FÊTEBOX LLC
TERMS AND CONDITIONS
Effective Date: August 14, 2026
These Master Terms and Conditions (the “Terms”) govern each reservation for rental packages, activities, add-ons, and related delivery and pickup services provided by FêteBox LLC, a Texas limited liability company (“FêteBox”). The individual completing the reservation or otherwise accepting these Terms is the “Customer.” These Terms, the applicable booking confirmation, invoice, and any written reservation-specific terms issued by FêteBox together constitute the “Agreement.” If a reservation-specific written term directly conflicts with these Terms, the reservation-specific term controls only for that reservation.
ARTICLE 1 — DEFINITIONS
1.1 FêteBox. “FêteBox” means FêteBox LLC and its authorized owners, employees, contractors, agents, and representatives, as the context requires.
1.2 Customer. “Customer” means the adult who completes, pays for, or accepts responsibility for the reservation, whether or not that person hosts or attends the event. The Customer is responsible for the acts and omissions of all hosts, guests, participants, invitees, and persons permitted to use or access the Rental Package.
1.3 Rental Package. “Rental Package” means all rented property supplied for a reservation, including furniture, linens, rugs, cushions, décor, inflatables, electronics, tools, trays, organizers, containers, packaging, cases, cables, remotes, adapters, chargers, labels, accessories, and components. All accompanying items are part of the Rental Package. The Rental Package does not include amusement rides. The Rental Package may include an inflatable movie screen maintained by a continuous airflow device, supplied solely as audiovisual display equipment and not for riding, bouncing, jumping, climbing, entering, or play.
1.4 Rental Period. “Rental Period” means the period beginning when delivery is completed and ending only after FêteBox has completed pickup and the Rental Package has been returned to FêteBox for inspection.
1.5 Activities. “Activities” means craft, spa, sensory, science, or other participatory experiences and the related consumable and reusable supplies identified in the booking.
1.6 Add-Ons. “Add-Ons” means optional rented or purchased items or services identified in the booking.
1.7 Damage. “Damage” means any condition beyond ordinary wear that impairs appearance, safety, function, cleanliness, completeness, or future rentable condition, including stains, excessive soiling, odors, burns, tears, cracks, water or moisture damage, mold, mildew, missing parts, unauthorized alteration, and damage caused by misuse, negligence, animals, smoke, fire, or improper handling.
1.8 Loss. “Loss” means theft, disappearance, destruction, disposal, abandonment, failure to return, or any condition rendering an item not reasonably repairable or restorable for rental use.
1.9 Reservation Fee. “Reservation Fee” means twenty percent (20%) of the rental price. The Reservation Fee is earned on confirmation as compensation for holding the reservation date and the Rental Package out of inventory. Except as expressly provided in Article 12 or as required by law, the Reservation Fee is non-refundable.
ARTICLE 2 — RESERVATIONS AND PAYMENT
2.1 Confirmation. A reservation is not confirmed until FêteBox has accepted it and received all amounts due at booking. Availability is not guaranteed until confirmation.
2.2 Pricing and Taxes. The Customer shall pay the prices, delivery fees, taxes, and other charges disclosed during booking. FêteBox may correct typographical, pricing, calculation, or administrative errors before fulfillment; if a material correction increases the price, the Customer may cancel and receive a refund of amounts paid for the affected reservation.
2.3 Payment and Security Deposit. One hundred percent (100%) of the rental price and any refundable security deposit applicable to the selected Rental Package are due at booking. Twenty percent (20%) of the rental price constitutes the Reservation Fee. The required security deposit amount, which may vary by package, and the Reservation Fee will be disclosed before confirmation and identified in the booking.
2.4 Payment Authorization. The Customer represents that the payment method is authorized and authorizes FêteBox and its payment processor to collect amounts due under the Agreement, including authorized Damage, Loss, cleaning, delay, delivery, labor, and replacement charges. FêteBox will provide notice and reasonable supporting information for post-reservation charges.
2.5 Reservation Changes. Changes are subject to availability, FêteBox approval, applicable deadlines, and additional charges. A requested change is not effective unless confirmed in writing by FêteBox.
2.6 Customer Information. The Customer represents and warrants that all booking information, including legal name, contact information, billing information, event details, and delivery address, is complete and accurate. The Customer must promptly provide written notice of any change.
2.7 Eligibility and Authority. The Customer represents that the Customer is at least eighteen (18) years old and has legal authority to enter into the Agreement and to bind any organization identified in the reservation.
