Rental Agreement

The Party Rental Place - RENTAL CONTRACT & TERMS AND CONDITIONS

 

This is a legally binding Rental Contract and Terms and Conditions (the "Agreement") between The Party Rental Place (the "Lessor") and you (the "Lessee"). By accepting this quote (whether verbally, in writing, electronically, or by making a payment) or signing this Agreement, you agree to the following terms and conditions.

 

1. Order Changes

• Increases: Changes to increase the quantity of items in an order can be made up to three (3) days prior to the scheduled delivery date, provided the requested items are in stock.

• Decreases: Changes to decrease the quantity of items in an order can be made up to thirty (30) days prior to the scheduled delivery date. For events booked within thirty (30) days of the event date, no decreases to the order can be made once payment is processed.

• Discount Adjustments: If the original order qualified for a quantity or total amount discount, any changes to the order, even within the specified timeframes, may result in a revised contract and adjusted per-unit pricing based on the new quantities.

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2. Delivery and Setup Fees

Delivery and setup fees will be outlined in the initial quote or subsequently communicated to the Lessee and agreed upon prior to the commencement of the rental period. The Lessor reserves the right to assess additional reasonable delivery or setup surcharges if unforeseen circumstances arise (e.g., significant changes to the delivery location or accessibility) and will communicate these potential charges to the Lessee as soon as reasonably practicable.

 

3. Delivery

• The Lessor will send the Lessee a calendar invitation with the estimated delivery timeframe during the week of the event. Acceptance of this calendar invitation is appreciated. Delivery may occur one (1) to three (3) days prior to the event date, depending on the size and nature of the order.

• If the delivery location has specific time constraints, the Lessor will make reasonable efforts to accommodate these in most instances. Please contact the Lessor with any delivery-related questions. However, for events scheduled further in the future, only an estimated delivery day can be provided.

• If the event venue requires equipment pickup on the same night as the event, the Lessee must notify the Lessor in advance. Late-night pickups are subject to an additional charge, the amount of which will vary based on the size of the rental order and the required pickup time.

• If the delivery location is not easily accessible, is located on a hazardous road, or is in an area where large trucks do not typically travel, the Lessor reserves the right to assess an additional delivery surcharge, the amount of which will be communicated to the Lessee prior to delivery.

• The Lessee is responsible for ensuring the delivery and setup area is clear of all obstacles, including but not limited to vehicles, furniture, debris, and low-hanging tree branches. Lessor personnel are not authorized to move these obstacles. If the area is not cleared and requires more than ten (10) minutes of our team's time to address, a service fee of $15.00 per additional ten (10) minute increment will be applied. If the Lessee informs the Lessor of potential clearing needs beforehand, the Lessor will provide an estimated price for the extra time and labor involved.

• Delivery is made to a point convenient for the delivery vehicle to park. Additional charges will apply for deliveries requiring transport up stairs, elevator use, or any location involving extra time or labor.

4. Chairs and Tables Rental

• Unless otherwise agreed upon in writing and subject to an additional charge, the setup of tables and chairs is the sole responsibility of the Lessee. The Lessor will place the tables and chairs under a tent (if applicable). Upon pickup, the Lessee must ensure all tables and chairs are returned to the same location and in the same manner as they were upon delivery.

• Chairs must be neatly and correctly stacked by the Lessee in the same manner they were delivered prior to the Lessor's arrival for pickup. Failure to do so will result in a cleaning/restacking fee of $1.25 per chair.

• Tables must be neatly and correctly folded and stacked by the Lessee in the same manner they were delivered prior to the Lessor's arrival for pickup. Failure to do so will result in a cleaning/restacking fee of $5.00 per table. This process helps maintain efficiency and control labor costs, allowing the Lessor to offer competitive pricing.

5. Tent Rentals

• The Lessee agrees to either be present at the delivery/setup location or clearly mark the desired corner locations of the tent prior to the delivery driver's arrival to expedite the setup process. While the Lessor prefers the Lessee to be present, it is understood this is not always possible.

