PoshPod Order and Payment Form

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Location. The Party Chica shall deliver Services to Client at the agreed upon location.

Delivery of Services. The Party Chica will provide all Services by unless otherwise specified in this Agreement.  When the provided Services are tied to the number of guests that Client expects to attend Client's event, Client agrees to notify The Party Chica with an accurate guest count.

The first payment is a non-refundable retainer. At a minimum, Client agrees that the retainer fee fairly compensates Vendor for committing to provide the Services and turning down other potential projects/clients.

Exclusivity. Client understands and agrees that he or she has hired Vendor exclusive of any other service provider. In order to provide a high level of satisfaction and quality of service, no other service providers, other than any assistant or third party that Vendor hires to complete the Services outlined in this Agreement, are permitted to provide the same or similar services or products, paid or unpaid, at the locations and dates specified in this Agreement.

The PoshPod is NOT waterproof. In the event of rain or snow, your event will need to be postponed. We will also postpone for winds higher than 10mph. Should we need to postpone, you will have up to six (6) months from your original date to book a new date using your deposit. No smoking, vaping or using hookah in the PoshPod. You must provide a working electrical outlet to have heat or air conditioning in the PoshPod. If you aren’t able to provide electricity for the heater, the PoshPod is usually 10-15 degrees warmer than the outside. PoshPods can be set up on the ground or on concrete such as a driveway. 

Copyright Ownership.  In the event that any copyrighted work(s) are created as a result of the Services provided by The Party Chica in accordance with this Agreement, The Party Chica owns all copyrights in any and all work(s) it creates or produces pursuant to federal copyright law (Title 17, Chapter 2, Section 201-02 of the United States Code), whether registered or unregistered. Any and all products, whether tangible or intangible, produced or created in connection with, or in the process of fulfilling this Agreement, are expressly and solely owned by The Party Chica and may be used in the reasonable course of The Party Chica's business.

Permitted Uses of Product(s). The Party Chica grants to Client a non-exclusive license of product(s) produced with and for Client for personal use only so long as Client provides The Party Chica with attribution each time Client uses The Party Chica's property. Personal use includes, but is not limited to, use within the following contexts:

1. In photos on Client’s personal social media pages or profiles; or
2. In personal creations, such as a scrapbook or personal gift; or
3. In personal communications, such as a family newsletter or email or holiday card.

Style. Client has spent a satisfactory amount of time reviewing The Party Chica's work and has a reasonable expectation that The Party Chica will perform the Services in a similar manner and style unless otherwise specified in this Agreement.

Consistency. The Party Chica will use reasonable efforts to ensure Client's desired Services are produced in a style and manner consistent with The Party Chica's current portfolio and The Party Chica will try to incorporate any reasonable suggestion made by Client. However, Client understands and agrees that:

1. Every client and event is different, with different tastes, budgets, and needs;
2.  Services are often a subjective art and The Party Chica has a unique vision, with an ever-evolving style and technique;
3. The Party Chica will use its artistic judgment when providing Services for Client, which may not include strict adherence to Client’s suggestions;
4. Although The Party Chica will use reasonable efforts to incorporate Client’s suggestions and desires when providing Client with the Services, The Party Chica shall have final say regarding the aesthetic judgment and artistic quality of the Services;
5. Dissatisfaction with The Party Chica's aesthetic judgment or artistic ability are not valid reasons for termination of this Agreement or request of any monies returned.

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 The Party Chica.

Loss of Product. In the event that any or all product(s) are lost, such as damage to or loss of a component of the product necessary for final delivery, The Party Chica shall refund Client a pro-rated portion of the Total Cost based on the amount of Services that were completed/provided against the amount of Services that were agreed to be completed/provided.

Indemnification. Client agrees to indemnify, defend and hold harmless The Party Chica and its affiliates, employees, agents and independent contractors for any injury, property damage, liability, claim or other cause of action arising out of or related to Services and/or product(s) The Party Chica  provides to Client.

Cancellation, Rescheduling of Services or No-Show Client. If Client desires to cancel Services, reschedule Services, or if it becomes impossible for The Party Chica to render Services due to the fault of the Client or parties related to Client, such as failure of the  to occur or failure of one or more essential parties to the  to show up in a timely manner, Client shall  provide notice to The Party Chica as soon as possible via the Notice provisions detailed in this Agreement. The Party Chica has no obligation to attempt to re-book further Services to fill the void created by Client’s cancellation, rescheduling, no-show or if it becomes impossible for The Party Chica to provide the Services due to the fault of Client (or parties related to Client), and The Party Chica will not be obligated to refund any monies Client has previously paid towards the Total Cost.  Client is not relieved of any payment obligations for cancelled Services, rescheduled Services, failing to show up for the , or should it become impossible for Vendor  to provide the services due to the fault of Client (or parties related to Client) unless the Parties otherwise agree in writing.   For instance, if The Party Chica is able to secure another, unrelated client for , then The Party Chica may choose, at its sole discretion, to excuse all (or a portion of) Client's outstanding balance of the Total Cost. 

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 The Party Chica 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 via the Notice provisions detailed in this Agreement; and
2. Issue a refund or credit based on a reasonably accurate percentage of Services rendered; and
3. Excuse Client of any further performance and/or payment obligations in this Agreement.

Governing Law. The laws of  govern all matters arising out of or relating to this Agreement, including torts.
Severability. If any portion of this Agreement is deemed to be illegal or unenforceable, the remaining provisions of this Agreement remain in full force.

Notice. Parties shall provide effective notice (“Notice”) to each other via either of the following methods of delivery at the date and time which the Notice is sent:

1. Email
   1. The Party Chica's Email: 
   2. Client Email: 

Merger. This Agreement constitutes the final, exclusive agreement between the parties relating to the  and Services contained in this Agreement. All earlier and contemporaneous negotiations and agreements between the parties on the matters contained in this Agreement are expressly merged into and superseded by this Agreement.

Amendment. The parties may amend this Agreement only by the parties’ written consent via proper Notice.