NOTICE / WARNING
Under Virginia law, an equine sponsor or professional is not liable for an injury to or the death of a participant in equine activities resulting from the inherent risks of equine activities. VA. CODE ANN. 3.2-6202 Tite 2.1 Agriculture, Horticulture and food chapter 27.5 Equine Activity Liability Act.
Terms and Conditions
Agreement between User and www.ponypartytime.com
Welcome to barnyardonwheels.com. The ponypartytime.com website (the “Site”) is comprised of various web pages operated by KIDZ LLC (dba “Barnyard On Wheels”). BarnyardOnWheels.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of ponypartytime.com constitutes your agreement to all such Terms. Please read these terms carefully and keep a copy of them for your reference.
Definition of Terms:
- Quote – A price quote only – no items or times on hold – items are not guaranteed available until payment or deposit is made or invoice has been sent to client.
- Reservation – A confirmed rental agreement between customer and Kidz LLC (dba Barnyard On Wheels) with deposit being collected or invoice sent for deposit to be paid.
- Remaining Balance- A balance owed to our company and is due to be paid no later than upon our arrival for set up at party or event.
4. Client – the host/hostess or responsible booking person or company
5. Event – a party, event, photography session, prank or any other reason to book our rentals to attend.
6. Rental – A rental or rentals that client has hired or booked with Barnyard On Wheels.
7. Barnyard On Wheels or Kidz LLC = Our Company that you are considering or have booked rental(s) through.
Date Retainer / Deposit Requirements to reserve/Book Rental(s) :
Birthday Party Rentals or other smaller gigs:
Example: Birthday parties, small gatherings, surprised rentals or anyone who was instructed to complete an online reservation form
1. Online reservation is required to book/reserve rentals with our company
2. $100 date retainer/deposit (with surcharge fee) is required and is non-refundable & non-transferable for any reason.
3. Remaining balance is payable and to be collected in CASH, CHECK OR ZELLE no later than our arrival for set up. You may pay your balance at anytime prior to your scheduled reservation date.
4. Late payments are subjected to $25 late fee. (don’t make us chase our payment down)
(ex. churches, schools, festivals, Photography sessions or anyone who was sent an invoice)
1. Invoice will be sent to you. Once the Invoice is sent you, this is your legally binding contract and agreement with us and you are considered booked with our company.
2. ½ of the quoted price is due as a Non-Refundable/ Non-Transferable deposit and date retainer. Deposit is due to be paid no later than 2 weeks after receiving the invoice. You can pay the invoice via debit, credit card or check by mail.
3. The Remaining balance is due no later than upon our arrival for set up at your event.
4. Late payments are subjected to $25 late fee/ per occurrence. (don’t make us chase our payment down)
To Reserve any rental(s) a date retainer/deposit is required.
Any customer can receive a rental quote. A quote is valid for 14 days from the date of issue. A quote Does NOT hold or reserve any equipment or time slots. Customer must either complete a reservation online or receive an invoice via text message or email and pay associated down payment or date retainer/deposit to confirm the rental(s) and create a rental agreement (Reservation) between customer and Kidz LLC (dba Barnyard On Wheels)
All Customers must either initial all contract entries, agree via electronic signature or pay a deposit.
By doing so customer agrees to be bound by the policies and fees associated with the rental order, additional add-on costs, inconvenience fee or late payment fee.
The rental agreement fees charged are for “Normal Condition” setups. Additional fees may be charged if the delivery area is not easily accessible and causes additional time to complete the delivery; considered an “inconvenience charge”. Charges are applied on a case by case basis. Situations that may result in additional fees include, but are not limited to, the required use of elevators, stairs, transport over rough terrain and/or rockscaping, and setup locations that are greater than 100 feet of where the delivery vehicle & trailer can legally and safely park.
