Party Rental Contract/Terms and Conditions

1.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 indemnify, defend and hold harmless Apex Party Rentals & Services 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 gross negligence or willful misconduct of Apex Party Rentals & Services.

2.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 and hereby elects to voluntarily enter into this rental agreement and assume all of the above risks or injury. Customer agrees to release and discharge Apex Party Rentals & Services from any and all responsibility or liability from such injury or damage against Apex Party Rentals & Services which customer otherwise may be entitled to assert.

3.OPERATORS. No operators are furnished, directly or indirectly with our rental items.

4.RECEIPT/INSPECTION OF RENTAL ITEMS. Customer hires the rental items on an “as is” basis. Customer acknowledges that he has, or will, personally inspect the rental items prior to use and finds the items suitable for customers’ needs. Customer acknowledges receipt of all items listed in the Rental Agreement and that the rental items are in good working order and repair and that the Customer understands (without further instructions) the proper operation and use of items.

5.POSSESSION/TITLE. Customers right to possession of the rental items begins upon the rental items leaving Apex Party Rentals & Services and terminates on the Agreed Return Date indicated on the front of this Rental Agreement. Retention of possession after this date constitutes a material breach of this Rental Agreement. Time is the essence of this Rental Agreement. Any extension of this Rental Agreement must be agreed upon in writing. Title to the rental items is and shall remain with Apex Party Rentals & Services. If the rental items are not retuned and/or levied upon for any reason whatsoever, Apex Party Rentals & Services may retake said items without further notice or legal process and use whatever force is reasonably necessary to do so. Customer hereby agrees to indemnify, defend and hold Apex Party Rentals & Services harmless for any and all claims and costs arising from such retaking and/or levy. If rental items are levied upon, Customer shall notify Apex Party Rentals & Services immediately.

6.RENTAL PERIOD/RATE/PAYMENT. If customer makes greater use of the rental items than agreed upon, it is agreed that an appropriate fee for the additional usage will be charged. Apex Party Rentals & Services may terminate rental at any time and retake the rental items without further notice, in case of violation by Customer of any terms or conditions of this Rental Agreement. Customer agrees to pay any collection of this account or any dispute arising out of this Rental Agreement. Customer agrees to pay a monthly service charge for all unpaid balances.

7.PROPER CARE. Customer shall be responsible for all damage to rental items. Damage includes, but is not limited to: damage due to overturning, overloading or exceeding rated capacities; breakage; improper use; abuse; excessive heat; lack of cleaning; dirtying of rental items by paint, mud, plaster, concrete, rosin or any other material.

8.COMPLIANCE WITH LAW/USE RENTAL ITEMS. Customer agrees not to use or allow anyone to use the rental items in any illegal manner. Customer agrees at his sole cost and expense to comply with all municipal, county, 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 government agencies. If permits or licenses are denied for any reason, Customer is still responsible for all financial and other obligations pursuant of this Agreement to Apex Party Rentals & Services or its subcontractors. Customer shall not allow any person who is not qualified or who has not received and understands the safety and operating instructions or who does not utilize all safety equipment required to operate the rental items to use the rental items. Customer acknowledges that Apex Party Rentals & Services has no responsibility to inspect the rental items while they are in the Customer’s possession.

9.RETURN OF RENTAL ITEMS. Customer agrees to return to Apex Party Rentals & Services the rental items in good condition as when received by agreed Return Date. Customer shall be liable for all damages to or loss of the rental items and liability incurred prior to rental items return to Apex Party Rentals & Services. Customer shall be responsible for all costs incurred by Apex Party Rentals & Services recovering and returning damaged rental items to Apex Party Rentals & Services’ premises. If the rental items are to be “picked up” by Apex Party Rentals & Services, Customer agrees to provide a secure storage location and Customer accepts all risk including damage to and liability relative to rental items for a reasonable period of time until the rental items are picked up by Apex Party Rentals & Services. Also, in absence of teardown fee paid during booking process of the rental items, the customer should teardown the item/s for pick-up of the drivers. Failure to teardown rental items will result to teardown fee which will be charged on the card on file (applicable for delivery items).

10.DISCLAIMER OF WARRANTS. Apex Party Rentals & Services makes no warranty of merchantability or fitness for any particular use or purpose, either expressed or implied. There is no warranty or representation that the rental items are fit for customers particular intended use or that is free of latent defects. Apex Party Rentals & Services shall not be responsible to customers or any third party for any loss, damage or injury resulting from, or in any way attributable to the operation of, use of or any failure of the rental items. Apex Party Rentals & Services shall not be responsible for any defect or failure unknown to Apex Party Rentals & Services. The customer’s remedy for any failure of or defect in the rental items shall be termination of the rental charges at the time of failure, provided that the customer notifies Apex Party Rentals & Services immediately of such failure and returns the rental items to Apex Party Rentals & Services within twenty-four (24) hours of such failure. If Apex Party Rentals & Services determines that rental items are working properly, with no defects, no adjustments will be made to the rental fee charged to customer.

