For the purpose of this Rental Agreement, “Rental Center” shall mean Just 4 Fun Party Rentals Inc, its owners, officers, directors, shareholders, and employees, and “Customer” shall mean Customer, its agents and/or employees. In consideration of hiring of the equipment (herein “the rental equipment or equipment”) described on the Confirmed Order(s) of this Rental Agreement it is agreed as follows:
1. Cancellations & Refunds: If you cancel 15 or more days in advance we will issue you a full refund less 30% administrative fee or $25 whichever is greater. If you cancel 15 days or less, full or partial, this will be considered a breach of contract and a refund will not be issued. Special ordered items are non-refundable. Cancellation must be received verbally during business hours only and you will receive with emailed acknowledgement. *Weekend cancellations will be applied to the next business day. **To further clarify; if you cancel within 15 days of your event date, there is no refund. Even if you booked within 15 days of your event date.
2. Delivery Terms: The delivery time(s) are disclosed in your Confirmed Booking between 8am-5pm, we expect you to be available for delivery without delay. Paid appointment times will show as a line item. Someone over 18 years old must be available upon delivery. It is our pleasure to offer set-up of tables, chairs, tents and games, however you must do your part and have a clear plan of where you want your items set-up and submit that to our office at least 2 days prior to your delivery. Our staff are on a strict schedule so having a clear plan is critical, if a plan is not available our staff may leave the items in the parking area or schedule a redelivery for an additional fee. *Stand by fee(s) are $65 per man per hour.
3. Delivery Conditions: By accepting this agreement, you agree to provide basic access to your event site. To avoid after-the-fact labor charges, you must disclose any difficult delivery conditions such as long hauls, steps, hills, puzzle shaped terrain, stairs, elevators, gated access, blocked access, sand, gravel etc at the time of booking. We fully reserve the right to refuse service without penalty, damage claims or refund if the Customer or delivery location poses a threat to the safety or health of our staff. *Some items may be canceled and not re-delivered, without refund, if these conditions exist and are not stated on this rental agreement. **Our staff will not move items or cut landscaping, please have your site prepared.
4. Unused Rentals & Items: By accepting this agreement, you understand that there are no refunds or discounts on unused or partially used rentals, products, services or rejected equipment that is in clean and working condition (know what you’re renting and what is required for the item to work).
5. Electronic Delivery of Future Disclosures/Contract Terms. You agree to accept all contract terms, disclosures and other communications between you and us at the primary e-mail address associated with your Just 4 Fun Customer account. You should print and retain a copy of all such terms, disclosures and communications for your records. *Current versions can be reviewed at full size online under Rental Policies; https://just4funpartyrentals.com/rental-policies/
6. Agreement/Contract Changes. We may in our sole discretion change these Agreement/Contract Terms and Conditions, Just 4 Fun’s rental policies and agreement terms at any time without notice to you. If any change is found to be invalid, void, or for any reason unenforceable, that change is severable and does not affect the validity and enforceability of any other changes or the remainder of these Agreement/Contract Terms and Conditions. We reserve the right to subcontract any of our rights or obligations under these Terms and Conditions. YOUR USE OF CREDIT CARD PAYMENT CONSTITUTES YOUR ACCEPTANCE OF THESE CHANGES.
9. Return Rental Condition. All rentals are to be returned in the same condition as when received. *All food service rentals should be returned rinsed/repacked in crates without food. If not, you will be charged for cleaning at a reasonable daily rate. *Linens are to be returned unwashed and shaken free of debris. *Inflatables are to be returned broom swept. Excessive dirt and/or water/mud/alcohol will incur a second day rate plus a minimum $175 cleaning fee. *You agree to have all items ready for pick-up at the time specified in your agreement, if items are not ready or inaccessible when the driver arrives, you will be charged a minimum of $50 to arrange an alternate pick-up time, and may be responsible for additional rental fees.
INDEMNITY/HOLD HARMLESS. CUSTOMER WILL TAKE ALL NECESSARY PRECAUTIONS REGARDING THE EQUIPMENT RENTED, AND PROTECT ALL PERSONS AND PROPERTY FROM INJURY OR DAMAGE. CUSTOMER AGREES TO HOLD HARMLESS RENTAL CENTER FROM AND AGAINST ANY AND ALL LIABILITY, CLAIMS, JUDGMENTS, ATTORNEYS’ FEES AND COSTS, OF EVERY KIND AND NATURE, INCLUDING, BUT NOT LIMITED, TO INJURIES OR DEATH TO PERSONS AND DAMAGE PROPERTY, ARISING OUT OF THE USE, MAINTENANCE, INSTRUCTION, OPERATION, POSSESSION, OWNERSHIP OR RENTAL OF THE EQUIPMENT RENTED, HOWEVER CAUSED.
