conditions, and notices (the “Terms”). Please read them carefully and keep a copy for reference.

Definitions:

• Quote: A price estimate, items are secured with payment or deposit.

• Reservation: Confirmed rental agreement, requires deposit or invoice payment.

• Remaining Balance: Amount due on setup day.

• Client: Host, booking person or company.

• Event: Party, photography, etc., where rentals are needed.

• Rental: Equipment rented from Barnyard On Wheels.

• Barnyard On Wheels or Kidz LLC: Our Company.

Booking and Payments:

• Online reservation needed.

• Deposit required to secure booking.

• Remaining balance payable in cash, check, cash app, venmo or Zelle upon our arrival and prior to setup.

• Late payments subject to $25 fee.

Reservation Policies:

• Retainer/deposit required for reservation and non-refundable.

• Quote valid 14 days, doesn’t reserve items.

• Complete reservation online or via invoice to secure rental.

• Initial contract entries, electronic signature, or deposit required.

Additional Fees:

• Extra fees for complex set ups. Animals must be able to be set up directly next to where truck and trailer can easily pull up and get back out.

• Animals do not walk up or down stairs. They do not go into buildings. They do not ride in Elevators, etc. They do not travel far from our trailer.

• Booking implies a commitment to pay, despite circumstances.

Location and Requests:

• Client responsible for venue approval and require to read all our requirements and watch our video on how we set up and parking required.

• No refunds for disallowed venues or locations. No Refunds for not reading or watching our requirements on where we WILL or WILL NOT set up.

• Specific animal requests may not always be guaranteed.

Arrival and Setup:

• Animals may have a 30-minute leeway. There are traffic and weather conditions out of our control, be prepared that this might happen. No refunds. We will still stay the allotted time hired.

• Animals need to be placed in the easiest accessible area at your event/party/location. Our Truck and Trailer need to pull directly up to the area for set up.

• We do NOT back the trailer down short or slanted driveways, nor do we back down into tight spots or areas where we may get stuck.

• The truck and trailer must be able to pull directly up to the area and we set up the animal pen off the trailer.

• We do not set up in backyards where we can not pull directly into and drive back out. We mostly set up in front yards or wide open spaces.

• The animals will be set up in the area that we deem best and closest to truck and trailer parking. We do not “drag” animals, fencing or our equipment anywhere far from the trailer.

• Extra early setup requests will incur an extra charge.

• The Animals’ wellbeing is always a priority.

• Due to the nature of animals, no particular animal is guaranteed to attend. We reserve the right to substitute, change or not include animals for any reason. No bnRefunds. these).

Watch this video for visual examples of how we will set up

Extra Charge Alert: If there is no other choice/option/area that Barnyard on Wheels deems is the best fit at your location, an additional $50 fee will be collected prior to set up. You must inform us in advance for this option so we hire extra staff to help or arrive extra early to accommodate. Email your request and send a video of the area to 757-907-7613.

OTHER FEE’S

A fee will be applied for any special requests such as but not limited to, requesting specialty permit(s) in order for us to attend at a location, COI on the insurance policy, asking for different fencing to be used to contain the animals or other equipment, requesting extra early arrival for setting up, requesting we visit the location prior to the event date for viewing or requesting anything that we have not offered in writing on our website or via email that we state is included with the rentals you are hiring.

• Events: There is an additional charge, not included in the event bid if you require us to be set up/or have our vehicles in place, for any reason any more than ½ hour prior to event start time. The charge is $50 per half hour and is payable prior to your event/party.

RULES AROUND ANIMALS/RENTALS (in-part) :

· No dangerous activities around the animals/rentals. · No Dogs. · No bounce Houses near by. · No balloons that can pop placed next to animals. · No Noisy items & No loud music next to the animals. · No streamers or banners or other items that can be whipped around in the wind to scare or hit an animal placed next to the animals. · All Rentals must be placed/located at your location where Barnyard On Wheels agrees to put them, we have the first and final say on where they go.

· Working water facet/sink/hose must be on location and easily found to give animals water.

· You must provide shade/tent during hot or rainy days.

· All verbal rules given by our staff/animal handlers and written/posted rules at your location must be followed or Barnyard On Wheels reserves all rights to stop services or pack up with out a refund at any time.