• Once a tent is erected, the Lessor will not take it down and relocate it until the scheduled pickup date.

6. Tent Surfaces

• Pole tents cannot be erected over driveways under any circumstances. If the Lessee requires a tent on a driveway or any surface other than grass, this must be disclosed to the Lessor PRIOR to renting a tent.

• Frame tents and quick setup tents may be set up on surfaces other than grass; however, the Lessor must be informed of this requirement before arrival.

7. Sidewall Rentals

• Sidewalls are not included with standard tent rentals and are available for an additional fee.

• No staples, tacks, or pins may be used to attach any items to the rented equipment. Any damage caused by such attachments will be the responsibility of the Lessee, including the full cost of repair or replacement.

• No tape is permitted on any equipment except for the underside of tables. Under no circumstances should tape be applied to the vinyl of any tent. Any damage will result in a charge to fix or replace the equipment.

• The Lessor does not drill holes for any tent setup. All tents must be capable of being securely erected over a grass surface.

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8. Credit Card Authorization

The Lessee hereby authorizes The Party Rental Place LLC to charge the credit card provided for agreed-upon purchases, the damage waiver fee, and any applicable damages incurred under this rental Agreement that are not covered by the damage waiver. The Lessee understands that their credit card information will be securely saved on file for future transactions related to their account, in accordance with applicable data privacy regulations. The Lessor will provide reasonable notice to the Lessee before charging the provided credit card for any damages incurred.

 

9. Ownership of Equipment

The leased equipment shall at all times remain the sole and exclusive property of the Lessor. The Lessee shall have only the right to use the equipment in accordance with the terms of this Agreement. The Lessor has the right to display notice of its ownership of the equipment through identifying marks, and the Lessee agrees not to remove or cover such markings without the Lessor's written permission. It is expressly agreed that the equipment shall remain personal property even if affixed to real estate and shall not be removed from the delivery or installation location without the Lessor's express written permission.

 

10. Inspection and Condition of Equipment

The Lessee acknowledges that they have had the opportunity to personally inspect the equipment and find it suitable for their needs and in good condition. The Lessee understands the proper use of the equipment. The Lessee further acknowledges their responsibility to inspect the equipment prior to its use and to notify the Lessor of any defects. If the equipment becomes unsafe or in disrepair for any reason, the Lessee agrees to discontinue its use and immediately notify the Lessor. If the defect is the result of normal use, the Lessor will, if available, repair or replace the equipment with similar equipment in good working order.

 

11. Disclaimer of Warranties and Limitation of Liability

• The Lessor is not responsible for any incidental or consequential damages caused by delays or otherwise, and the Lessee hereby waives any right or entitlement thereto.

• The 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. The 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 the Lessee's 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 the Lessee.

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12. Indemnification

The Lessee shall defend, indemnify, and hold harmless the 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 the Lessee or its agents, employees, subcontractors, or anyone acting on the Lessee’s behalf. This indemnification includes reasonable attorney's fees paid by the Lessor in defending suits and actions involving liability covered by this provision.

 

13. Termination

The Lessee’s right of possession terminates on the expiration of the rental period. Retention of possession after this time constitutes a material breach of the Lessee's obligations under this Agreement. Time is of the essence in this Agreement. Any extension of the rental period must be mutually agreed upon in writing at the Lessor's sole discretion.

 

14. Assignment

The Lessor may assign its rights under this Agreement 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 prior written permission. Any purported assignment by the Lessee is void.

