Rental Policies and Agreement
For the purpose of this Rental Agreement, “Rental Center” shall mean Just 4 Fun Party Rentals Inc., its owners, officers, affiliates, partners, directors, representatives, shareholders, employees, insurers, subrogees, contractors, successors and assigns, and “Customer” or “you” shall mean the named Customer on the Confirmed Booking, your agents and/or employees. Moreover, Customer shall be responsible for all actions or failures to act in accordance with this agreement by its caterers, event planners, as well as their respective employees, and your guests. In consideration of hiring of the rented items or equipment (herein the “Rented Items” or “Rentals”) and date described on the Confirmed Booking(s) of this Rental Agreement. Fabrics, textures, colors, and precise sizes of Rental Items may vary slightly from your confirmation. Customers duties under this rental agreement are unconditional, and it is mutually agreed as follows:
1. RENTAL PERIOD AND PAYMENTS: 100% payment is due at the time of booking. 50% of your payment shall be considered a retainer in order to reserve your hand-picked rental pieces for the specified date and time. In the absence of default solely by Rental Center, this retainer shall be deemed earned and non-refundable upon mutual acceptance of this Agreement and shall remain the property of Rental Center. Rental charges begin immediately upon Rental Items leaving Rental Center. Rental charges end upon return of the Rental Items broken down, packaged, folded, clean and readily for pickup by the Rental Center, in an acceptable condition and without any vehicles or other obstructions. No allowance will be made for Saturdays, Sundays, Holidays, or time in transit, nor for any period of time the Rental Items may not be in actual use while in Customer’s possessions. If the rental is returned prior to the end of the minimum rental period, the rental due shall be for the entire minimum rental period without exception. Rental Center may terminate the rental at anytime and retake the Rental Items without further notice in case of violation by Customer of any terms or conditions of this Rental Agreement. 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 Confirmed Booking page. Rental rates are based upon single shift usage (eight hours per day, five days per week). If Customer makes greater use of the Rental Items, it is agreed that the additional usage will be charged. Collection Fees, Claims and Chargebacks: Customer agrees to pay any collection costs and/or attorney fees incurred in collection of this account. Customer agrees to pay all NSF or Chargeback Fees, and a monthly service charge of 1.5% on the unpaid balance. Customer also agrees to pay Rental Center a fee for environmental compliance if one is due. By placing his/her INITIALS HERE _______, Customer acknowledges that Customer understands and agrees to the provisions of this paragraph.
2. CANCELLATIONS & REFUNDS: If you cancel all of your booking with at least 15 days advance notice, you will receive a refund of 50% of the canceled booking. If you cancel within 15 days or less of your event, full or partial, this will be considered a breach of contract, 100% is non-refundable and no refund will be issued. Moreover, any special ordered items and all will-call bookings are 100% non-refundable. Cancellations are only taken on weekdays when our office is open. All bookings made are made during or with public knowledge of a pending federal, state or local “stay at home” or similar order, shall be 100% non-refundable. There are no exceptions to these cancellation policies, including acts of god (riots, fire, flood, death, pandemic, etc).
Rental Center requires that a copy of a valid credit card be kept on file for inventory damages, loss, return pickup charges, inaccessible inventory, cleaning fees, poor delivery/pickup conditions, and other applicable fees listed herein by Rental Center. In the case of damages or any necessary assessed charges to the card on file Rental Center will notify the Customer on file immediately and process the accrued additional fee(s) using the Customers credit card as permitted by the rental reservation agreement contract. Rental Center accepts all major credit cards, money orders, and bank checks to reserve and fulfill the balance of your rental quote. By placing his/her INITIALS HERE _______, Customer acknowledges that Customer understands and agrees to the provisions of this paragraph.
3. DELIVERY TERMS: Your event has been priced and booked based on the event date, delivery address, scope of work, delivery times, and items required to complete your project. If any of these parameters changes materially (including without limitation, any revision by 10% or more of the value of your rental), we reserve the right to re-quote your event or cancel your event (cancellation policy rules and charges still apply). The delivery dates & time(s) agreed to are disclosed in your Confirmed Booking between 8am-5pm. Paid appointment times will show as a line item (we do our best to be on time, however, please allow 30 minutes before or after the time scheduled). We are not liable for tardiness due to traffic accidents or conditions beyond our control. You may at your discretion, authorize our delivery team as your agent for delivery. Please plan with ample time to obtain the best outcome.
