TERMS & CONDITIONS
For the purpose of this Rental Agreement, "Rental Center shall mean Rental Center, its owners,officers, directors, shareholders, and employees,
and 'Customer' shall mean Customer, its agents and/or employees. In consideration of hiring of the items (herein 'the rental items or items")
described on the front of this Rental Agreement it is agreed as follows:
INDEMNITY/HOLD HARMLESS. CUSTOMER WILL TAKE ALL NECESSARY PRECAUTIONS REGARDING THE ITEMS
RENTED. AND PROTECT ALL PERSONS AND PROPERTY FROM INJURY OR DAMAGE. CUSTOMER AGREES TO HOLD
HARMLESS RENTAL CENTER FROM AND AGAINST ANY AND ALL LIABILITY, CLAIMS, JUDGMENTS, ATTORNEYS'
FEES AND COSTS, OF EVERY KIND AND NATURE, INCLUDING, BUT NOT LIMITED, TO INJURIES OR DEATH TO
PERSONS AND DAMAGE TO PROPERTY, ARISING OUT OF THE USE. MAINTENANCE. INSTRUCTION, OPERATION,
POSSESSION. OWNERSHIP OR RENTAL OF THE ITEMS RENTED, HOWEVER CAUSED, EXCEPT CLAIMS OR
LITIGATION ARISING THROUGH THE SOLE NEGLIGENCE OR WILLFUL MISCONDUCT OF RENTAL CENTER.
ASSUMPTION OF RISK/RELEASE-DISCHARGE OF LIABILITY. CUSTOMER IS FULLY AWARE AND ACKNOWLEDGES
THERE IS A RISK OF INJURY OR DAMAGE ARISING OUT OF THE USE OR OPERATION OF THE ITEMS RENTED
HEREUNDER AND HEREBY ELECTS TO VOLUNTARILY ENTER INTO THIS RENTAL AGREEMENT AND ASSUME ALL
OF THE ABOVE RISKS OF INJURY OR DAMAGE. CUSTOMER AGREES TO RELEASE AND DISCHARGE RENTAL
CENTER FROM ANY AND ALL RESPONSIBILITY OR LIABILITY FROM SUCH INJURY OR DAMAGE ARISING OUT OF
THE USE OR OPERATION OF THE RENTAL ITEMS; AND CUSTOMER FURTHER AGREES TO WAIVE, RELEASE AND
DISCHARGE ANY AND ALL CLAIMS FOR INJURY OR DAMAGE AGAINST RENTAL CENTER WHICH CUSTOMER
OTHERWISE MAY BE ENTITLED TO ASSERT, EXCEPT CLAIMS OR LITIGATION ARISING THROUGH THE SOLE
NEGLIGENCE OR WILLFUL MISCONDUCT OF RENTAL CENTER.
HOLD HARMLESS AGREEMENT. Customer shall defend, indemnify and hold harmless Rental Center its employees, agents and
subsidiaries, from and against all claims, liabilities, losses, damages to property or otherwise, and expenses, of every character
whatsoever, resulting from the actions, negligent or otherwise, of Customer, Customer's employees or Customer subcontractor. The
indemnities included in this exhibit shall include reasonable attorney's fees paid by Rental Center in defending suit and actions
involving liability covered by the indemnification provision in this paragraph.
TITLE AND OWNERSHIP. The items rented shall at all times be and remain the sole and exclusive property of Rental Center. Customer
shall have only the rights to use the rental items in accordance with the terms of this agreement. Rental Center shall have the right to
display notice of its ownership of the rental items by display of an identifying stencil, plate or other marking, and Customer agrees that
it will not remove or cover such markings without the written permission of Rental Center. It is expressly intended and agreed that the
rental items shall be personal property even though it may be affixed or attached to real estate. The rental items shall not be removed
from the place of delivery or installation without the expressed written permission of Rental Center.
INSPECTION. Customer acknowledges that he has had an opportunity to personally inspect the rental items and finds it suitable for his
needs and in good condition. Customer understands its proper use. Customer further acknowledges Customer responsibility to inspect
the rental items prior to its use and to notify Rental Center of any defects. Customer must notify Rental Center immediately of any
defects (1) BEFORE leaving Rental Center premises or (2) PRIOR to Rental Center's vehicles leaving the delivery site. Customer
agrees to clean and visually inspect the rental items at least daily. Customer acknowledges that Rental Center has no responsibility to
inspect the rental items while they are in Customer's possession.
REPLACEMENT OF MALFUNCTIONING ITEMS. If the rental items become unsafe or in disrepair for any reason, Customer agrees to
discontinue its use and to notify Rental Center IMMEDIATELY, 24 hours a day, 7 days a week. If time permits, Rental Center will
repair OR replace the items with similar items in good working order if available, and ONLY if the defect is the result of normal use.
