RENTAL AGREEMENT
RENTAL AGREEMENT
Prestige Events and Entertainment Rentals
Responsibility and Use & Disclaimer Warranties: You are responsible for the use of the rented items. You assume all risks inherent to the operation and use of rented items, and agree to assume the entire responsibility for the defense of, and to pay, indemnify and hold Prestige Events and Entertainment Rentals harmless from and hereby release Prestige Events and Entertainment Rentals from, all claims for damage to property or bodily injury (including death) resulting from the use, operation or possession of the items, whether or not it be claimed or found that such damage or injury resulted in whole or part from Prestige Events and Entertainment Rentals negligence, from the defective condition of the items, or any other cause. YOU AGREE THAT NO WARRANTIES EXPRESSED OR IMPLIED, INCLUDING MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE HAVE BEEN MADE IN CONNECTION WITH THE EQUIPMENT RENTED.
Equipment Failure: You agree to immediately discontinue the use of rented items should it at any time become unsafe or in a state of disrepair, and will immediately (one hour or less) notify Prestige Events and Entertainment Rentals of the facts. Prestige Events and Entertainment Rentals agrees at our discretion to make the items operable in a reasonable time, or provide a like item if available, or make a like item available at another time, or adjust rental charges. This provision does not relieve renter from obligations of contract. In all events Prestige Events and Entertainment Rentals shall not be responsible for injury or damage resulting from failure or defect of rented item.
Use of Equipment: Renter agrees and covenants to be satisfied with the instruction and condition of equipment rented and the proper and safe use of equipment, or that renter is familiar with such use and has conveyed this to Prestige Events and Entertainment Rentals. Renter further agrees that the items will only be used at the address listed on contract, and only for the purpose for which it was intended and manufactured. Subleasing or improper use is prohibited. Renter agrees they have read all instruction manuals, operating instructions, and warnings related to rented items.
Equipment Responsibility: Renter is responsible for equipment from time of possession to time of return. Renter assumes the entire risk of loss, regardless of cause. If items are lost, stolen, or damaged, renter will assume cost of replacement or repair, including labor costs. Renter shall pay a reasonable cleaning charge for rented items returned dirty.
Time of Return: Renter's right of possession terminates upon the expiration of the rental period set forth on the contract. Time is of the essence in this contract. Any extension must be agreed upon in writing.
Late Returns: Renter shall return rented items to Prestige Events and Entertainment Rentals during regular business hours, promptly upon or prior to expiration of rental period. If renter does not timely return, the rental rate shall continue until items are returned.
Payment: Renter shall pay all charges payable on this contract in advance; provided, however, that all foregoing shall not limit the amount payable by renter hereunder and all additional amounts hereunder shall be paid immediately as such costs are incurred. Renter shall pay all reasonable costs of collections, court, and attorney fees. If rental charges are not paid within (10) days of the due date, Prestige Events and Entertainment Rentals at our discretion may re-calculate rental charges on a daily basis. Renter shall pay, in addition to any other amounts payable hereunder, a service charge of 5% per month on all past due accounts.
Deposit: Our policy is orders are to be paid in full once finalized unless otherwised discussed with management.
Additional Charges: In addition to other charges and costs provided herein, renter shall pay charges in accordance with company rates then in effect for the following services: Delivery and/or pickup to any location other than level ground. Set up of tables and chairs. Delivery and pickup after business hours, Saturdays, Sundays, and Holidays. Packaging materials not returned. Service calls. Site survey and preparation.
Delivery & Pickup: Renter shall clean and repackage (in original packaging) the rented items and, if Prestige Events and Entertainment Rentals agrees to pick up the item, renter shall make it available for pickup at a mutually agreed and conveniently accessible location. Delivery and pickup shall be at the convenience of, and at the time designated by, Prestige Events and Entertainment Rentals. Renter agrees to pay a service charge for each extra delivery or pickup call required by Prestige Events and Entertainment Rentals. Renter shall make its personnel available at the time designated for pickup to assist with the return of all items.
