Appalachian Party Rentals Rental Agreement
Assumption of Liability and Waiver
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, indemnity and hold Appalachian Party Rentals harmless from and hereby release Appalachian Party 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 Appalachian Party Rentals negligence, from the defective condition of the items, or any other cause. Renter agrees to assume the liability for use of rented equipment by others for the duration of the rental. YOU AGREE THAT NO WARRANTIES EXPRESSED OR IMPLIED, INCLUDING MERCHANTIBILITY 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 Appalachian Party Rentals of the facts. Appalachian Party Rentals 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. This provision does not relieve Renter from obligations of contract. In all events, Appalachian Party Rentals shall not be responsible for injury or damage resulting in failure or defect of rented item.
Use of Equipment: Renter agrees & covenants to be satisfied with the instruction and condition of equipment rented and the proper and safe use equipment, or that Renter is so familiar and conveyed to Appalachian Party Rentals you were. 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, 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 rental period set forth in 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 Appalachian Party Rentals during regular business hours, promptly upon, or prior to expiration of, rental period. If Renter does not return on time, the Renter agrees to pay a $20 fee for every hour late.
Payment: Renter shall pay all charges payable on this contract in advance, provided however that all forgoing shall not limit the amount of payable by Renter hereunder and all additional amounts hereunder shall be paid immediately as such costs are incurred. Renter shall pay reasonable costs of collections, court, and attorney fees.
Reschedules and Cancellations: Renter agrees that, if necessary, Renter will reschedule or cancel through online booking system. Reschedules may be made for no additional fee down to 72 hours in advance of scheduled rental. If rescheduled within 72 hours, Renter agrees to pay a $40 rescheduling fee prior to confirmation of new rental time. If reservation is canceled within 2 days prior to scheduled rental, Renter will receive a 50% refund. Refunds of 90% will be given for cancellations down to 48 hours in advance of scheduled rental.
Additional charges: In addition to other charges and cost 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 chair; delivery and pickup after business hours, Saturdays, Sundays, and holiday; packaging materials not returned; service calls; and site survey and preparation.
Delivery & Pickup: Renter shall clean and repackage (in original packaging) the rented items and if Appalachian Party Rentals agrees to pick up the item, Renter shall make it available to Appalachian Party Rentals for pick up at a mutually agreed and convenient accessible location. Delivery and pickup shall be at the convenience of, and at the time designated by Appalachian Party Rentals. Renter agrees to pay a service charge for each extra delivery or pickup call required by Appalachian Party Rentals. Renter shall make its personnel available at the time designated for pickup, to assist, and pickup of all items.
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.
Insurance: Renter shall maintain, at Renter's expense, liability, property,and casualty insurance coverage in amount sufficient to fully protect Appalachian Party Rentals 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 Appalachian Party Rentals to obtain recovery. All insurance proceeds should be given or assigned to Appalachian Party Rentals.
Site Preparation: Renter agrees to have 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.
Permits & Licenses: Renter agrees, prior to any installation of rental equipment including tents, to obtain at Renter’s expense, any and all necessary permits and licenses and other consents. Subsurface Conditions: Renter agrees to obtain any locating of underground utilities before delivery of rented items. Renter also agrees to reimburse Appalachian Party Rentals for any additional costs incurred as a result of undisclosed or subsurface conditions. Appalachian Party Rentals is NOT responsible for any damage to underground sprinkler systems during rental and inflatable installations. It is the customer's responsibility to provide Appalachian Party Rentals 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.
Hold Harmless Agreement: Renter agrees to all risk, and agrees to hold Appalachian Party Rentals 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 from or relating to; the delivery, loading, unloading, erection, installation, dismantling, and use of rented equipment; contact of underground utilities, pipes, or any condition on Renter's property; all necessary surface repairs; 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, subject to the limitations and exclusions below, Appalachian Party 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).
I, _______________________, agree and understand that by signing the Electronic Signature Acknowledgment and Consent Form, that all electronic signatures are the legal equivalent of my manual/handwritten signature and I consent to be legally bound to this agreement. I further agree my signature on this document is as valid as if I signed the document in writing. This is to be used in conjunction with the use of electronic signatures on all forms regarding any and all future documentation with a signature requirement, should I elect to have signed electronically. Under penalty of perjury, I herewith affirm that my electronic signature, and all future electronic signatures, were signed by myself with full knowledge and consent and am legally bound to these terms and conditions.
By signing this contract, Renter agrees to the terms contained within.
Renter’s Name______________________________________________________ Date__________________
Signature of Renter__________________________________________________________________________
