Terms & Conditions

Terms of Service

1. Terms

By accessing the website at http://www.noturaveragepicnic.com, you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.

2. Use License

  1. Permission is granted to temporarily download one copy of the materials (information or software) on Not Your Average Picnic's website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
    1. modify or copy the materials;
    2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
    3. attempt to decompile or reverse engineer any software contained on Not Your Average Picnic's website;
    4. remove any copyright or other proprietary notations from the materials; or
    5. transfer the materials to another person or "mirror" the materials on any other server.
  2. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Not Your Average Picnic at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. Disclaimer

  1. The materials on Not Your Average Picnic's website are provided on an 'as is' basis. Not Your Average Picnic makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
  2. Further, Not Your Average Picnic does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.

4. Limitations

In no event shall Not Your Average Picnic or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on Not Your Average Picnic's website, even if Not Your Average Picnic or a Not Your Average Picnic authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

5. Accuracy of materials

The materials appearing on Not Your Average Picnic's website could include technical, typographical, or photographic errors. Not Your Average Picnic does not warrant that any of the materials on its website are accurate, complete or current. Not Your Average Picnic may make changes to the materials contained on its website at any time without notice. However Not Your Average Picnic does not make any commitment to update the materials.

6. Links

Not Your Average Picnic has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Not Your Average Picnic of the site. Use of any such linked website is at the user's own risk.

7. Modifications

Not Your Average Picnic may revise these terms of service for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these terms of service.

8. Governing Law

These terms and conditions are governed by and construed in accordance with the laws of Houston, Texas and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.

9. Picnic Services

Booking

Not Your Average Picnic will not offer refunds once booked, but we can change your reservation time without penalty up to 72 hours before your picnic. Keep in mind that there will be no refund due to weather. There are no cancellation charges for rescheduling your picnic. Booking time slot availability is not guaranteed until all payments have been received.

Payment

All payments are due at booking prior to the event. The event setup will not occur without full payment. All events over 10 people and/or include balloons/backdrops will incur a 20% service fee. All events 20+ people will incur a 40% service fee. A separate invoice will be sent for that fee. A flat rate delivery fee of $50 will be added to all orders if delivery is in Dallas, TX. A separate invoice will be sent if delivery is outside of Dallas, TX. Delivery fees may range from $50-$300 depending on location. If you would like us to remove all the balloon decorations after the event you will be charged with a strike fee of $150.00. Late/early fee of $100 will apply if decorations are supposed to be brought before 9 am and after 9 pm.

Cancellation

Keep in mind that there will be no refund due to the weather. In the event of rainy weather a day before your event, you have the option to move your picnic to an indoor location, or rescheduling it to another date. Notice must be provided no less than 24 hours in advance and the rescheduled date is subject to availability. Please note that if the distance to the new location is significantly further from the original location, additional travel fees may be incurred. Refunds will not be offered in the event of rainy weather as other bookings will have been turned away to service your picnic event. There are no cancellation charges for rescheduling your picnic. You have up to 6 months to reschedule.

Alcohol Consumption

It is the responsibility of the customer to check alcohol laws of any venue or public space being used for our pop-up picnics. Some public parks are prohibited from drinking and a fine can be issued. We take no responsibility for any alcohol consumption or penalties.

Cleaning

All hire items should be made ready by the hire for breakdown and removal by Not Your Average Picnic at the agreed end time. Trash should be removed from surfaces and cleared from the venue or location by the hirer. Plates, glassware and flatware should be left on the table to be packed away by Not Your Average Picnic. Plates and glasses should be emptied but not cleaned.

Advertising

Not Your Average Picnic’s logo or photographs of the company equipment must not be used in any promotional or advertisement material for any event without prior consent from Not Your Average Picnic Events. If images or information from Not Your Average Picnic are shared on social media platforms including but not limited to Facebook, Pinterest, Instagram, TikTok, they must be credited and linked back to Not Your Average Picnic Events. Not Your Average Picnic has the right to use photos of our creative work for promotional purposes. Please inform us if you do not wish for this to happen. All creative work by Not Your Average Picnic must be credited accordingly. All publications, (media, print, blog, social media) must credit us or our vendors as the supplier of the concept and decor items.

Losses and Damages

All Equipment supplied on hire is the property of Not Your Average Picnic Events. Any damage, loss or extensive cleaning will result in a fee to The Customer.
The persons hosting the event is responsible for any loss or damage to any items such as platters, plates, vases, props and other decorations. Fees will apply for replacement at the full cost of purchasing a replacement. These fees are payable within seven days of such loss or damage unless agreed otherwise.
The Customer shall pay for all equipment damage or loss however caused during that period. Damage includes but is not limited to;

  • Improper use of equipment
  • Disappearance of the equipment
  • Damage to, or loss of, the equipment from any unknown cause
  • Cigarette burns on any furniture or decor items. Smoking is not permitted on or near the property of Not Your Average Picnic Events.
  • Red wine or other staining product spillages or stains on any furniture or decor items

With the exception of battery powered candles, no candles, fires or other flammable properties are to be lit during the booking.​

​In the event of the Equipment being stolen from the booking site, the Customer shall notify Not Your Average Picnic in writing stating the full circumstances of the theft and the time the police were notified. ​The Customer shall also reimburse the Company for any such loss of the equipment at the current replacement cost of the equipment and must pay that cost to the Company on demand. All hired equipment must not be relocated from the designated place of set up by the company. If the hiree moves the equipment, then an $85 fee could be incurred if there are any damages. The Customer warrants that all equipment will not be left unattended for the duration of the booking. If the Customer chooses to leave prior to their end time, they must give a 30 min notice to Not Your Average Picnic before leaving. The Company shall not be liable for any loss or damages arising out of the overloading, exceeding rated capacity, misuse, or abuse of the equipment by the Customer, and the Customer agrees to keep the Company indemnified in respect thereof.

The Customer shall be responsible for giving any local or other authorities any necessary notice of their intention to occupy an area within the authority’s locality and shall pay all fees in connection therewith. In the event that the Company incurs or suffers any loss, costs or damages as a consequence of the Customer's failure to carry out its obligations under these terms the Customer shall be solely responsible and shall indemnify the Company for any such loss, costs or damages.

Time Allocation

Your time allocation is selected once booking is confirmed. Should this time need to be extended a fee of $50 per hour will be charged to the Customer. There is no guarantee that your extra hours will be available unless you have given us advance notice. Not Your Average Picnic needs to be notified the day before of the extra hours before the event starts. Unless otherwise agreed by the Customer and the Company, all sitting times are for a 2 hour period. Extension to the sitting time will not occur in the event the customer does not arrive on time. The commencement and conclusion time of a booking will remain as per the original agreed booking. To avoid impact on successive bookings, in the event a Customer is greater than 15 minutes late to a booking, forfeiture of the booking will occur and no refund will be given. We are not responsible for any food allergies or any issues from foods that were purchased from third party vendors. For the safety of our staff, pack up in public spaces such as parks can be no later than 8 pm due to restricted lighting.