By booking the rental(s) that you have personally selected and reserved for the price agreed upon, the client guarantees to Barnyard On Wheels that they can afford and will pay the full amount despite any personal or national, state or global catastrophe. By booking with Barnyard On Wheels and reserving the rentals you’ve selected you the client guarantees (promise) that you can afford these rentals. Personal reasons on why you cannot pay are not valid or accepted. Please rent only what you can afford and have budgeted for.
It is the sole responsibility of the CLIENT to ensure that the rentals or animals are allowed and approved to attend at the location of your choice and have booked. No Refunds, No exchanges, No reschedules, No deposit/date retainer transfer and No cancellation will be given if the location does not allow or approve of the rentals. Full Payment is still owed and payable immediately to Barnyard On Wheels.
RENTAL / ANIMAL REQUEST(s):
We are more than happy to accept requests for a specific animal and will most likely be able to accommodate that request. However, due to schedules, or any other extenuating circumstance, you may not receive the specific animal that was requested. Please rest assured that each and every one of our animals are well kept, well-mannered and eager to please. Due to the nature of animals; no particular animal is guaranteed to attend an event/party. (Luckily this rarely happens). We reserve the right to substitute, change or not include animals for any reason. Our main concern is ALWAYS the health, comfort and safety of our animals
ARRIVAL & LEEWAY:
We are rarely ever late to a scheduled party/event. However, due to increased volume of traffic, inclement weather, and/or highway construction, your party is subject to a 30- minute leeway. In the event the animals are late, they will stay for the allotted time booked with no refund or cancellation being granted on our behalf.
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 :
· No dangerous activities around the animals/rentals.
· No Dogs.
· No bounce Houses near by.
· No balloons that can pop.
· No Noisy items & No loud music.
· No streamers or banners or other items that can be whipped around in the wind to scare or hit an animal.
· 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.
READ and FOLLOW our “Things to know and follow” page here regarding specific details/information on each rental you hire and their requirements to attend your event:
Cancellation & Rescheduling Policy and Fees:
31 Day Notice of Cancellation or to reschedule is Required to avoid fee(s).
Rescheduling will require a new $50 date retainer/deposit to be paid immediately.
Any Deposit(s) / Date Retainer(s) is non-refundable & non-transferable under any circumstance(s).
Cancellations or Rescheduling notice received within the 31-day window of event date will be handled accordingly
- 15-30 Days Notice – A Cancellation Fee of 25% of the Rental Items Will be Charged
- 5-14 Days Notice – A Cancellation Fee of 50% of the Rental Items Will be Charged
- 1-4 Days Notice – A Cancellation fee of 75% of the Rental Items will be charged.
How fee is calculated:
Deposit (-) remaining balance owed (x) Cancellation Fee % = Owed & charged.
* Exceptions – Management reserves the right to make exceptions or allowances to payment and cancellation policies on a case by case basis as deemed necessary. Any and all arrangements must be in email writing and signed by the manager authorizing such arrangements.
Deposit will not be refunded for any reasons other than that Kidz LLC is unable/unavailable to attend.
· Rescheduling due to inclement weather (hail , lightning or flood) on day of the booked event is allowed only if client notifies us at least 3 hours prior to their scheduled event and before we are traveling to the event or have arrived for set up. Otherwise full payment of remaining balance is owed whether services are rendered or not, and payment needs to be collected that day to avoid late fees or collections.
· Natural disaster, Act of War in the city/area, federally mandated pass law to stay home, marshal law is established or quarantine of the city in which the event is booked to take place. Your event will be postponed and rescheduled; deposit(s) will be transferred to another date and time that our company confirms we are available to attend with your recommendation on new date(s) and time(s) you prefer.
Our companies Cancellation & Rescheduling Clause:
The following is a small list (but not limited to) that does not constitutes a valid reason for client to request cancellation or rescheduling of an event. It is unfortunate that there are people who enjoy “lying” to get out of contracts.