ASSUMPTION OF RISK/RELEASE-DISCHARGE OF LIABILITY. CUSTOMER IS FULLY AWARE AND ACKNOWLEDGES THERE IS A RISK OF INJURY OR DAMAGE ARISING OUT OF THE USE OR OPERATION OF THE EQUIPMENT RENTED HEREUNDER AND HEREBY ELECTS TO VOLUNTARILY ENTER INTO THIS RENTAL AGREEMENT AND ASSUME ALL OF THE ABOVE RISKS OF INJURY OR DAMAGE. CUSTOMER AGREES TO RELEASE RENTAL CENTER FROM ALL OF THE ABOVE RISKS OF INJURY OR DAMAGE. CUSTOMER AGREES TO RELEASE AND DISCHARGE RENTAL CENTER FROM ANY AND ALL RESPONSIBILITY OR LIABILITY FROM SUCH INJURY OR DAMAGE ARISING OUT OF THE USE OR OPERATION OF THE EQUIPMENT; AND CUSTOMER FURTHER AGREES TO WAIVE, RELEASE AND DISCHARGE ANY AND ALL CLAIMS FOR INJURY OR DAMAGE AGAINST RENTAL CENTER WHICH CUSTOMER OTHERWISE MAY BE ENTITLED TO ASSERT.
10. OPERATORS. No operators are furnished, directly or indirectly with our equipment. Any and all staff provided, are for entertainment purposes only.
11. RECEIPT/INSPECTION OF EQUIPMENT. Customer hires the equipment on an “as is” basis. Customer acknowledges that he had, or will, personally inspect the equipment prior to its use and finds it suitable for Customer’s needs. Customer acknowledges receipt of all items listed in the Rental Agreement and that the equipment is in good working order and repair and that Customer understands (without further instructions) its proper operation and use.
12. POSSESSION/TITLE. Customers right to possession of the equipment begins upon equipment leaving Rental Center and terminates on the Agreed Return Date indicated on the front of this Rental Agreement. Retention of possession after this date constitutes a material breach of this Rental Agreement. Time is of the essence of this Rental Agreement. Any extension of this Rental Agreement must be agreed upon in writing. Title to the equipment is and shall remain in Rental Center. If the equipment are not returned and/or levied upon for any reason whatsoever, Rental Center may retake said equipment without further notice or legal process and use whatever force is reasonably necessary to do so. Customer hereby agrees to indemnify, defend and hold Rental Center harmless from any and all claims and costs arising from such retaking and/or levy. If any equipment is levied upon, Customer shall notify Rental Center immediately.
13. RENTAL PERIOD/RATE/PAYMENT. Rental Period is for a maximum of twenty-four (24) hours unless a longer term is specified in the Rental Agreement Agreed Pick-Up Date on the front of this Rental Agreement. Rental rates are based upon single shift usage (eight hours per day, five days per week). If Customer makes greater use of the equipment, it is agreed that the additional usage will be charged. Rental charges begin immediately upon equipment leaving Rental Center. Rental charges end upon return of the equipment to the Rental Center in an acceptable condition. No allowance will be made for Saturdays, Sundays, Holidays, or time in transit, nor for any period of time the equipment may not be in actual use while in Customer’s possessions. If the equipment is returned prior to the end of the minimum rental period, the rental due shall be for the entire minimum rental period. Rental Center may terminate rental at anytime and retake the equipment without further notice in case of violation by Customer of any terms or conditions of this Rental Agreement. Customer agrees to pay any collections costs and attorney fees incurred in collection of this account. Customer agrees to pay all NSF fees and a monthly service charge of 1.5% on all unpaid balances. Customer also agrees to pay Rental Center a fee for environmental compliance.
14. ORDINARY WEAR AND TEAR. Customer shall be responsible for all damage beyond ordinary wear and tear. “Ordinary wear and tear” shall mean only the normal deterioration of the equipment caused by ordinary, reasonable and proper use of the equipment. Damage which is not “ordinary wear and tear” includes, but is not limited to: damage due to overturning, overloading or exceeding rated capacities; breakage; improper use; abuse; lack of cleaning; dirtying of equipment by paint, mud, plaster, concrete, resin or any other material.
