Just 4 Fun Party Rental – Rental Policies and Agreement
Revised December 5, 2023 – Santa Barbara
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. 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 agents, employees, and/or your guests. It is mutually agreed as follows:
A.) Rental Agreement
1.0 Agreement to Rent: Rental Center hereby rents to Customer, and Customer hereby rents from Rental Center, the items and equipment (“Rented Items”) upon the terms and conditions specified herein and the Confirmed Booking. 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 as set forth in the Confirmed Booking. If any of these parameters change in any way we reserve the right to re-quote your event or cancel your event (cancellation policy rules and charges still apply).
1.1 This Rental Agreement is valid for any current Confirmed Booking or future rentals under separate Confirmed Bookings entered into from time to time. We may in our sole discretion change the terms and conditions of the Rental Policies and Agreement at any time with or without notice. Any confirmed Booking shall be governed by most current Rental Policies and Agreement. THE MOST CURRENT VERSION OF THE RENTAL POLICIES AND AGREEMENT CONSTITUTES YOUR ACKNOWLEDGEMENT AND 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.
2.0 Payments; Non-refundable Deposit: 100% payment is due at the time of booking.
2.2 50% of your payment shall be a non-refundable deposit retained to reserve your specified date and time. In the absence of default solely by Rental Center, this deposit shall be deemed earned and non-refundable upon mutual acceptance of this Agreement and shall remain the property of Rental Center following termination of this Agreement for any reason.
3.0 Charges; Rental Period: Rental charges for the Rented Items are set forth in the Confirmed Booking.
3.1 Rental Charges begin immediately upon Rented Items leaving Rental Center. Rental charges end upon complete return of the Rented Items broken down, packaged, folded, clean and ready for pickup by the Rental Center, in an acceptable condition and without damage.
3.2 Rental Period is for a maximum of twenty-four (24) hours unless a longer term is specified in the Rental Agreement agreed Return Date on the Confirmed Booking page. Rental charges are based upon single shift usage (eight hours per day, five days per week). If Customer makes greater use of the Rented Items, it is agreed that the additional usage will be charged.
3.3 No allowance will be made for Saturdays, Sundays, Holidays, or time in transit, nor for any period of time the Rented Items may not be in actual use while in Customer’s possession. If the Rented Items are returned prior to the end of the minimum rental period, the rental due shall be for the entire minimum rental period without exception.
4.0 Delivery Terms: The delivery dates & time(s) are described in your Confirmed Booking. All deliveries shall be between 8am-5pm. Paid appointment times will show as a line item. We are not liable for tardiness due to traffic accidents or conditions beyond our control.
4.1 Credit Card Deposit. 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, extra labor 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 and process the accrued additional fee(s) using the Customers credit card. Rental Center accepts all major credit cards to reserve and fulfill the balance of your rental quote.
B.) Cancellations and Refunds; Extensions; Early Termination
5.0 Cancellations & Refunds: If you cancel your booking with at least 15 days advance notice, you will receive a refund of 50% of the canceled booking. If you cancel with less than 15 day’s notice prior to your event, full or partial, this will be considered a breach of contract, and 100% of the Rental Charges shall be earned and non-refundable, and no refund will be issued. Moreover, any special ordered items and ALL will-call bookings are 100% non-refundable. **By placing his/her INITIALS HERE _______, Customer acknowledges that Customer understands and agrees to the provisions of this paragraph.
5.1 Cancellations are only taken on weekdays when our office is open. All bookings 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).
5.2 Partial cancellations (for example, a reduction in number of chairs) are not allowed and any partial cancellation shall constitute a cancellation of the full booking. We do not offer any refunds for any unused Rented Items or products sold (e.g. unused propane in a propane tank).
6.0 Extensions: Any extension of this Rental Agreement must be agreed upon in writing.
7.0 Early Termination; 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 Rented 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. Rental Center may terminate the rental at anytime and retake the Rented Items without further notice in case of violation by Customer of any terms or conditions of this Rental Agreement.
