1. SERVICES COVERED
Solidum CreationS provides DIY/grab-and-go balloon garlands, balloon garlands paired with rental arches, and rental equipment, including arches, stands, and backdrops (collectively, the “Products and Rental Equipment”).
Products may be purchased or rented separately or together as part of a package.
Unless installation services are expressly purchased and confirmed in writing, all balloon garlands are provided for Customer's own transportation, installation, attachment, adjustment, monitoring, and removal.
Customer is responsible for determining whether the installation method and location are appropriate and safe.
Arch, Stand & Backdrop Rentals
When Customer rents an arch, stand, or backdrop, Customer is responsible for its safe transportation, assembly (if applicable), positioning, stabilization, use, and return after possession transfers.
If Customer attaches a balloon garland to a rented arch, stand, or backdrop, Customer assumes responsibility for selecting and using appropriate attachment materials and methods, ensuring the combined display is stable, and preventing it from tipping, shifting, falling, or causing injury or property damage.
Customer must not exceed the rental equipment's intended use or reasonable load capacity, modify the equipment, or use it in a manner that creates an unreasonable safety risk. Customer must not climb on, sit on, or allow children or guests to climb on rental equipment.
2. TRANSFER OF POSSESSION
For pickup orders, responsibility transfers when the Products and Rental Equipment are handed to Customer or Customer's authorized representative.
For delivery orders, responsibility transfers when the order is delivered to the agreed location and handed over or placed as agreed. Delivery does not include assembly or installation unless separately confirmed in writing.
After possession transfers, Customer is responsible for the Products and Rental Equipment, including any combined balloon-and-arch display, subject to applicable law and the terms of this Agreement.
Solidum Creations SHALL NOT BE RESPONSIBLE FOR LOSS, DAMAGE, OR INJURY ARISING AFTER POSSESSION TRANSFERS, EXCEPT TO THE EXTENT SUCH LIMITATION IS PROHIBITED BY APPLICABLE LAW.
3. ASSUMPTION OF RISKS AND RELEASE
Customer acknowledges that balloon garlands, arches, stands, and backdrops may tip, shift, fall, break, or become unstable if improperly assembled, positioned, secured, attached, transported, or used.
Customer assumes the risks associated with Customer's possession, transportation, assembly, installation, attachment, use, movement, storage, and removal of the Products and Rental Equipment after possession transfers.
To the fullest extent permitted by Texas law, Customer agrees to the assumption-of-risk, release-of-liability, indemnification, and limitation-of-liability provisions contained in this Agreement. Nothing in this Agreement waives liability that cannot legally be waived.
4. CUSTOMER'S INSTALLATION RESPONSIBILITIES
Customer assumes full responsibility for:
Selecting the installation location;
Determining whether the location is suitable;
Selecting appropriate attachment materials and methods;
Properly securing the balloon garland;
Preventing the installation from falling or becoming unstable;
Keeping balloons away from unsafe areas;
Preventing interference with exits, doors, stairs, walkways, fans, lighting, sprinklers, electrical fixtures, and other equipment;
Monitoring the installation;
Protecting children, pets, and guests;
Safely removing the installation; and
Disposing of balloons and installation materials.
Customer is responsible for any damage caused by Customer's installation or removal methods, including damage to walls, ceilings, paint, wallpaper, furniture, fixtures, floors, doors, windows, or other property.
5. BALLOON RISKS
Customer understands that balloons and balloon garlands involve inherent risks, including but not limited to:
Unexpected popping;
Falling balloons;
Balloon fragments;
Choking hazards;
Strings, ribbon, or other materials becoming tangled;
Latex exposure or allergic reactions;
Eye or skin injuries;
Startling noises;
Balloons interfering with doors, walkways, exits, fans, fixtures, or equipment;
Damage resulting from installation or removal; and
Injury or damage caused by improper use or handling.
Customer is responsible for supervising children, pets, guests, and other persons around the installation.
6. OUTDOOR & ENVIRONMENTAL CONDITIONS
Customer understands that balloons may be affected by:
Heat • Sunlight • Wind • Rain • Humidity • Cold • Moisture • Temperature changes
These conditions may cause balloons to expand, contract, deflate, discolor, weaken, or pop.
Solidum Creations does not guarantee balloon performance or longevity under outdoor or uncontrolled conditions.
Customer assumes responsibility for determining whether outdoor use is appropriate.
