Party Rental Waiver & Release
1. ASSUMPTION OF RISK. By renting certain equipment, which may include moonwalks, other inflatables, frame and pole tents, and food service equipment (the “Rental Equipment”) from All Occasion Party Rental LLC, the customer hereby assumes responsibility, loss, damages, expenses and risks to members of customers group and all others associated with the Rental Equipment at all times after it has been delivered to the destination until such time the rental equipment is returned to All Occasion. Risks may include, but are not limited to, property damage, personal injury, foodborne illness, death, and fines and penalties. The risks may arise while setting up and taking down the Rental Equipment, using and possessing the Rental Equipment by any person, and failing to procure any license, permit, or other authorization. It is understood that these risks may result from the account holders actions, inactions, or negligence, and also from the actions, inactions, or negligence of others. Further, there may be other risks not known to the customer or reasonably foreseeable at the time. The customer understands and has considered the risks involved, and the customer voluntarily and freely chooses to assume these risks.
2. RELEASE FROM LIABILITY. The customer fully and forever releases and discharges All Occasion and its respective affiliates, directors, officers, shareholders, employees, agents, and insurers, and all others involved in the activity (collectively referred to herein as the “Released Parties”) from any and all injuries (including death and foodborne illness), losses, damages, claims (including negligence claims), demands, lawsuits, expenses, and any other liability of any kind, to the account holder, account holders property, or any other person, directly or indirectly arising out of or in connection with the Rental Equipment, even if it is due to the negligence or other fault of the Released Parties.
3. INDEMNITY. The customer will defend, indemnify, hold harmless and reimburse the Released Parties from and for all damages, losses, costs, or expenses {including legal fees) incurred by the Released Parties or paid by them to any person (including customer or account holders insurers) in respect of any breach of the terms of this Waiver and Release, accident, injury (including death and foodborne illness), loss, or property damage, however caused resulting from, arising out of, or otherwise in connection with the Rental Equipment. The customer will reimburse the Released Parties if anyone makes a claim against them in connection with account holders rental of the Rental Equipment, including, without limitation, any accident, injury, loss, damage to me, other parties or property however caused.
4. COVENANT NOT TO SUE. The customer will not initiate any claim, lawsuit, court action, or other legal proceeding or demand against the Released Parties, nor join or assist in the prosecution of any claim for money or other damages which anyone may have, on account of injuries (including death and foodborne illness), losses, or damages sustained the account holder, other parties, or account holders (or others’) property in connection with the Rental Equipment, and the customer waives any right the customer may have to do so. This means that the customer cannot sue to hold the Released Parties responsible for any injury, loss, or damage sustained by me, other parties, or account holders (or others) property in connection with the Rental Equipment, even if it is due to the negligence or other fault of the Released Parties. The customer waives customers insurers’ right to make a claim against the Released Parties based on payments by insurers to customer or on customer behalf for any reason. This means customers insurers have no rights of subrogation against the Released Parties.
5. RESPONSIBILITIES. The customer represent, warrant, covenant, and agree that the customer (1) shall and cause others to use reasonable care in using, possessing, transporting, setting up, and taking down the Rental Equipment; (2) shall not use the Rental Equipment in storms or winds greater than 20 mph; (3) have obtained or shall obtain any and all licenses, permits, and other authorizations necessary to use the Rental Equipment, including, but not limited to, any health department food permits and any clearance by underground electrical, water, and cable authorities; (4) immediately notify All Occasion of any incident which could give rise to any liability, injury, or damages in connection with the Rental Equipment; and (5) shall comply with all laws, regulations, ordinances, and rules in connection with the rental and/or use of the Rental Equipment.
6.MISCELLANEOUS. This ‘Release and Waiver shall be binding upon and enforceable against the customer, account holders personal representatives, spouse, assigns, heirs, and next of kin without limitation. It is customers desire and intent that the words, terms, provisions, covenants, and remedies contained in this Release and Waiver shall be enforceable to the fullest extent permitted by Applicable Law. If any portion of this Release end Waiver is held invalid, the remainder shall not be affected and shall continue in full legal force and effect. That shall include modifying the Release and Waiver to allow any remaining claims to be waived, released, and indemnified against in the event that the inclusion of any particular provision is found to be invalid or contrary to public policy. The terms of this Release and Waiver shall continue from this date forever. This document constitutes the entire agreement between the Released Parties and customer and supersedes any previous or contemporaneous discussions or agreements between us in respect of these matters. In the event the Released Parties bring suit or must defend themselves in an action to enforce the terms of this Agreement, The customer shall pay the Released Parties’ reasonable attorneys’ fees in the event the Released Parties are the prevailing party in such action.