You are responsible for READING and FOLLOWING our “Things to know and follow” page here regarding specific details/information on each rental you hire and their requirements to attend your event: https://barnyardonwheels.com/things-to-know-follow/ (This webpage is on our website called Q&A)

Cancellation and Rescheduling Policy:

Cancellation and rescheduling of bookings are subject to the following guidelines:

1. Cancellation Notice: To avoid any cancellation fees, a minimum of 31 days’ notice is required.

2. Deposit Non-Refundable: Any deposit or date retainer is non-refundable and non-transferable under all circumstances.

3. Cancellation Fees:

Cancellations or rescheduling within the 31-day window before the event date will incur the following fees based on the notice period:

• 15 to 30 Days Notice: A cancellation fee of 25% of the rental items will be charged.

• 5 to 14 Days Notice: A cancellation fee of 50% of the rental items will be charged.

• 1 to 4 Days Notice: A cancellation fee of 75% of the rental items will be charged.

4. Calculation of Fee:

The cancellation fee is calculated as follows:

• Fee = (Deposit – Remaining Balance) x Cancellation Fee %

5. Exceptions: The management reserves the right to consider exceptions or allowances to payment and cancellation policies on a case-by-case basis. Any arrangements must be documented via email and signed by the manager authorizing such changes.

6. Refunds for Deposit: The deposit will only be refunded if Kidz LLC (dba barnyard on wheels) is unable or unavailable to attend the event.

Rescheduling:

1. Rescheduling due to inclement weather (such as hail, lightning, or flood) on the day of the booked event is allowed, provided the client informs us at least 48 hours before the scheduled event and before our team begins traveling to the event location.

2. While deposits are non-refundable, Backyard on Wheels may, upon careful consideration of circumstances, allow an event or party to be rescheduled to a future date due to inclement weather. This decision will be based on our best judgment of the weather situation.

3. 48-Hour Notice:

We require a minimum of 48 hours’ notice to postpone and reschedule an event. The deposit will then be transferable to a future date and time that aligns with our availability. Clients have up to 1 year (365 days) from their original reserved event date to utilize the deposit for the rescheduled event.

4. Lack of Advanced Notice:

If our team has already loaded animals, is en route to the event, on-site setting up, or working the event, the deposit becomes non-refundable and non-transferable. Any payments collected will also be non-refundable and non-transferable. You card will be charged according to our cancellation fee policy outlined above.

5. Short Notice Rescheduling: Rescheduling with less than 48 hours’ notice will require a new deposit to be made.

6. Availability: All rescheduling requests are subject to our availability.

These policies aim to provide a clear understanding of our cancellation and rescheduling procedures, ensuring fairness and transparency in our interactions with clients. Please review and follow these guidelines for a smooth event planning experience

Force Majeure and Event Changes Clause: In situations such as natural disasters, acts of war in the city/area, federally mandated stay-at-home orders, establishment of martial law, or quarantine of the city where the booked event is scheduled, the event will be rescheduled. Deposits will be transferred to a new date and time, based on our company’s availability and your preferred options.

Cancellation & Rescheduling Terms:

The following examples, while not exhaustive, do not qualify as valid reasons for event cancellation or rescheduling. We acknowledge the potential for fraudulent attempts to evade contractual commitments.

• Potential Low Attendance: We are not responsible for meeting specific guest numbers or RSVPs.

• Lack of Funding: By booking, the Client affirms financial readiness to fulfill payment obligations.

• Venue Compatibility: It is the Client’s duty to understand and adhere to venue policies before confirming our services. It is the Clients duty to ensure that our requirements to attend are meet.

• Event Cancellation: The Client bears responsibility for event occurrence; our role activates upon event commencement.

• Medical Reasons (Excluding Birthday Child): Medical-related non-attendance requires a doctor’s confirmation.

Client Responsibility and Our Assurance:

The Client ensures smooth event execution without impeding our participation. Our commitment is to deliver seamless service and attendance. Consequences of Violation: Client breach triggers immediate billing for the full payment amount. Our failure, due to uncontrollable factors, resulting in a no-show, leads to deposit refund and contract termination.

