TITLE: 
This is a contract of RENTING only, and not of sale. The undersigned lessee/renter agrees that he/she has rented the item(s) Herein described upon the express condition that it will all times remain the property of Pro Party Rental LLC. Lessor hereby agrees to lease to Lessee the equipment described on the face of this agreement or in attached schedules in accordance with the following agreement:

 

RELEASE OF LIABILITY: 
The Lessee expressly assumes the responsibility of informing all person(s) who use, operate or rent the specified rental equipment that, they do so at their own risk and that, if any injury, damage or death occurs to the person(s) using, operating or renting the equipment, Pro Party Rental LLC, its employees, officers, directors, shareholders, agents, successors and assigns shall not be held liable and the lessee will hold harmless for any such injuries and/or resulting damages or death and, further, shall indemnify, assume full responsibility and hold harmless Pro Party Rental LLC in the event that they are held liable for any injuries and/ or damages or death by any participant or other person. Cost of any Attorney, court costs or judgements resulting from any lawsuit brought by the Lessee or any of the participants shall be paid by the Lessee. In consideration of use of this equipment by Pro Party Rental LLC, the undersigned and any participants agree to indemnify and hold harmless Pro Party Rental LLC from any and all claims which are brought by the undersigned or any participants and which are in any way connected with such participation or use. The lessee agrees to inform any and all participants of the rules and guidelines pertaining to use of this equipment and that the use of this equipment is at their own risk.

 

DUTY TO MITIGATE: 
In the event of injury, damage or loss due to Lessor’s negligence,
Lessee agrees and assumes the duty to mitigate all costs resulting from said injury, damage or loss due to Lessor’s negligence.

 

DISCLAIMER OF CONSEQUENTIAL DAMAGES: 
By signing this contract, Lessee agrees to forego seeking any consequential damages in the event of any injury damage or loss due to Lessor’s negligence.

 

DISCLAIMER OF WARRANTIES: 
Lessor is neither the manufacturer of the rented property nor the agent of the manufacturer, and no warranty against patent or latent defects in material workmanship or capacity is given, and Lessee expressly waives all such warranties of fitness which may be accorded by law or otherwise. There are no warranties of merchantability or fitness, either express or implied. There is no warranty that the equipment is suited for customers intended use, or that it is free from defects, and any and all such warranties of fitness, or otherwise, are expressly and specifically waived by customer. Lessee shall defend, indemnify and hold harmless Lessor its employees, agents and subsidiaries, from and against all claims, liabilities, losses, claims of personal injury, damages to property or otherwise, and expenses, of every character whatsoever, resulting from the actions, negligent or otherwise, of Lessee or its agents, employees or subcontractors or anyone acting on Lessee’s behalf. The indemnities included in this exhibit shall include reasonable attorney's fee paid by Lessor in defending suits and actions involving liability covered by the indemnification provision in this paragraph.


 

MERGER CLAUSE: 
This signed contract I have been provided encompasses the entire agreement between the Lessor and the Lessee. No amendment, whether from previous or subsequent negotiations between the Lessee and the Lessor, shall be valid or enforceable unless in writing and signed by all parties to this contract. The invalidity or un-enforceability of any particular provision of this agreement shall not affect the other provisions hereof.

QUOTES:
Quotes are free and provided upon request. A quote MUST be approved by the Lessee via email followed by the E signature of this contract and fulfillment of the specified Down Payment. We are not responsible for items NOT listed on our official confirmed quote. It is imperative to review and confirm that all items you are requesting are on the final quote. We are not responsible for items that are discussed but not added to the quote. It is the customer’s responsibility to ensure all items are listed. Please know that quotes only guarantee pricing and are NOT a reservation of equipment. Quotes are only valid for up to fifteen (15) days from it being sent.
 

DOWN PAYMENT/PAYMENT:
A reservation/booking is secured when the minimum 30% Down Payment of your total invoice is paid. Your invoice will be sent Via email. If the event falls on a Holiday Weekend or Holiday Week a 50% Down Payment is required. This down payment is deducted from your total balance – which is due Seven (7) Days before your event. If the remaining balance is not paid by the due date a 20% per day late fee will apply. If the remaining balance isn't paid 3 days prior to your scheduled event, your event may be canceled at the discretion of Pro Party Rental LLC with no refund of paid amount. Unpaid bookings WILL NOT have equipment delivered or scheduled. We do not accept cash or payment after any event. When making a reservation you agree to allow Pro Party Rental LLC to keep your card on file until after your event.