· potential low attendance: you will never know how many guests can or cannot attend; it is not our responsibility if you do not have the number of guests that you “prefer” to have attended or rsvp.
· Lack of funding: by booking with our company, the Client guarantees to our company that they have the funds/monies saved and is able to make final payment and that they can afford to pay the amount you have legally agreed to by signature on our agreement with our company.
· A damaged venue or venue/location that will not allow our rentals to attend: Client is responsible for knowing the venue policy prior to booking our services
· Event was cancelled: Client is responsible to ensure the event takes place and run smoothly, not us.
· Medical reasons for anyone in the family except the birthday child: A doctor’s verbal or written verification to our company is required to confirm there is a medical reason that the child cannot attend their own party.
It is the responsibility of the client to insure everything runs smoothly for their event without preventing our company from attending. It is our company’s responsibility to make sure everything runs smoothly on our end and that we attend.
If you violate this clause, full payment will be due and billed immediately to you.
If we violate this clause via no show to your event due to something out of our control on our end, the deposit will be returned and contract cancelled.
How to Cancel or Reschedule your reservation
If you need to cancel or reschedule your appointment, please email us at firstname.lastname@example.org AND text message us at 757-907-7613. All cancellations or rescheduling must be sent to us in writing. We will not accept voicemail or phone call.
Cancellation &/or Rescheduling fees are charged since item(s) have been held, staff put on notice to work, and rentals prepared for the rental order. These fees help recuperate the labor and potential lost rentals for holding the rentals and “loss opportunity” we’ve endured. If payment is not paid accordingly & promptly; the debit/credit card on file will be charged (with Convenience processing fees). If card is declined, you the client will be sent to collections &/or legal action will be perused for full payment owed along with any other fee’s including but not limited to Barnyard On Wheels lawyer(s), court filing fee’s, mediation, etc.
ADDITIONAL INSURED – CERTIFICATE on INSURANCE POLICY
If any person or place requires an additional insurance policy to be purchased for an event/party, we need at least 1 week to process the request through our insurance company. The minimum cost is between $50-100 per additional name. It is your financial responsibility to compensate us and a separate check must be paid to our insurance company immediately upon request of additional/certificate. Made payable to our insurance company. We need ample amount of time to accomplish your request. Failure to request in a timely manner is the sole responsibility of the host/hostess/event representative.
You are responsible for Compliance with Legal and Insurance Requirements. The client is responsible for ensuring that the activities planned pursuant to this Agreement are compliant with all applicable legal and other requirements applicable to the Location, including but not limited to obtaining permits and providing proof of insurance:
If additional insurance or legal work (such as revision of liability release forms) is required, or addition/certificate of named insured parties to Barnyard On Wheels’s policy is required, the Event Host/Hostess shall be responsible for the cost associated therewith.
Claims in excess of $10,000 must utilize the Isle of Wight county Mediation Center Arbitration Process. Any and all disputes of monies forfeited and/or contracts not honored must utilize the Isle of Wight county Mediation Center Arbitration Process with the American Arbitration Association guidelines to be followed. No Matter the findings the cost of the arbitration process are the sole responsibility of client to pay in full or reimburse KIDZ LLC (dba Barnyard On Wheels) for lost cost associated with the arbitration process.
35% fee will be added on for all delinquent accounts sent to collections. This includes nonpayment for cancellations, no shows, rescheduling fee and any owed money as per service provider (Barnyard On Wheels) Terms & policy page.
SLANDER, HARASSMENT, LIABLE OR DEFAMING THE COMPANY REPUTATION:
The event host/hostess, a representative, parent, client, family members and any spectators at your party/event hereby waive the right to bring any claims or complaint of any kind with any court, federal, county, city or other administrative agency; or to defame or disparage, liable or comment regarding Barnyard On Wheels (Kidz LLC), owner’s, managers, animals or any of their agents in any online review, vlog, blog, website, newsletter, email or any social media forum.