4. SETUP: To receive setup/take down upgrade for small parties of up to 75 people, you must submit a drawn plan to our office at least 7 days prior to your delivery. If a plan was not provided at least 7 days in advance, our staff may deliver items to the parking or designated area or to the best of our ability with your vendor. Otherwise, you may reschedule delivery for an additional fee (date and time not Confirmed). Delivery stand by fee(s) are $65 per man per hour. This clause excludes festivals and events with more than 75 guests.
5. DELIVERY/ PICKUP ACCESS AND CONDITIONS: By accepting this agreement, you agree to provide unimpeded access to your event site both at the time of delivery and the time of pickup, including but not limited to: drive-up access to outdoor events, minimum of 4’ wide hallways, a standard size freight elevator (8’ wide or larger), 4’ wide or larger doorways and ramp access rather than stairways. We are not responsible for your rental not fitting through doorways, elevators, stairwells, and other restrictive spaces. It is the responsibility of the Customer to verify the access dimensions of the venue and all possible entry points, etc. to ensure the rental pieces will fit properly. You agree to disclose any difficult delivery or install conditions such as long hauls, steps, hills, puzzle shaped terrain, stairs, elevators, gated access, blocked access, sand, dirt, gravel etc. and timed sprinklers at the time of booking, to be noted on the Confirmed Booking. Delivery & Pickup assumes the rental items are being placed in a clean location 50 feet from the delivery vehicle. Failure to notify us of inadequate delivery/pickup conditions will cause us to assess additional delivery/pickup charge(s), including placement/retrieval beyond 50 feet from delivery vehicle, moving or carrying items up and down stairs, delivery or pickup of items beyond our standard delivery hours of 8:00 am thru 5:00 pm and inappropriate install location (dirt, mud, water). Some items may be canceled and not re-delivered, without refund, if these conditions exist and are not disclosed on this rental agreement. If the event space is not ready, clean or accessible at the confirmed time of delivery indicated or an event exceeds the confirmed time of pickup; thereby the rental items being unavailable/accessible for removal, the credit card on file will be charged $50 for each additional 15 mins of wait time.
6. 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. Our staff will not move items or cut/prepare landscaping, please have your site ready. 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. We also reserve the right to cancel without penalty, in the event of Force Majeure events, as set forth in Section 14.
7. INDEMNITY: Customer will take all necessary precautions regarding the Rental Items and protect all persons and property from injury or damage. Rental Center and Rental Center’s Agents will have no responsibility to Customer or to any other person (including without limitation, Customers agents, employees or invitees) for any loss, liability, claim, expense, damage to property or injury to persons, 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 Rental Items rented (including injuries or damage to any surface, the underlying surface (s) or ground and/or any underlying water, gas, sewer, electrical or other conduits), as well as reasonable attorney’s fees (collectively, “Damages” or “Losses”) arising from or associated with the use of any and all rented item(s), however caused, unless the Damage or Loss is directly caused by Rental Center’s and Rental Center’s Agents gross negligence, conversion, fraud, willful injury or willful violation of law. 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) shall be the sole Responsibility of Customer and Customer shall indemnify and hold Rental Center and Rental Center’s Agents harmless from any such Losses. By placing his/her INITIALS HERE ______, Customer acknowledges that Customer understands and agrees to the provisions of this paragraph.
8. LIMITATION of LIABILITY, ASSUMPTION OF RISK: Rental Center’s liability under this agreement shall NOT exceed the actual agreement amount paid by Customer. The Customer agrees that in all circumstances the Rental Centers liability for any performance labor shall be exclusively limited to the amount equal to the performance labor only and shall not be liable for rental fees of Rental Items, 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 Rental Items while at the event. CUSTOMER ACKNOWLEDGES THERE IS A RISK OF INJURY OR DAMAGE ARISING OUT OF THE USE OR OPERATION OF THE RENTAL ITEMS 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 RENTAL ITEMS; 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. By placing his/her INITIALS HERE ______, Customer acknowledges that Customer understands and agrees to the provisions of this paragraph.