Once a down payment has been fulfilled, please review our Pre Party Preparations section of this contract to ensure you are prepared for your event.

 

NON-PAYMENT: 
Failure to make full payment for all equipment rented on the INVOICE DUE DATE shall be subject to a 20% per day late fee plus any collection, attorney and/or court costs.

 

CANCELLATION: 

If you cancel within (14) Days of the event, you will be charged 50% of the total Invoice. If you cancel within (7) Days of your event, the entire invoice must be paid in full. Sides, Heaters and AC Units will be charged the full amount regardless of cancellation times. This same policy applies to tents being rented on “standby” for inclement weather. This is because once equipment is booked its refused to any other customers.

 

TIME LOST: No refunds shall be given for time lost for any reason.

DAMAGE WAIVER:
Each rental contract offers an optional damage waiver for an additional charge to cover your responsibility for the damage to the merchandise caused in the course of normal use. The Damage Waiver does not cover the repair or replacement costs of items that are misused, mishandled, or otherwise abused (example: a chair breaks when being used as a ladder).
Damage Waiver is an optional 10% of the total rental and covers reasonable, accidental damage to the equipment incurred with normal use. It is optional and is non-refundable.

 

If the Damage Waiver is declined and any rental items are damaged, the customer will be responsible for the replacement charges for the damaged items. Replacement charges will be assessed on any equipment due to loss, theft, abuse, or intentional damage by the customer.

In order to decline the Damage Waiver you must complete a Damage Waiver Refusal Form. If the Damage Waiver Refusal Form is not completed prior to the event, we will no remove the fee.

 

Responsibility for equipment remains with customer from delivery until pickup. Please be sure equipment is secured when not in use and is protected from weather and irrigation/sprinkler equipment. Broken equipment must be returned in order to for the Damage Waiver to apply.

 

Linen that gets wet during the course of an event may mildew if you put them in a bag. The damage waiver does not cover mildew as it is the customer's responsibility to let linen air dry if/before bagging them.

 

DELIVERY/PICKUP:
We email the Monday evening before your event to arrange the delivery day. Delivery can be anywhere from 1-3 days before the event depending on the size and type of event. This allows us to try and make all deliveries and setups in a timely manner. Due to changes, weather, traffic and other unforeseen delays we do have up until 10 minutes before your event to ensure all items are at the location and setup however, we often plan and work extremely hard to prevent this.  If the delivery location has certain time constraints, we are more than willing to try and work within them if possible. Feel free to contact us at anytime for delivery questions, but understand that if the date is still some time away we will only be able to give you an estimated delivery day but that is also subject to change. If we do not have a point of contact for your venue, it is required that the lessee coordinate drop off and pickup. It usually works best if you provide us with your point of contact for the venue so we can coordinate directly. If your venue requires pick up the same night as your event - please let us know. There is an additional charge for any late night pick-ups. The charge will vary on the size of the rental order and the time of required pick-up. At the expiration of this contract, or sooner upon Lessor's demand, Lessee promises to make available for pickup by Lessor on the day specified in the email specifying the day of drop-off and pick-up, in the condition and repair as when delivered to Lessee, subject only to reasonable wear and tear. Pick Ups are 1-3 days after your event, all items must be accessible and placed/stacked back in the manner in which they were received. If the equipment is no available for us to pick up and we must return, there will be a charge of 50% of the ENTIRE rental order. If you require someone to be onsite for our pickup please let us know so that we can provide you with as accurate as a time as possible.

 

SETUP AND OPERATION: 
The Lessee or the Lessee representative of at least 18 years of age must be present at the time of delivery. 