C.) Delivery and Return
8.0 Delivery 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.
8.1 You agree not to move the Rented Items from the delivery site.
9.0 Setup/Take Down: Site labor, known as setup/take down, is always excluded unless it is specifically included as a line item on your Confirmed Booking. If setup/take down is a line item, you MUST submit a drawn layout plan to our office no less than 7 days prior to your delivery date. If a plan was not provided, our staff may deliver items to the parking or designated area to the best of our ability. Delivery stand by fee(s) are $65 per man per hour as available. No onsite planning is allowed because the delivery team are on a tight time budget.
D.) Delivery/ Pickup Access and Conditions
10.0 Delivery Location: You are required to have your site ready for delivery. Rental Center is not liable for damages arising from Customer requested moving of non-Rented Items including but not limited to, furniture, plants, tree limbs, and lights, and Customer shall assume all liability for injuries or damages arising from any request to move or alter non-Rented Items. Our staff will not move items or cut/prepare landscaping. 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.
10.1 You agree to provide unimpeded access to your delivery site both at the time of delivery and the time of pickup, including but not limited to cleared drive up access, 4’ wide or larger doorways or paved pathways and ramp access rather than stairways or hills. 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 adequate access to the venue and all possible entry points, etc. to ensure the rental pieces will fit properly and a moving cart can easily be pushed.
10.2 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, grass, gravel etc. at the time of booking, to be noted on the Confirmed Booking. You agree not to perform any landscaping and to turn off any timed sprinklers while the rentals are in the event location.
10.3 Delivery & Pickup assumes the Rented Items are being placed in a clean location as agreed in the Confirmed Booking. Failure to notify us of inadequate delivery/pickup conditions will cause us to assess additional site labor 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 cancelled and not re-delivered, without refund, if these conditions exist and are not disclosed on the Confirmed Booking. 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 Rented Items being unavailable/accessible for removal, the credit card on file will be charged standby fees per man per minute.
11.0 Return Rented Item Condition: Customer shall have all Rented Items available for pickup, clean and repackaged as delivered, and in the same condition as when received less ordinary wear and tear at the end of the rental period. All tabletop & food service rentals must be rinsed devoid of all food debris and liquids and repacked. Linens shall be returned unwashed in the provided fabric laundry bag(s) free of candle wax, paint, or mold mildew. Furniture shall be stacked on pallets unless take down is a line item. Flooring, tents, and inflatables returned erected. If any rentals are returned dirty, customer will incur a second day rental rate plus a minimum $50 cleaning fee.
12.0 Product Variances: There may be some variance in style, color or pattern between products, batches and dye lots of any product or fabric. Updated products may also vary from year to year as items are replaced and new items improved. Please note that we cannot offer refunds and/or exchanges for any variance-related issues due to the variables that occur during the manufacturing and processing of our rental products.
13.0 Substitutions: Should a requested product become unavailable at any time, we reserve the right to substitute alternative products to an order. We will make every effort to provide a substitution comparable in quality or functionality to the requested product.
14.0 Rented Items Condition: Rented Items are provided AS-IS. Due to the nature of our business, our items are frequently rented, cleaned and repaired. While we strive to give you the best quality products every time, please note that there may be signs of “ordinary wear and tear” and that we cannot guarantee new or like-new quality of any rental product.
15.0 Retaking of Rented Items: Any extension must be agreed upon in writing. If for any reason it becomes necessary for Rental Center to retake the Rented Items, Customer authorizes Rental Center to enter the premises in which the Rented Items are located and retake the Rented 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 Rented Items and Customer hereby agrees to indemnify defend and hold Rental Center harmless from any and all claims and costs arising from such levy.
16.0 Possession/Title: Customers right to possession of the Rented Items begins upon Rented Items leaving Rental Center and terminates on the Agreed Return Date indicated on the Confirmed Booking. Retention of possession after this date constitutes a material breach of this Rental Agreement. Time is of the essence of this Rental Agreement.
17.0 Title to the Rented Items is and shall remain in Rental Center. If the Rented Items are not returned and/or levied upon for any reason whatsoever, Rental Center may retake said Rented Items without further notice or legal process. Customer hereby agrees to indemnify, defend and hold Rental Center harmless from any and all claims and costs arising from such levy. If any Rented Items is levied upon, Customer shall notify Rental Center immediately.