15. COMPLIANCE WITH LAWS/USE OF EQUIPMENT. Customer agrees not to use or allow anyone to use the equipment for any illegal purpose or in any illegal manner or in an unsafe manner. Customer agrees at his sole cost and expense to comply with all municipal, county, state and federal laws, ordinances and regulations which may apply to the use of the equipment during the rental period. Customer further agrees to pay all licenses, fines, fees, permits, or taxes arising from his use of the equipment, including any subsequently determined to be due. Customer shall not allow any person who is not qualified and who has not received and understands safety and operating instructions and who does not utilize all safety equipment required, to operate the equipment or use the equipment. Customer shall not 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; modify, misuse, harm or abuse the equipment; permit any repairs to the equipment without Rental Center’s prior written permission; or, allow a lien to be placed upon the equipment. Customer agrees to check filters, oil, fluid levels, air pressure, clean and visually inspect the equipment at least daily and to immediately discontinue use and notify Rental Center when equipment is found to need repair or maintenance or is not properly functioning. Customer acknowledges that Rental Center has no responsibility to inspect the equipment while it is in Customer’s possession.
16. RETURN OF EQUIPMENT. Customer agrees to return to Rental Center the equipment in as good condition as when received, ordinary wear and tear excepted by Rental Agreement Agreed Pick-Up Date. Customer shall be liable for all damages to or loss of the equipment and liability incurred prior to equipment’s return to Rental Center. Customer shall be responsible for all costs incurred by Rental Center recovering and returning damaged equipment to Rental Center’s premises. If equipment is to be “picked-up” by Rental Center, Customer agrees to provide a secure storage location and Customer accepts all risk including damage to and liability relative to equipment until the equipment is picked-up by Rental Center. *Rental Center has 10 days to evaluate the returned rentals for damage(s).
17. DISCLAIMER OF WARRANTIES. Rental Center makes no warranty of merchantability or fitness for any particular use of purpose, either express or implied. There is no warranty or representation that the equipment is fit for Customer’s particular intended use, or that it is free of latent defects. Rental Center shall not be responsible to Customer or any third party for any loss, damage or injury resulting from, or in any way attribute to the operation of, use of, or any failure of the equipment. Rental Center shall not be responsible for any defect or failure unknown to the Rental Center. Customers sole remedy for any failure of or defect in the equipment shall be termination of the rental charges at the time of failure provided that the Customer notifies Rental Center within twenty-four (24) hours of such failure.
18. INFLATABLE RENTALS. I agree that I have adequate home owners/renters/event insurance to cover myself, my family, my guests, and others using the equipment. *See attached Addenda.
19. SUBLETTING/LOCATION OF EQUIPMENT. Customer agrees not to sublet, loan or assign the equipment. Customer shall not move the equipment from the address at which Customer represented it was to be used.
20. DEFAULT. Should Customer in any way fail to observe or comply with any provision of this Rental Agreement, Rental Center may, at its sole option, terminate this Rental Agreement, retake the equipment, declare any charges due and payable and initiate legal process to recover monies owed, and/or, pursue any other legal rights and remedies available to Rental Center. Exercise of any remedy available to Rental Center shall not constitute an election of remedies or a waiver of any additional remedies to which Rental Center may be entitled.
21. RETAKING OF EQUIPMENT. If for any reason it becomes necessary for Rental Center to retake the equipment, Customer authorizes Rental Center to retake the equipment without further notice or further legal process and agrees that Rental Center shall not be liable for any claims for damage or trespass arising out of the removal of the equipment.
22. YOU ARE RESPONSIBLE FOR FULL VALUE OF EQUIPMENT, INCLUDING;
I. Any item of equipment or part thereof, which is not returned for whatever reason, including theft.
II. Damage resulting from improper use, failure to secure during transportation (which is not allowed), overloading or exceeding the rated capacity of the equipment;
III. Damage to motors or other electrical appliances or devices caused by artificial current;
IV. Damage resulting for misuse, abuse, failure to maintain, cleanliness, proper oil, fuel, hydraulic, coolant or pressure levels, lack of lubricant or other normal servicing of equipment;
V. Damage as a result of vandalism or malicious or intentional abuse;
VI. All damage resulting from use of the equipment in violation of any provision of this Rental Agreement, violation of any law, ordinance or regulation.
