Rental Agreement
In consideration of renting Equipment described on the invoice page of this Rental Agreement, the parties agree to the following terms and conditions:
Definitions: For the purposes of this Rental Agreement, the Company, shall mean "Essential Fun Party Rentals,", its owners, officers, directors, shareholders, employees, contractors, volunteers, and agents; "Customer" shall mean the person(s) or company listed in the "rented to" box on the invoice page of this agreement, as well as the person signing the agreement (if different), and their agents, participants, guests, and/or employees.
Possession/Title: Customers right to possession of the rental Equipment begins upon the items being delivered to Customer's premises and terminates on the actual pick up by the Company. Title to the Equipment is and shall remain in the Company. Retention of possession, or any failure to permit the pickup of the item(s) at or after the end of the "Rental Period" specified constitutes a material breach of this Agreement. In the event that the Equipment is not returned for any reason, including theft, the Customer is obligated to pay to The Company the full replacement value for such Equipment, plus any and all incidental costs associated with the attempted pick up or recovery of the Equipment by The Company. Customer agrees to keep the Rental Equipment in his/her/their custody and control from the time of The Company delivery of the items, until The Company picks up such items. Customer shall not cause nor permit these items, or any of them, to be sublet, rented, sold, or removed from the Delivery Address, or otherwise transfer such items. If rental items are not returned and/or levied upon for any reason whatsoever, The Company may retake possession of said items without further notice or legal process and use whatever force is reasonably necessary to do so. Customer hereby agrees to indemnify, defend, and hold The Company harmless from all claims and costs arising from such retaking and/or levy. If rental items are levied upon, or otherwise moved from delivery site, Customer shall notify the Company immediately.
Rental Equipment: Customer hires the rental Equipment on an "as is" basis. Customer acknowledges receipt of Equipment, that they have inspected the Equipment and its installation prior to its use and certifies that they will abide by the operating/safety instructions. Should Equipment fail to function correctly at any time, the Customer agrees to cause all users to immediately cease use of that Equipment and contact Company immediately.
Care of Rental Equipment: Customer shall be responsible for any and all damage to any of the Rental Equipment not caused by ordinary wear and tear. "Ordinary wear and tear" shall mean only the normal deterioration of the rental equipment caused by ordinary, reasonable, and proper use of the rental equipment. Customer shall be liable to The Company for any and all damage, which is not "ordinary wear and tear", including but not limited to the application of paint, tape, permanent marker, "Silly String" or the unauthorized application of water to any devices not specifically authorized by The Company. Damage to units will result in a Repair Fee ranging from a minimum of $150 up to the cost of replacing the unit damaged. Negligent damage is not covered under the Damage Waiver. Equipment must be returned to the Company in the same clean and dry condition it was received. Dirty Equipment or units which can get wet, but have not been drained and dried properly will result in a Reconditioning Fee of $50 charged for each hour required to restore Equipment.
Waiver and Release of Liability: The Customer understands and acknowledges that play on an amusement device entails both known and unknown risks including, but not limited to, physical injury from falling, slipping, crashing or colliding, emotional injury, paralysis, distress, damage or death to any participant. In consideration of being permitted by the Company to use its equipment and facilities, the Customer hereby voluntarily and expressly releases, indemnifies, forever discharges and holds harmless the Company from any and all liability, claims, demands, causes or rights of action whether personal or to a third party, which are in any way connected with participation in this activity, including those allegedly attributable to negligent acts or omissions.
Limited Warranty: The Company warrants that the Rental Equipment leased under this Agreement will be in good working order when delivered under this Agreement. All equipment is supplied and maintained subject solely to this warranty. The Company's sole and exclusive obligation under this warranty is limited to repair or replacement of the rental equipment when the Company determines that it does not conform to this warranty. The Company makes no warranty of merchantability or fitness for any particular use or purpose, either express or implied. There is no warranty or representation that the rental equipment is fit for Customer's particular intended use, or that it is free of latent defects. The Company shall not be responsible to Customer or to any third party for any loss, damage, or injury resulting from, or in any way attributable to the operation of, installation of, use of, or any failure of the rental equipment. The Company shall not be responsible for any defect or failure unknown to The Company at the time of delivery.
Compliance with Laws: Customer agrees not to use or allow anyone to use the rental equipment for any illegal purpose or in any illegal manner or in an unsafe manner. Customer agrees at his/her/their sole cost and expense to comply with all municipal, parish, state, federal or other governmental or quasi-governmental laws, ordinances and/or regulations which may apply to the use of the rental equipment during the rental period. Customer further agrees to pay all licenses, fines, fees, permits, or taxes arising from Customer's use of the rental equipment, including any subsequently determined to be due. Customer is solely responsible for obtaining any all permits and/or licenses from the appropriate government agencies prior to use. The Customer is responsible to mark all sprinkler lines and call safe to dig if required by law. The Company will not be liable for damage to underground sprinklers or utility lines.
Legal Fees: If an attorney is retained to enforce any provision of the Agreement, the prevailing party shall be entitled to recover reasonable attorney fees and court costs in such action or proceeding, in an amount to be determined by the court or arbitrator.