CARD PROCESSING, AUTHORIZATION, FEE’S, COLLECTIONS & CHARGES
Barnyard On Wheels reserves the right to charge client card accordingly for deposit payment owed, balance owed (if not paid as agreed upon); rescheduling, fee’s, cancellation payment, additional services or time added to client event/party or charge backs. A inconvenience fee will be applied to accommodate the credit/debit card processor for their services per each charge of card.
No Refunds. Charge backs are not permitted.
A Valid credit card on file is mandatory for all bookings. Declined cards are subjected to $25.00 per decline.
By booking your event/party, you the client authorize Barnyard On Wheels to charge your debit/credit card accordingly. This includes full payment, deposit, no show, cancellation, rescheduling fee, upgrades & add on services, Collection agency payments and additional card processing fees.
Client (you as the booking party) will pay any and all fees (typically 35%) for all delinquent accounts sent to collections. This includes nonpayment for cancellation fee, rescheduling fee, no shows, and any owed money as per our policy page.
You agree to indemnify, defend and hold harmless KIDZ LLC (DBA Barnyard On Wheels), its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. KIDZ LLC (DBA Barnyard On Wheels) reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with KIDZ LLC (DBA Barnyard On Wheels) in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, located in Clark County Nevada. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the company KIDZ LLC (dba Barnyard On Wheels) shall be entitled to recover its costs and reasonable attorney’s fees. No Matter the findings the cost of the arbitration process are the sole responsibility of client to pay in full or reimburse KIDZ LLC (dba Barnyard On Wheels) for lost cost associated with the arbitration process. The parties agree to arbitrate all disputes and claims in regard to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and KIDZ LLC (dba Barnyard On Wheels) agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
No Unlawful or Prohibited Use/Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of KIDZ LLC (dba Barnyard On Wheels)or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. KIDZ LLC (dba Barnyard On Wheels) content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of KIDZ LLC (dba Barnyard On Wheels) and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of KIDZ LLC (dba Barnyard On Wheels ) or our licensors except as expressly authorized by these Terms.
Children Under Thirteen
KIDZ LLC (dba Barnyard On Wheels) does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use ponypartytime.com only with permission of a parent or guardian.
Links to Third Party Sites/Third Party Services
ponypartytime.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of KIDZ LLC (dba Barnyard On Wheels) and KIDZ LLC (dba Barnyard On Wheels) is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. KIDZ LLC (dba Barnyard On Wheels) is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by KIDZ LLC (dba Barnyard On Wheels) of the site or any association with its operators.
Certain services made available via ponypartytime.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the ponypartytime.com domain, you hereby acknowledge and consent that KIDZ LLC (dba Barnyard On Wheels) may share such information and data with any third party with whom KIDZ LLC (dba Barnyard On Wheels) has a contractual relationship to provide the requested product, service or functionality on behalf of ponypartytime.com users and customers.
barnyardonwheels.com is an Rental company and/or E-Commerce Site.
Barnyard On Wheels (Kidz LLC) Party Rentals is committed to protecting the privacy of our customers. We may collect personally identifiable data when you visit our website. Data may include browser information, IP addresses, cookie information, and the page(s) visited during your visit. Barnyard On Wheels will not sell, distribute, or in any way compromise the integrity of the data collected. Data collected will only be used for internal purposes which may include modifications to website performance, production and distribution of promotional materials, and overall review of visitors interests.
Visiting barnyardonwheels.com or sending emails to KIDZ LLC (dba Barnyard On Wheels) constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that KIDZ LLC (dba Barnyard On Wheels) is not responsible for third party access to your account that results from theft or misappropriation of your account. KIDZ LLC (dba Barnyard On Wheels) and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Severability. If any provision of this Agreement or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this Agreement which can be given effect without the invalid provision or application. In lieu thereof there shall be added a provision as similar in terms to such illegal, invalid and unenforceable provision as may be possible and be legal, valid and enforceable.