Rental Agreement
RENTAL AGREEMENT
Client, with its principal address noted on the submission work order and event/party address noted on the submission work order services for event date from All Party Rentals Factory, Inc a California corporation company (“All Party Rentals Factory, Inc”), with its principal place of business 451 W. Lambert Rd Suite 214 Brea, CA 92821 to render the services set forth, and All Party Rentals Factory, Inc desires to accept such engagement upon the terms and conditions set forth below.
Responsibility and Use & Disclaimer Warranties: Client is responsible for the use of the rented items. Client assume all risks inherent to the operation and use of rented items, and agree to assume the entire responsibility for the defense of, and to pay, indemnity and hold Above All Party Rentals harmless from and hereby release Above All Party Rentals from, all claims for damage to property or bodily injury (including death) resulting from the use, operation or possession of the items, whether or not it be claimed or found that such damage or injury resulted in whole or part from Above All Party Rentals negligence, from the defective condition of the items, or any other cause. CLIENT AGREE THAT NO WARRANTIES EXPRESSED OR IMPLIED, INCLUDING MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE HAVE BEEN MADE IN CONNECTION WITH THE EQUIPMENT RENTED.
Equipment Failure: Client agrees to immediately discontinue the use of rented items should it at any time become unsafe or in a state of disrepair and will immediately (one hour or less) notify Above All Party Rentals of the facts. Above All Party Rentals agrees at our discretion to make the items operable in a reasonable time, or provide a like items if available, or make a like item available at another time, or adjust rental charges, The provision does not relieve Client from obligations of contract. In all events Above All Party Rentals shall not be responsible for injury or damage resulting in failure or defect of rented item.
Use of Equipment: Client agrees & covenants to be satisfied with the instruction and condition of equipment rented and the proper and safe use equipment, or that Client is so familiar and conveyed to Above All Party Rentals you were. Client further agrees that the items will only be used at the address listed on contract, and only for the purpose for which it was intended and manufactured. Subleasing or improper use is prohibited. Client agrees they have read all instruction manuals, operating instructions, and warnings related to rented items
Equipment Responsibility: Client is responsible for equipment from time of possession to time of return. Client assumes the entire risk of loss, regardless of cause. If items are lost, stolen, damaged, Client will assume cost of replacement or repair, including labor costs. Client shall pay a reasonable cleaning charge for rented items returned dirty.
Time of Return: Client’s right of possession terminates upon the expiration of rental period set forth on the contract. Time is of the essence in this contract. Any extension must be agreed upon in writing.
Late Returns : Client shall return rented items to Above All Party Rentals during regular business hours, promptly upon. or prior to expiration of rental period. If Client does not timely return, the rental rate shall continue until items are returned.
Payment: Client shall pay all charges payable on this contract in advance, provided however that all forgoing shall not limit the amount of payable by Client hereunder and all additional amounts hereunder shall be paid immediately as such costs are incurred. Client shall pay all
reasonable costs of collections, court, and attorney fees. If rental charges are not paid within
(10) days of the due date, Above All Party Rentals at our discretion may re-calculate rental charges on a daily basis. Client shall pay in addition to any other amounts payable hereunder, a service charge 3% per month on all past due accounts.
Client shall pay a 25% of amount due at time of reservation order. The balance will be due 3 days before the event. There is a 25% restocking fee if the reservation is canceled.
Additional charges: In addition to other charges and cost provided herein, Client shall pay charges in accordance with company rates then in effect for the following services. Delivery and/or Pick up to any location other than level ground. Set up of tables and chairs. Delivery and Pickup after business hours, Saturdays, Sundays, and Holidays. Packaging materials not returned. Service calls. Site survey and preparation.
Delivery & Pickup: Client shall clean and repackage (in original packaging) the rented items and if Above All Party Rentals agrees to pick up the item, Client shall make it available to Above All Party Rentals for pick up at a mutually agreed and convenient accessible location. Delivery and pickup shall be at the convenience of, and at the time designated by Above All Party Rentals. Client agrees to pay a service charge for each extra delivery or pickup call required by Above All Party Rentals. Client shall make its personnel available at the time designed for pickup, to assist, and pickup of all items.
Care of Equipment: In addition to its other obligations hereunder, Client shall: Pay a reasonable cleaning charge for items returned dirty. Protect the rented items from weather damage, breakage, unauthorized or improper use, theft or loss while in possession of Client.
Insurance: Client shall maintain, at Client’s expense, liability, property, and casualty insurance coverage in amount sufficient to fully protect Above All Party Rentals and its equipment against any and all claims, loss, or damage. In the event of loss or damage, client shall exercise, and shall empower us to exercise all your rights to obtain recovery under insurance and shall cooperate with Above All-Party Rentals to obtain recovery. All insurance proceeds should be given or assigned to Above All Party Rentals.
Site Preparation: Client agrees to have site cleaned and ready for delivery and installation or dismantled for pickup or the equipment, and agrees to pay any additional charges for any delay incurred along with any labor charges resulting in Client’s failure to do so.
Rental items can cause damage to your lawn, plants, trees, floors, and flowers. We are not responsible for these damages, and it is important for the customer to keep the area clean and organized.
Permits & Licenses: Client agrees prior to any installation of rental equipment including tents, to obtain at Clients’ expense, any and all necessary permits and licenses and other consents.
Subsurface Conditions: Client agrees to obtain any locating of underground utilities before delivery of rented items. Client also agrees to reimburse Above All Party Rentals for any additional costs incurred as a result of undisclosed or subsurface conditions. Above All Party Rentals is NOT responsible for any damage to underground sprinkler systems during tent and/or inflatable installations. It is the customer’s responsibility to provide Above All Party Rentals with a sprinkler line layout to decrease the risk of damage to a sprinkler line. However, even with a line layout there are no guarantees.
Hold Harmless Agreement: Client agrees all risk and agrees to hold Above All Party Rentals and any of its staff harmless from and against any and all claims, losses, liabilities, and damage, and all costs and expenses arising directly and indirectly at or relating to; The delivery, loading, unloading, erection, installation, dismantling, and use of rented equipment. Contact of underground utilities, pipes, or any condition on Client’s property. All necessary surface repairs. Any injury or damage during the use of rented equipment including inflatables, dunk tanks, and any interactive games.
Damage Waiver: If you agree to the damage waiver charge as specified, subject to the limitations and exclusions below, Above All Party Rentals agrees to modify the terms of this contract and relieve you of liability for accidental damage to the rented item(s) on this contract, and for loss due to fire, collision, windstorm, upset, riot. We exclude from this waiver, however, any loss or damage due to theft, misuse, or abuse, by conversion, intentional damage, mysterious disappearance or other loss due to your failure to care for the rented item(s).
Returned Checks: There will be a $35.00 charge on any returned check for any reason.
By accepting and submitting this form I agree to all terms and conditions.
