Terms & Conditions
In consideration of Renter hiring, and Celebration Party Rentals, Inc. (referred to herein as CPR) providing, the Equipment listed on the Rental Proposal for the specified charges, Renter and CPR agree upon the following Terms and Conditions of Rental:
Reservation of Equipment; Reservation Fee. Renter shall deliver to CPR the Reservation Fee and a signed Rental Proposal. Upon CPR’s acceptance of Renter’s reservation, the parties agree that the Reservation Fee is fully earned and is NOT REFUNDABLE FOR ANY REASON, AS A WHOLE OR IN PART, however, CPR will credit the Reservation Fee paid against other amounts due hereunder.
Cancellation and Changes to Reservation. Renter may cancel its reservation at any time before the Delivery Date, however, if CPR receives Renter’s notice of cancellation later than seven (7) calendar days before the Delivery Date, Renter shall be liable for all charges due hereunder. By notice received by CPR no later than seven (7) calendar days before the Delivery Date, Renter may increase or decrease the number and type of the Equipment or add or delete services, subject to its availability and to additional charges. If Renter cancels its reservation or removes a tent from its Proposal prior to seven (7) days before the Delivery Date, CPR will retain the Reservation Fee and/or 50% of the tent price. Any changes requested by Renter after the cancellation date are subject to CPR’s consent and to additional charges; provided, however, the Total Rental Charges due after the requested change shall not be less than the Total Rental Charges that would have been due for Equipment reserved as of seven (7) calendar days before the Delivery Date. RENTER IS RESPONSIBLE TO PAY ALL AMOUNTS DUE HEREUNDER EVEN IF RENTER DOES NOT USE THE EQUIPMENT FOR ANY REASON WHATSOEVER, including, without limitation, non-use because of weather, low attendance, acts of God, labor disputes, accidents, or fire.
Rental Term. Renter hereby hires the Equipment under the terms hereof for the period from Acceptance of Delivery until the Scheduled Return Time (the “Rental Term“). If no specific time is set forth above, the Scheduled Return Time shall be 4:30 p.m. on the Scheduled Return Date. Except as otherwise provided herein, this Contract will terminate when both parties have fulfilled their obligations hereunder. For purposes hereof, “Delivery” occurs when Renter, or Renter’s authorized agent, signs a receipt acknowledging delivery of the Equipment or, if no receipt is signed for any reason, when Renter, or Renter’s authorized agent, removes the Equipment from CPR’s premises or the later of when CPR’s delivers the Equipment to the Designated Location or completes set up of the Equipment, if Renter permits or hires CPR’s to perform either of those functions. For purposes hereof, “Return” occurs when Renter delivers all of the Equipment to CPR’s premises or if Renter permits or hires CPR to take down and/or pick up the Equipment, the earlier of when CPR is given control of all of the Equipment to perform such functions. For purposes hereof, “Term of Possession” means the period beginning with Delivery and ending with Return of the Equipment.
Rental Charges; Taxes and Fees. Renter shall pay to CPR all Rental Charges, other charges and taxes and fees set forth above prior to Delivery. Renter shall pay all taxes and fees arising out of the hiring or use of the Equipment unless Renter provides CPR with satisfactory evidence that Renter is exempt from paying any such tax or fee. At any time, even after this Agreement is otherwise terminated, Renter shall pay such taxes and fees upon demand by CPR.
Security Deposit. CPR may apply the Security Deposit against any amount due hereunder, including the cost to repair any damage to the Equipment or to replace any Equipment not returned by Renter and CPR may do so without prejudice to any other remedy available to CPR hereunder. CPR may commingle any security deposit paid in cash or by check with other funds. By paying the Security Deposit with a credit card, Renter is authorizing CPR to reserve the amount thereof on Renter’s credit card, the effect of which is to set aside a portion of the available credit limit on the cardholder’s account. CPR will return any unused portion of the Security Deposit to Renter after Renter has fulfilled all of Renter’s obligations hereunder. CPR will return a Security Deposit paid in cash or by check within ten (10) business days after all Equipment is returned in satisfactory condition. A Security Deposit reserved on a credit card will automatically expire thirty (30) days after it is made unless CPR has charged the account for any amount due hereunder.
