This Foam Party Service Agreement ("Agreement") is entered into by and between Superior Shores Collective LLC ("Company") and the individual or entity renting the services and equipment ("Client"). By signing this Agreement, the Client agrees to the terms and conditions set forth below.
1. Services Provided
The Company agrees to provide foam party entertainment services, including foam production equipment, foam solution, trained operators, setup, operation, and removal of equipment during the event.
The Company shall determine the manner and method of providing the services and reserves the right to modify equipment placement or operation as necessary for safety purposes.
2. Client Responsibilities
Provide access to a functioning water source within 100 feet of the setup area.
Provide access to a dedicated electrical outlet within 100 feet of the setup area unless otherwise arranged. 50 feet preferred.
Ensure adequate space for equipment setup and operation: a flat space, free of debris, with a minimum 20ft × 20ft area that is not within 25ft of any roadway, unless said roadway is blocked off for the event. A minimum 30ft × 30ft area is necessary for use of the Foam Arena.
Obtain any required venue permissions, permits, or approvals.
Maintain a responsible adult on-site throughout the event, and supervise all minors attending the event.
Ensure participants comply with all safety instructions provided by Company staff, and keep pets and unauthorized persons away from equipment.
The Client acknowledges that failure to satisfy these requirements may result in delayed service, reduced performance, or cancellation without refund.
3. Payment Terms
A deposit will be required to reserve the event date and time. This deposit serves as security for the equipment and is fully refundable within 5 business days after the event provided the equipment has no damage resulting from event participants.
The remaining balance of the invoice is due a minimum of 24 hours in advance of the agreed-upon event date/time. Failure to pay the balance will result in cancellation of services and forfeiture of the deposit.
Accepted payment methods: major credit or debit card only.
Credit Card Authorization for Damage: The Company may, prior to releasing the Equipment, conduct a credit card authorization to verify sufficient funds to cover the full replacement cost of the Equipment. This authorization does not result in a charge unless the Equipment is damaged or stolen at or during the event. By signing, the Client consents to this authorization and any subsequent charges necessary to cover damages or losses.
4. Cancellation and Rescheduling
Client cancellations more than 21 days before the event may apply the deposit toward a future booking within twelve (12) months, subject to availability.
Cancellations within 15–20 days of the event forfeit 50% of the deposit and may apply the remaining deposit amount toward a future booking within twelve (12) months, subject to availability.
Cancellations within 14 days of the scheduled event forfeit the deposit.
Weather: Foam parties may operate in light rain. However, the Company may determine, in its sole discretion, that conditions are unsafe due to lightning, severe storms, high winds, flooding, freezing temperatures, or other hazards. If the Company cancels due to unsafe weather, the Client may (a) reschedule within twelve (12) months, subject to availability; or (b) receive a refund of amounts paid, excluding any non-recoverable expenses already incurred by the Company (the deposit is used to cover these first).
5. Event Site Conditions
The Client is responsible for ensuring the event area is reasonably safe and suitable for operation.
The Company reserves the right to refuse setup or discontinue services if unsafe conditions exist, participants engage in dangerous behavior, equipment is being misused, or venue conditions present a risk to persons or property.
No refunds shall be provided if services are discontinued due to unsafe conditions caused by the Client, participants, guests, or venue.
6. Participant Safety Rules
No running, pushing, wrestling, or roughhousing. No diving into foam piles. No climbing on equipment. No throwing objects into equipment.
Participants should exercise caution on wet surfaces. Individuals with known allergies, respiratory conditions, or medical concerns should consult a physician before participation.
Participants must follow all instructions provided by Company staff. The Company reserves the right to remove any participant from the activity area for unsafe behavior.
7. Liability Waiver and Assumption of Risk
The Client acknowledges that participation in foam party activities involves inherent risks, including but not limited to slips, falls, collisions, allergic reactions, physical exertion, contact with foam solution, and other risks that may result in personal injury, illness, property damage, or death.
The Client understands and voluntarily assumes all risks associated with attendance and participation by all guests, invitees, participants, and spectators, and agrees to ensure that all participants follow all safety instructions and rules provided by Company staff, including supervision of minors by a designated responsible adult present throughout the event.
The Foam Solution used is biodegradable, hypoallergenic, and non-staining when used as intended. However, the Company makes no warranty regarding individual sensitivities, allergies, or reactions to foam products.
To the fullest extent permitted by law, the Client, on behalf of themselves and all participants, releases and discharges the Company, its owners, officers, employees, contractors, and agents from any and all claims, liabilities, demands, causes of action, damages, costs, or expenses arising from or related to participation in the foam party event, except to the extent caused by the gross negligence or willful misconduct of the Company.
In no event shall the liability of the Company exceed the total amount paid by the Client under this Agreement. The Company shall not be liable for any indirect, incidental, special, consequential, or punitive damages.
8. Indemnification
The Client agrees to indemnify, defend, and hold harmless the Company, its owners, officers, employees, contractors, and agents from and against any and all claims, demands, lawsuits, liabilities, damages, losses, judgments, settlements, fines, penalties, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) the actions or omissions of the Client, participants, guests, invitees, or spectators; (b) failure to comply with safety instructions, rules, or recommendations provided by the Company; (c) damage to property caused by event participants, guests, or attendees; or (d) any claim for personal injury, death, or property damage arising from participation in the event, except to the extent caused by the gross negligence or willful misconduct of the Company.
The obligations contained in this section shall survive completion of the event and termination of this Agreement.
9. Property Damage
The Client acknowledges that foam activities involve water and may create wet conditions.
The Company shall not be responsible for damage to landscaping, grass, flooring, electronics, decorations, personal property, or other items located within or near the foam activity area unless directly caused by the Company’s gross negligence or willful misconduct.
The Client agrees to remove or protect any sensitive items before setup.
10. Force Majeure
The Company shall not be liable for delays, interruptions, or cancellations resulting from circumstances beyond its reasonable control, including but not limited to severe weather, natural disasters, governmental actions, labor disputes, equipment failures beyond reasonable control, public emergencies, or acts of God.
11. Governing Law
This Agreement shall be governed by and construed under the laws of the State of Wisconsin. Any dispute arising from this Agreement shall be brought exclusively in the courts located within Ashland County, Wisconsin.
12. Entire Agreement & Electronic Signatures
This Agreement constitutes the entire understanding between the parties and supersedes all prior discussions, representations, or agreements. No amendment shall be valid unless made in writing and signed by both parties.
If any provision of this Agreement is found unenforceable, the remaining provisions shall remain in full force and effect.
Electronic signatures and electronically transmitted copies of this Agreement shall be deemed original signatures and shall be fully enforceable.