2.8 Fraudulent or Misleading Information. FêteBox may refuse, cancel, or terminate a reservation obtained through fraudulent, misleading, unauthorized, or materially inaccurate information.
ARTICLE 3 — RENTAL PERIOD AND CUSTODY
3.1 Commencement and End. The Rental Period begins upon completed delivery and ends only after completed pickup and return to FêteBox for inspection.
3.2 Custody and Safekeeping. The Customer assumes responsibility for the care, custody, safekeeping, and permitted use of the Rental Package immediately upon delivery, including when the Customer is absent and whenever items are unattended.
3.3 Pickup Readiness. The Customer shall discontinue use and have all rented items repacked in their original containers and ready at the confirmed pickup location and time. Customer-caused delay or an unsuccessful pickup may result in reasonable additional transportation, labor, waiting, storage, or return-trip charges.
3.4 No Transfer or Relocation. The Customer may not transfer possession of the Rental Package or move it from the confirmed delivery address without FêteBox’s prior written approval. Responsibility continues until return and inspection.
ARTICLE 4 — DELIVERY, PICKUP, AND ACCESS
4.1 Service Area and Windows. Delivery and pickup are available only within FêteBox’s designated service area and confirmed scheduling windows. Availability and any additional delivery charge depend on the booking address and reservation details.
4.2 Safe and Suitable Access. The Customer shall provide a clean, safe, reasonably accessible, and suitable delivery and pickup location, secure animals, disclose stairs, gates, parking or access restrictions, and provide accurate instructions.
4.3 Unattended Delivery or Pickup. If the Customer authorizes or permits unattended delivery or pickup, the Customer assumes responsibility once delivery is completed and remains responsible for ensuring lawful, safe, and timely access. FêteBox is not required to enter a residence or other enclosed private area.
4.4 Access Problems and Changes. Incorrect addresses, locked gates, unavailable contacts, blocked or unsuitable access, undisclosed restrictions, or unapproved changes may cause delay, rescheduling, refusal of service, or reasonable additional charges.
4.5 Right to Refuse or Stop Service. FêteBox may refuse, postpone, discontinue, or terminate delivery or pickup when conditions are unsafe, unsanitary, threatening, unlawful, hazardous, or otherwise unsuitable and could reasonably endanger persons, expose the Rental Package to contamination or damage, or materially prevent performance. Examples include unsecured aggressive animals, biohazards, waste, infestation, needles or broken glass, threatening or severely intoxicated persons, illegal activity, standing water, unstable ground, blocked access, or active construction hazards. If the condition is attributable to the Customer or location, the resulting nonperformance is treated as a Customer cancellation and does not entitle the Customer to a refund or credit, except as FêteBox may agree in writing.
4.6 Inspection Upon Delivery. The Customer shall promptly inspect the Rental Package. Missing items, visible Damage, or material discrepancies must be reported in writing before first use and in any event within twenty-four (24) hours after completed delivery, with photographs or other reasonable supporting information when requested. If no timely notice is received, the Rental Package is deemed accepted as delivered and presumed complete and in satisfactory visible condition, without limiting responsibility for a latent defect that could not reasonably have been discovered during the inspection period.
ARTICLE 5 — CUSTOMER RESPONSIBILITIES AND SUPERVISION
5.1 Adult Supervision. The Customer shall provide continuous, attentive adult supervision appropriate to the ages and abilities of all participants. FêteBox does not provide childcare, event supervision, lifeguard services, or monitoring.
5.2 Site Selection and Permissions. The Customer is responsible for selecting a suitable setup area; protecting floors, walls, landscaping, pools, electrical systems, and other property; obtaining venue, owner, homeowner-association, governmental, and permit approvals; and complying with applicable rules.
5.3 Instructions and Warnings. The Customer shall read, follow, and communicate all setup, use, care, safety, age, weight, weather, electrical, and return instructions supplied by FêteBox or a manufacturer.
5.4 Participants and Guests. The Customer is responsible for ensuring that the Rental Package is used only by persons for whom the applicable item is designed and in accordance with any stated age, weight, capacity, or safety limitations. Adults may assist children with Activities but may not use children’s furniture, inflatables, or other child-sized items in a manner that exceeds their intended use or stated limitations.