Severability: If any of the terms or conditions of this Agreement is found to be unenforceable, illegal or unconscionable by a court of competent jurisdiction, such item shall be stricken from this Agreement, and the remaining terms and conditions of this Agreement shall stay in full force and effect.
Payment and Term of Rental Agreement: The rental fee set forth is payable in full before or upon arrival. All of Customer's obligations arising under the terms and conditions of this Rental Agreement shall run from the actual delivery to the actual pick up of the Equipment by The Company. Customer agrees that by accepting delivery of the Equipment, the Company has completed its obligation, and that the Customer shall not be entitled to any refund if Customer elects not to use the Equipment due to weather or any other cause.
Delivery: The Company shall deliver the Rental Equipment to the address specified by Customer as listed on the invoice page of this Agreement. Customer grants to The Company true right to enter the property at the address specified by Customer for delivery and required set up, and for subsequent pick up of the Rental Equipment and any associated equipment or packing materials at the approximately specified times. Delivery and pick-up times are estimates. Delivery crews may arrive up to (2) hours before the scheduled start time and pick up crews may arrive up to (2) hours after the scheduled end time. Customer agrees to prepare the delivery site by removing all rocks, sticks, and animal droppings. Customer also agrees that an adult will be at the delivery site at the agreed time to accept delivery. In the event Company attempts a delivery and the Customer is not available, Company will attempt to contact the Customer by telephone. If Company is not able begin setup with ten (10) minutes of arrival at delivery site, the delivery will be considered abandoned, and the delivery crew will continue to the next delivery. Customer may then contact the Company to arrange an agreeable redelivery time. If redelivery is not possible, monies will be refunded according to Company Cancellation Policy.
Cancellation Policy: All payments are non-refundable and guarantee your rentals for the day of your event. Customers payment will be converted to a raincheck applicable to any rental within following 12 months. The Company reserves the right cancel an order at any time, for any reason, including but not limited to: severe weather conditions; a location that is unsafe or inaccessible due to doors, gates, slopes or steps; or if there is reason to believe that the equipment and or its users may be in danger.
Safety/Operating Instructions: In addition to the information set forth in this agreement, the customer acknowledges that there are safety and operating instructions on the equipment delivered and agrees to read those instructions and operate the equipment, or allow the equipment to be operated or used, in accordance with those instructions. Customer understands that the Company does not provide any operators with this rented equipment unless specifically hired, and that Customer, is solely responsible for the correct and safe operation of this equipment. Customer WILL NOT move any piece of equipment after it has been staked down or secured with adequate sandbags. Customer will not permit the Equipment to be operated by anyone who is not fully qualified and who has not received instruction from customer on the safe operation and use of the Equipment, nor shall customer allow any person to use or operate the Equipment when it is in need of repair or when it is in an unsafe condition or situation.
Fireworks of any kind or anything with an open/exposed flame are completely prohibited while the inflatable is in use. Aerial fireworks tend to drop hot embers and can severely damage the inflatable. Please be mindful of your festivities this weekend as damage from fireworks can cause costly repairs, cleaning fees and/or replacement fees that are the responsibility of you the renter/lessee. If these items are going to be used, they need to be far from the inflatables and with the understanding that if they accidentally come down and damage an inflatable that you are the lessee and you are responsible for the repair costs.
Please Note: The items listed above (fireworks) will cause permanent damage to the inflatable(s) which may or may not be repairable. Fireworks can melt the vinyl leaving holes and they can stain the inflatable leaving discoloration and residue which requires extensive cleaning or permanent damage. Negligence and damage to the units) will result in minimum $400 repair fee, per occurrence. If the unit is not repairable, renter/lessee will be responsible for a replacement fee of a new unit, shipping and handling charges, loss rental income, collection and attorney fees and any other related fees, per occurrence. Upon booking, you've signed our contract accepting full liability and as the lessee/renter are responsible for any repair or replacement damage.
OVERNIGHT RENTALS: Lessee understands and acknowledges that the blower is to be removed from the Inflatable device and locked up in a secure location overnight. This applies to all electric like but not limited to bluetooth speaker, foam machine / inflatable blower, and etc.
Rules Governing the Safe Operation of Equipment: The following rules detail safe operational guidelines for the Equipment. Please ask any questions you may have before you begin use of the equipment.
-Tables and chairs will be dropped off without set up, *unless requested. Table cloths are required. Pick up must be the same spot/set up as drop off.
-Tents are windproof up to 20 mph. A text/phone call will be sent out if weather projections change with instructions for the tent to be lowered to lowest height setting and/or how to break down tent until safe to use.
-Generator must not be refilled with any gas.
Entire Agreement: This Agreement constitutes the full agreement between The Company and Customer. Any other agreements, whether written or oral, promises, negotiations or representations not expressly set forth herein shall be of no force or effect. Customer acknowledges and certifies that they have had a sufficient opportunity to read this entire Agreement, and agree to be bound by all the terms and conditions herein.
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