 

15. Return of Equipment

At the expiration of this Agreement, or sooner upon the Lessor's demand, the Lessee promises to make the equipment available for pickup by the Lessor at the time specified in the Agreement, in the same condition and repair as when delivered to the Lessee, subject only to reasonable wear and tear covered by the damage waiver (if applicable). The Lessee shall be liable for all damages to or loss of the equipment occurring because it was not available for pickup as scheduled. If the Lessee has agreed to return the equipment to the Lessor, the Lessee shall be responsible for all loss or damage to the equipment from the time of delivery until it is returned to the Lessor. If the equipment is returned in a damaged or excessively worn condition that is not covered by the damage waiver, the Lessee shall pay the Lessor the reasonable costs of repair and pay rental on the equipment at one-half (1/2) the regular rental rate until repairs have been completed. The Lessor is under no obligation to commence repair work until the Lessee has paid for it. In the event the Lessor must resort to litigation to be reimbursed for damage caused to the equipment not covered by the damage waiver, the Lessee agrees to pay all attorney's fees, court costs, and other expenses reasonably incurred by the Lessor in repairing or having the equipment repaired or replaced. The Lessor will provide the Lessee with documentation of any damage charges, such as photos and repair estimates.

 

16. Waiver of Exemption Laws

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

 

17. Lessor's Right of Entry

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

 

18. Permits and Licenses

The Lessee shall, at its own expense and prior to the installation of the equipment, provide all necessary permits, licenses, and other consents required for the use and installation of the rented equipment.

 

19. Table Linens

Table linens are inspected by the Lessor prior to delivery to the Lessee and upon return. If there is obvious damage such as mildew, excessive stains, burns, or tears to the linen, the Lessee will be charged the replacement cost of the linen, as these are not covered by the damage waiver. The Lessee agrees to return all linens dry and free of waste.

 

20. Damage to Rented Equipment

The Lessee agrees to pay for any damage to the rented equipment, regardless of the cause (except for reasonable wear and tear covered by the damage waiver, if applicable), while the equipment is out of the possession of the Lessor. The Lessee also agrees to pay a reasonable cleaning charge for all equipment returned dirty, as determined in the 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 the Lessee at its replacement cost at the time of rental. The cost of repairs for damage not covered by the waiver will be borne by the Lessee, whether performed by the Lessor or, at the Lessor's option, by others.

 

21. Weather Damage to Non-Tent Equipment

Equipment other than tents left out in rain or other adverse weather conditions is considered excessively worn and is not normal wear and tear covered by the damage waiver. A prorated charge of one-eighth (1/8th) of the replacement cost per day of exposure to such conditions will be charged to the Lessee.

 

22. Loss or Theft of Equipment

The Lessee agrees to pay for equipment (at its replacement cost at the time of rental) for all types of theft or disappearance, as these are not covered by the damage waiver.

 

23. Payment Terms

• a. Lessee agrees to pay Lessor upon demand: i. All rates, charges, taxes, fuel, delivery, pickup, and reservation cancellation fees, the damage waiver fee, and all other amounts incurred as a result of this rental transaction. ii. Replacement costs for any loss or disappearance of equipment. The Lessor reserves the right to consider the property lost, stolen, or converted if not returned within ten (10) days of the agreed-upon return date and time.

• b. The Lessee authorizes the Lessor to bill the Lessee's credit card at the time of reservation, upon the Lessee's receipt of the rented item(s), or upon the return of the item(s) for all applicable charges, including the damage waiver fee and any damages not covered by the waiver.

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

• d. A late payment charge of one and one-half percent (1 ½%) per month (minimum $7.50) will be applied to any past-due accounts, commencing [Insert number] days after the invoice date. The Lessee shall pay for all collection fees, attorneys’ fees, court costs, or any other expenses incurred by the Lessor in the collection of rental charges or other damages owed by the Lessee under the terms of this Agreement. The Lessor, at its own discretion, may revert all charges to the daily rate if the invoice is not paid by the due date.

• e. THE LESSEE UNDERSTANDS THAT ALL CHARGES ARE SUBJECT TO FINAL AUDIT. The Lessee authorizes additional charges or credits to be made to their account and payment processed using the method used at the time of the reservation, rental, or return.