 

PRE PARTY PREPARATIONS:

DELIVERY DAY INFORMATION:
Please know and understand that the delivery day on your quote DOES NOT REFLECT the actual delivery day and time. You will be notified via email the Monday evening before of your actual delivery day and time window. We operate with several different setup crews and are often setting up more than a dozen events all occurring on the same day. We cannot setup all these events the morning of which is why setup can be approximately 1-3 days before your event. If you require this type of service please make it known as as possible as an extra service fee may apply. Please review the Delivery/Pickup section of this contract for more details or contact our office for any questions.
 

Delivery is made to convenient point for delivery vehicle to park. Delivery should be accessible by Truck& Trailer, Box truck, hand truck and dolly. If delivery and set-up is up more than a few stairs, please let us know. If we show up and there are a lot of stairs, large hills or extreme obstacles, we will amend the bill for the extra labor. If we are told beforehand we will let you know the price for the extra time involved. If delivery location is not easily accessible, is on a hazardous road, or in a location where large trucks do not usually go there can be an audit to the final price. All obstacles in the way of setting up the rented equipment need to be removed from the area, this includes but not limited to patio furniture, umbrellas, basketball hoops etc. That also includes low hanging tree branches that could be a hazard to the equipment or any type of obstruction. We are not authorized to touch or move anything that could be in the way. If the clearing of the area takes more than 10 minutes, there will be a $30.00 charge for every 10 minutes. The Delivery crew WILL NOT ASSIST IN MOVING EQUIPMENT, THIS IS A LIABILTY AND INSURANCE ISSUE.

 

LAWN CARE: 

When you receive your estimated drop off day please notify your lawn care company. ALL LAWN CARE MUST BE COMPLETED THE DAY PRIOR TO DELIVERY! IF IT IS NOT COMLPETED WE HAVE THE RIGHT TO REFUSE YOUR SETUP. Grass clippings and debris get all over the equipment and can be very difficult to get off and can stain or damage it. If we are waiting on lawn care to be completed, this significantly delays our crews for other deliveries and as a result a $250.00 fee will be charged. We also will not schedule around your regularly scheduled lawn care service. Please also SHUT OFF any sprinkler systems in the area and have the sprinkler lines clearly marked out. We are not responsible for any sprinkler lines that may get damaged if they are not clearly marked out. Please also have any dog poop/ goose poop removed from your yard prior to setup day.

 

TENT: 

If you are renting a tent, please be sure to have the area marked out for where you would like the tent. Deciding where you would like the tent when our setup crew arrives significantly delays our setup teams and other drop offs. You can mark the four corners with flags, cones, rocks or anything. If you decide to move the location after a stake has been driven there will be a $45.00 fee per stake that needs to be removed. If no one is on site at the time of delivery to direct where the tent should be located and the location is not marked, our delivery crew will choose the best suitable location for the tent. It is the Lessee responsibility to ensure the tent is in the desired location. We are not responsible if the tent is not in its desired location and no one was on site to provide that information OR the area was unmarked. We will also not wait more than fifteen (15) minutes for someone to arrive unless it is due to our error. Any extra waiting time will be charged at a rate of $10.00 for every ten minutes. This delay greatly affects our scheduling and our ability to provide our best service to our other customers.

 

EVENT PLANNERS:

If you are working with an event planner and they wish to be on site when our team gets there they must contact us. We will work around schedules ONLY if possible. If there needs to be a specific setup time an additional fee may apply.

 

TABLES & CHAIRS:

If you are receiving tables and chairs, they must be covered in case of inclement weather. Being stored under the tent is perfectly fine however if you are not renting a tent you must provide coverage from weather for them. IF chairs and tables a soaking wet upon our arrival a $1.00 per chair or table cleaning fee will apply. They must also be stacked back in the manner in which they were received. On the underside of each chair is a sticker labeling the direction in which they should be stacked. If you are renting items such as our bars, farm tables or any other higher end piece of furniture, the weather can extremely damage this equipment. Anything that is damaged due to weather is a negligent damage and not covered under the damage waiver therefore additional fees for repairs and replacement may apply.