Delivery; Pick Up. If CPR agrees to deliver the Equipment to the Designated Location, either Renter or Renter’s authorized agent shall be present at the Designated Location at the Delivery Time to accept delivery of the Equipment. If neither is present, CPR may, in its sole discretion, either leave the Equipment at the Designated Location or return the Equipment to CPR’s premises and contact Renter for additional instructions. In either event, CPR shall be deemed to have fulfilled its obligation hereunder to deliver the Equipment. If Renter desires CPR to attempt a subsequent Delivery, Renter shall pay additional charges therefor. If CPR agrees to pick up the Equipment at the Scheduled Return Time, Renter shall have the Equipment assembled at the Designated Location and packed in the containers supplied by CPR, if any, and in the condition required by the terms hereof. CPR shall not be required to accept Equipment that is packed in any other way or that is in any other condition. All deliveries and pick ups are to a first floor location, unless otherwise agreed to by CPR, subject to additional charges.
Condition and Use of Equipment. Renter accepts and hires the Equipment in “AS IS” condition at the time of Delivery with all defects thereto, INCLUDING ANY SHORTAGE IN THE NUMBER OF ANY ITEM OF EQUIPMENT FROM THAT SET FORTH IN THIS AGREEMENT OR IN ANY ADDENDUM HERETO or the lack of instructions regarding the operation of any of the Equipment, unless Renter gives CPR notice of such defects, including shortages or lack of operating instructions, within three (3) hours after Delivery of the Equipment. Renter’s acceptance of the Equipment without a timely notice of defects constitutes Renter’s acknowledgment that the Equipment is in good working condition and repair and the correct number and quality of Equipment, as indicated herein or in any addendum hereto, have been delivered. RENTER IS DEEMED TO KNOW HOW TO PROPERLY OPERATE THE EQUIPMENT UNLESS RENTER INFORMS CPR TO THE CONTRARY EITHER BEFORE OR WITHIN THREE (3) HOURS AFTER DELIVERY. Except transportation of the Equipment between CPR’s premises and the Designated Location, Renter shall maintain the Equipment at the Designated Location at all times, unless otherwise agreed to by CPR.
Care of Equipment; Condition upon Return. Renter shall exercise ordinary care to maintain the Equipment at all times during the Term of Possession, during which time Renter shall not harm, misuse or abuse the Equipment or allow anyone else to do so. Renter shall not repair or cause repairs to be made to the Equipment. Renter shall return the Equipment to CPR in the same condition as when it was received by Renter, ordinary wear and tear excepted, and packed in substantially the same way as it was delivered. “Ordinary wear and tear” means only the normal deterioration of the Equipment caused by its ordinary and intended use during the longer of an eight-hour period and the Rental Term. Renter shall NOT clean any of the Equipment except to remove food from glassware, dishes and flatware by scraping and rinsing with water. Renter shall pay CPR the cost of repairing, cleaning or replacing any of the Equipment to the extent required because of other than ordinary wear and tear. Breaking, staining, burning, denting, marring, or tearing any Equipment, including glassware, flatware, tents, and linens, is NOT considered ordinary wear and tear.
Late Charges; Late Return. If Renter does not return the Equipment by the Scheduled Return Time, Renter shall pay the standard pick up charge if CPR picks up the Equipment, whether or not Renter requested CPR to do so. With respect to all Equipment that Renter does not timely return, Renter shall pay the Rental Charges until the earlier to occur of Return of the Equipment and delivery of replacement equipment purchased by CPR. If any Equipment is not returned by Renter within seven (7) days after the Scheduled Return Date, such Equipment shall be deemed destroyed and Renter shall pay to CPR the replacement cost of such Equipment in addition to all other amounts owed hereunder. Every seven (7) days after the Scheduled Return Date, CPR may process charges to Renter’s credit card account for amounts due hereunder. CPR shall send Renter a copy of receipts for all such charges.
Compliance with Laws. Renter acknowledges that CPR has no control over Renter’s use of the Equipment during the Term of Possession. At all times and at Renter’s sole expense, Renter shall comply with all municipal, county, state, and federal laws, ordinances and regulations, including the Occupational Safety and Health Administration Act of 1970 (OSHA), and shall be responsible for applying for and complying with the terms of any licenses or permits which apply to the Equipment and/or its use. Renter further agrees that only competent and qualified persons shall use or operate the Equipment.
Title to Equipment. At all times, CPR shall hold title to the Equipment and Renter shall not take any action contrary to CPR holding title thereto. Renter shall not permit, or take any action to cause, any lien to be placed on the Equipment or allow any person to take possession of, to sub-rent, or assert control over, the Equipment except as permitted by the terms hereof. Upon any breach of this Agreement, CPR may enter upon Renter’s property in order to retake possession of the Equipment, without prior notice to any person or legal process and without liability to Renter for trespass or any other claim.