9. INSURANCE: INSURANCE IS CUSTOMER’S SOLE RESPONSIBILITY. CUSTOMER UNDERSTANDS THAT RENTAL CENTER WILL NOT INSURE CUSTOMER’S PERSONAL PROPERTY. Customer represents and warrants that Customer has adequate homeowners/renters/event insurance to cover Customer, as well as Customer’s family, guests, agents and others using the Rental Items. By placing his/her INITIALS HERE ______, Customer acknowledges that Customer understands the provisions of this paragraph and agrees to these provisions and that insurance is Customer’s sole responsibility.
10. 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 email address associated with your Rental Center 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/santa-barbara/rental-policies/
Agreement/Contract Changes: This agreement is valid for any future current or future rentals. We may in our sole discretion change these Agreement/Contract Terms and Conditions, Rental Center’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 OR CHECK CONSTITUTES YOUR ACCEPTANCE OF THESE CHANGES. All requested rental changes either in person, by phone or by email are recorded in our software with date and time of change. You may at any time request an updated agreement emailed to you to verify that the change was made. I agree that I have opted in to receive email, text, or voice appointment reminders and contract updates.
11. RETURN RENTAL CONDITION: All rentals are to be returned in the same condition as when received less ordinary wear and tear. Rental Center offers premium tabletop decor including, serving ware, dishware, glassware, silverware and specialty dining and tabletop accessories that have been curated for special events such as yours. We require all china, tableware, glassware, silverware, serving ware, and other items to be rinsed and cleaned after use. Rental items must NOT be left outside overnight under any circumstances, even in seemingly clear weather conditions.
If Rental Items are 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 Rental Items until the Rental Items are picked up by Rental Center. All rentals should be readily available for pickup at the agreed upon time, and shall be clean and repackaged in the original delivery method and containers. All tabletop rentals must be devoid of all food, liquids, remnants and thoroughly cleaned at time of pickup. Linens shall be returned unwashed in the provided cloth laundry bag(s) free of candle wax, paint, or mold mildew. Dirty rentals will incur a second day rate plus a minimum $50 cleaning fee.You agree to have all items ready for pick-up at the time specified in your agreement, if rentals are not ready or available for pickup at the time confirmed on the rental reservation agreement and Rental Center is forced to return the following day, a return pickup fee of $150 will be charged to the card on file. The client will also be charged $5 per mile from the Rental Center’s warehouse to the event location and the mileage from the event location back to our warehouse. If Rental Items 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 Rental Items until the Rental Items are picked-up by Rental Center. If any of the rental pieces are at an outdoor event, all inventory MUST be moved inside or under proper cover should the WEATHER BECOME INCLEMENT. By placing his/her INITIALS HERE _______, Customer acknowledges that Customer understands the provisions of this paragraph and agrees to these provisions of this paragraph.
12. RETURN OF INFLATABLES, TENTS AND STRUCTURES; INCLEMENT OR HAZARDOUS WEATHER: inflatables, amusements and tents/structures are installed with heavy weights and/or ground stakes on a clean flat surface. Rental Center is NOT responsible for any damages this may cause to underground pipes, irrigation, landscaping or any/all underground objects that are not visible I agree that I have adequate homeowners/renters/event insurance to cover myself, my family, my guests, and others using the Rental Items. In case of normal weather you will leave the unit inflated/erected until the driver arrives. You will not fold, roll or package any rented items, 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. If HAZARDOUS WEATHER occurs or is imminent, Customer will: (a) evacuate and cause all guests 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). By placing his/her INITIALS HERE ______, Customer acknowledges that Customer understands and agrees to the provisions of this paragraph.
13. DAMAGES: Our pieces are very special to us: many were handpicked, curated, and created over many years to provide you with special rental options. For these reasons, it is imperative that you protect the Rental Items while they are in your care and that you return them clean and undamaged, without debris, damages, mold or mildew. Customer shall be responsible for all lost or stolen Rental Items, as well as “Damage” beyond ordinary wear and tear. “Ordinary wear and tear” shall mean only the normal deterioration of the Rental Items caused by ordinary, reasonable and proper use of the Rental Items. 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 Rental Items by dirt, paint/ink, mud, plaster, concrete, or any other material, cigarette burns, candle wax, mold/mildew; or rain/excess wind damage; damage due to electronics being left in the rain, damage to motors or other electrical appliances or devices caused by artificial current; damage resulting from misuse, abuse, vandalism or malicious or intentional abuse; failure to maintain, cleanliness, proper oil, fuel, hydraulic, coolant or pressure levels, lack of lubricant or other normal servicing of Rental Item plugged into improper power sources or otherwise damaged. We understand accidents happen. Please contact us immediately if an item is compromised in any way; so we can assess the damages, send experienced staff and attempt to rectify the issue. Our team will thoroughly examine and photo document all rental inventory at time of pickup. We will notify the Customer of any damages, issues, and address any accessorial fees. Customer shall be liable for all damages to or loss of the Rental Items and liability incurred prior to Rental Items’s return to Rental Center.
