MOMENTS ELEVATED

TERMS AND CONDITIONS

These Terms & Conditions outline the policies that apply to bookings and services provided by Moments Elevated. By booking an event, paying a deposit, signing a booking agreement, or otherwise engaging the services of Moments Elevated, the Client acknowledges and agrees to the applicable terms below.

For purposes of these Terms, “Provider” means Adrianna Polley, operating as Moments Elevated, and any future business entity, employees, contractors, agents, or representatives providing services under the Moments Elevated name. “Client” means the individual booking the event and is responsible for all guests attending the event.

1. BOOKING & PAYMENT

Bookings should be made at least five (5) days before the requested event date. Last-minute bookings may be accepted based on availability but are not guaranteed.

A 40% non-refundable deposit is required to secure an event date and time. No date or time is considered reserved until the required deposit has been successfully received.

The final invoice will be sent seventy-two (72) hours before the scheduled event and must be paid in full no later than forty-eight (48) hours before the event. Moments Elevated may cancel the booking and withhold performance if payment is not successfully completed by the deadline.

Requests to change the guest count, add-ons, location, or other event details should be made before final payment. Changes requested after final payment are not guaranteed and may be denied based on availability, logistics, or the nature of the requested change.

All booking payments are processed securely through Stripe.

A valid reusable payment method must also be saved through Stripe as part of the booking process. Payment information is securely stored and processed by Stripe and is not retained by Moments Elevated as raw card information.

A booking is not considered fully confirmed until the required deposit has been paid, the applicable booking agreement has been signed, and a valid reusable payment method has been saved through Stripe.

2. CLIENT CANCELLATIONS

The 40% booking deposit is non-refundable.

If the Client cancels more than forty-eight (48) hours before the scheduled event, payments made beyond the non-refundable deposit will be refunded.

If the Client cancels within forty-eight (48) hours of the scheduled event, all payments made will be forfeited.

Refunds will not be provided for change of mind, scheduling mistakes, failure to attend, late arrival, early departure, dissatisfaction with weather, or circumstances outside Moments Elevated's reasonable control.

In the event of a genuine emergency, Moments Elevated may, at its sole discretion, offer a booking credit or rescheduling option. Moments Elevated is under no obligation to do so unless otherwise required by the signed booking agreement or applicable law.

3. WEATHER & RESCHEDULING

Moments Elevated specializes in outdoor experiences, and all outdoor events are subject to changing weather and environmental conditions.

If weather conditions are unsafe, impractical, or reasonably likely to damage equipment or prevent the event from being provided as intended, Moments Elevated may require the event to be rescheduled.

Payments made toward the original event will transfer to the approved rescheduled date.

Weather-related rescheduling is limited to one reschedule and must generally occur within sixty (60) days of the original event date, subject to availability.

If the Client subsequently cancels the rescheduled event, all payments made will be forfeited.

The Client may arrange an appropriate backup indoor location. Any backup location must be secured by the Client, approved by Moments Elevated, and communicated at least five (5) days before the scheduled event.

The final event location must be confirmed at least forty-eight (48) hours before the event. Additional travel or logistical fees may apply if the location changes.

4. PROVIDER CANCELLATIONS

If Moments Elevated must cancel an event for reasons other than a Client breach of these Terms or the signed booking agreement, the Client will be notified as soon as reasonably possible.

The Client may choose to receive a refund of amounts paid or apply those payments toward a mutually agreed rescheduled date.

Moments Elevated may cancel or reschedule an event because of illness, injury, severe weather, venue closure, safety concerns, emergencies, acts of God, or other circumstances beyond its reasonable control.

In such circumstances, Moments Elevated's obligation will be limited to the remedies provided in the applicable booking agreement and to the extent permitted by law.

5. LOCATIONS, PERMITS & ACCESS

Unless otherwise agreed in writing, the Client is responsible for obtaining any permits, parking passes, reservations, approvals, or other authorizations required for the selected event location.