23. ENTERTAINMENT/PERFORMERS. The agreement of Just 4 Fun Party Rental staff to perform is subject to the Customer providing a safe, weatherproof, correct size performance space. The Customer agrees that in all circumstances the Rental Centers liability for the performance labor shall be exclusively limited to the amount equal to the performance labor only and shall not be liable for rental fees of equipment, and/or any indirect or consequential damages arising from any breach of this paragraph. The Customer is, however, fully liable for any harm/damage to the hired staff and equipment while at the event.
24. NOTICE OF NON-WAIVER/SEVERABILITY. Any failure of Rental Center to insist upon strict performance by Customer as regards any provision of this Rental Agreement shall not be interpreted as a waiver of Rental Center’s right to demand strict compliance with all other provisions of this Rental Agreement against Customer or any other person. The provisions of this Rental Agreement shall be severable so that the unenforceability, invalidity or waiver of any provisions shall not affect any other provision.
25. VENUE. The parties agree that all actions or proceedings arising in connection with this Rental Agreement, and any related documents, shall be tried and litigated only in the County of Santa Barbara, California.
26. MOVING ITEMS: Rental Center is not liable for damages arising from Customer requested moving of non-rental items including but not limited to, furniture, plants, tree limbs, lights, etc.
*By my signature, and initiation of rental by myself, my agent(s) or employee(s), I accept the terms of this Rental Agreement and authorize the charge to my credit card for the amount on the invoice, any subsequent invoices related to the order, and any future charges for damages, repairs, cleaning, etc. I further understand that this is the backside of the Rental Agreement, which contains a description of services. *PDF signed document supersedes any other agreement online or otherwise.
TENTS, INFLATABLES & AMUSEMENTS ADDENDA:
The following terms and conditions apply to any and all inflatable, amusements and tents provided by us or at our direction (each, a “Rented Item”), under the terms of the Rental Agreement to which this Addendum is attached. Capitalized terms used, but not defined, herein will have the meanings set forth in the subject Rental Agreement.
1.) Installation. Inflatables, amusements and tents are installed with heavy weights and/or ground stakes. We are NOT responsible for any damages this may cause to underground pipes, irrigation, landscaping or any/all underground objects that are not visible.
2.) The Site. YOU REPRESENT AND WARRANT TO RENTAL CENTER THAT YOU EITHER OWN THE INSTALLATION SITE OR HAVE OBTAINED THE SITE OWNER’S WRITTEN APPROVAL TO INSTALL THE PRODUCT (S) AS PROVIDED IN THE RENTAL AGREEMENT (AND YOU WILL PROVIDE A COPY OF SUCH APPROVAL TO RENTAL CENTER UPON OUR REQUEST). RENTAL CENTER MAKES NO REPRESENTATION OR WARRANTIES, EXPRESSED OR IMPLIED, REGARDING THE MATERIAL OR SHIELDS USED TO FILL OR CAP ANY HOLES (AS APPLICABLE) OR THE ULTIMATE CONDITION OF THE INSTALLATION SURFACE AFTER ANY REPAIRS ARE PERFORMED AND/ OR ANY HOLES ARE FILLED OR CAPPED. YOU HEREBY RELEASE, AND AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS RENTAL CENTER FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, LOSSES, COSTS. AND EXPENSES (INCLUDING WITHOUT LIMITATION, ATTORNEYS’ FEES) ARISING FROM OR ASSOCIATED WITH ANY DAMAGE TO SUCH SURFACE, THE UNDERLYING SURFACE (S) OR GROUND AND/OR ANY UNDERLYING WATER, GAS, SEWER, ELECTRICAL OR OTHER CONDUCTS.
3.) Weather & Other Risks. THE RENTED ITEMS ARE TEMPORARY STRUCTURES AND MAY MOVE OR COLLAPSE DURING SEVERE WEATHER. If hazardous weather occurs or is imminent, you will: (a) cause all occupants to evacuate; (b) protect the Rented Item(s); and (c) permit our representatives to dismantle and store or retrieve, the Rented Item(s) (without obligating Rental Center to do so). YOU ASSUME FULL RESPONSIBILITY FOR ALL PERSONAL INJURIES AND PERSONAL PROPERTY DAMAGE (INCLUDING DAMAGE TO THE RENTED ITEM (S) AND AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS RENTAL CENTER FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, LOSSES, COSTS AND EXPENSES (INCLUDING WITHOUT LIMITATION, ATTORNEY’S FEES) ARISING FROM OR ASSOCIATED WITH ANY INJURIES OR DAMAGE TO ANY SURFACE, THE UNDERLYING SURFACE (S) OR GROUND AND/OR ANY UNDERLYING WATER, GAS, SEWER, ELECTRICAL OR OTHER CONDUITS.
