Rental Aggreement

RENTAL AGREEMENT
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, indemnity and hold Simply Balloons harmless from and hereby release Simply Balloons 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 Simply Balloons 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.

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 Simply Balloons of the facts. Simply Balloons agrees at our discretion to make the items operable in a reasonable time, or provide a like items 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 Simply Balloons 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 Simply Balloons you were. Renter further agrees that the items will only be used 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 cost of replacement or repair, including labor costs. Renter shall pay a reasonable cleaning charge for rented items returned dirty.

Time of Return: Renter's right of possession terminates upon the expiration of 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 Simply Balloons during regular business hours, promptly upon. or prior to expiration of rental period. If 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 forgoing shall not limit the amount of 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. If rental charges are not paid within (10) days of the due date, Simply Balloons 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 per month on all past due accounts.

Cancelation Fee: Renter shall pay a 25% cancelation fee is reservation is canceled at any time. If reservation is canceled within 5 days prior to scheduled "time and date out", renter will be charged a 50% cancellation/restocking fee of the original rental order.

Additional charges: In addition to other charges and cost provided herein, 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. Delivery and Pickup on Holidays. Packaging materials not returned. Service calls.

Delivery & Pickup: Renter shall clean the rented items and if Simply Balloons agrees to pick up the item, renter shall make it available to Simply Balloons for pick up at a mutually agreed and convenient accessible location. Delivery and pickup shall be at the convenience of, and at the time designated by Simply Balloons. Renter agrees to pay a service charge for each extra delivery or pickup call required by Simply Balloons. 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: 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 possession of renter.

Site Preparation: Renter agrees to have site cleaned and ready for delivery and installation or dismantle 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. Renter agrees to ensure proper access to electricity for Marquee numbers within 10ft of where they are to be installed.

Permits & Licenses: Renter agrees prior to any installation of rental equipment 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 Simply Balloons for any additional costs incurred as a result of undisclosed or subsurface conditions.

Hold Harmless Agreement: Renter agrees all risk, and agrees to hold Simply Balloons 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, erection, installation, dismantling, and use of rented equipment. All necessary surface repairs. Any injury or damage during the use of rented equipment.

Damage Waiver: If you agree to the damage waiver charge as specified, subject to the limitations and exclusions below, Simply Balloons 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).