7 OPERATION AND USE OF SUPPLIES. Renter is solely responsible for his/her and his/her guests and invitees use and operation of any of the rented supplies. Renter understands and is aware the hazards of novel corona virus (COVID-19). , Renter understands and is aware of the guidelines set forth by the Centers for Disease Control and Prevention (‘CDC’) as it pertains to the COVID-19 virus. Renter is aware of and has stayed abreast of the most current guidelines and restrictions provided by the Governor as it pertains to the safety and right to gather in the State of Indiana. Renter understands and acknowledges that there are inherent risk to the health of its guest/invitees in its use of the Supplies: Renter assumes all risk that itself, its guest/invitees maybe exposed to or contract COVID-19, and holds owner completely harmless from said risk, Renter explicitly understands that Owner is not responsible for insuring that the Supplies are COVID-19 virus fr ee, nor in Renter’s use of Supplies.
8. UNDERGROUND LINES. Customer is responsible for getting any underground lines, pipes, sprinkler systems etc. marked for all tent and inflatable games. This is mandatory for grass and asphalt. All must be marked 4 days prior to installation. It is the customer’s responsibility to call “81 1” and have lines marked for All Occasion employees to see prior to delivery regarding to the location of any underground electrical, water and cable lines. All Occasion has the right to not set up Rented Equipment if this process has not been done before set up of items. There will be no refunds for any money paid on this event if this is not completed as required.
9. LATE FEE POLICY OVERVIEW. I (Renter) understand that if I do not call on the last day of the 3-day rental by 12:00pm, and let All Occasion Party Rental know that I will be late with the rental items, I will be charged a $25 late fee. If I do call and let All Occasion Party Rental know that I will be late with the rental items, I have until 12:00pm on the following day your 3-day rental is up before being charged a $25 late fee. All rentals that are delivered after 12:00pm the following day of the 3-day rental will be charged another 3-day rental fee, along with the additional $25 late fee. Two days after the 3-day rental, the renter will be charged for each of the rental items in full.
10. RESTOCKING FEE POLICY OVERVIEW. I (Renter) understand that if I call and let All Occasion Party Rental know a week prior to my event that I want to take off one or more rental items, I will be charged a 25% restocking fee for the rental item(s) that had been taken off.
11. DEPOSITS, FEES AND CANCELLATION POLICY. For any rental reservations, All Occasion requires a 50% non- refundable / non-transferable deposit for reservations over $125.00. For any rental below $125.00 and / or all cash and carry orders a $25.00 security deposit is required. Security deposit for cash and carry is refundable upon prompt return of items in condition for which they were received. Security deposit refunds could take up to 10 business days to be processed after event date. All orders are to be paid in full 14 days in advance of rental event. Items on rental agreement that are not canceled within 14 days of event, could result in a restocking fee, based on number of items not used as stated on original agreements. Refunds will not be issued for any special ordered items or overstocked items that may need to be sub-rented. If All Occasion is required to have a site visit, a charge of $75 will be paid before visitation of site. This site visit fee will be credited to rental agreement if customer chooses to use All Occasion for their event. If multiple meetings are needed for special planning of event, a $75 an hour design fee may be charged at the discretion of All Occasion Event Planner.
SAFETY / LIABILITY ON MOONWALKS / INFLATABLES
All Occasion Party Rentals is not responsible for any injury sustained while using it’s equipment during it’s use, pickup or delivery.
Responsibility is with the renter if choosing self-delivery/setup of games and use and care of rented items from All Occasion.
Customer may not use games in storm or high winds of 20 mph or greater.
Customer must take down invited storm/high winds even if All Occasion delivered and setup games.
Any loss or damage to game while in customer’s possession is responsibility of the renter.
Game must be returned as received or customer will receive a charge to your security deposit. In extreme cases, this may result in an extra penalty charge.
All Occasion must be notified of any malfunction of a game, prior to it’s return.
Use only the items provided with games. No shoes or sharp objects inside any blowups.
No more than 50 foot of extension cord is allowed.
No more than 5 passengers at a time in blowups.
LIABILITY ON FRAME AND POLE TENTS
Upon the equipment being delivered/pick up, All Occasion Party Rentals is not responsible for any injury sustained while using its equipment.
Any injury while in renter’s possession is the sole responsibility of the renter.
Delivery/setup of tents does not equal responsibility on the part of All Occasion Party Rentals.
Locating of any power, water or cable lines are required. See Item 8.
Any loss or damage to tent is the responsibility of the renter due to negligence.
All Occasion must be notified of any malfunction happen to tent prior to pick up.
The responsibility is on the customer to provide a water source if All Occasion needs to use weighted water barrels on frame tent.
THE CUSTOMER HAS READ THIS WAIVER AND RELEASE AND FULLY UNDERSTANDS ALL THE TERMS, AND AGREES THAT THE CUSTOMER IS VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS BY SIGNING BELOW, AND HAS SIGNED THIS RELEASE FREELY AND VOLUNTARILY AND WITHOUT INDUCEMENT, ASSURANCE, OR GUARANTEE OF ANY NATURE BEING MADE TO ONES SELF.