 

PERMITS: 
Pro Party Rental is NOT responsible for any onsite permits/grants or certificates of the like in regards to erecting a tent or any such items within our inventory. Including but not limited to liquor permits, zoning permits, engineering permits or any city or state permits.  If a permit is needed it is incumbent the lessee to find out such information and either obtain all permits and permissions and any associated fees related to such OR inform Pro Party Rental LLC of what is needed and make prior arrangements in a timely manor for them to be obtained. We will gladly obtain such permit if one is needed at an extra cost plus the Permit Fees. Each town, city and district have different rules and regulations regarding tents which can vary from location to location and size. You can find out this information by contacting your local building and zoning department. Permits can sometimes take several weeks to obtain therefore, we must have ample time to obtain one. In the event the lessee does not get the proper information and a fine/summons is issued, it is the sole responsibility of the lessee to pay for such fine/summons.

 

TENT RENTALS:
Please mark the location of where the tent is going before delivery, you can use sticks in the ground, paint, furniture or anything else. This helps us greatly with efficiency, thus keeping prices down for everyone. IT IS THE CUSTOMERS RESPONSIBILITY TO CALL 811 (CALL BEFORE YOU DIG) PRIOR TO ANY TENT SETUP AND HAVE UNDERGROUND UTILITIES MARKED OUT.

NO TAPE, GLUE, STICKERS, HOOKS OR ANY ADHESIVES CAN BE USED ON THE TENT TOPS. YOU MAY USE ZIP TIES OR STRING ONLY.

We cannot put a pole tent up over a driveway under any circumstance. If you would like a tent on the driveway, please rent a frame tent.

If renting sidewalls, they are not allowed to be removed. We will show you how to open them up safely, so they do not get damaged.

 

Sides and Heaters are the only items that there is no refund or partial refund if cancelled

 

Drilling holes in pavement is a charge of $5.00 per hole; please let us know ahead of time if this will be necessary. If upon delivery it is discovered that we need to drill holes there will be a charge of $25.00/hole.

 

If holes need to be put in pavement we do not fill them in after removal unless otherwise arranged.

TABLES & CHAIRS:
Chairs need to be stacked neatly back on dollies before picking up. If chairs are not stacked or stacked in a sloppy manner there will be a charge of $1.00/chair. This method greatly helps us with efficiency and keeping labor costs down, which in turn allows us to provide the best price we can to each customer. Non-padded chairs stack 50 high and padded chairs stack 25 high. There is also a sticker on the underside of each chair clearly stating which side is up during stacking.

 

Unless otherwise arranged the tables and chairs are not set up by us. We will place them under the tent or wherever you would like provided it is accessible by hand-truck, when we come to pick them up they must be restacked in the manner in which they were received. They are often left on dollies to help assist you with movement during and prior to setup. These dollies are the sole property of Pro Party Rental LLC and the loss of such dolly will result in full reimbursement of each dolly. If the equipment is not broken down prior to our arrival and no prior arrangement has been made to do so, there will be an additional charge for the time in which it takes to break down all that equipment.

 

No staples, tacks or pins can be used to attach your own things to any equipment. Any damage will result in a charge to fix or replace equipment. No tape can be used on anything except for the under sides of tables. At no time should tape be put on the vinyl of the tent. Any damage will result in a charge to fix or replace equipment.

LINENS:
If you are renting any sort of Linens, the final color and size cannot be changed 14 days prior to your event. Table linens are inspected by Lessor prior to delivery to Lessee and upon return. If there is obvious damage such as mildew, excessive stains, burns or tears to linen, Lessee will be charged the cost of the linen. Return all linens dry and free of waste.

 

SPECIAL PREVISOINS: 
The Lessor reserves the right not to perform outdoor engagements when, in the Lessor’s judgment, weather conditions would be detrimental to the Lessor’s equipment or the safety of our customers. This includes but is not limited to wind, rain, or mud. Should weather conditions change during the course of the event including but not limited to rain, windy conditions the Lessee agrees to take due care of and protection of the equipment that could be damaged by such weather conditions. This includes any equipment that may be damaged in heavy rains or sever weather conditions. If necessary, immediately contact Pro Party Rental LLC.