5.5 Incident Reporting. In the event of an injury or medical emergency, the Customer shall first obtain appropriate emergency assistance, including calling 911 when necessary. After addressing immediate safety needs, the Customer shall promptly notify FêteBox of any injury, accident, theft, malfunction, fall, tip-over, exposure, or other significant incident involving or reasonably related to the Rental Package, including any incident that caused or may have caused Damage, Loss, or personal injury. For any injury requiring medical treatment, the Customer shall provide written notice within twenty-four (24) hours after the incident, describing the date, time, location, item involved, persons involved, and circumstances, and shall reasonably cooperate with FêteBox in preparing any record or report required by applicable law. Notice to FêteBox does not replace emergency services or medical care.
5.6 Customer Property. FêteBox is not responsible for phones, jewelry, gifts, clothing, toys, or other personal property left in, on, or with the Rental Package after pickup. FêteBox may, but is not obligated to, make reasonable efforts to notify the Customer of found property.
ARTICLE 6 — PROPER USE AND PROHIBITED CONDUCT
6.1 Intended Use. The Rental Package may be used only for its intended purpose, in a careful manner, at the confirmed private event.
6.2 Safe Operation. The Customer shall keep electronics and other non-water-rated items dry, use appropriate power sources and cords, secure umbrellas and outdoor items, discontinue use in unsafe weather, and comply with manufacturer requirements. Items expressly intended for pool or water use may become wet during normal intended use but must not be packaged or handled in a manner reasonably likely to cause avoidable deterioration.
6.3 No Alteration or Unauthorized Repair. The Customer shall not paint, glue, staple, tape, drill, cut, dismantle, modify, repair, substitute, replace parts, or otherwise alter a rented item without FêteBox’s prior written consent.
6.4 No Subleasing, Lending, or Commercial Use. The Customer may not sublease, rent, lend, assign, transfer, or provide the Rental Package to another person, business, or organization. Rental Packages are for private, non-commercial events only. Professional photography, advertising, promotional events, staging, paid events, or other business use requires FêteBox’s prior written approval.
6.5 Package Integrity and Identification. The Customer shall not exchange or combine items among rental packages or remove, cover, deface, or alter labels, tags, inventory markings, serial numbers, or identification.
6.6 No Unlawful or Abusive Use. The Rental Package may not be used unlawfully or in violation of laws, venue rules, permits, or association restrictions, or in any unsafe, negligent, reckless, abusive, or unnecessarily damaging manner.
6.7 No Abandonment or Disposal. The Customer shall not abandon, discard, donate, sell, or dispose of any rented item, packaging, component, or accessory.
6.8 Specific Sources of Damage. The Customer is responsible for Damage or Loss caused by animals; smoke, vaping, fire, candles, incense, or similar sources; food, drinks, cosmetics, slime, paint, adhesives, or other materials; sprinklers, rain, wind, pools, or weather; and improper storage, packing, or handling.
ARTICLE 7 — ACTIVITIES AND ADD-ONS
7.1 Activity Participation. Activities are intended for the ages and uses identified in the booking or instructions. The Customer shall determine whether an Activity is appropriate for each participant and shall provide adult supervision.
7.2 Health and Sensitivity. The Customer is responsible for reviewing disclosed ingredients and product labels and for managing allergies, sensitivities, medical conditions, choking risks, and individual needs. Participation must stop if irritation, illness, or an adverse reaction occurs. Activity materials are not for ingestion unless expressly identified as edible.
7.3 Creations and Take-Home Materials. Participants may keep items they create and any materials specifically identified as purchased or take-home items.
7.4 Reusable Components. Reusable tools, trays, molds, bowls, organizers, display pieces, containers, and remaining supplies designated as rented must be returned.
7.5 Consumable Supplies and Take-Home Items. The booking identifies the Activity materials included, the quantities provided, and which items are take-home. Take-home items may be kept by participating children. All other materials, tools, and containers remain FêteBox property, are for use during the event only, and must be left with the Rental Package at pickup. The Customer is responsible for the reasonable replacement cost of materials removed, retained, or used beyond the quantities identified in the booking.
7.6 Purchased and Rented Add-Ons. The booking will identify whether each Add-On is purchased or rented. Purchased Add-Ons belong to the Customer after delivery; rented Add-Ons remain subject to the Agreement.
ARTICLE 8 — DAMAGE, LOSS, AND REPLACEMENT COSTS
8.1 Customer Responsibility. Except for ordinary wear from proper intended use, the Customer is financially responsible for all Damage and Loss occurring during the Rental Period or resulting from the Customer’s breach of the Agreement.
