Rental Agreement

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, indemnity and hold Martinez Party Rental harmless from and hereby release Martinez Party Rental LLC 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 Martinez Party Rental negligence, from the defective condition of the items, or any other cause. YOU AGREE THAT NO WARRANTIES EXPRESSED OR IMPLIED, INCLUDING MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE HAVE BEEN MADE IN CONNECTION WITH THE EQUIPMENT RENTED. You agree to cover the full cost of any damage that may occur during the setup of the agreed rented equipment. Damage such as, home sprinkler systems, security systems, gas and piping lines. THE RENTED PARTY takes on full responsibility realizing Martinez Party Rental LLC from and liability.

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 Martinez Party Rental LLC of the facts. Martinez Party Rental 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 obligations of contract. In all events Martinez Party Rental LLC shall not be responsible for injury or damage resulting from failure or defect of rented item.

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 Martinez Party Rental you were. Renter further agrees that the items will be used only at the address listed on 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 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 minimum of $150.00 for rented items returned dirty. Dirty includes, sparklers, marker, crayons, paint, dirt beyond removal and other such marks and is at the discretion of Martinez Party Rental LLC

Payment: Renter shall pay all charges payable under this contract in advance, provided however that all forgoing shall not limit the amount payable by 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.

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 amount sufficient to fully protect Martinez Party Rental and its equipment against any and all claims, loss, or damage. In the event of a loss or damage, you shall exercise, and shall empower us to exercise all your rights to obtain recovery under insurance and shall cooperate with Martinez Party Rental to obtain recovery. All insurance proceeds should be given or assigned to Martinez Party Rental
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Site Preparation: Renter agrees to have 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. Including the cleaning of table tops from any debris, cans, glasses, and such items. Failure to do so will result in a minimum of a $150.00 fee

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 Martinez Party Rental for any additional costs incurred as a result of undisclosed or subsurface conditions. Martinez Party Rental is NOT responsible for any damage to underground sprinkler systems during tent installations. It is the customer’s responsibility to provide Martinez Party Rental 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. Also but
not limited to security systems, fencing, electrical, and gas lines.

Hold Harmless Agreement: Renter agrees to assumes all risk, and agrees to hold Martinez Party Rental 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, inflatable water slides, dunk tanks and any interactive games.

Deposit- An initial 20% nonrefundable deposit will be made within 24 hours of time of booking. Without a deposit no equipment will be held for any reason. At the discretion of Martinez Party Rental due to weather or other unforeseen circumstances an event can be canceled by them or moved to another date if staff and equipment is available.

Final payment and cancellation – Final payment of invoice total will be made to Martinez Party Rental one week prior to the event. If final payment is not obtained, Martinez Party Rental is released of obligation of the rental of the invoiced equipment. If the event is canceled by the renter prior to making the final payment one week prior to the event there will be no cancellation fee, original deposit will remain non refundable. If final payment is made and cancellation occurs within a week of the event date up to 50 percent of final payment may be returned at the discretion of Martinez Party Rental. There will be a $200.00 cancellation and storage fee if the event is canceled 24 hours prior to the event. This fee is in addition to the event cost.

Damage Waiver: If you agree to the damage waiver charge as specified, subject to the limitations and exclusions below, Martinez Party Rental 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 checks for any reason.