The Client is responsible for ensuring that the selected location permits the activities associated with the event, including picnics, food, décor, photography, and any other planned activities.

Moments Elevated is not responsible for fines, citations, permit denials, venue restrictions, park regulations, removal from a location, or interruptions caused by third parties or governing authorities.

If a selected location becomes inaccessible, restricted, unsafe, or otherwise unavailable, Moments Elevated may relocate the event when reasonably feasible. Additional travel or logistical fees may apply.

Clients are welcome to refer to or request Moments Elevated's list of recommended locations that do not typically require special permits or authorization. Because rules and land-management requirements can change, the Client remains responsible for confirming current requirements for the selected location.

6. EVENT DURATION, ARRIVAL & NO-SHOWS

Standard Moments Elevated picnic experiences include up to two (2) hours of event time.

Requests to extend an event should be made at least forty-eight (48) hours in advance and are subject to availability. Approved extensions are billed at $100 per additional hour.

Unused event time is not refundable.

Late arrival does not automatically extend the scheduled event end time.

Moments Elevated will hold the reservation for up to fifteen (15) minutes after the scheduled start time. If the Client has not arrived within that grace period, the reservation may be treated as a no-show. Moments Elevated may dismantle and remove the setup, and all amounts paid will be forfeited.

If you are running late, please keep in contact with your assigned event coordinator. Moments Elevated will do its best to accommodate a late arrival when reasonably possible; however, late arrival does not guarantee an extension, and the event will likely still end at the originally scheduled time.

7. EQUIPMENT, FURNISHINGS & CLIENT RESPONSIBILITY

All tables, stools, chairs, rugs, cushions, pillows, blankets, linens, glassware, plates, platters, utensils, serving pieces, vases, vessels, baskets, books, games, props, décor, signage, equipment, cases, containers, and other items supplied by Moments Elevated remain the property of Moments Elevated.

The Client is responsible for Provider-owned property from completion of setup until retrieval by Moments Elevated.

The Client is responsible for the reasonable and documented cost of repair, professional cleaning, restoration, or replacement of Provider-owned property damaged beyond ordinary wear.

Chargeable damage may include, but is not limited to:

• Missing or unreturned items

• Stains, burns, tears, punctures, breakage, or scratching

• Water, food, beverage, pet, or other preventable damage

• Vandalism or misuse

• Unauthorized relocation or removal of equipment

• Climbing, standing, or sitting on items not intended for that purpose

• Damage caused by children, guests, pets, or service animals where liability is permitted by law

Provider-owned equipment must remain within the designated setup area and may not be moved, removed, dismantled, or repurposed without approval.

The setup should not be left unattended.

If the Client wishes to leave the event early, Moments Elevated should be notified at least thirty (30) minutes before departure whenever reasonably possible so arrangements can be made to retrieve the setup.

In the event of suspected theft, the Client agrees to provide prompt notice and reasonable cooperation with any necessary documentation, law enforcement report, or insurance process.

8. DAMAGE, LOSS & POST-EVENT CHARGES

If Moments Elevated identifies damage, loss, theft, excessive cleaning, repair, replacement, or another chargeable post-event issue, the Client will receive written notice describing the issue and an itemized invoice. Photographs or other supporting documentation will be provided when reasonably applicable.

The Client will have seven (7) calendar days from the invoice date to pay the amount owed. A damage or loss invoice may be paid through Stripe, Zelle, or Venmo.

If the amount remains unpaid after the seven-day payment period, Moments Elevated will provide at least one (1) additional calendar day's written notice before charging the reusable payment method securely saved through Stripe.

Moments Elevated is authorized under the signed booking agreement to charge up to $2,000 to the saved payment method for qualifying post-event amounts without obtaining separate written authorization for each individual charge.

This authorization does not limit the Client's responsibility for damages or amounts exceeding $2,000. If losses exceed the authorized card-charge amount, Moments Elevated may pursue the remaining balance through other lawful means.

