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Custom Events provides party and event planners a variety of party rental equipment and resources (the “Equipment”). By checking the “I have read the Custom Events Terms of Use statement. I accept these terms and conditions” box on the checkout page for booking an event, you accept these terms and conditions.
1. Services and Support
1.1 The Equipment are provided subject to this Rental Agreement, as it may be amended by Custom Events, and any guidelines, rules or operating policies that Custom Events may establish and post from time to time (the “Rental Agreement”). By posting updated versions of the Rental Agreement at the Custom Events website, or otherwise providing notice to you, Custom Events may modify the terms of the Rental Agreement and may discontinue or revise any or all other aspects of the Equipment at its sole discretion. All prices are subject to change. All such changes shall become effective upon posting of the revised Rental Agreement.
1.2 To order Equipment for your event, booking is available only to persons who can form legally binding contracts under applicable law. Without limiting the foregoing, signing the Rental Agreement for Equipment is not available to individuals under the age of 18. Guests who will be using Equipment may be of any age when an adult supervisor is present.
1.3 Payment for Equipment will be made by a valid credit card accepted by Custom Events, unless other payment arrangements have been made between you and an authorized Custom Events representative. You hereby authorize Custom Events to charge your credit card for the deposit amounts whenever you book an event. Fees are payable in US dollars. If Custom Events is for any reason unable to effect automatic payment via your credit card, you will be notified via e-mail.
1.4 You must complete the order form on the checkout page in order to book the Equipment. You will provide true, accurate, current, and complete information about yourself as requested in the checkout form. As part of the checkout process, you will identify an e-mail address and password for your Custom Events account. You are responsible for maintaining the security of your account, passwords, and files, and for all uses of your account and of the Equipment in your name. Custom Events reserves the right to refuse or cancel an event or accounts if it deems inappropriate. If Equipment becomes unavailable, Custom Events reserves the right to replace Equipment with a similar item of equal or greater value, or cancel the Equipment and refund fees paid for the unavailable Equipment.
1.5 Custom Events makes every attempt to make sure that all Equipment delivered to our customers are clean, operational and without defect, but we cannot guarantee that Equipment will look consistent to the colors and styles as shown on marketing material and the Custom Events website due to the number of different Equipment manufactures styles.
RENTAL AGREEMENT
This equipment rental agreement is between the renter Custom Events and the Customer (hereinafter “Customer”). In addition to the terms below, and the operation guidelines on each rented item, the Customer agrees to supervise the operation of any rented item and further agrees to be responsible to Custom Events for any loss or damage to the Equipment and for its return in the same condition in which received, except for ordinary wear. Such responsibility shall amount to the replacement or repair cost of the Equipment at the time it is lost or damaged, plus an administrative fee and Custom Events related losses, such as, but not limited to, loss of use, appraisal fees or costs of recovery. Before signing this contract, Lessee agrees that he/she has read the entire contract, has agreed to all terms and conditions herein, and has had all questions he/she may have answered to the Customer’s full satisfaction and understanding.
Delivery/Operation:
Customer grants Custom Events and its employees/contractors, the right to enter the property address specified by Customer for the delivery and return of the rented equipment at approximate times. The Customer agrees to provide one dedicated electrical outlet rated at 115 volts with 20 amperes capacity per motor unit within 50 feet of each unit, unless Customer also is renting generators from Custom Events. No electrical cords or power splitters are to be used. If the blower stops or the air pressure is low, remove all users immediately, restrict access to the Equipment and check on the problem. Air tubes in the rear of the unit should be tied securely to the blower or tied off to prevent air from escaping. The electrical cord should be plugged into an outlet and be the only thing operating on that electrical circuit. Circuit breakers should also be checked. Customer is subject to an additional charge of $20.00 for all service calls due to electricity.
General Rules for Safe Operation:
Equipment cannot be moved by Customer after placed by Custom Events employees. Equipment will be anchored initially by Custom Events and the anchors MUST NOT be removed during period of use. Never use during high winds, gusty winds, thunderstorms or lightening. The Equipment can turn over in high winds, even if anchored, and this could result in severe injuries to the users. Do not resume use until adverse weather conditions have ceased. Always follow the manufacturer’s guidelines located on the Equipment itself.
Additional Safety Rules:
Before entering the Equipment, have the users remove their shoes, eye glasses, belt buckles and any sharp objects. Never play, jump or enter a partially inflated/deflated unit. Never allow the users to climb or play outside of the Equipment’s intended use (climbing the outside or inside walls of the unit, columns, netting or roof of unit). Always follow the number of riders and rules posted on the Equipment itself. Do not plug or unplug the motor repeatedly as this will cause the motor to burn up and you will be responsible for any resulting damage. Always have an adult present, who has reviewed and understands both this contract and the rules posted on the Equipment itself, who can supervise the users. Never allow the users to be unsupervised in or around the Equipment. Never allow more users than the maximum number of users per age group as described within this lease and on the Equipment itself. Never place a hose or water on or into the Equipment unless authorized by Custom Events. Do not allow horseplay on, in, or around the Equipment. Always follow the directions for use on the Equipment itself.