8.2 Ordinary Wear. Ordinary wear means minor deterioration reasonably expected from careful, proper use. It does not include excessive soiling, stains, odors, burns, tears, cracks, missing components, misuse, negligence, accidents, improper handling, unauthorized repair, or impairment of future rentable condition.
8.3 Actual and Reasonable Costs. The Customer shall pay the actual and reasonable cost to clean, deodorize, remediate, repair, restore, or replace affected items, including materials, parts, reasonable labor, professional services, shipping, delivery, and directly related restoration expenses. If an item cannot reasonably be restored to safe, functional, and comparable rentable condition, the Customer shall pay the actual cost of a replacement of similar quality and function.
8.4 Notice and Support. FêteBox will notify the Customer of chargeable Damage or Loss and, as appropriate, provide photographs, video, inventory records, estimates, invoices, receipts, or other reasonable supporting information.
8.5 Missing Items. If an item is missing at pickup, FêteBox may contact the Customer and allow forty-eight (48) hours after notice for its return. If it is not returned within that period, FêteBox may treat it as Loss. Acceptance of a late return does not waive reasonable retrieval, shipping, labor, or related costs.
8.6 Amounts Beyond Deposit. The security deposit is not a cap on liability. The Customer shall promptly pay any balance exceeding the deposit and any other amount lawfully due under the Agreement.
ARTICLE 9 — SECURITY DEPOSIT
9.1 Deposit Requirement. Certain Rental Packages require a refundable security deposit. The amount is disclosed during booking and paid in full with the reservation.
9.2 Application. FêteBox may apply the deposit to authorized amounts due for Damage, Loss, missing items, excessive cleaning, delay, failed pickup, transportation, labor, or other Customer obligations under the Agreement.
9.3 Refund. FêteBox will process any remaining deposit refund within three to five (3–5) business days after completion of the post-return inspection under Article 10. Bank or card-processing time after issuance is outside FêteBox’s control.
9.4 No Limitation. Refund of all or part of a deposit does not waive a claim for concealed, latent, or later-discovered Damage or Loss that could not reasonably have been identified before the refund, subject to applicable law.
ARTICLE 10 — RETURN AND POST-RETURN INSPECTION
10.1 Return Condition. All rented items, accessories, packaging, cases, inserts, chargers, cables, tools, trays, and components must be returned in the condition received, ordinary wear excepted, and packed in the designated original containers.
10.2 Continued Inspection. Pickup is not an acceptance of condition or completeness. Inspection may continue after the Rental Package reaches FêteBox’s facility and is unpacked, assembled, powered on, tested, cleaned, or otherwise reasonably examined.
10.3 Hidden Damage and Missing Components. Damage or Loss not reasonably discoverable during pickup, including damage beneath, inside, or between packed items or a missing accessory, may be assessed after pickup under Article 8.
10.4 Documentation. FêteBox may photograph or video record the Rental Package before delivery, during delivery, at pickup, and during post-return inspection, and may maintain inventory and written records. Documentation will be limited to the Rental Package, the surrounding setup or access area as reasonably necessary, and conditions relevant to the reservation. It may be used to verify condition, completeness, handling, and claims under the Agreement.
ARTICLE 11 — CLEANING AND PACKING
11.1 Reasonable Cleaning. Routine cleaning from ordinary intended use is included unless the booking states otherwise. The Customer shall remove personal property, food, trash, confetti, liquids, Activity residue, and loose debris and shall follow the return instructions.
11.2 Excessive Cleaning. The Customer is responsible for actual and reasonable cleaning, deodorizing, stain treatment, mold or mildew remediation, biohazard remediation, and related labor beyond routine turnaround.
11.3 Moisture and Storage. The Customer shall not fold, seal, store, or package items in a manner reasonably likely to cause avoidable mold, mildew, excessive moisture damage, odor, transfer, or deterioration. This does not prohibit normal intended water use of pool inflatables or other water-rated items.
ARTICLE 12 — CANCELLATION, CREDIT, AND RESCHEDULING
12.1 Written Request and Timing. A cancellation or rescheduling request must be made in writing. Eligibility is determined by when FêteBox receives the request, measured against the scheduled delivery date.