Any chargeable post-event damage, loss, theft, or cleaning issue must be identified within fourteen (14) days after the event.

If there is no unresolved authorized balance or chargeable issue, Moments Elevated will remove or request removal of the saved payment method within a reasonable period, subject to Stripe's lawful record-retention and payment-processing practices.

A failed, declined, disputed, reversed, canceled, expired, or otherwise unavailable payment method does not eliminate the Client's responsibility for amounts legitimately owed under the applicable booking agreement.

9. PROHIBITED ITEMS & CONDUCT

For the safety of guests, property, and surrounding environments, certain items and activities are prohibited within or near a Moments Elevated setup.

Open flames, candles, fire pits, grills, fireworks, smoking, vaping, combustible materials, and hazardous materials are prohibited unless Moments Elevated expressly approves a specific item and its use is permitted by applicable law, venue rules, and current fire restrictions.

Birthday cake candles are permitted when their use is lawful and allowed by the venue and applicable fire restrictions.

Moments Elevated reserves the right to immediately terminate an event without refund if conduct becomes unsafe, illegal, threatening, destructive, excessively intoxicated, disorderly, or otherwise creates an unreasonable risk to people, property, equipment, or the surrounding environment.

10. PETS & ANIMALS

Pets are not permitted within or immediately surrounding the Moments Elevated setup and may not be placed on or allowed to come into contact with Provider-owned equipment, furnishings, rugs, pillows, linens, or décor.

The Client is responsible for ensuring that guests comply with this policy and is responsible for damage or excessive cleaning resulting from an animal, including staining, odors, hair, or dander.

This policy does not restrict service animals where access is required by applicable law. Responsibility for actual damage caused by an animal will be determined in accordance with applicable law.

11. ALCOHOL & CONTROLLED SUBSTANCES

Moments Elevated does not provide, sell, serve, furnish, or supply alcoholic beverages.

If alcohol is brought to an event, the Client and guests are solely responsible for complying with all applicable laws, venue policies, permit requirements, park rules, and age restrictions.

If Moments Elevated becomes aware of alcohol possession or consumption by a minor, the event may be immediately terminated. No refund will be required, and amounts paid may be forfeited as permitted by the applicable booking agreement and law.

Illegal drugs and unlawful controlled substances are prohibited.

12. FOOD, BEVERAGES & THIRD-PARTY VENDORS

Moments Elevated may coordinate the purchase, pickup, delivery, transportation, or presentation of food, beverages, charcuterie, desserts, floral products, photography, or other goods and services supplied by independent third-party vendors.

Moments Elevated does not prepare, manufacture, inspect, or control third-party food or products and does not control a third-party vendor's staffing, ingredients, preparation methods, facilities, allergen practices, cross-contact procedures, food-safety practices, product quality, timeliness, licensing, or regulatory compliance.

The Client is responsible for informing Moments Elevated of known allergies, dietary restrictions, or other material needs.

Moments Elevated will use reasonable care when communicating information provided by the Client but cannot guarantee that third-party food will be allergen-free or free from cross-contact.

Any Moments Elevated representative who takes custody of prepared food after pickup from a third-party vendor for transportation, handling, or presentation will maintain a current food handler permit or certification recognized by the State of Utah, as required by applicable law.

Moments Elevated will exercise reasonable care when transporting, presenting, or handling vendor-provided items while those items are in its possession.

To the fullest extent permitted by law, Moments Elevated is not responsible for illness, allergic reaction, contamination, foodborne illness, vendor delay, vendor nonperformance, or product defects arising from independent third-party products or services, except to the extent caused by Moments Elevated's gross negligence or intentional misconduct.

13. PHOTOGRAPHY & MARKETING

Moments Elevated may photograph or record portions of an event for portfolio, website, social media, advertising, marketing, and promotional purposes.

By booking, the Client grants permission for such use without compensation unless the Client opts out in writing before the event.

