TERMS OF SERVICE.
Picnics & Pops LLC (PNP) makes it our mission to put the client experience at the forefront of everything we do. With that in mind, we cannot control many of the variables that make a Pop Up Picnic or Pop so magical - the location, weather, privacy, (and other factors that we may not even know are at play, like people!) are ever-changing. We ask that clients keep this in mind when booking. Your booking and the services provided by PNP are subject to these terms and conditions. You, Client (the person booking the service), assume all inherent risk and responsibility for themselves and their guests when booking. Please share all information with your guests before arrival to ensure safety and the best experience possible. PNP is not responsible for any loss, be it physical, personal, monetary, or otherwise. These terms are subject to change at any time, without notice.
LOCATION: During the course of booking your event, you can select from one of our recommended locations or enter your own. Our primary location is located at The Palette Community in Downtown Schenectady. The nature of a picnic outside of a private location (such as at your home or office) is access to public spaces. Any map we provide to clients are meant to serve as a guide, but we cannot guarantee any location as they are all first-come, first-served. We may move your picnic, at our discretion, to provide the best experience possible. We may move a picnic for any number of reasons, some of the most frequent are safety, privacy (we cannot control who will be in a public space and when,) access to shade, and views, among other reasons. We cannot guarantee an exact location although we will do our best to acquire access. If we cannot garner access, we will set up in another suitable location nearby. We cannot guarantee privacy. All local rules, signs, laws, and other permissions apply. Namely, glass and alcohol are prohibited at most parks. We cannot guarantee privacy, these are public spaces. Any location shall be subject to review for availability and access. We may not be able to accommodate all requests but we will do our best. When dealing with rough terrain: sand, trails, steep slopes, etc. or stairs, alleys, hallways, etc. we may not be able to navigate with all our equipment.
GUEST COUNT: When the provided Services are tied to the number of guests that you expect to attend your picnic or other event, you agree to notify PNP with an accurate guest count, including any children if you desire for the children to have a place setting, seating, and food. Please keep in mind that our table sizes vary based on guest count so if you under report your guest count, there likely will not be enough room.
ACCESSIBILITY: Outdoor locations are generally deemed safe at the time of booking but they each have their own risk and accessibility issues - please remember these are public spaces and we have no control over terrain, public use, weather, etc. Please let us know before booking if you require assistance in getting to a picnic location or if you require a specific type of equipment (table and chairs vs pillow seating.) Please be advised that many locations have rough, hard-to-access terrain including steep inclines, steps, grass, uneven pathways, sand, rocks, and other barriers. Locations are often changing due to natural processes (wind, rain, snow, frost heave, etc.) for this reason, we cannot guarantee access.
WEATHER: All reservations are weather permitting. In the event of a rare rain event, we will do all we can to accommodate a dry picnic either by moving to a covered location or by rescheduling to another day or time. PNP defines a “rain event” as being a 40% or greater chance of rain in the picnic location and time, up to 30 minutes before or after, as determined by Weather Underground, Accuweather, or similar weather forecasting service. No refunds will be issued for weather-related changes. A full credit will be available if you prefer to reschedule. If you request to reschedule with a low chance of rain (29% or less), PNP may issue a reduced credit to cover the cost of food, flowers, and other applicable perishables.
FOOD: Please be sure to let us know of any food sensitivities before booking.
FURNITURE and DECOR: Please only use these items in the manner which they were intended. Client assumes all risk that is inherent when using furniture and decor items and may be held responsible for damage.
PAYMENT: A non-refundable deposit of no less than fifty percent (50%) of the total cost for services shall be due upon booking. The remaining balance shall be due by no later than 7 days before the scheduled event date. Failure to pay the balance when due shall result in the termination/cancellation of you event without refund or credit for any deposit or other amounts paid.
CANCELLATION, CREDIT, and REFUND POLICY: We don't offer any refunds but we will try to reschedule your picnic or issue a credit with enough advance notice, depending on the size of your picnic.