12.2 Fifteen or More Days. For cancellation received at least fifteen (15) calendar days before scheduled delivery, FêteBox will retain the Reservation Fee and refund all other amounts paid toward the reservation. Any refundable security deposit will be returned in full.
12.3 Seven to Fourteen Days. For cancellation received seven (7) through fourteen (14) calendar days before scheduled delivery, the Customer may choose either (a) a refund of fifty percent (50%) of the amounts paid toward the reservation, with FêteBox retaining the other fifty percent (50%), which includes and is not in addition to the Reservation Fee; or (b) a non-transferable credit, elected in writing, equal to one hundred percent (100%) of the amounts paid toward the reservation, usable only by the Customer toward one future reservation held within six (6) months after FêteBox receives the cancellation request and subject to availability, with the Customer responsible for any difference in price, delivery charges, or taxes. A credit has no cash value and is not refunded or transferred if unused. Under either option, any refundable security deposit will be returned in full.
12.4 Fewer Than Seven Days. For a cancellation received fewer than seven (7) calendar days before scheduled delivery, all amounts paid toward the reservation are non-refundable and no credit will be issued. Any refundable security deposit will be returned in full.
12.5 Rescheduling. Except for a credit elected under Section 12.3(b), rescheduling is subject to availability, package availability, pricing differences, delivery charges, and other reasonable costs caused by the change. FêteBox may, in its discretion, approve a one-time emergency reschedule or credit outside the stated policy. A Reservation Fee already earned is applied to the rescheduled reservation and is not charged again.
12.6 Cancellation by FêteBox. If FêteBox cancels for reasons not attributable to the Customer and cannot provide a reasonably comparable alternative accepted by the Customer, FêteBox will refund all amounts paid for the unavailable reservation, including the Reservation Fee and any refundable security deposit. This subsection does not override Article 17.
12.7 Reasonableness of Cancellation Terms. A reservation holds a specific date, delivery window, and Rental Package that FêteBox withdraws from inventory and cannot reliably rebook on short notice. The parties agree that the amounts retained under this Article are a reasonable estimate of the loss FêteBox would suffer from a late cancellation, that actual damages would be difficult to determine, and that those amounts are not a penalty.
ARTICLE 13 — WEATHER AND OUTDOOR CONDITIONS
13.1 Monitoring and Protection. The Customer is responsible for monitoring weather and promptly protecting, relocating, securing, or discontinuing use of the Rental Package as conditions require.
13.2 Ground and Setup Conditions. Outdoor setup areas must be stable, reasonably level, and free of excessive mud, standing water, sprinkler exposure, and hazards. FêteBox may require relocation or decline delivery under Article 4.
13.3 Indoor Alternative. For outdoor reservations, the Customer is encouraged to maintain a practical indoor or covered alternative adequate for the Rental Package.
13.4 Severe Weather Rescheduling. For qualifying severe weather, FêteBox may approve a one-time reschedule, subject to availability and written confirmation. A reschedule is not guaranteed unless confirmed by FêteBox.
13.5 No Weather Refund After Delivery. Once delivery has been completed, weather, temperature, wind, rain, site conditions, or the Customer’s decision not to use some or all of the Rental Package does not create a right to a refund.
13.6 Weather-Related Damage. Damage or Loss resulting from failure to take reasonable weather precautions remains the Customer’s responsibility under Article 8.
ARTICLE 14 — ASSUMPTION OF RISK AND RELEASE OF LIABILITY
14.1 Assumption of Risk. THE CUSTOMER UNDERSTANDS THAT DELIVERY, SETUP, USE, PARTICIPATION, AND PRESENCE AROUND FURNITURE, INFLATABLES, ELECTRONICS, OUTDOOR EQUIPMENT, WATER, CRAFT MATERIALS, SPA PRODUCTS, SMALL PARTS, AND CHILDREN’S ACTIVITIES INVOLVE INHERENT AND OTHER RISKS, INCLUDING FALLS, TIP-OVERS, ELECTRICAL HAZARDS, ALLERGIC OR SKIN REACTIONS, CHOKING, PROPERTY DAMAGE, BODILY INJURY, ILLNESS, OR DEATH. THE CUSTOMER KNOWINGLY AND VOLUNTARILY ASSUMES THOSE RISKS FOR THE CUSTOMER’S OWN PARTICIPATION AND ACCEPTS RESPONSIBILITY FOR SUPERVISING AND PROTECTING PARTICIPANTS AND GUESTS.
