Rental Agreement

RENTAL ITEMS

Rental items may include, but are not limited to:

• Backdrops and panels
• Balloon stands and frames
• Bases, weights, and supports
• Marquee Numbers 
• Any other equipment provided by Simply Balloons for event use (“Rental Items”)

All Rental Items remain the sole property of Simply Balloons at all times.

RENTAL PERIOD

The standard rental period is up to five (5) business days beginning the day after the scheduled event unless otherwise agreed in writing.

All Rental Items must be returned no later than the end of the 5-business-day rental period.

Failure to return items within the rental period constitutes unauthorized continued possession and may result in replacement billing.

RESPONSIBILITY AND USE DISCLAIMER AND 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 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. 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 RESPONSIBILTY

 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 that are returned dirty.

RETURN OPTIONS

A. Client Return (Default Option)

If no pickup fee is paid, Client is solely responsible for returning all Rental Items to Simply Balloons’ designated office within the 5-business-day rental period.

Simply Balloons is not responsible for items lost or damaged during return transport by Client.

Failure to return items within the rental period constitutes unauthorized continued possession and may result in replacement billing.

B. Company Pickup (If scheduled)

If Client schedules a pickup time with Simply Balloons:

• Client must ensure all Rental Items are fully accessible, disassembled (if applicable), and ready for load-out at the scheduled time.
• If Simply Balloons arrives at the agreed time and is unable to complete pickup due to:
• lack of access,
• items not being ready,
• event space restrictions,
• or Client unavailability,

the pickup will be considered unsuccessful.

In such cases, Client assumes full responsibility for returning all Rental Items to Simply Balloons’ office within the remaining rental period. If items are not returned within 5 business days, replacement charges will apply.

ADDITIONAL DELIVERY / PICKUP ATTEMPTS

In the event that Simply Balloons arrives at the scheduled delivery or pickup time and is unable to complete the service due to circumstances on the Client’s side, including but not limited to lack of access, incorrect or incomplete information provided, event space restrictions, items not being ready for load-out, or Client unavailability, the attempt will be considered unsuccessful.

Client agrees that any second or additional delivery or pickup attempt required as a result will incur an additional service fee.

This fee will be billed to the payment method on file and must be paid prior to any rescheduled delivery or pickup.

Simply Balloons is not responsible for delays or additional costs caused by unsuccessful initial attempts.

Fees are considered earned upon attempted service arrival and are non-refundable once the attempt has been made.

CANCELATION FEE 

Renter agrees that cancellation fees represent a reasonable estimate of administrative costs, scheduling loss, and reserved inventory and are not a penalty.

• Cancellations at any time: 25% of total rental order
• Cancellations within 5 days of scheduled date: 50% of total rental order (including restocking and lost booking opportunity costs)

SITE PREPERATION

Renter agrees to have site cleaned and ready for delivery and installation and 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 AND LICENSES

 Renter agrees prior to any installation of rental equipment to obtain at renters’ expense, 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 because of undisclosed or subsurface conditions.

HOLD HARMLESS AGREEMENT

Renter agrees to all risks and agrees to hold Simply Balloons and any of its staff harmless from and against all claims, losses, liabilities, and damages, costs and expenses arising directly and indirectly at or relating to; 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.

CREDIT CARD AUTHORIZATION

Client authorizes Simply Balloons to securely store a valid payment method on file through a PCI-DSS compliant payment processor (including Square) and to charge said payment method without further notice for any amounts due under this agreement.

Client expressly agrees that this authorization includes, but is not limited to:

• Rental fees and deposits
• Damage, repair, or replacement costs
• Cleaning fees
• Late return charges
• Cancellation fees
• Additional delivery or pickup attempts due to unsuccessful service attempts
• Any other outstanding balances related to this agreement

Client acknowledges that Simply Balloons does not store full credit card numbers or CVV information and that all payment processing is handled securely through a third-party PCI-compliant provider.

AGREEMENT ACCEPTANCE

By paying a deposit, signing a contract, or accepting services, Client acknowledges that they have read, understood, and agree to all terms outlined in this Rental Agreement.

COLLECTION AND LEGAL FEES

In the event of non-payment, dispute, or breach of this agreement, Client agrees to be responsible for all reasonable collection costs, attorney fees, and court costs incurred by Simply Balloons in enforcing this agreement.