Rental Center is not responsible for any incidental or consequential damages caused by delays or otherwise, and Customer hereby
waives any right or entitlement thereto.
WARRANTIES. Rental Center is not 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 Customer 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 rental items are suited for Customer'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 customer.
TIME OF RETURN. Customer's right of possession terminates on the expiration of the rental period and retention of possession after this
time constitutes a material breach of Customer's obligations under this contract. Time is of the essence in this agreement. Any
extension must, at Rental Center's election be mutually agreed upon in writing. Customer is responsible for all late return fees.
IN-STORE CREDIT. Any In-Store Credit accumulated will expire 1YEAR from issue date.
BALANCE DUE AT START OF RENTAL PERIOD. Any additional rent, late fees or other associated costs are due at the termination of
the rental period. Rental Center has the right to charge the credit card on file that was previously authorized to pay for this rental
contract. After 30 days, a charge of 2% per month (Annual Rate 26.82%) will be charged on all overdue accounts/outstanding
balances.
CUSTOMER VEHICLE DAMAGE. Rental Center is NOT liable for any damage as a result of loading/unloading.
CANCELLATIONS after 4:00 p.m. the day a reservation is placed will result in a 50% cancellation fee on each item cancelled. No refunds
will be given for same day cancellations, unused equipment or items already loaded or delivered, dismissed and returned.
ASSIGNMENTS, SUBLEASES AND LOANS OF RENTAL ITEMS. The Rental Center may assign its right under this contract without
the Customer's consent, but will remain bound by all obligations herein, The Customer may not sublease or loan the rental items
without the Rental Center's written permission. Any purported assignment by the Customer is void.
RETURN OF RENTAL ITEMS. At the termination of this agreement Customer shall return all the rental items to Rental Center's premises
during Rental Center's regular business hours. in the condition and repair as when delivered to Customer, subject only to reasonable
wear and tear. Customer shall be liable for all damages to or loss of the Equipment occurring because it was not returned within Rental
Centers regular business hours. If Rental Center has agreed to deliver the Equipment to Customer or to pick up the equipment from
Customer, Customer shall be responsible for all losses or damage to the Equipment from the time of delivery to Customer and until
picked up by Rental Center.
INSPECTION BY RENTAL CENTER. Rental Center shall have the right to enter premises where the equipment may be located for
purposes of inspecting it, observing its use, or removing it from Customer's premise.
COMPLIANCE WITH LAWS/USE OF RENTAL ITEMS. Customer agrees not to use or allow anyone to use the rental items for any
illegal purpose or in any illegal manner or in an unsafe manner. Customer agrees at his sole cost and expense to comply with all
municipal, state and federal laws, ordinances and regulations which may apply to the use of the rental items during the rental period.
Customer further agrees to pay all licenses, fines, fees, permits, or taxes arising from his use of the rental items, including any
subsequently determined to be due. Customer is responsible for obtaining all permits and/or licenses from the appropriate
governmental agencies. If these agencies should require additional rental items, the expense of these rental items will be the sole
responsibility of the Customer, If the permits or licenses are denied for any reason. Customer is still responsible for all financial and
other obligations pursuant to this Agreement to Rental Center or its subcontractors.
Customer shall not allow any person who is not qualified and who has not received and understands safety and operating instructions and
who does not utilize all safety equipment required, to operate the rental items or use the rental items. Customer shall not allow any
person to use or operate the rental items when it is in need of repair or when it is in an unsafe condition or situation: modify, misuse,
harm or abuse the rental items: permit any repairs to the rental items without Rental Center's prior written permission.
DELIVERY/PICK UP. Delivery is made to closest point truck can park. Extra charges will result in deliveries up stairs, elevator use or any
point where extra time is involved. Our service does not include set up and break down of tables and chairs. If this service is required,
arrangements should be made several days prior to delivery with a special charge quoted. If no arrangements are made and this service
is desired on delivery, our driver must call for authorization. If time permits, we will try to accommodate you after quoting the price.
On pick up where no prior arrangements have been made and rental items are not knocked down and stacked properly. A knock down
fee will be charged to the credit card on file if rental items are still up and Rental Center performs knock down labor. If time does not
warrant, tables and chairs will be left until the next day when a special crew can be scheduled. There will be an additional one day
rental fee charged in this instance.
CLEANING. China, Glassware, and Flatware must be returned rinsed and repacked properly in crates/tubs provided or additional charges
will be assessed. Special cleaning deposits will be charged on BBQ Grills, Cooking Equipment, Concession Equipment and Carpets.
LINENS. Table linens are inspected prior to pick up and upon return. DO NOT PLACE WET LINENS IN ANY BAG -mildew will result.
If there is obvious damage such as mildew, excessive stains, burns or tears, you will be charged the replacement cost of the linen.