4.) Amusements. AMUSEMENTS ARE INHERENTLY DANGEROUS AND SHOULD BE USED WITH GREAT CARE. You assume all risks inherent in the u se of each Rented Item by you and by any and all other person(s) and guest(s).
5.) Indemnity. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS RENTAL CENTER AND RENTAL CENTER’S PARENTS, AFFILIATES, PARTNERS AND SUBSIDIES, AND THEIR RESPECTIVE OWNERS, OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, REPRESENTATIVES, INSURERS, SUBROGEES, CONTRACTORS, SUCCESSORS AND ASSIGNS FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, INJURIES (INCLUDING DEATH), DAMAGES, LOSSES, COSTS, FEES, FINES AND EXPENSES, INCLU DING WITHOUT LIMITATION, ATTORNEY’S FEES (COLLECTIVELY, “DAMAGES”) ARISING FROM OR ASSOCIATED WITH THE USE OF ANY AND ALL RENTED ITEM(S) (INCLUDING WITHOUT LIMITATION , ANY PERSONAL INJURIES AND/OR PROPERTY DAMAGE CAUSED IN WHOLE OR IN PART BY SEVERE WEATHER, CONTACT WITH UTILITY LINES OR CABLES, CONCRETE, ASPHALT AND OTHER GROUND SURFACES, SLICK OR UNEVEN GROUND OR FLOOR SURFACES, THE USE OF WEIGHTS, PROXIMITY TO HEAT SOURCES AND/OR FLAMMABLE OR NOXIOUS SUBSTANCES, STRETCHING, CUTTING, CRACKING, TEARING, LEAKING, MOLD AND/OR MILDEW), IRRESPECTIVE OF WHETHER ANY OF SUCH DAMAGE IS/ARE CAUSED, IN WHOLE OR IN PART, BY OUR NEGLIGENCE AND/OR ANY DEFECT(S) IN OR WITH RESPECT TO ANY RENTED ITEM(S).
6.) Return. IN CASE OF NORMAL WEATHER YOU WILL LEAVES THE UNIT INFLATED UNTIL THE DRIVER ARRIVES. YOU WILL NOT FOLD, ROLL OR PACKAGE ANY RENTED ITEM, UNLESS IT IS COMPLETELY DRY. PACKAGING A WET, DAMP, DIRTY RENTED ITEM MAY RESULT IN MOLD OR MILDEW. DEFLATING WITH VEHICLES CAUSES IRREPARABLE DAMAGE, GENERALLY REQUIRING REPLACEMENT OF THE RENTED ITEM (S), FOR WHICH YOU WILL BE LIABLE. YOU AGREE TO MAKE CERTAIN THAT VEHICLES ARE NOT PERMITTED TO RUN OVER ANY RENTED ITEM.
7.) Instruction of Use. All items rented will have written instructions on the units, however our staff, unless not allowed, will instruct the renter of the use and care of rented items. If anything is wrong with an inflatable, remove all occupants and tum the blower to the off position. In case of a malfunction with the unit, you agree to immediately contact our office by phone or text message to 805-284-1615 so that the problem can be remedied.
8.) Licenses and Permits. Prior to installation, you will, at your sole cost, obtain and furnish to Rental Center copies of, all required licenses, permits, authorizations and approvals (collectively, “Approvals”) from the appropriate federal, state and local government authorities. You will notify Rental Center in writing if any such governmental authority requires any certificate or other documentation from Rental Center (e.g., a certificate of flame resistance, engineered drawings, etc.), and Rental Center will exercise reasonable efforts to provide the same as soon as reasonably possible at your sole cost. Rental Center will obtain such Approvals for you (subject to the requirement s of the issuer(s)); provided that you agree to reasonably assist Rental Center in doing so (including without limitation, by executing and delivering such documents, and paying all fees and assessments, required by such issuer(s)).
9.) General Provisions. This Addendum modifies the terms of the Rental Agreement. Except to the extent hereby modified, the Rental Agreement will remain valid and in full force and effect. This supersedes all other agreements and representations (including without limitation, our website and advertising). It cannot be amended or extended except in a writing signed by both you and Rental Center.