Care of Equipment: In addition to its other obligations hereunder, Renter shall: pay a reasonable cleaning charge for items returned dirty; and protect the rented items from weather damage, breakage, unauthorized or improper use, theft, or loss while in possession of renter.
Insurance: Renter shall maintain, at renter's expense, liability, property and casualty insurance coverage in an amount sufficient to fully protect Prestige Events and Entertainment Rentals and its equipment against any and all claims, loss, or damage. In the event of loss or damage, renter shall exercise, and shall empower Prestige Events and Entertainment Rentals to exercise, all rights to obtain recovery under insurance and shall cooperate with Prestige Events and Entertainment Rentals to obtain recovery. All insurance proceeds shall be given or assigned to Prestige Events and Entertainment Rentals.
Site Preparation: Renter agrees to have the site cleaned and ready for delivery and installation, or dismantled for pickup of the equipment, and also agrees to pay any additional charges for any delay incurred along with any labor charges resulting from renter's failure to do so.
Permits & Licenses: Renter agrees, prior to any installation of rental equipment including tents, to obtain at renter's expense any and all necessary permits, licenses, and other consents.
Subsurface Conditions: Renter agrees to obtain locating of underground utilities before delivery of rented items. Renter also agrees to reimburse Prestige Events and Entertainment Rentals for any additional costs incurred as a result of undisclosed or adverse subsurface conditions. Prestige Events and Entertainment Rentals is NOT responsible for any damage to underground sprinkler systems during tent and/or inflatable installations. It is the customer's responsibility to provide Prestige Events and Entertainment Rentals with a sprinkler line layout to decrease the risk of damage. However, even with a line layout there are no guarantees.
Hold Harmless Agreement: Renter agrees to assume all risk, and agrees to hold Prestige Events and Entertainment Rentals and any of its staff harmless from and against any and all claims, losses, liabilities, and damages, and all costs and expenses arising directly or indirectly from or relating to: the delivery, loading, unloading, erection, installation, dismantling, and use of rented equipment; contact with underground utilities, pipes, or any condition on renter's property; all necessary surface repairs; and any injury or damage during the use of rented equipment including inflatables, dunk tanks, and any interactive games.
Damage Waiver: If you agree to the damage waiver charge as specified on your rental invoice, subject to the limitations and exclusions below, Prestige Events and Entertainment Rentals agrees to modify the terms of this contract and relieve you of liability for accidental damage to the rented item(s) on this contract, and for loss due to fire, collision, windstorm, upset, or riot. We exclude from this waiver, however, any loss or damage due to theft, misuse, or abuse, by conversion, intentional damage, mysterious disappearance, or other loss due to your failure to care for the rented item(s).
Returned Checks: There will be a $35.00 charge on any returned check for any reason.
Weather & Force Majeure: Prestige Events and Entertainment Rentals shall not be liable for delays, cancellations, or failure to perform due to causes beyond our reasonable control, including but not limited to acts of God, severe weather, natural disasters, government orders, or other force majeure events. In the event of a weather-related cancellation initiated by Prestige Events and Entertainment Rentals or the renter, renter will receive a credit toward a future rental date. Deposits remain non-refundable unless otherwise agreed in writing. Renter assumes all risk associated with weather conditions at the event site.
Governing Law: This agreement shall be governed by and construed in accordance with the laws of the State of New Jersey, without regard to its conflict of law provisions. Any disputes arising under this agreement shall be subject to the exclusive jurisdiction of the courts located in the State of New Jersey.
Dispute Resolution: In the event of any dispute arising out of or relating to this agreement, the parties agree to first attempt to resolve the dispute through good-faith negotiation. If negotiation fails, the parties agree to submit the dispute to non-binding mediation before pursuing litigation. The costs of mediation shall be shared equally by both parties.
Electronic Signature & Acceptance: Renter acknowledges that completing an online reservation, checking out through the Prestige Events and Entertainment Rentals website, or otherwise electronically accepting these terms constitutes a legally binding agreement to all terms and conditions set forth in this Rental Agreement, with the same force and effect as a handwritten signature. Renter confirms they have read, understood, and agreed to this agreement in its entirety.