Bakersfield Party Equipment Rentals

TERMS AND CONDITIONS

For the purpose of this Rental Agreement, “Rental Center” shall mean Rental Center, its owners, officers,

directors, shareholders, and employees, and “Customer” shall mean Customer, its agents and/or

employees. In consideration of hiring of the items (herein “the rental items or items”) described on the front

of this Rental Agreement it is agreed as follows:

  1. INDEMNITY/HOLD HARMLESS. CUSTOMER WILL TAKE ALL NECESSARY PRECAUTIONS

REGARDING THE ITEMS 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 TO PROPERTY, ARISING OUT OF THE USE, MAINTENANCE, INSTRUCTION, OPERATION,

POSSESSION, OWNERSHIP OR RENTAL OF THE ITEMS RENTED, HOWEVER CAUSED, EXCEPT

CLAIMS OR LITIGATION ARISING THROUGH THE SOLE NEGLIGENCE OR WILLFUL MISCONDUCT

OF RENTAL CENTER.

 

  1. 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 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 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.

 

  1. TITLE AND OWNERSHIP. The items rented shall at all times be and remain the sole and exclusive

property of Rental Center. Customer shall have only the rights to use the rental items in accordance with

the terms of this agreement. Rental Center shall have the right to display notice of its ownership of the

rental items by display of an identifying stencil, plate or other marking, and Customer agrees that it will not

remove or cover such markings without the written permission of Rental Center. It is expressly intended

and agreed that the rental items shall be personal property even though it may be affixed or attached to

real estate. The rental items shall not be removed from the place of delivery or installation without the

expressed written permission of Rental Center.

 

  1. INSPECTION. Customer acknowledges that they have had an opportunity to personally inspect the rental

items and finds it suitable for his needs and in good condition. Customer understands its proper use.

Customer further acknowledges Customer responsibility to inspect the rental items prior to its use and to

notify Rental Center of any defects.

 

  1. REPLACEMENT OF MALFUNCTIONING ITEMS. If the rental items become unsafe or in disrepair for

any reason, Customer agrees to discontinue its use and to notify Rental Center. Rental Center will repair

or replace the items with similar items in good working order if available, and if the defect is the result

of normal use. Rental Center is not responsible for any incidental or consequential damages caused by

delays or otherwise, and Customer hereby waives any right or entitlement thereto.

 

  1. WARRANTIES. Rental Center is not the manufacturer of the rented property nor the agent of the

manufacturer, and no warranty against patent or latent defects in material workmanship or capacity is

given, and Customer expressly waives all such warranties of fitness which may be accorded by law or

otherwise. There are no warranties of merchantability or fitness, either express or implied. There is no

warranty that the rental items are suited for Customer’s intended use, or that it is free from defects, and

any and all such warranties of fitness, or otherwise, are expressly and specifically waived by customer.

 

  1. HOLD HARMLESS AGREEMENT. Customer shall defend, indemnify and hold harmless Rental

Center its employees, agents and subsidiaries, from and against all claims, liabilities, losses, damages to

property or otherwise, and expenses, of every character whatsoever, resulting from the actions, negligent

or otherwise, of Customer, Customer’s employees and agent of Customer or Customer subcontractor.

The indemnities included in this exhibit shall include reasonable attorney’s fees paid by Rental Center

in defending suit and actions involving liability covered by the indemnification provision in this paragraph.

 

  1. TIME OF RETURN. Customer right of possession terminates on the expiration of the rental period and

retention of possession after this time constitutes a material breach of Customer’s obligations under this

contract. Time is of the essence in this agreement. Any extension must, at Rental Center’s election be

mutually agreed upon in writing.

 

  1. ASSIGNMENTS, SUBLEASES AND LOANS OF RENTAL ITEMS. The Rental Center may assign its

right under this contract without the Customer’s consent, but will remain bound by all obligations herein.

The Customer may not sublease or loan the rental items without the Rental Center’s written permission.

Any purported assignment by the Customer is void.

 

  1. RETURN OF RENTAL ITEMS. At the termination of this agreement, Customer shall return all the

rental items to Rental Center’s premises during Rental Center’s regular business hours, in the condition

and repair as when delivered to Customer, subject only to reasonable wear and tear. Customer shall be

liable for all damages to or loss of the Equipment occurring because it was not returned within Rental

Center’s regular business hours. If Rental Center has agreed to deliver the Equipment to Customer or

to pick up the Equipment from Customer. Customer shall be responsible for all losses or damage to the

Equipment from time of delivery to Customer and until picked up by Rental Center.

 

  1. INSPECTION BY RENTAL CENTER. Rental Center shall at all times have the right to enter any

premises where the Equipment may be located for purposes of inspecting it, observing its use, or removing

it from Customer’s premise.

 

  1. 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 the use of the rental items, including any subsequently determined to be due. Customer is responsible

for obtaining all permits and/or licenses from the appropriate governmental agencies. Rental Center may

at the Customer’s request act as the agent to obtain required permits and/or licenses. If these agencies

should require additional rental items, the expense of these rental items will be the sole responsibility of the

Customer. If the permits or licenses are denied for any reason, Customer is still responsible for all financial

and other obligations pursuant to this Agreement to Rental Center or its subcontractors.