Rental Center has 10 days to evaluate the returned rentals for damage(s). Rental Center will contact the Customer on file in regards to the extent of the damage(s) or missing items. We will first attempt to repair and/or clean the item ourselves. However, if any Rental Items are beyond restoration and need to be removed from inventory, Rental Center shall charge the Customer for Rental Center’s market assessment of the total replacement cost. The person(s) listed on the rental reservation agreement contract will be held responsible to pay for the repair of damages, cleaning or total replacement cost of the rental item. The Customer’s credit card on file as indicated on the signed rental reservation agreement contract will be charged for replacement and/or damages, assessed accordingly as indicated above. Should the Customer’s card on file be rejected, declined or inaccurate, Rental Center will reach out to the Customer to resolve the issue, if alternative restitution can not be made immediately, Rental Center may pursue legal action if necessary. By placing his/her INITIALS HERE _________, Customer acknowledges that Customer understands and agrees to the provisions of this paragraph.
14. FORCE MAJEURE/DELAYS: This clause is only related to any event that is beyond Rental Centers reasonable control and cannot be prevented with reasonable care. Rental center shall not be not be liable for any damage, loss, fault, or expenses arising out of delays in shipment or other nonperformance of these Terms caused by or imposed by (a) strikes, fires, natural or other disasters, fire, earthquakes, riots, terrorist acts, death or acts of God, (b) acts of Customer, (c) shortages of labor, fuel, power, materials, supplies, transportation, or manufacturing facilities, (d) governmental action, (e) subcontractor or supplier delay including, but not limited to, failure by subcontractor or supplier to make timely delivery, or (f) any other cause or condition beyond Rental Centers reasonable control. In the event of any delay or non-performance, Rental Center shall not assume any liability hereunder, provided that only when Rental Center has made all reasonable efforts to perform this Agreement, Rental Center may be exempted from performing such obligation and only to the extent of the delayed or impeded performance. Once the cause for such exemption of liability is corrected and remedied, each Party agrees to use his or its best efforts to resume the performance of this Agreement.
15. NO OPERATORS: No operators are furnished, directly or indirectly with our Rental Items. Any and all staff provided, are for entertainment purposes only.
16. RECEIPT/INSPECTION OF RENTAL ITEMS: Rental Center provides rentals “as is” without any warranty, express or implied. Customer shall inspect rentals upon delivery and notify driver of any shortages, damages, etc. Delivered rentals are deemed finally inspected & accepted by customer.
17. POSSESSION/TITLE: Customers right to possession of the Rental Items begins upon Rental Items 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 Rental Items is and shall remain in Rental Center. If the Rental Items is not returned and/or levied upon for any reason whatsoever, Rental Center may retake said Rental 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 Rental Center harmless from any and all claims and costs arising from such retaking and/or levy. If any Rental Items is levied upon, Customer shall notify Rental Center immediately.
18. COMPLIANCE WITH LAWS/USE OF RENTAL ITEMS: Customer agrees not to use or allow anyone to use the Rental Items 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 Rental Items during the rental period. Customer further agrees to pay all licenses, fines, fees, permits, or taxes arising from his use of the Rental Items, 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 Rental Items required, to operate the Rental Items or use the Rental Items. Customer shall not allow any person to use or operate the Rental Items when it is in need of repair or when it is in an unsafe condition or situation; modify, misuse, harm or abuse the Rental Items; permit any repairs to the Rental Items without Rental Center’s prior written permission; or, allow a lien to be placed upon the Rental Items. Customer agrees to check electrical load, filters, oil, fluid levels, air pressure, clean and visually inspect the Rental Items at least daily and to immediately discontinue use and notify Rental Center when Rental Items is found to need repair or maintenance or is not properly functioning. Customer acknowledges that Rental Center has no responsibility to inspect the Rental Items while it is in Customer’s possession.