1. The leased equipment shall at all times be and remain the sole and exclusive property of Lessor. Lessee shall have only the rights to use the equipment in accordance with the terms of this agreement. Lessor shall have the right to display notice of its ownership of the equipment by display of an identifying stencil, plate or other marking, and Lessee agrees that it will not remove or cover such markings without the written permission of Lessor. It is expressly intended and agreed that the equipment shall be personal property even though it may be affixed or attached to real estate. The equipment shall not be removed from the place of delivery or installation without the express written permission of Lessor. The Lessor also has the right to enter the property where such equipment is being used.

2.Lessee’s right of possession terminates on the expiration of the rental period and retention of possession after this time constitutes a material breach of Lessee's obligations under this contract. Time is the essence in this agreement. Any extension must, at Lessor's election, be mutually agreed upon in writing.

 

3.The Lessor may assign its right under this contract without the Lessee's consent, but will remain bound by all obligations herein. The Lessee may not sublease or loan the equipment without the Lessor's written permission. Any purported assignment by the Lessee is void.

4.The Lessee hereby expressly waives all rights in and to any and all exemption laws set forth in the States of New York and Connecticut, which are within the power of the Lessee to waive.

 

5.Lessor shall at all times have the right to enter any premises where the Equipment may be located for purposes of inspecting it, observing its use, or removing it from Lessee's premise.

6.Lessee agrees to pay for any damage to rented equipment regardless of cause, except reasonable wear and tear or unless covered by the Damage Waiver, while equipment is out of possession of Lessor. Lessee also agrees to pay a reasonable cleaning charge for all equipment returned dirty, in Lessor’s sole, reasonable judgment. Accrued rental charges cannot be applied against the purchase or cost of repair of damaged goods. Rental Equipment damaged beyond repair will be paid for by Lessee at it Replacement Cost when rented. The cost of repairs will be borne by the Lessee, whether performed by Lessor or at the Lessor's option by others.

 

7.Equipment, other than tents, left out in rain/weather is excessively worn. This is not normal wear and tear. Additional fees which will be assessed by Pro Party Rental LLC up to the full replacement cost will be charged to the Lessee for equipment left out and damaged in in climate weather.

 

8.The Lessee agrees to pay for equipment (at its replacement cost when rented) for all types of theft or disappearance.

 

9. a. Lessee agrees to pay Lessor upon demand:

 

A.All rates, charges taxes, fuel, delivery, pickup and reservation cancellation fees and all other amounts incurred as a result of this rental transaction. ii. Replacement costs for any loss or disappearance of equipment. Lessor reserves the right to consider the property lost, stolen, or converted if not returned when Pro Party Rental LLC comes to retrieve all rented equipment.

 

B.Lessee authorizes Lessor to bill Lessee's credit card at time of reservation or upon Lessee's receipt of the rented item(s) or upon return of the item(s). 

 

C.If Lessee has directed that charges are billed to a third party, and Lessor agrees to bill that third party, and the third party fails to make prompt payment to Lessor when due, then Lessee promises to pay Lessor on demand. If the Lessee directs charges to be billed to a third party, Lessee represents that he is authorized to give Lessor such direction. Lessee understands that he remains individually responsible for all charges Lessor is to be paid under this contract.

 

D.One and one half percent (1 1⁄2%) per month (minimum $5.00) will be charged on any past- due accounts after the rental period. Lessee shall pay for collection fees, attorneys’ fees, court cost costs or any expense involved in the collection of rental charges or other damages to Lessor under terms of the contract. The Lessor, at its own discretion, may revert all charges to the daily rate if invoice is not paid on the due date.

 

E.LESSEE UNDERSTANDS THAT ALL CHARGES ARE SUBJECT TO FINAL AUDIT. Lessee authorizes additional charges or credits to be made to his account and payment by the method used at the time of the reservation, rental or return. 

 

10.Lessee assumes all weather-related risks involved in holding an outdoor tented event. Lessor may endeavor to minimize said risk, however, if the tenting becomes unusable due to high wind, snow, rain, flooding, extreme cold or heat, or any other factor beyond Lessor's control, despite any efforts or lack thereof taken or not taken by Lessor, Lessee shall be liable for payment in full of all charges.