14.2 Release. TO THE FULLEST EXTENT PERMITTED BY LAW, THE CUSTOMER, FOR THE CUSTOMER AND THE CUSTOMER’S OWN CLAIMS, RELEASES FÊTEBOX FROM CLAIMS ARISING FROM (A) INHERENT RISKS; (B) THE ACTS OR OMISSIONS OF THE CUSTOMER, PARTICIPANTS, GUESTS, VENUES, PROPERTY OWNERS, OR THIRD PARTIES; (C) USE CONTRARY TO INSTRUCTIONS OR THE AGREEMENT; AND (D) THE ORDINARY NEGLIGENCE OF FÊTEBOX IN CONNECTION WITH THE RENTAL PACKAGE OR RELATED DELIVERY OR PICKUP SERVICES. THIS RELEASE DOES NOT APPLY TO GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR ANY CLAIM THAT CANNOT LAWFULLY BE WAIVED. CLAIMS OF PARTICIPANTS AND GUESTS ARE ADDRESSED IN SECTION 1.2 AND ARTICLE 16.
14.3 Minors and Nonwaivable Rights. The Customer represents that the Customer is the parent, legal guardian, or authorized responsible adult for minors under the Customer’s supervision. Nothing in the Agreement purports to waive a minor’s claim or any other right to the extent such claim or right cannot lawfully be waived.
ARTICLE 15 — LIMITATION OF LIABILITY
15.1 Excluded Damages. To the fullest extent permitted by law, FêteBox is not liable for indirect, incidental, special, exemplary, punitive, or consequential damages, including loss of use, lost profits, lost opportunity, or emotional distress, arising from the Agreement or a reservation, even if advised that such damages are possible. This exclusion does not apply to damages for personal injury.
15.2 Liability Cap. To the fullest extent permitted by law, FêteBox’s aggregate liability for direct economic or property damages arising from a reservation will not exceed the total amount the Customer paid to FêteBox for that reservation. This limitation does not apply to liability that cannot lawfully be limited, including liability for gross negligence or willful misconduct.
15.3 No Guarantee of Event Outcome. FêteBox does not guarantee weather, venue conditions, participant enjoyment, photographic appearance, uninterrupted utility or internet service, or an event outcome. Except for express written commitments in the Agreement, THE RENTAL PACKAGE IS PROVIDED AS IS AND AS AVAILABLE, AND TO THE FULLEST EXTENT PERMITTED BY LAW FÊTEBOX DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
ARTICLE 16 — INDEMNIFICATION
16.1 Customer Indemnity. To the fullest extent permitted by law, the Customer shall indemnify, defend, and hold harmless FêteBox from third-party claims, liabilities, damages, losses, judgments, penalties, costs, and reasonable attorneys’ fees arising from (a) the Customer’s breach of the Agreement; (b) the acts or omissions of the Customer, participants, guests, invitees, venues, or persons under the Customer’s control; (c) unauthorized, improper, or unlawful use of the Rental Package; (d) the condition of the event location or the Customer’s failure to obtain required permission; or (e) bodily injury or property damage caused by those matters.
16.2 Exclusion. The Customer has no obligation under Section 16.1 to the extent a claim is finally determined to have been caused by FêteBox’s gross negligence or willful misconduct.
16.3 Cooperation. FêteBox shall provide reasonable notice of an indemnified claim. If the Customer does not assume the defense within a reasonable time after notice, FêteBox may defend the claim at the Customer’s cost without relieving the Customer of its obligations under this Article. The Customer may not settle a claim in a manner that admits fault by, imposes nonmonetary obligations on, or fails to fully release FêteBox without FêteBox’s written consent.
ARTICLE 17 — FORCE MAJEURE
17.1 Events Beyond Control. FêteBox is not liable for delay, interruption, or failure caused by events beyond its reasonable control, including severe weather, natural disaster, fire, flood, government action, public emergency, road closure, labor dispute, utility or communications outage, supplier delay, transportation disruption, accident, illness, or other unforeseen circumstance.
17.2 Response. If such an event materially affects performance, FêteBox will make reasonable efforts to notify the Customer and may, depending on the circumstances and services affected, offer a substitute, reschedule, credit, partial refund, or refund. FêteBox is not required to incur unreasonable expense or perform unlawfully or unsafely.