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24. Weather-Related Risks for Tented Events

The Lessee assumes all weather-related risks involved in holding an outdoor tented event. While the Lessor may endeavor to minimize said risks, if the tenting becomes unusable due to high wind, snow, rain, flooding, extreme cold or heat, or any other factor beyond the Lessor's reasonable control, despite any efforts or lack thereof taken by the Lessor, the Lessee shall be liable for payment in full of all charges. Tent wear and tear due to wind, hail, or rain may be covered by the damage waiver (if purchased).

 

25. Site Preparation and Cleanup

The 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. The Lessee further agrees to have all tents cleared for removal prior to the Lessor’s arrival for pickup. All non-leased equipment and decorations shall be cleared and removed from the site prior to pickup. If the Lessee fails to do so, then the Lessee shall pay all costs involved for any delay, additional rental, and all costs including collection and legal expenses. The Lessee shall be fully responsible for any property damage or personal injury related to the use of the equipment rented under this Agreement and agrees fully to indemnify the Lessor with respect to any claims, including without limitation any legal fees the Lessor may reasonably deem appropriate in the enforcement of this clause or the defense of any such claim.

 

26. Tent Variations and Waterproofing

All tents are subject to stretching and retracting of up to five percent (5%) of listed sizes. Although all tents have been treated to some extent with waterproofing compound, no tents are guaranteed to be absolutely waterproof, and leaks may occur from time to time. Physical damage to tents caused by wind, hail, or rain may be covered by the damage waiver (if purchased).

 

27. Cooking Restrictions

The Lessee agrees not to do any type of cooking under or within a reasonable distance of the tent. The Lessee assumes full responsibility and all costs incurred for any damage and/or cleaning expense to tent tops due to cooking processes under or near tents, as this is not covered by the damage waiver.

 

28. Electrical Access

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

 

29. Underground Facilities

The Lessee agrees to have all Underground Facilities in the vicinity of the Equipment installation clearly marked prior to the arrival of the Lessor's work crews. The Lessee assumes full responsibility for any damage to all Underground Facilities, as this is not covered by the damage waiver.

 

30. Party Protection | By, The Party Rental Place

Each rental contract includes a seven and one-half percent (7.5%) damage waiver to cover your responsibility for damage to the rental equipment caused during normal use.

 

The damage waiver does not cover missing, stolen, or lost items or items damaged through improper use, vandalism, or neglect. Responsibility for equipment remains with the customer from delivery until return. Please be sure equipment is secured when not in use and is protected from weather and irrigation/sprinkler equipment.

 

The Damage Waiver covers:

• Items damaged through normal use such as scratches to tables, chairs, and dance floors

• Soiled linens - food and drink stains caused by normal use

• Tent wear and tear – physical damage caused by wind, hail, or

 

31. Refunds and Down Payments

• A MINIMUM DOWN PAYMENT OF 50% IS REQUIRED AND IS NON-REFUNDABLE. This down payment secures the reservation of specific equipment for the Lessee's event, preventing the Lessor from renting these items to other potential customers.

• For cancellations made ninety (90) days or more prior to the event date: Any amounts paid by the Lessee exceeding the initial non-refundable 50% down payment will be eligible for a full refund.

• For cancellations made less than ninety (90) days prior to the event date: Any amounts paid by the Lessee exceeding the initial non-refundable 50% down payment will not be refunded..

• Any payments made for events scheduled within thirty (30) days of the booking date are NON-REFUNDABLE and NON-TRANSFERRABLE.

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32. Severability

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall remain in full force and effect.

 

33. Governing Law and Venue

This Agreement shall be governed by and construed in accordance with the laws of the State of Connecticut. Any legal action or proceeding arising out of or relating to this Agreement shall be brought exclusively in the state or federal courts located in United States District Court 450 Main Street Suite A012 Hartford, CT 06103

 

34. Entire Agreement

This Agreement constitutes the entire agreement between the parties and supersedes all prior or contemporaneous communications and proposals, whether oral or written, relating to the subject matter herein.

 

35. Lessee Acknowledgment:

By accepting this quote, the Lessee acknowledges that they have read, understood, and agree to be bound by all the terms and conditions of this Rental Contract & Terms and Conditions.

 

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