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

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 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 are

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 they are in Customer’s possession

 

  1. DELIVERY/PICK UP. Delivery is made to closest point truck can park. Extra charges will result in

deliveries to upstairs, elevator use or any point where extra time is involved. Our service does not include

set up and knock down of tables and chairs. If this service is required, arrangements should be made

several days prior to delivery with a special charge quoted. If no arrangements are made and this service

is desired on delivery, our driver must call for authorization. If time permits, we will try to accommodate you

after quoting the price. On pick up where no prior arrangements have been made and rental items are not

knocked down and assembled in one sheltered area, tables and chairs will be left until the next day when

a special crew can be scheduled. There will be an additional one day rental. A knock down fee will result

if rental items are still up.

 

  1. CLEANING. China, Glassware, and Flatware must be returned rinsed and repacked properly in boxes

provided or additional charges will be assessed. Special cleaning deposits will be charged on BBQ Grills

and Cooking Equipment.

 

  1. LINENS. Table linens are inspected prior to pick up and upon return. DO NOT ROLL UP OR PLACE

WET LINENS IN ANY BAG – mildew will result. If there is obvious damage such as mildew,

excessive stains, burns or tears, you will be charged the cost of the linen and keep same as though it were

a sale. Return all linens dry and free of waste.

 

  1. DIRTY, OR DAMAGED ITEMS. Customer agrees to pay for any damage to rental items regardless

of cause, except reasonable wear and tear, while rental items are out of possession of Rental Center.

Customer also agrees to pay a reasonable cleaning charge for all rental items returned dirty. Accrued

rental charges cannot be applied against the purchase or cost of repair or damaged goods. Rental

Equipment damaged beyond repair will be paid for by Customer at its Replacement Cost when rented.

The cost of repairs will be borne by the Customer, whether performed by Rental Center, or at the Rental

Center’s option by others.

 

  1. DAMAGE WAIVER. If accepted by Customer, Rental Center agrees, in consideration of an additional

charge of 20% of the gross rental charges, to modify the responsibilities of Customer created in paragraph

16 [Dirty or Damaged Equipment]. For Damage Waiver Charge provided the Customer takes reasonable

precautions to protect rental items. The Rental Center assumes risk of damage to rental items, except

the following risks assumed by the Customer: [a] Loss, damage, vandalism, malicious mischief, and theft

[b] Loss, damage or theft of accessory items such as extension cords, etc. [c] Loss due to mysterious

disappearance or wrongful conversion by a person entrusted with rental items. [d] Damage waiver is null

and void if damage is caused by a third party not associated or related to Customer. In this instance

the Rental Center reserves the right to collect from person or company causing damage. THE LESSEE

UNDERSTANDS THAT THE DAMAGE WAIVER IS NOT INSURANCE. THE LESSEE IS OBLIGATED TO

SUBMIT TO THE LESSOR A POLICE REPORT ON ALL LOSSES COVERED UNDER DAMAGE WAIVER

PLAN. The Customer may decline Damage Waiver charge by making a cash deposit equal to full value of

rental items.

 

  1. THEFT OF RENTAL ITEMS. The Customer agrees to pay for rental items [at its replacement cost

when rented] for all types of theft or mysterious disappearance. Damage Waiver does not cover theft.

 

  1. 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.

 

  1. LEGAL FEES. In the event an attorney is retained to enforce any provision of this Rental Agreement,

the prevailing party in the dispute shall be entitled to recover reasonable attorney’s fees and court costs in

such action, or proceeding, in an amount to be determined by the court.

 

  1. WEATHER RELATED RISKS. Customer assumes all weather related risks involved in holding an

outdoor tented event. Rental Center will endeavor to minimize said risk, however, should the tenting

become unusable due to high wind, snow, rain, flooding, extreme cold or heat, or any other factor beyond

Rental Center’s control, Customer shall still be liable for payment in full of all charges.

 

  1. PREPARATION OF SITE. Customer agrees to have the site upon which the rental items are to be

erected, free and clear of all obstacles, natural and man made, prior to the arrival of the Rental Center’s

work crew. Customer further agrees to have all tents cleared for removal prior to our arrival. All non-rented

items and decorations shall be cleared and taken from site. If Customer fails to do so, then Customer shall

pay all costs involved for any delay, additional rental, and all costs including collection and legal expense.

 

  1. MATERIAL. All tents are subject to stretching and retracting of up to 5% of listed sizes and although

all tents have been impregnated with waterproofing compound, no tents are guaranteed to be absolutely

waterproof, and are to be considered temporary shade structures.

 

  1. COOKING UNDER TENTS. Customer agrees not to do any type of cooking under or within a reasonable

distance of the tent. Customer assumes full responsibility and costs incurred for damage and or cleaning

expense to tent tops due to cooking processes under or near tents.

 

  1. ELECTRIC POWER AND LIGHTING. Customer agrees to furnish Rental Center access to, and the

right to use Customer’s electrical and power lines for the installation and operation of the rental items.

 

  1. UNDERGROUND FACILITIES. Customer agrees to have all Underground Facilities, in the vicinity of

the Equipment installation, clearly marked prior to the arrival of Rental Center’s work crews. Customer

assumes full responsibility for damage to all Underground Facilities. To identify Underground Facilities,

Customer must call one week prior to installation.

 

  1. 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 provision shall not effect any other provision.

 

TERMS AND CONDITIONS

DEPOSITS ARE NON-REFUNDABLE