Return all linens dry and free of waste and debris.
DIRTY, OR DAMAGED ITEMS. Customer agrees to pay for any damage to rental items regardless of cause, except reasonable wear and
tear, while rental items are out of possession of Rental Center. Customer also agrees to pay a reasonable cleaning charge for all rental
items returned dirty. Accrued rental charges cannot be applied against the purchase or cost of repair or damaged goods. Rental
Equipment damaged beyond repair will be paid for by Customer at Replacement cost when rented. The cost of repairs will be borne by
the Customer, whether performed by Rental Center, or at the Rental Center's option by others.
DAMAGE WAIVER. Optional coverage, if accepted by Customer, Rental Center agrees in consideration of an additional charge of 12% of
gross rental charges, provided the Customer takes reasonable precautions to protect rental items, The Rental Center assumes risk of
damage to rental items, except the following risks assumed by the Customer: [a] Loss, vandalism, malicious mischief, and theft [b]
Loss due to mysterious disappearance or wrongful conversion by a person entrusted with rental items. Damage waiver is null and void
if damage is caused by a third party not associated or related to Customer. In this instance the Rental Center reserves the right to
collect from Customer. THE LESSEE UNDERSTANDS THAT THE DAMAGE WAIVER IS NOT FULL INSURANCE
COVERAGE AND IS NON-REFUNDABLE once contract is OPEN or COMPLETED.
DEPOSITS. Cash deposits may be required at Rental Center's sole discretion. Deposits can range from $25 to the FULL replacement cost
of any/all rental items. Out of State Identification will likely result in some amount of deposit required. All deposits will be refunded
upon satisfactory completion of rental contract.
THEFT OF RENTAL ITEMS. The Customer agrees to pay for rental items, at full replacement cost, for all types of theft or mysterious
disappearance immediately with credit card on file. Damage Waiver does not cover theft.
RETAKING OF RENTAL ITEMS. If for any reason it becomes necessary for Rental Center to retake the rental items, Customer authorizes
rental center to retake the rental items without further notice or further legal process and agrees that Rental Center shall not be liable
for any claims for damage or trespass arising out of the removal of the rental items.
LEGAL FEES. In the event an attorney is retained to enforce any provision of this Rental Agreement, the prevailing party in the dispute
shall be entitled to recover reasonable attorney's fees and court costs in such action, or proceeding, in an amount to be determined by
the court.
WEATHER RELATED RISKS. Customer assumes all weather related risks involved in holding an outdoor event. Rental Center wilt
endeavor to minimize said risk, however, should the tenting become unusable due to high wind, snow, rain, flooding, extreme
temperatures, or any factor beyond Rental Center's control, Customer shall still be liable for payment in full of all charges. Weather
circumstances that jeopardize the safety of the Customer, equipment and the Rental Center's staff may result in Renter Centers right to
cancel reservations.
PREPARATION OF SITE. Customer agrees to have the site upon which the rental deems are to be erected, free and clear of all obstacles,
natural and man made. prior to the arrival of the Rental Center's work crew. Customer further agrees to have all tents cleared for
removal prior to our arrival. All non-rented items and decorations shall be cleared and taken from site. If Customer fails to do so, then
Customer shall pay all costs involved for any delay, additional rental, and all costs including collection and legal expense.
MATERIAL. All tents are subject to stretching and retracting of up to 5% of listed sizes and although all tents have been impregnated with
waterproofing compound, no tents are guaranteed to be absolutely waterproof, and are to be considered temporary shade structures.
COOKING UNDER TENTS. Customer agrees not to do any type of cooking under or within a reasonable distance of the tent. Customer
assumes full responsibility and costs incurred for damage and or cleaning to pick up the Equipment from Customer. Customer shall be
responsible for all losses or damage due to cooking processes under or near tents.
ACCESS. Customer agrees to furnish Rental Center access to, and the right to use Customers electrical and water lines, for the installation
and operation of the rental items.
UNDERGROUND FACILITIES. Customer agrees to have all Underground Facilities, in the vicinity of the Equipment installation, clearly
marked prior to the arrival of Rental Center's work crews. Customer assumes full responsibility for damage to all Underground
Facilities.
NOTICE OF NON-WAIVER/SEVERABILITY. Any failure of Rental Center to insist upon strict performance by Customer as regards any
provision of this Rental Agreement shall not be interpreted as a waiver of Rental Center's right to demand strict compliance with all
other provisions of this Rental Agreement against Customer or any other person. The provisions of this Rental Agreement shall be
severable so that the unenforceability, invalidity or waiver of any provision shall not effect any other provision.
GNS Party Rentals 618 Jones Road Severn | MD 21144 | p. 301-363-7178 | gnspartyrental@gmail.com