Allie’s Party Equipment Rental, Inc. (hereinafter “Dealer”) hereby rents to the Renter, identified by execution on the reverse page of this contract (“Rental Contract”), the personal property (hereinafter “Equipment”) described on the reverse page of this Rental Contract, subject to all terms and conditions on either page of this Rental Contract and the Renter, in consideration thereof and as a condition precedent to use of the equipment acknowledges and agrees as follows:
1. Rental and Term begins on the date and time specified as “Out” and terminates on the date and time specified as “Return Equipment by” unless amended in writing and signed by Dealer on the reverse side of this Rental Contract. If Renter desires to extend this Rental Contract beyond the date and time originally agreed upon Renter shall immediately notify Dealer of this desire and obtain Dealer’s written approval and terms for the extension.
2. Rental charges commence on delivery of Equipment to Renter until all of the Equipment is returned directly to Dealer and return is verified by Dealer’s notation on a copy of this Rental Contract. The rental fee does not include set-up or break-down charges. Set-up must be arranged for in advance of delivery and a separate charge will be made. Additional service charge will be made if no one is there to accept delivery or pickup. Renter agrees to pay the delivery charges, additional service charges, any and all sales and use taxes, license fees, and permit fees that arise out of the leasing use or sale of the equipment to this agreement.
3. Deposit and late Payment Fees. A Visa, MasterCard or Discover Card is required for security and to reserve equipment for Renter. Renter warrants that the card used for security is theirs, has available funds, and has permission to use the card if not their own. Renter also agrees that if paying by check and it is returned by the bank all charges plus fees can be put on the card. Dealer may, at its own discretion, revert all charges to a daily rate if monthly statements or invoices are not paid on due date. Renter agrees to pay a late payment penalty at a rate of 1.5% per month and will forfeit any and all discounts on invoices 30 days past due from closing date of invoice or any returned checks. Renter authorizes Dealer to put any and all charges on Credit Card number given as security. All deposits and payments are forfeited if event is cancelled.
4. Reservations. Reservations not cancelled at least 7 days in advance will be charged full rental rate. On certain items cancellations must be made 30 days in advance.
5. Condition of Equipment. Renter certifies and acknowledges that he or she has the date and time specified as “out” on the reverse side of the Rental Contract, received from Dealer the Equipment listed and identified on the reserve side of this Rental Contract. Renter also certifies and acknowledges personally inspecting the Equipment and declares that Renter has found it to be in working order in unbroken condition at time of receipt and prior to use, and suitable for use by the Renter.
6. Return of Equipment. Renter, upon termination of this Rental Contract, will immediately return the rented Equipment with all attachments, accessories, and parts thereof to the address of Dealer as listed on the reverse page of this Rental Contract, in the same condition the Equipment was received; ordinary wear and tear accepted. All Equipment, except linen, must be returned clean and dry. (Do not put wet linen in plastic bags on hot days as it will mildew and a cleaning charge will be charged), or a charge will be added for items requiring cleaning upon return, which charges Renter agrees to pay within ten (10) days of notice of charge or at Dealers discretion placed on the charge card on file for security.
7. Use of Equipment. The rented Equipment is to be used by the Renter at the designated address listed on the reverse side of this Rental Contract for the Rental Term and to be used solely for the purposes for which said Equipment was manufactured and intended. Renter further agrees that he or she will not abuse, harm, or misuse the Equipment. The Equipment will not be removed from the designated address without prior consent to the Dealer. The Equipment will be used only by the Renter and/or the persons designated on the reverse side of the Rental Contract, and no other person without the prior consent of Dealer. If the Equipment is lost or damaged, Renter will pay Dealer the cost of replacement or repair of the Equipment lost or damaged at the sole discretion of Dealer.
8. Compliance with Laws. Renter acknowledges that Dealer has no control over the use of the Equipment by Renter and Renter agrees, at his sole expense, to comply with all Municipal, County, State, and Federal laws, ordinances and regulations including the Occupational Safety and Health Administration Act at 1970 (OSHA) which may affect the Equipment white it is in the possession of and use by the Renter. Renter shall not permit any person who is not legally qualified to use the Equipment.