Moments Elevated will make reasonable efforts to honor a timely photography opt-out request but cannot guarantee the exclusion of all individuals from photographs or recordings taken in public settings or by unrelated third parties.

14. ASSUMPTION OF RISK

Outdoor events involve risks that cannot be completely eliminated.

These may include uneven or slippery terrain, rocks, roots, mud, water, weather, wind, sun exposure, changing temperatures, insects, wildlife, plants, falling branches, nearby roads or bodies of water, food-related risks, actions of third parties, and other natural or environmental conditions.

The Client and guests are responsible for determining their own ability to safely access and participate in the event, wearing appropriate footwear and clothing, supervising minors, following posted rules and reasonable safety instructions, and avoiding unreasonable risks.

By participating, the Client and guests voluntarily assume the ordinary and inherent risks associated with outdoor activities and the selected event location.

15. RELEASE, INDEMNIFICATION & LIMITATION OF LIABILITY

To the fullest extent permitted by Utah law, the Client agrees to release and hold harmless Moments Elevated from claims arising from ordinary and inherent risks associated with the event, except to the extent caused by Moments Elevated's gross negligence or intentional misconduct.

The Client agrees, to the extent permitted by law, to indemnify, defend, and hold harmless Moments Elevated from third-party claims, damages, losses, liabilities, or expenses resulting from the acts or omissions of the Client or the Client's guests, violations of venue rules or law, damage to property, or material breach of the applicable booking agreement.

To the fullest extent permitted by law, Moments Elevated's total aggregate liability arising from an event will not exceed the amount actually paid to Moments Elevated for the event giving rise to the claim.

Moments Elevated will not be liable for indirect, incidental, consequential, special, punitive, or exemplary damages, including lost opportunities, emotional distress, travel expenses, lodging expenses, lost profits, third-party losses, or losses resulting from circumstances outside Moments Elevated's reasonable control, except where such liability cannot legally be limited or excluded.

16. FORCE MAJEURE

Moments Elevated is not responsible for delays, interruptions, cancellations, or inability to perform caused by circumstances beyond its reasonable control.

Such circumstances may include severe weather, wildfire, smoke, natural disasters, government action, road closures, public emergencies, labor shortages, utility failures, venue or public-land closures, illness, injury, transportation disruption, or other unforeseen events.

17. RIGHT TO REFUSE FUTURE SERVICE

Moments Elevated reserves the right to decline future bookings or terminate an ongoing business relationship because of non-payment, harassment, abusive behavior, safety concerns, repeated policy violations, fraud, misuse of property, chargeback abuse, material breach of an agreement, or other circumstances presenting an unreasonable business or safety risk.

18. GOVERNING LAW

These Terms and any applicable booking agreement are governed by the laws of the State of Utah.

Subject to any non-waivable rights or jurisdictional requirements, legal proceedings relating to an agreement with Moments Elevated will be brought before a court of competent jurisdiction in Utah.

19. SEVERABILITY, WAIVER & AMENDMENTS

If any provision of these Terms or a signed booking agreement is determined to be invalid, illegal, or unenforceable, the remaining provisions will continue in effect to the fullest extent permitted by law.

Failure or delay by Moments Elevated in enforcing a provision does not constitute a waiver of that provision or any other right.

Material amendments to an individual booking agreement must be made in writing and agreed to by the applicable parties.

20. ENTIRE AGREEMENT & BOOKING-SPECIFIC TERMS

These website Terms provide general information regarding Moments Elevated's booking policies and conditions.

Individual bookings may also be governed by a signed Terms & Conditions and Payment Authorization Agreement, the applicable Stripe invoice or booking summary, and any written booking-specific amendment.

If there is a direct conflict between these general website Terms and a subsequently executed booking-specific agreement, the signed booking-specific agreement will control with respect to that booking.

By completing a booking with Moments Elevated, the Client acknowledges that additional acknowledgments, payment authorizations, and electronic signatures may be required before the reservation is considered confirmed.

Last Updated: September 2026