Disclaimer of Warranties and Liabilities. CPR MAKES NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE EQUIPMENT AND SPECIFICALLY DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Renter’s sole remedy for any failure of any item of Equipment for any reason is a refund of the Rental Charges for such item of Equipment for the portion of the Rental Term that it was not functional. Should any item of Equipment become non-functional, Renter shall immediately notify CPR of its failure and shall return the item to CPR within twenty-four (24) hours after it fails. Notwithstanding the foregoing, if CPR determines, in its sole discretion, that the item failed because of misuse or improper operation of the Equipment by Renter, its agents or invitees, the Rental Charges shall not be abated and Renter shall be liable to CPR for any damage to the Equipment. CPR shall not be liable for any loss, property damage or personal injury to Renter or Renter’s property, including incidental, special, or consequential damages, in any way connected with the operation, use, defect in, or failure of the Equipment.
Liability for Loss; Indemnification. Renter shall be liable to CPR for the destruction of, and all damage to, the Equipment that happens during the Term of Possession, however caused, and for CPR’s loss of use of the Equipment because of such damage or destruction. Upon total destruction, theft or other loss of any item of the Equipment, Renter shall pay CPR the actual replacement cost of such item of Equipment and CPR’s damages for its loss of use of such Equipment until it can be replaced.
Renter shall indemnify, defend and hold harmless CPR from and against all claims, actions, liabilities, damages, costs, attorneys fees and expenses, including, without limitation those for damage to other property and injuries to any person, suffered or incurred by CPR that arise out of any accident, casualty, theft or other event involving the Equipment or its use the occurs during the Term of Possession, whatever the cause thereof (a “Loss Event”). Upon the occurrence of any Loss Event, Renter shall give notice thereof to CPR as soon as reasonably possible and shall give CPR all information regarding such Loss Event that CPR requests. If any Loss Event reasonably appears to involve criminal activity, Renter shall immediately file a report with the proper law enforcement authorities and provide a copy thereof to CPR. In addition, if the Loss Event is covered by Renter’s insurance, Renter shall timely notify the insurance company of the Loss Event and Renter hereby appoints CPR as Renter’s lawful attorney-in-fact to exercise all of Renter’s rights to obtain recovery under all applicable insurance policies. Renter hereby assigns to CPR all insurance proceeds paid under any policy that relate to the Equipment. Renter shall fully cooperate with all law enforcement agencies, all insurance companies and CPR regarding any Loss Event.
Remedies; Limitation of CPR’s Liability. Except as provided herein to the contrary, upon a material breach hereof, the non-breaching party may immediately terminate this Contract and obtain all remedies to which such party is entitled at law or in equity. Except with respect to amounts awarded under the last sentence of this section, CPR’s liability to Renter hereunder shall be limited to the total amount paid by Renter hereunder. CPR not be liable under any circumstance for incidental, special or consequential damages. Whether or not formal arbitration or litigation proceedings are commenced, a court of competent jurisdiction or the arbitrator in any arbitration proceedings may award the prevailing party all costs, fees and expenses, including reasonable attorney and expert witness fees, incurred by the prevailing party in any dispute arising out of, or relating to, this Contract or the formation hereof. The court or arbitrator may award those costs, fees and expenses, if any, that it finds to be just and reasonable to award under all of the circumstances.
General Provisions. No provision of this Agreement may be amended or waived unless such amendment or waiver is set forth in writing and, if an amendment, signed by all parties hereto, and if a waiver, signed by those parties whose rights are adversely affected by such waiver. A party’s waiver of any provision of this Agreement, or of any breach hereof, shall be a waiver of only said specific provision or breach and shall not be a waiver of any other provision or any future breach hereof. Except to the extent preempted by federal law, this Agreement shall be governed by, and construed and enforced according to the laws of the State of Missouri, without considering its laws or rules related to choice of law. This Agreement and all agreements described herein or executed in connection with the transactions contemplated herein, constitute the complete agreement and understanding of the parties concerning the subject matter hereof and supersede all prior and contemporaneous agreements and understandings relating to the subject matter hereof, whether made orally or in writing. Renter may not assign of any of its rights or delegate any obligations hereunder without CPR’s prior written consent.