19. DISCLAIMER OF WARRANTIES: Customer has selected rentals without input from Rental Center. RENTAL CENTER 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 ITEMS ARE SUITABLE FOR CUSTOMER’S PARTICULAR INTENDED USE, OR THAT ANY RENTAL ITEMS ARE FREE OF LATENT DEFECTS. RENTAL CENTER SHALL NOT BE RESPONSIBLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY LOSS, DAMAGE, CONSEQUENTIAL DAMAGES ANY FAILURE OF THE RENTAL ITEMS. 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 RENTAL ITEMS SHALL BE TERMINATION OF THE RENTAL CHARGES AT THE TIME OF FAILURE PROVIDED THAT THE CUSTOMER NOTIFIES RENTAL CENTER WITHIN TWELVE (12) HOURS OF SUCH FAILURE.
20. SUBLETTING/LOCATION OF RENTAL ITEMS: Customer agrees not to sublet, loan or assign the Rental Items. Customer shall not move the Rental Items from the address at which Customer represented it was to be used.
21. 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 Rental Items, 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.
22. RETAKING OF RENTAL ITEMS: If for any reason it becomes necessary for Rental Center to retake the Rental Items, Customer authorizes Rental Center to retake the Rental Items 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 Rental Items.
23. ENTERTAINMENT/PERFORMERS: The agreement of Rental Center Party Rental staff to perform is subject to the Customer providing a safe, weatherproof, correct size performance space. 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. No operators are furnished, directly or indirectly with our Rental Items. Any and all staff provided, are for entertainment purposes only.
24. Governing Law; Forum Selection. This Agreement is governed by and construed in accordance with the Laws of California, without giving effect to any choice of Law provisions that may direct the application of the Laws of another jurisdiction. Any disputes arising between the parties relating to this Agreement shall be subject to the exclusive jurisdiction and venue of the state and federal courts located in Santa Barbara County, CA.
25. TAXES: Any sales, use, or similar taxes, tariffs, fees, or other levies, taxes, duties, governmental charges, or surcharges now or hereafter imposed under any present or future law in connection with the sale, delivery, use, or rental of the Goods, including without limitation any Rental Items, accessories, and attachments (including replacements thereof or spare or replacement parts thereof), any installation, repair, maintenance, and instructional services, shall be payable by Customer, and if such taxes or fees are paid or are required to be paid by Rental Center, the amount thereof shall be added to and become part of the price payable by Customer hereunder.
26. THE SITE. YOU REPRESENT AND WARRANT TO RENTAL CENTER THAT YOU EITHER OWN THE DELIVERY SITE OR HAVE OBTAINED THE SITE OWNER’S WRITTEN APPROVAL TO INSTALL OR UTILIZE THE RENTAL ITEMS 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, EXPRESS 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.
27. AMUSEMENTS: AMUSEMENTS ARE INHERENTLY DANGEROUS AND SHOULD BE USED WITH GREAT CARE. You assume all risks inherent in the use of each Rented Item by you and by any and all other person(s) and guest(s).
28. INSTRUCTION OF USE: With the exception of a/v and typical household items like cutlery, plates, glasses, tables and chairs, Rented Items will have written instructions on the Rented Items and are use at your own risk. Inflatables must be installed on grass, concrete or pavement. If anything is wrong with a structure/inflatable, remove all Customers and if provided 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.
29. 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).
30. FINAL AGREEMENT: This Rental Agreement and your Confirmed Booking contains the entire agreement between the parties hereto and supersedes any and all prior written or oral agreements or emails. This Agreement may be altered or modified in a mutually writing agreement “Addenda” and Updated Confirmed Booking between the parties hereto.
31. VERBAL/EMAIL UPDATES: You may request changes to this Agreement or your Confirmed Booking by email, phone or in person. However, NO requested changes shall be confirmed without an Updated Confirmed Booking to verify that said changes were mutually agreed to. I agree that I have opted in to receive email, text, or voice appointment reminders, Addendas and Updated Confirmed Bookings.
32. EXECUTION: 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 (CONFIRMED BOOKING), any subsequent invoices (ADDENDAS) related to the order, and any future charges for added items, damages, repairs, cleaning, etc. Electronically or PDF signed document supersedes any other agreement online or otherwise. I agree that I have opted in to receive email, text, or voice appointment reminders and contract updates.