E.) Customer Obligations
18.0 Receipt/Inspection of Rented Items: Customer shall inspect rentals upon delivery and notify driver of any shortages, damages, etc. Rented Items are deemed inspected and accepted by Customer upon delivery.
18.1 You may at your discretion, authorize our delivery team to drop off Rented Items in your absence. If you authorize a drop off in your absence you assume all risk of loss damage or destruction prior to you taking actual possession and accept Rental Center statements regarding status, condition, and quantities as of the date/time the Rented Items are dropped off.
19.0 Inclement or Hazardous Weather: You agree to protect all Rented Items from inclement weather/water/wind damage. Inflatables, amusements and tents/structures are installed with heavy weights and/or ground stakes on a clean flat surface, once placed they may not be moved by Customer.
20.0 Assumption of Liability: Rental Center is NOT responsible for any damages installations of Rented Items may cause to underground pipes, irrigation, landscaping or any/all underground objects that are not visible. I hereby agree that I have adequate homeowners/renters/event insurance to cover my property, myself, my family, my guests, and others using the Rented Items. In case of normal weather Customer will leave the unit inflated/erected until the driver arrives. However, I agree that if HAZARDOUS WEATHER occurs or is imminent, I (Customer) will: (a) evacuate and cause all guests to evacuate; (b) protect the Rented Item(s) including furniture and other rentals; 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.
21.0 Damages: Customer shall pay all costs to repair any damages, other than “ordinary wear and tear”, and the cost of replacing any missing components. “Ordinary wear and tear” means deterioration which occurs based upon the use of which the Rented Item is intended and without negligence, carelessness, accident, or misuse, or abuse of the rental by Customer, members of his/her household, or their invitees or guests. Damage which is not “ordinary wear and tear” includes, but is not limited to: damage due to exceeding rated capacities; breakage; improper use; abuse; dirtying of Rented Items with dirt, paint/ink, mud, or any other material, cigarette burns, candle wax, mold/mildew; or rain/excess wind damage; damage due to electronics being left in the rain/sprinklers, damage to motors or other electrical appliances or devices caused by artificial current; damage resulting from vandalism or malicious or intentional abuse; failure to maintain, cleanliness, fuel, oil, or other normal servicing of Rented Items plugged into improper power sources or otherwise damaged. Customer agrees to contact Rental Center immediately to mitigate damages if any Rented Items is compromised by TEXTING at 805-284-1615.
21.1 Rental Center has 10 days to evaluate the returned rentals for damage(s). Rental Center will contact the Customer about the damage(s) or missing items via email. If the equipment is damaged beyond repair, Customer agrees to pay full retail replacement cost for damaged or missing rentals. 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 cannot be made immediately, Rental Center may pursue legal action if necessary.
22.0 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 requirements 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)).
23.0 Compliance with Laws/Use of Rented Items: Customer shall at its sole cost and expense comply with all municipal, county, state and federal laws, ordinances and regulations which may apply to the use of the Rented Items during the rental period. Customer further agrees to pay all licenses, fines, fees, permits, or taxes arising from his use of the Rented Items, including any subsequently determined to be due.
24.0 Use of Rented Items: Customer shall use the Rented Items safely and within the Rented Items rated capacity. 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 precautions required to operate or use the Rented Items. Customer shall not allow any person to use or operate the Rented Items when it is in need of repair or when it is in an unsafe condition or situation; modify, misuse, harm or abuse the Rented Items; permit any repairs to the Rented Items without Rental Center’s prior written permission; or, allow a lien to be placed upon the Rented Items. Customer agrees to check electrical load, filters, oil, fluid levels, air pressure, clean and visually inspect the Rented Items at least daily and to immediately discontinue use and notify Rental Center when Rented Items is found to need repair or maintenance or is not properly functioning. Customer acknowledges that Rental Center has no responsibility to inspect the Rented Items while it is in Customer’s possession.
25.0 Instruction of Use: You hereby agree that you understand the basic use of the rental(s) you have secured, and acknowledge that you have received and reviewed the instructions provided for the Rented Items provided as instructional videos or written instructions included with the Rented Item or on the product page online. In case of a malfunction with any rentals or if you need help locating instructions, you agree to mitigate damages by contacting our office by phone or text message at 805-284-1615 for immediate remedy.