ARTICLE 18 — ELECTRONIC COMMUNICATIONS AND ACCEPTANCE
18.1 Electronic Acceptance. Completing a reservation, checking an acceptance box, signing electronically, or paying after being presented with these Terms constitutes acceptance of a legally binding Agreement. Electronic records and signatures may be used to the fullest extent permitted by applicable law.
18.2 Communications. The Customer consents to receive reservation-related communications by email and text message, including confirmations, access requests, delivery and pickup updates, reminders, invoices, inspection results, and notices. Marketing and promotional messages are sent only to a Customer who separately opts in, and that consent may be withdrawn at any time by replying STOP or by written notice. The Customer is responsible for monitoring the contact information provided.
18.3 Version Applicable. The version of the Terms presented and in effect when the reservation is confirmed governs that reservation unless the parties later agree otherwise in writing.
18.4 Changes to These Terms. FêteBox may revise these Terms by publishing a revised version with a new effective date. A revision applies only to reservations confirmed after it takes effect. FêteBox will retain each version and provide a copy on request.
ARTICLE 19 — BILLING DISPUTES AND CHARGEBACKS
19.1 Good-Faith Resolution. Before initiating a chargeback or payment dispute concerning an amount authorized by the Agreement, the Customer agrees to contact FêteBox in writing, provide the basis and supporting information, and allow a reasonable opportunity for investigation and direct resolution.
19.2 No Waiver of Legal Rights. Nothing in this Article waives a right or remedy that cannot lawfully be waived or prevents the Customer from complying with a payment-card issuer’s lawful deadline.
19.3 Supporting Documentation. The Customer authorizes FêteBox to provide the Agreement, booking records, communications, delivery and pickup records, photographs, videos, inspection records, invoices, and other relevant documentation to a payment processor, card issuer, insurer, attorney, or court for dispute resolution or enforcement.
ARTICLE 20 — INTELLECTUAL PROPERTY AND REPRESENTATIONS
20.1 FêteBox Materials. FêteBox’s names, logos, photographs, videos, written copy, package concepts, printed materials, labels, setup guides, instructional content, inventory systems, and other original materials remain the property of FêteBox or its licensors. No rental transfers ownership or grants a commercial license.
20.2 Restricted Use. The Customer may not copy, reproduce, distribute, sell, publish, remove attribution from, or use FêteBox materials to create or promote a competing or commercial offering without prior written permission, except for ordinary personal, non-commercial sharing of the Customer’s event photographs.
20.3 Representative Images and Variations. Website and marketing photographs are representative. Minor variations may result from lighting, screen display, handcrafted or natural materials, wear consistent with rental use, seasonal or product availability, and substitutions of reasonably comparable appearance, quality, or function. A minor variation is not a defect or basis for refund.
20.4 Customer-Submitted Event Images. FêteBox does not photograph events or guests. FêteBox may photograph its own delivered setup before an event where no identifiable person appears and may use those images in its marketing. If the Customer voluntarily submits photographs or recordings from an event, the Customer grants FêteBox a non-exclusive, royalty-free permission to use them in its portfolio, website, social media, and other promotional materials. The Customer represents that the Customer owns or is authorized to share the materials and has obtained any permission required from identifiable persons appearing in them, including from a parent or legal guardian of any identifiable minor. Submission is optional. The Customer may withdraw permission for future use at any time by written notice, after which FêteBox will discontinue further use and make reasonable efforts to remove the images from media under its control.
ARTICLE 21 — GOVERNING LAW AND DISPUTE RESOLUTION
21.1 Governing Law. The Agreement is governed by the laws of the State of Texas, without regard to conflict-of-law principles.
21.2 Direct Resolution. Before filing a legal proceeding, the parties shall make a good-faith effort to resolve the dispute through direct written communication, unless emergency relief or an expiring legal deadline requires earlier action.
21.3 Mediation. If the parties do not resolve a dispute under Section 21.2, then before initiating arbitration under Section 21.4 the parties shall first attempt in good faith to resolve the dispute through non-binding mediation. Either party may initiate mediation by written notice describing the dispute, and the parties shall select a mutually acceptable mediator and share the mediator’s fees equally. Completion of mediation, or the expiration of thirty (30) days after the mediation notice without a resolution, is a condition precedent to commencing arbitration. This Section does not apply to, and does not delay, a request for emergency or injunctive relief or a claim brought in small claims court, and it does not extend any applicable limitations period, which each party may preserve by filing and staying a proceeding as necessary.