9. Equipment becomes unsafe or in disrepair. Renter will immediately discontinue use of the Equipment should it at any time, while in Renter’s possession, becomes unsafe or in a state of disrepair, and Renter will immediately notify Dealer that the Equipment is unsafe and in disrepair. Until such time as Dealer has regained possession, the Renter agrees to take all steps reasonably necessary to discontinue use of Equipment to prevent injuries to any person and property from the Equipment. Renter will not permit any repairs to be made or lien to be placed upon the Equipment without Dealer’s written consent.
10. Indemnification of Dealer by Renter. Renter expressly agrees to defend indemnity and hold Dealer harmless from any and all claims, loss, costs, damages, attorney fees and/or liability whatsoever pertaining to the Equipment including the delivery, pick-up, set-up, possession, use, maintenance or return thereof by Renter regardless of whether a lawsuit is filed.
EXCLUSION: If Dealer, Dealer’s employee or agent of Dealer, damages property during delivery, set-up, or pick-up, Dealer will hold Renter harmless from any and all claims, loss, costs, damages, attorney fees and/or liability.
11. Enforcement Expenses. Renter agrees to pay all legal costs, including attorney’s fees incurred by Dealer to enforce its rights under this Rental Contract, in the event of Renter’s breach of this Rental Contract, or to terminate or rescind this Rental Contract.
12. Disclaimer of Warranties. DEALER MAKES NO WARRANTIES, EITHER EXPRESSED OR IMPLIED, AS TO ANY MATTER WHATSOEVER. INCLUDING, BUT WITHOUT LIMITATION, THE CONDITION OF THE EQUIPMENT, ITS MERCHANTABILITY, ANY ASPECT OF INSTALLATION OR SET-UP, OR ITS FITNESS FOR ANY PARTICULAR PURPOSE. Renter’s sole remedy for any failure or defect of the Equipment shall be the termination of rental charges at the time of failure, provided that written notice of termination is immediately given to the Dealer and the Equipment is returned to Dealer within 24 hours after such failure or defect identification.
13. Title. Title to the Equipment is and shall remain with Dealer at all times, including the Rental Term under this Rental Contact.
14. Repossession of Equipment. If by reason of any breach of the term and conditions of this Rental Contract by Renter, termination of this Rental Contract insolvency of the Renter, or for any other reason, the Dealer believes it is necessary to regain possession of the Equipment. Dealer and its agents may retake the Equipment without notice or legal process and may take all action reasonably necessary to regain possession.
15. Damage Waiver (Protection). Damage protection is to insure against damage to Rental Equipment. This protection is optional. The rate is 7% and includes all items.
EXCLUSION: This protection does not insure against theft, loss, mischievous damage, mysterious disappearance or vandalism, during transport, mildew or holes in linens. All damaged or broken equipment must be returned or Renter will be charged replacement cost of the Equipment and agrees to such. This protection does not include cleaning equipment. It is for damage or breakage only.
16. Other. The failure of Dealer at anyone or more times to insist upon strict performance by the Renter of the conditions and terms of this Rental Contract shall not be construed as a waiver of Dealer’s right to demand strict compliance at other times. The paragraph headings used in this Contract are for convenience only and are not to be used in construing the meaning or intent of any of the terms or provisions of this Rental Contract.
17. Entire Agreement. This Rental Contract contains the entire agreement among the parties and supersedes ail prior and concurrent oral and written agreements, understandings, commitments, representations and practices among the parties. This Rental Contract may only be amended by a writing executed by both Dealer and Renter.
18. Construction of Agreement. The provisions contained herein shall not be construed in favor of or against either party because that party or its counsel drafted this Rental Contract, but shall be construed as if all parties prepared this Rental Contract.
19. Returned Checks. Returned checks are subject to amount of check, cost of mailing notice, and three times the amount of check in punitive damages, (minimum $100 & maximum at $1500), per Section 1719 of the Civil Code.