Only children of the same age group are to play on the Equipment at the same time. The maximum number of users in each age group is as follows:
Additional Terms of Lease:
Custom Events is not responsible for bad weather, disruption of electrical service and/or unfavorable conditions that may arise and no charges or fees will be reimbursed as a result. ABSOLUTELY NO silly string or similar items, such as, but not limited to, food, drinks, confetti, foam or trash, in or around the Equipment at any time !!! Silly string and like objects will cause permanent damage to the Equipment and Customer will be responsible for the full replacement value of the rented unit and/or assessed a $75.00 cleaning fee if the Equipment is determined not to be permanently damaged. Customer agrees that the Equipment leased is for Customer’s own use and said Equipment is not be loaned, sub-let, mortgaged or in any other manner disposed of by Customer.
Hold Harmless Provisions:
Customer agrees to indemnify and hold Custom Events harmless from any and all claim, actions, suits, proceedings, costs, expenses, fees, damages and liabilities, including, but not limited to, reasonable attorney’s fees and costs, arising by reason of injury, damage, or death to persons or property, in connection with or resulting from the use of the leased Equipment. This includes, but is not limited to, the manufacture, selection, delivery, possession, use, operation, or return of the equipment. Customer hereby releases and holds harmless Custom Events from injuries or damages incurred as a result of the use of the leased Equipment. Custom Events cannot, under any circumstances, be held liable for injuries as a result of inappropriate use, God, nature, or other conditions beyond its control or knowledge. Customer also agrees to indemnify and hold harmless Custom Events from any loss, damage, theft or destruction of the equipment during the term of the lease and any extensions thereof.
Disclaimer of Warranties:
Custom Events makes no warranty of any kind, either express or implied, as to the condition of or performance of any leased Equipment and Customer agrees to immediately cease use of the Equipment and contact Custom Events if any of the lease Equipment develops any indication defect or improper working conditions. Customer agrees to use the Equipment at Customer own risk.
Damage Waiver:
If the Customer purchases the Custom Events Damage Waiver Plan, and if the Equipment is used in compliance with this plan, then Custom Events agrees to waive, to the extent specified herein and in the Rental Agreement, its right to hold Customer liable for any damages except for the following circumstances:
A) The use or operation of the Equipment without Custom Events permission, or in a manner that would constitute a default under the Rental Agreement and Safety Procedures.
B) The failure of the Customer to perform all normal periodic and other required or recommended service, inspections and adult supervision of the Equipment.
C) Negligent, reckless, or abusive use or operation of, or intentional damage to the Equipment while the Equipment is under the care or control of the Customer (e.g., Equipment rollover or upset, altering the Equipment for use in a manner for which it was not designed).
D) The use or operation of the Equipment with a user load exceeding the manufacturer’s rated capacity, or as a result of improper loading, unloading of patrons using the Equipment.
E) All loss or damage associated with vandalism, malicious mischief, disappearance, theft or conversion of the Equipment, not documented by the Customer’s filing a formal written report with the applicable public authorities (with an immediate copy to Custom Events) within 24 hours of the event.
F) Customer’s failure to properly secure the Equipment and/or by making it available to any unauthorized and/or untrained operator, or by not reasonably restricting access to the Equipment.
G) Damage that occurs while Customer uses, allows the use of, or directs another party to use the Equipment in the commission of a crime.
H) Customer’s failure to notify Custom Events within 24 hours of an accident that has resulted in loss or damage to the Equipment.
I) Customer provides misleading or false information to rent the Equipment.
J) The Equipment is used by an operator while under the influence of an intoxicant or other illegal or controlled substance.
K) Customer’s failure to pay all invoices within Custom Events payment terms.
Payments:
A 50% deposit is required to reserve Equipment. The balance is due 48 hrs before rental date. Any special payment arrangements must be paid in full before setup of Equipment begins.
Refund Policy:
Events are fully refundable if canceled at least 30 days prior to rental date. If canceled between 2-29 days prior to rental date, a rain check good for 6 months will be given. Canceled events within 24 hours of rental date are non-refundable. PLEASE NOTE: A 1.5% FINANCE CHARGE WILL BE INCURRED FOR UNPAID BALANCES AFTER 15 DAYS COMPUTED ON THE AMOUNT DUE AFTER COMPLETION OF EVENT, AND CUSTOMER WILL FORFEIT ALL DISCOUNTS. A 1.5% FINANCE CHARGE IS EQUAL TO 18% PER ANNUM.
Breach/Indemnity/Arbitration:
In the event that Customer breaches any of the terms of this lease, that Customer will pay for all consequential damages and further indemnify Custom Events for all costs incurred by Custom Events incurred in enforcing the terms of the lease or in defending any claim or lawsuit arising out of the operation of said Equipment, including the amount of any judgment, attorney’s fees and costs. If Custom Events determines, within its own discretion, that Customer has failed, in any way, to observe or comply with the conditions of this lease, Custom Events may exercise any of the following remedies: termination of this agreement; reenter property and retake the Equipment; declare any outstanding rent and charges immediately due and payable and initiate whatever legal proceedings necessary to recover said Equipment or monies; and/or pursue any additional remedies available it by law.
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