21.4 Binding Arbitration. A dispute arising from or relating to the Agreement or a reservation that is not resolved under Section 21.2 or Section 21.3 will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. The Federal Arbitration Act governs this Section, including its interpretation and enforcement, and the arbitrator decides all questions of arbitrability, including the scope, validity, and duration of this Section. The arbitration will be held in the county where the Customer resides or by remote hearing, and FêteBox will pay any filing or administrative fee that exceeds the cost of filing the same claim in a Texas court. Either party may bring an individual claim in small claims court, and either party may seek injunctive relief in court to protect the Rental Package or FêteBox’s intellectual property.
21.5 No Class Proceedings. Claims are brought only in an individual capacity. Neither party may bring a class, collective, consolidated, or representative proceeding, and the arbitrator may not consolidate claims or preside over any form of representative proceeding. If this Section is held unenforceable as to a claim, that claim proceeds in court under Section 21.6 and the remainder of this Article continues to apply.
21.6 Judicial Proceedings. For a claim not subject to arbitration, the parties consent to the exclusive jurisdiction of the state and federal courts located in the State of Texas and to personal jurisdiction there.
ARTICLE 22 — MISCELLANEOUS
22.1 Entire Agreement. The Agreement is the entire agreement concerning the reservation and supersedes prior or contemporaneous discussions, statements, and agreements on that subject.
22.2 Written Modification; No Oral Changes. No oral statement or representation modifies the Agreement. A modification or waiver is effective only if in writing and issued or confirmed by an authorized representative of FêteBox.
22.3 Severability and Reformation. If a provision is held invalid or unenforceable, it will be enforced to the maximum lawful extent and, if permitted, reformed to reflect its lawful purpose; the remaining provisions remain effective.
22.4 No Waiver. Failure or delay in enforcing a provision is not a waiver of that provision or any later breach.
22.5 Assignment. The Customer may not assign or transfer rights or obligations under the Agreement without FêteBox’s prior written consent. FêteBox may assign the Agreement in connection with a merger, sale, reorganization, or transfer of substantially all relevant business assets. An assignment or transfer by the Customer without that consent is void.
22.6 Survival. Provisions that by their nature should survive completion, expiration, cancellation, or termination remain effective, including payment, Damage and Loss, inspection, release, limitation of liability, indemnification, billing disputes, intellectual property, event images, interest and enforcement costs, governing law, arbitration, and enforcement provisions.
22.7 Interpretation. Headings are for convenience only. “Including” means “including without limitation.” Singular and plural terms include each other as context requires. The Agreement will not be construed against a party merely because that party drafted it.
22.8 Notices and Contact. Notices from the Customer must be sent through the contact method identified in the booking confirmation or on FêteBox’s official website at www.feteboxatx.com. A notice is effective when received. Notices from FêteBox may be sent to the email address or mailing address provided by the Customer. Routine reservation communications may be sent to the email address or phone number provided by the Customer.
22.9 Late Payment. Past-due amounts bear interest from the due date at the lesser of one and one-half percent (1.5%) per month or the maximum rate permitted by law. If a charge is later determined to exceed the lawful maximum, the excess will be applied to the amount owed or refunded.
22.10 Enforcement Costs and Setoff. In an action or arbitration to enforce the Agreement, the prevailing party is entitled to recover its reasonable attorneys’ fees and costs, and FêteBox may recover reasonable collection costs on undisputed past-due amounts. FêteBox may set off any amount the Customer owes against any amount FêteBox owes the Customer, including a deposit refund.
CUSTOMER ACKNOWLEDGMENT
BY COMPLETING THE RESERVATION OR OTHERWISE ACCEPTING THESE TERMS, THE CUSTOMER ACKNOWLEDGES THAT THE CUSTOMER HAS READ, UNDERSTANDS, AND AGREES TO THE ENTIRE AGREEMENT, INCLUDING THE CONSPICUOUS ASSUMPTION-OF-RISK AND RELEASE PROVISIONS IN ARTICLE 14, THE LIMITATION-OF-LIABILITY PROVISIONS IN ARTICLE 15, THE INDEMNIFICATION PROVISIONS IN ARTICLE 16, AND THE BINDING ARBITRATION AND CLASS-ACTION WAIVER IN ARTICLE 21.
Reservation-specific details, including the Customer, event date, delivery address, Rental Package, Activities, Add-Ons, charges, deposit, delivery window, and pickup window, appear in the booking confirmation and are incorporated into the Agreement.