Parties of 2, 3 or 4 guests: No refunds. Full credit up to 72 hours in advance. 72 hours-24 hours, a 50% credit will be available. Cancellations within 24 hours and no-shows will not be issued a credit.
Parties of 5-12 guests: No refunds. Changes and cancellations made 7 days or more in advance will be issued a full credit; 7 days-72 hours in advance, a 50% credit will be available. Cancellations within 72 hours will not be issued a credit.
Parties of 13-24 guests: No refunds. Changes and cancellations made 14 days or more in advance will be issued a 50% credit on the deposit. 13 days-7 days in advance, no credit but we will not charge your remaining balance. Cancellations within 7 days will not be issued a credit.
For parties of 25+ guests: No refunds. Changes and cancellations made 30 days or more in advance will be issued a 50% credit on the deposit. 30 days-7 days, no credit on the deposit but we will not charge the remaining balance. Cancellations or changes made within 7 days of the event will be charged the remaining balance due and will not be issued a credit.
Cancellation due to COVID-19 regulations- city, county or state shutdown: No refunds but CLIENT will have a full credit to use at a later date.
COVID-19: PNP takes the utmost care to protect clients and their guests, employees, and vendors from the spread of COVID-19. We follow all CDC and local guidelines for masking, social distancing, and glove and sanitation practices. Client agrees to notify PNP of any infection before attendance and limit exposure by prohibiting infected invitees and/or cancelling the picnic if necessary. Our priority is health and safety - PNP will do our best to accommodate your cancellation and rescheduling as preferable to Client as possible.
ARTISTIC RELEASE: PNP will use reasonable efforts to ensure services are produced in a style and manner consistent with its current portfolio and PNP 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. Picnic/event services are often a subjective art and PNP has a unique vision, with an ever-evolving style and technique;
3. PNP will use its artistic judgment when providing services for Client, which may not include strict adherence to Client’s suggestions;
4. Although PNP will use reasonable efforts to incorporate Client’s suggestions and desires, PNP shall have final say regarding the aesthetic judgment and artistic quality of the services;
5. Dissatisfaction with PNP's aesthetic judgment or artistic ability are not valid reasons for termination of any order or request of any monies returned.
INTELLECTUAL PROPERTY: In the event that any copyrighted work(s) are created as a result of the services provided by PNP, PNP shall own 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 providing services to Client, are expressly and solely owned by PNP and may be used in the reasonable course of PNP’s business.
PNP shall grant to you a non-exclusive license of all imagery and recording of product(s) and services provided for personal use. 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.
PHOTO RELEASE: By asking the PNP team to take photos or video, you grant PNP license to use your image and likeness for promotional materials, including but not limited to posts on our social media accounts.
FORCE MAJEURE: 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, infestation, pandemic,); 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.
LIMIT OF LIABILITY: Client agrees that the maximum amount of damages he or she is entitled to in any claim relating to services provided by PNP shall not to exceed the payments made by Client to PNP for the services.
INDEMNIFICATION: Client agrees to indemnify, defend and hold harmless PNP 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 PNP provides to Client.
APPROPRIATE CONDUCT/ SAFE WORKING ENVIRONMENT: You, both for yourself and on behalf of your guests, expressly agree to take best efforts to provide PNP and PNP staff with safe and appropriate working conditions. In the event of circumstances deemed by either PNP staff or a bystander to present a threat or implied threat of injury or harm, including harassment, to staff or equipment, PNP reserves the right to cancel all services remaining and leave the event. If the PNP cancels the event or PNP staff leave the event early due to any offending behavior, Client expressly agree to relieve and hold PNP harmless as a result of incomplete event coverage, or for a lapse in the quality of the services, and the Client shall be not be entitled to any refunds or credits.
GOVERNING LAW: The laws of the State of New York shall govern all matters arising out of or relating to your booking and/or the services provided by PNP, including torts.
SEVERABILITY: If any portion of these terms is deemed to be illegal or unenforceable, the remaining provisions shall 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: Electronic Mail to the email address provided in the booking.