Rental Agreement

RENTAL AGREEMENT

THIS AGREEMENT is entered into between Rentals of Albany LLC and the customer.

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 Rentals Of Albany harmless from and hereby release Party Rentals Of Albany 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 Rentals Of Albany 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.

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 Rentals Of Albany of the facts.  Party Rentals Of Albany agrees at our discretion to make the items operable in a reasonable time, or provide like items if available, or make a like item available at another time, or adjust rental charges, The provision does not relieve the renter from

obligations of the contract.

In all events Party Rentals Of Albany 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 Party Rentals Of Albany you were.

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 rented items.

Equipment Responsibility: Renter is responsible for equipment from the time of possession to time

of return.

Renter assumes the entire risk of loss, regardless of cause. If items are lost, stolen,

damaged, the renter will assume the cost of replacing or repair, including labor costs. 

Time of Return: Renter’s right of possession terminates upon the expiration of the rental period set forth on 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 Above All Party Rentals Of Albany during regular

business hours, promptly upon or prior to the expiration of the rental period. If the renter does not timely return, the rental rate shall continue until items are returned.

Payment: Renter shall pay all charges payable on this contract in advance, provided however that all foregoing shall not limit the amount payable by the 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, Above All Party Rentals Of Albany 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 2.0 per month on all past due accounts.

Deposit: Renter shall pay a 50% nonrefundable deposit at the time of reservation unless otherwise discussed with an Above All Party Rentals Of Albany officer. The fee is 50% of the original rental order including delivery/pickup charges.

The 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 50% cancellation fee. If the reservation is canceled within 5 days prior to the scheduled “time and date out”, the renter will be charged a 50% cancellation/restocking fee of the original rental order.

Additional charges: In addition to other charges and costs provided herein, the 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.

Delivery & Pickup: Renter shall clean and repackage (in original packaging) the rented items and if Party Rentals Of Albany agrees to pick up the item, the renter shall make it available to Party Rentals Of Albany for pick up at a mutually agreed and conveniently accessible location. Delivery and pickup shall be at the convenience of, and at the time designated by Party

Rentals Of Albany.

Renter agrees to pay a service charge for each extra delivery or pickup call required by Party Rentals Of Albany. Renter shall make its personnel available at the time designed for

pickup, to assist, and pickup of all items.

Care of Equipment: In addition to its other obligations hereunder, Renter shall: Protect the rented items from weather damage, breakage, unauthorized or improper use, theft or loss while in possession of the renter.

Insurance: Renter shall maintain, at renter’s expense, liability, property and casualty insurance

coverage in an amount sufficient to fully protect  Party Rentals Of Albany 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 Rentals to obtain recovery. All insurance proceeds should be given or assigned to  Party Rentals Of Albany.

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.

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.

Subsurface Conditions: Renter agrees to obtain any locating of undergrowing utilities before delivery of rented items. Renter also agrees to reimburse Party Rentals Of Albany for any

additional costs incurred as a result of undisclosed or subsurface conditions. Party Rentals Of Albany 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 Rentals Of Albany 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 on all risk and agrees to hold  Party Rentals Of Albany 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, 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,  Party Rentals Of Albany 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, 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).

Returned Checks: There will be a $35.00 charge on any returned check for any reason.