 

11.Lessee agrees to have the site upon which the equipment is to be erected free and clear of all obstacles, natural and man- made, prior to the arrival of the Lessor's work crew. Lessee further agrees to have all tents cleared for removal prior to Lessor’s arrival for pickup. All non-
leased equipment and decorations shall be cleared and taken from site prior to pick-up. If Lessee fails to do so, then Lessee shall pay all costs involved for any delay, additional rental, and all costs including collection and legal expenses. Lessee shall be fully responsible for any property damage or personal injury related to use of the equipment rented under this agreement and agrees fully to indemnify Lessor with respect to any claims, including without limitation any legal fees Lessor may deem reasonably appropriate in the enforcement of this clause or the defense of any such claim.

 

12.All tents are subject to stretching and retracting of up to 5% of listed sizes and although all tents have been treated to some extent with waterproofing compound, no tents are guaranteed to be absolutely waterproof and leaks do occur from time to time.

 

13.Lessee agrees not to do any type of cooking under or within a reasonable distance of the tent. Lessee assumes full responsibility and costs incurred for damage and or cleaning expense to tent tops due to cooking processes under or near tents.

 

14.Lessee agrees to furnish Lessor access to, and the right to use, Lessee's electrical and power lines for installation and operation of the rented equipment.

 

15.Lessee agrees to have all Underground Facilities in the vicinity of the Equipment installation clearly marked prior to the arrival of Lessor's work crews. Lessee assumes full responsibility for damage to all Underground Facilities.

 

23.Lessee agrees to all Down Payment requirements unless other wise specified in writing by Pro Party Rental LLC. DOWN PAYMENT NEEDED IS 30% IS NOT REFUNDABLE. LESSEE AGREES THAT ANY PREPAYMENTS OR DOWN PAYMENTS PAID TO SECURE ORDERS THAT ARE OVER THE INITIAL 30% ARE ONLY SUBJECT TO A REFUND IF LESSEE CANCELS THE RESERVATION AT LEAST 14 DAYS PRIOR TO THE EVENT. IF THE CANCLLATION IS MADE BEFORE 30 DAYS OF EVENT; ANY AMOUNTS PAID OVER THE MINIMUM 30% DOWN PAYMENT WILL BE REFUNDED.

 

DOWN PAYMENTS ARE NON REFUNDABLE. NO EXCEPTIONS.

 

LONG TERM RENTALS:
Long Term Rentals require a minimum of at least 2 months rental. Lessee assumes all responsibility during these rentals.

The entire month must be paid in advance prior to the delivery of tent and when rolling into another month must be paid at the start of the cycle. (i.e. if the rental starts on the 12th of the month the new month cycle begins on the 12th of the following month)

 

If rental is terminated before the end of the billing cycle no portion of the rental fees will be refunded.

 

Customer MUST INSUREthe full value of the tent and any other rented items for the full length of the rental and provide email proof of full coverage.

 

If a propane heater is rented or any AC Unit, Customer will be responsible for maintenance of equipment as well as all propane supply and fire safety regulations. Pro Party Rentals LLC assumes zero responsibility for any misconduct, negligent use or violations of any safety/fire codes in the state of CT or NY. Pro Party Rental Standard Rental Contract and Terms and Conditions still apply.

COVID-19:
Any event booked after 4/1/20 is non-refundable for any cancellation due to a shelter in place/quarantine/pandemic event. Your deposit can be applied to a future rescheduling with dates subject to availability.

NEGLIGENCE OR ABUSE: 
Lessee agrees to be responsible for any damage to the Pro Party Rental LLC equipment, if damage is incurred while the equipment is in the possession of the Lessee. Damage fees vary but are estimated below:

$25-$1000 for cleaning fees $200-$100,000 for repairs

Replacement cost for any missing supplies or equipment, or damaged equipment beyond repair that is owned by Pro Party Rental LLC. Any cost for damaged, missing equipment, repairs or cleaning may be billed to the Lessee up to ten days after the event. Lessee agrees to pay any fees within 30 days of the event and for all collection costs, attorney fees and court cost involved should lessee fail to pay fees in full. Fees for cleaning, repairs or replacement costs shall be assessed by Pro Party Rental LLC and shall be the sole discretion of Pro Party Rental LLC.