Terms and Conditions (English)

 

1. 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 PARTY RENTAL VAZQUEZ LLC
harmless from and hereby release PARTY RENTAL VAZQUEZ LLC 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 PARTY
RENTAL VAZQUEZ LLC 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.
2. 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 PARTY
RENTAL VAZQUEZ LLC of the facts. PARTY RENTAL VAZQUEZ LLC agrees at our discretion to make
the items operable in a reasonable time, or provide a like items if available, or make a like item available at
another time, or adjust rental charges, The provision does not relieve Renter from obligations of contract. In
all events PARTY RENTAL VAZQUEZ LLC shall not be responsible for injury or damage resulting in
failure or defect of rented item.
3. USE OF EQUIPMENT: Renter agrees & covenants to be satisfied with the instruction and condition of
equipment rented and the proper and safe use of equipment. Renter further agrees that the items will only be
used at the address listed on the 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 the rented items.
4. EQUIPMENT RESPONSIBILITY: Renter is responsible for equipment from the time of possession to the
time of return. Renter assumes the entire risk of loss, regardless of cause. If items are lost, stolen, or
damaged, Renter will assume the cost of replacement or repair, including labor costs. Renter shall pay a
reasonable cleaning charge for rented items returned dirty.
5. TIME OF RETURN: Renter’s right of possession terminates upon the expiration of the rental period set forth
in the contract. Renter acknowledges that TIME IS OF THE ESSENCE IN THIS CONTRACT. Any
extension must be agreed upon in writing.
6. LATE RETURNS: Renter shall return rented items to PARTY RENTAL VAZQUEZ LLC during regular
business hours, promptly upon or prior to the expiration of the rental period. If Renter does not timely return,
the rental rate shall continue until the items are returned.
7. PAYMENT: Renter shall pay all charges payable on this contract in advance, provided however that all
foregoing shall not limit the amount of payment 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, PARTY RENTAL
VAZQUEZ LLC 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 2% per month on all past due accounts.
8. DEPOSIT: RENTER SHALL PAY A 25% NON-REFUNDABLE DEPOSIT AT THE TIME OF
RESERVATION. The fee is a percentage of the original rental order including delivery/pickup charges.
Deposit will be forfeited if the reservation is canceled at any time. If no deposit was taken, and the customer
agreed to the terms of this contract, the customer is still responsible for a 25% cancellation fee. If the
reservation is canceled within 5 days prior to the scheduled «time and date out,» Renter will be charged a
50% cancellation/restocking fee of the original rental order.
9. 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 Pick up
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.
10. DELIVERY & PICKUP: Renter shall clean and repackage (in original packaging) the rented items and if
PARTY RENTAL VAZQUEZ LLC agrees to pick up the item, Renter shall make it available to PARTY
RENTAL VAZQUEZ LLC for pick up at a mutually agreed and conveniently accessible location. Deliveryand pickup shall be at the convenience of, and at the time designated by PARTY RENTAL VAZQUEZ
LLC. Renter agrees to pay a service charge for each extra delivery or pickup call required by PARTY
RENTAL VAZQUEZ LLC. Renter shall make its personnel available at the time designed for pickup, to
assist, and pickup of all items.
11. CARE OF EQUIPMENT: In addition to its other obligations hereunder, Renter shall: Pay a reasonable
cleaning charge for items returned dirty. Protect the rented items from weather damage, breakage,
unauthorized or improper use, theft or loss while in possession of Renter.
12. INSURANCE: Renter shall maintain, at Renter’s expense, liability, property and casualty insurance
coverage in an amount sufficient to fully protect PARTY RENTAL VAZQUEZ LLC and its equipment
against any and all claims, loss, or damage. In the event of loss or damage, you shall exercise, and shall
empower us to exercise all your rights to obtain recovery under insurance and shall cooperate with PARTY
RENTAL VAZQUEZ LLC to obtain recovery. All insurance proceeds should be given or assigned to
PARTY RENTAL VAZQUEZ LLC.
13. SITE PREPARATION: Renter agrees to have the site cleaned and ready for delivery and installation or
dismantled for pickup or the equipment, and also agrees to pay any additional charges for any delay incurred
along with any labor charges resulting in Renter’s failure to do so.
14. PERMITS & LICENSES: Renter agrees prior to any installation of rental equipment including tents, to
obtain at Renters expense, any and all necessary permits and licenses and other consents.
15. SUBSURFACE CONDITIONS: Renter agrees to obtain any locating of underground utilities before
delivery of rented items. Renter also agrees to reimburse PARTY RENTAL VAZQUEZ LLC for any
additional costs incurred as a result of undisclosed or subsurface conditions. PARTY RENTAL VAZQUEZ
LLC is NOT responsible for any damage to underground sprinkler systems during tent and/or inflatable
installations. It is the customer’s responsibility to provide PARTY RENTAL VAZQUEZ LLC with a
sprinkler line layout to decrease the risk of damage to a sprinkler line. However, even with a line layout,
there are no guarantees.
16. HOLD HARMLESS AGREEMENT: Renter agrees to all risk and agrees to hold PARTY RENTAL
VAZQUEZ LLC and any of its staff harmless from and against any and all claims, losses, liabilities, and
damage, and all costs and expenses arising directly and indirectly at or relating to: The delivery, loading,
unloading, erection, installation, dismantling, use, and operation of rented equipment, contact of
underground utilities, pipes, or any condition on Renter’s property, and all necessary surface repairs. Any
injury or damage during the use or operation of rented equipment including, but not limited to, inflatables,
dunk tanks, mechanical bulls, and any interactive games. Renter acknowledges and agrees that PARTY
RENTAL VAZQUEZ LLC retains the ability to unilaterally terminate this Agreement for good cause based
upon their sole discretion to protect their employees and/or property from and arising out of or caused by,
directly or indirectly, forces beyond its control, including, without limitation, any act of God, labor
disturbance, sabotage, failure of suppliers of materials, act of the public enemy, war, invasion, insurrection,
riot, fire, storm, flood, ice, earthquake, explosion, epidemic, breakage or accident to machinery or equipment
or any other cause or causes beyond such Party’s reasonable control.
17. RETURNED CHECKS: There will be a $35.00 charge on any returned check for any reason.
18. ATTORNEY FEES: The Renter shall pay all reasonable attorney and other fees, the expenses and costs
incurred by PARTY RENTAL VAZQUEZ LLC in protection of its rights under this Agreement and for any
action taken by PARTY RENTAL VAZQUEZ LLC to collect any amounts due under this Agreement.
19. SEVERABILITY: If any term, provision, covenant or restriction of this Agreement is held by a court of
competent jurisdiction to be invalid, illegal, void or unenforceable, the remainder of the terms, provisions,
covenants and restrictions set forth herein shall remain in full force and effect and shall in no way be
affected, impaired or invalidated.
20. ENTIRE AGREEMENT: This Agreement sets forth the entire agreement between the parties with respect
to the terms and conditions of this transaction; any and all other agreements, understandings and
representations by and between the parties with respect to the matters addressed herein are superseded by
this Agreement.
21. GOVERNING LAW: This Agreement shall be governed by and construed and performed in accordance
with the laws of the State of Indiana and the venue shall be in Bartholomew County, Indiana.
22. BINDING AGREEMENT: This Agreement shall be binding upon and inure to the benefit of the parties
hereto, and their successors, assigns, heirs and administrators.