26.0 No Operators: No operators are furnished, directly or indirectly with our Rented Items. [Any and all staff provided, are for entertainment purposes only and is subject to the Customer providing a safe, weatherproof, correct size performance space.]
27.0 Care of Rentals: In addition to its other obligations hereunder, Customer shall protect all Rented Item from weather damage, breakage, unauthorized or improper use, theft or loss while in possession of renter.
F.) Limitation of Liability; Insurance
28.0 Amusements; Assumption of Risk: 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). Rental Center is not the manufacture of any Rented Items and disclaims all liability for manufacturing and design defects.
29.0 Indemnity: Customer will take all necessary precautions regarding the Rented Items and protect all persons and property from injury or damage. Customer will indemnify defend and hold harmless Rental Center (including without limitation, Rental Center’s agents, employees or invitees) from 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 delivery (including unloading and loading) use, maintenance, instruction, operation, possession, ownership or rental of the Rented Items (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 Items, however caused, unless the Damage or Loss is directly caused by Rental Center and Rental Center’s agents fraud 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, defend 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.
30.0 Limitation of Liability, Assumption of Risk: Rental Center’s liability under this Agreement shall NOT exceed the actual amount paid by Customer. [The Customer agrees that in all circumstances the Rental Center’s 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 Rented 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 Rented Items while at the event. CUSTOMER ACKNOWLEDGES THERE IS A RISK OF INJURY OR DAMAGE ARISING OUT OF THE USE OR OPERATION OF THE RENTED 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 RENTED 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.
31.0 Disclaimer of Warranties: Customer has selected Rented Items without input from Rental Center. CUSTOMER WAIVES ANY RIGHTS IT MAY HAVE UNDER THE UNIFORM COMMERCIAL CODE.
32.0 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 RENTED ITEMS ARE SUITABLE FOR CUSTOMER’S PARTICULAR INTENDED USE, OR THAT ANY RENTED 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 RENTED 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 RENTED 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.
33.0 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 Rented Items. Rental Center is neither providing, nor offering to provide, directly or indirectly, any first or third-party insurance coverage in connection with the rental or sale of goods to Customer.
34.0 Collection Fees, Claims and Chargebacks; Attorney’s Fees: Customer agrees to pay any collection costs and/or attorney fees incurred in collection of this account. Customer agrees to pay all insufficient funds or chargeback fees, and a monthly service charge of 1.5% on the unpaid balance. Customer agrees to pay all of Rental Center’s attorneys’ fees and costs incurred in enforcing the terms of this agreement.
35.0 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.
36.0 Notice of Non-Waiver: 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. 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.
37.0 Severability: 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. 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.
38.0 Taxes/ Fees: 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 Rented 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. Customer also agrees to pay Rental Center a fee for environmental compliance if one is due.
39.0 Electronic Delivery of Future Disclosures/Agreement 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/
**By placing his/her INITIALS HERE ______, Customer acknowledges that Customer understands and agrees to the provisions of this paragraph. I agree that I have opted in to receive email, text, or voice appointment reminders and contract updates.
40.0 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 this Agreement 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. 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.
41.0 Subletting: Customer agrees not to sublet, loan or assign the Rented Items. Customer shall not move the Rented Items from the address to which the Rented Items were delivered.
42.0 Severability. 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.
43.0 Time of Essence. Time is of the essence in this Rental Agreement. All rental and return dates and terms are specifically negotiated.
44.0 Final Agreement: This Rental Agreement and your Confirmed Booking(s) contains the entire agreement between the parties hereto and supersedes any and all prior written or oral agreements, emails, correspondence, other terms, understandings or quotes. Any “Addenda to Booking” does not modify the existing terms of this agreement, but rather allows the customer to add rentals or services under this Agreement.
45.0 Verbal/Email Updates: You may request changes to 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 and changed. I agree that I have opted in to receive email, text, or voice appointment reminders, Addendas and Updated Confirmed Bookings.
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.