RENTAL AGREEMENT
SEVERABILITY
The provider of this rental contract shall be severed able so that the unenforceability or waiver of the provisions shall not affect the remaining provisions RESPONSIBILITY OF USE & DISCLAIMER OF 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 Hamma Entertainment LLC harmless from and hereby release Hamma Entertainment LLC from, and 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 Hamma Entertainment LLC 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 Hamma Entertainment LLC of the facts. Hamma Entertainment LLC agrees at our discretion to make the items operable within a reasonable time, or provide a like item if available, or make a like item available at another time, or adjust rental charges. The provision does not relieve renter from the obligations of the contract. In all events, Hamma Entertainment LLC shall not be responsible for injury or damage resulting from failure or defect of rented items.
USE OF EQUIPMENT
Renter agrees & covenants to be satisfied with the instruction and condition of equipment rented and of the proper and safe use of equipment, or that renter is so familiar and conveyed to Hamma Entertainment LLC you were. Renter further agrees that the items will be used only 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.
TIME OF RETURN
Renter’s right of possession terminates upon the expiration of the rental period set forth on contract. Time is of the essence in this contract. Any extension must be agreed upon in writing.
PAYMENT
Renter shall pay all charges payable under 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, Hamma Entertainment LLC 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 of 2.0% per month on all past due accounts. There will be a $35.00 charge on any returned checks for any reason.
CARE OF EQUIPMENT
In addition to its other obligations hereunder; Renter shall: Pay a reasonable cleaning charge for items returned dirty. Protect the rented items from weather damage, breakage, unauthorized or improper use, theft or loss while in the 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 Hamma Entertainment LLC and its equipment against any and all claims, loss, or damage of whatever nature or type.
SITE PREPARATION
Renter agrees to have the site clean and ready for delivery and installation or dismantled for pickup of the equipment, and also agrees to pay an additional charge 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 underground utilities before delivery of rented items. Renter also agrees to reimburse Hamma Entertainment LLC for any additional costs incurred as a result of undisclosed or subsurface conditions resulting in an additional cost to us.
HOLD HARMLESS AGREEMENT
Renter agrees to assume all risk and agrees to hold Hamma Entertainment LLC 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 of or relating to:
The delivery, loading, unloading, erection, 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 use of rented equipment including inflatables and interactives
PAYMENT
All orders are to be PAID IN FULL, before the time of delivery/customer pick-up. Accepted payment methods are Cash, Visa, Discover, MasterCard, and American Express. Items will not be setup unless the total is paid in full, and we have received a signed rental contract.
CANCELLATION POLICY
Upon confirmation of a rental order, the customer must give a deposit to reserve the order. If the customer decides to cancel an order prior to the event, it must be done 7 days prior to the event date. If a customer cancels an event within 7 days of the event Hamma Entertainment LLC will retain the $250 deposit. Customer does, however, have the option to move rental date, as long as all items are still available, within 2 months of the canceled date.
FINAL INSPECTION
Hamma Entertainment LLC reserves the right to modify charges for broken, missing, damaged, or dirty items up to 14 days after items have been received prior to going through FINAL inspection.
PRIOR TO PICK-UP OR RETURN
Inflatable rental Items shall be fully deflated prior to pick-up by Hamma Entertainment LLC. Inflatables shall NEVER be left inflated overnight nor when unattended.
INFLATABLES
All outdoor inflatables are to be staked at all times. Please know what is underground before we arrive. We are not responsible for any underground utilities, sprinkler systems, septic systems, etc. Keep in mind that overhead clearance (i.e. electrical wire, tree branches, etc.) is also necessary. Setup site must be clear of all sticks, patio furniture, animal droppings, overhead tree limbs that may interfere, debris, etc. Inflatables will not be setup under sap producing or fruit trees. Inflatables shall NEVER be left inflated overnight nor left unattended.
EQUIPMENT RESPONSIBILITY
All items are to be inspected by customer at time of drop off. If problems with items, Hamma Entertainment LLC must be notified before event. Renter is responsible for equipment from time of possession to time of return. Renter assumes the entire risk of loss, regardless of cause. If items are lost, stolen, damaged, renter will assume all costs of replacement or repair, including all labor costs. Renter shall pay a reasonable cleaning charge for rented items returned dirty. Any items not wanted upon delivery are still to be paid for by customer.
EMERGENCY LINE
If renter does not attempt to contact Hamma Entertainment LLC directly after he/she has had a problem with a rental item, no refund, discount etc., will be given, NO EXCEPTIONS.
RENTER UNDERSTANDS THAT Hamma Entertainment LLC MAY USE PICTURES OF EVENTS FOR PROMOTIONAL/MARKETING PURPOSES.
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