Cancellation or Rescheduling Process:

Send cancellation or rescheduling requests via email to barnyardonwheels@hotmail.com and text message to 757-907-7613. All requests must be in writing; voicemails or calls will not be accepted ·

Additional Insured – Insurance Certificate Clause:

If any person or venue requires an additional insurance policy to be procured for an event or party, we must be notified at least one week in advance to facilitate the request through our insurance provider. The anticipated cost typically ranges between $50 and $100 per additional name. The financial responsibility for this requirement rests with you, and a separate payment in the form of a check must be promptly issued to our designated insurance company upon request for additional coverage or certificates. This check should be made payable directly to our insurance company. A reasonable amount of lead time is essential to adequately address your request. Failure to submit the request in a timely manner shall be the sole responsibility of the event host/hostess or their appointed representative.

Compliance with Legal and Insurance Obligations:

You are solely responsible for ensuring compliance with all applicable legal and insurance obligations. This includes verifying that the planned activities outlined in this Agreement conform to all relevant legal and regulatory requirements associated with the designated event Location. This encompasses, without limitation, the acquisition of requisite permits and the provision of verifiable proof of insurance. In the event that circumstances dictate the need for supplementary insurance, legal modifications (such as revisions to liability release forms), or the inclusion/certification of named insured parties on Barnyard On Wheels’s insurance policy, any related expenditures shall be the sole responsibility of the Event Host/Hostess

Dispute Resolution:

For any disputes involving a value of $10,000 or less, relating to monies forfeited or contracts not honored, they must be filed in the Isle of Wight County Small Claims Court. Claims exceeding $10,000 will be subject to the Isle of Wight County Mediation Center Arbitration Process. All disputes related to monies forfeited or contracts not honored must follow the Isle of Wight County Mediation Center Arbitration Process, adhering to the guidelines of the American Arbitration Association. The client is responsible for covering the costs associated with the arbitration process, regardless of the outcome.

Collections:

Accounts sent to collections due to delinquency will incur a 35% fee. This includes nonpayment for cancellations, no-shows, rescheduling fees, and other owed amounts as outlined in our Terms & Policy page.

Slander, Harassment, and Defamation:

By participating in the event, you waive the right to bring any claims against us in any court or administrative agency, or to defame, disparage, or make any negative comments about Barnyard On Wheels (Kidz LLC), its owners, managers, animals, or agents through online reviews, blogs, websites, emails, or social media platforms.

Card Processing, Authorization, and Charges:

Barnyard On Wheels reserves the right to charge your card for deposit, balance, rescheduling fees, cancellation fees, additional services, and other charges as outlined in our policies. A convenience fee will be applied for each card transaction. Chargebacks are not permitted. A valid credit card on file is required for all bookings, and declined cards will incur a $25 fee per decline.

Indemnification:

You agree to indemnify and hold harmless KIDZ LLC (DBA Barnyard On Wheels), its officers, directors, employees, agents, and third parties from any losses, costs, liabilities, and expenses, including attorney’s fees, arising from your use of the Site or services, violation of terms, violation of third-party rights, or violation of laws. Arbitration: In case of unresolved disputes, arbitration shall be conducted in Isle of Wight county, following the American Arbitration Association’s rules. The cost of arbitration is the client’s responsibility. Class actions are not allowed.

Use of Site and Intellectual Property:

You are granted a non-exclusive license to access the site for personal use only. You agree not to use the site for unlawful purposes or in a way that damages the site or interferes with others’ use. All content on the site is owned by KIDZ LLC (dba Barnyard On Wheels) and protected by copyright laws. Children Under Thirteen: The site is not intended for children under thirteen. Use by individuals under eighteen requires parental permission. Links to Third-Party Sites/Services: Links on the site to external websites are provided for convenience and do not imply endorsement. Services from third-party sites are subject to their terms.

Privacy: Your use of the site is subject to our Privacy Policy, which governs data collection and usage. Electronic Communications: By using the site, you consent to receive electronic communications, including emails, which fulfill legal communication requirements.

Your Account: Maintain the confidentiality of your account, and you are responsible for all activities under it. KIDZ LLC (dba Barnyard On Wheels) reserves the right to refuse service, terminate accounts, or edit content at its discretion.

Severability: If any provision is held invalid, other provisions will remain in effect. An alternative provision will be added to maintain legality, validity, and enforceability.”

Merchant Policies