7. LATEX ALLERGIES
Balloon products may contain latex.
Customer is responsible for determining whether the products are appropriate for Customer and any persons who may come into contact with them.
Solidum Creations does not guarantee that its products are suitable for individuals with latex allergies or sensitivities.
8. RENTAL STANDS & BACKDROPS
Rental equipment remains the responsibility of Customer from the time possession transfers until it is returned to Solidum Creations.
Customer agrees to:
Use equipment only for its intended purpose;
Inspect equipment upon receipt;
Notify Solidum Creations promptly of visible damage or defects;
Not climb on equipment;
Not move equipment from where it's originally placed;
Not allow children or guests to climb on equipment;
Not drill, cut, paint, glue, or permanently modify equipment;
Not use equipment as a ladder, seat, table, or play structure;
Protect equipment from unreasonable force, weather, and misuse; and
Return all equipment and components on time and in substantially the same condition received, ordinary wear and tear excepted.
DAMAGE / LOSS
If a rental item is lost, stolen, destroyed, or damaged beyond reasonable repair while in Customer's possession, Customer will forfiet the $15 security deposit per affected rental item.
8. ASSUMPTION OF RISK
CUSTOMER KNOWINGLY AND VOLUNTARILY ASSUMES THE RISKS ASSOCIATED WITH THE POSSESSION, TRANSPORTATION, HANDLING, INSTALLATION, USE, STORAGE, MOVEMENT, AND REMOVAL OF THE PRODUCTS AND RENTAL EQUIPMENT AFTER POSSESSION TRANSFERS.
Customer understands that these risks may include personal injury, property damage, allergic reactions, balloon popping, falling decorations, and damage to rental equipment.
9. RELEASE OF LIABILITY
IMPORTANT — PLEASE READ CAREFULLY
TO THE FULLEST EXTENT PERMITTED BY TEXAS LAW, CUSTOMER RELEASES AND DISCHARGES Solidum Creations, ITS OWNERS, MEMBERS, EMPLOYEES, CONTRACTORS, AGENTS, REPRESENTATIVES, AND AFFILIATED PERSONS FROM CLAIMS, DEMANDS, DAMAGES, LOSSES, LIABILITIES, COSTS, OR EXPENSES ARISING OUT OF OR RELATING TO CUSTOMER'S POSSESSION, TRANSPORTATION, HANDLING, INSTALLATION, USE, STORAGE, MOVEMENT, OR REMOVAL OF THE PRODUCTS OR RENTAL EQUIPMENT AFTER POSSESSION HAS TRANSFERRED TO CUSTOMER.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THIS RELEASE IS INTENDED TO INCLUDE CLAIMS ARISING FROM THE RISKS IDENTIFIED IN THIS AGREEMENT AND CLAIMS ALLEGING NEGLIGENCE BY Solidum Creations OR A RELEASED PARTY.
Customer understands that this provision may release claims Customer might otherwise have against Solidum Creations.
Nothing in this Agreement is intended to waive any liability or right that cannot legally be waived.
10. INDEMNIFICATION
TO THE FULLEST EXTENT PERMITTED BY TEXAS LAW, CUSTOMER AGREES TO DEFEND, INDEMNIFY, AND HOLD HARMLESS Solidum Creations, ITS OWNERS, MEMBERS, EMPLOYEES, CONTRACTORS, AGENTS, REPRESENTATIVES, AND AFFILIATED PERSONS FROM CLAIMS, DAMAGES, LOSSES, LIABILITIES, COSTS, AND REASONABLE ATTORNEYS' FEES ARISING FROM CUSTOMER'S POSSESSION, TRANSPORTATION, INSTALLATION, USE, STORAGE, MOVEMENT, MODIFICATION, OR REMOVAL OF THE PRODUCTS OR RENTAL EQUIPMENT, INCLUDING CLAIMS BROUGHT BY CUSTOMER'S GUESTS OR OTHER THIRD PARTIES, EXCEPT TO THE EXTENT PROHIBITED BY LAW.
11. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, Solidum Creations's LIABILITY ARISING FROM AN ORDER SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY CUSTOMER FOR THE SPECIFIC PRODUCTS OR SERVICES GIVING RISE TO THE CLAIM.
TO THE FULLEST EXTENT PERMITTED BY LAW, Solidum Creations SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
Nothing in this provision excludes liability that cannot legally be excluded.