11.SUB-RENTAL/LOCATION OF RENTAL ITEMS. Customer agrees not to sublet, loan or assign the rental items from the address at which Customer represented they were used.

12.DEFAULT. Should customer in any way fail to observe or comply with any provision of this Rental Agreement, Apex Party Rentals & Services may, at its sole discretion, terminate this Rental Agreement, retake the rental items, declare any charges due and payable and initiate legal process to recover monies owned.

13.RETAKING OF RENTAL ITEMS. If for any reason it becomes necessary for Apex Party Rentals & Services to retake the rental items, Customer authorizes Apex Party Rentals & Services to retake rental items without notice or further legal process and agrees that Apex Party Rentals & Services shall not be liable for any claims for damage or trespass arising out of the removal of the rental items.

14.LEGAL FEES. In the event an attorney is retained to enforce a provision of this Rental Agreement, and the prevailing party in the dispute is determined to be Apex Party Rentals & Services, customer shall entitle Apex Party Rentals & Services to recover reasonable attorney’s fees and court costs in such action or proceeding in an amount to be determined by the court.

15.DAMAGE WAIVER PLAN. The Damage Waiver Plan is NOT insurance. By Customer accepting the “Damage Waiver Plan” of this rental agreement and with immediate notification in the event of any accident and the prompt submission of applicable police reports, Apex Party Rentals & Services and Customer agree that Apex Party Rentals & Services will waive any claim against Customer for direct accidental physical damage to the rental item while in use by the Customer. If Customer has insurance covering such loss or damage, the Damage Waiver Plan becomes secondary and Customer shall exercise all rights available to him under said insurance and take all action necessary to process said claim. Customer further agrees to assign said claim and any and all proceeds from such insurance to Apex Party Rentals & Services. Upon request of Apex Party Rentals & Services, Customer shall fully cooperate with Apex Party Rentals & Services and furnish the name of the insurance agent, insurance company and complete information concerning insurance coverage carried. Acceptance of the Damage Waiver Plan requires payment of the specified fee. Not withstanding the foregoing following conditions are not covered under the Damage Waiver Plan: (a) Any rental items or part thereof, which is not returned for whatever reason including theft. (b) Damage resulting from improper use, improper storage, failure to secure during transportation, overloading or exceeding the rated capacity of the rental items. (c) Damage to motors or other electrical appliances or devices caused by artificial current. (d) Damage as a result of vandalism or malicious mischief or intentional abuse. (e) Damage resulting from fire or excessive heat, misuse, abuse, failure to maintain, cleanliness, lack of lubrication, hydration or other normal servicing of rental items. (f) All damage resulting from misuse from overturning. (g) All damage resulting from use of the rental items in violation of any provision of this Rental Agreement, violation of any law, ordinance or regulation. The Damage Waiver Plan will be included on all orders.

16.PAYMENT FOR LOSS OR DAMAGE. Customer will be totally responsible for all lost and/or damaged rental items. Item returns are subject to inspection for damage and count verification by Apex Party Rentals & Services on site or at Apex Party Rentals & Services warehouse location. Customer will be advised of discrepancies within 48 hours of pick up or customer drop off. Damaged items will be held for seven days for customers to inspect. Customer authorizes Apex Party Rentals & Services to charge credit card on file or will provide payment in full upon demand from Apex Party Rentals & Services for any and all damages resulting from rental item(s) loss or damage to Apex Party Rentals & Services property while in possession of Customer. Lost or damaged items will be billed at replacement cost. Repairable items will be billed at repair plus labor costs

17.NOTICE OF NON-WAIVER/SEVERABILITY. Any failure of Apex Party Rentals & Services to insist upon strict performance by Customer in regard to any provision of this Rental Agreement shall not be interpreted as a waiver of Apex Party Rentals & Services’ right to demand strict compliance with all other provisions of this Rental Agreement or shall be severable so that the enforceability, invalidity or waiver of any provision shall not affect any other provisions.

18.TERMS & CONDITIONS OF SALE. (Applies only to items sold, not rented.) Customer acknowledges that Apex Party Rentals & Services makes no warranties, expressed or implied, to any matter whatsoever, including, and without limitation, the condition of the items, their merchantability or their fitness for any particular purpose. If the items being sold are used equipment, they are being sold on an “As Is” basis.

19.MOVING OF NON-RENTAL ITEMS. Apex Party Rentals & Services is not liable for any damage arising from customer-requested moving of non-rental items, including, but not limited to, furniture, vehicles, plants, lights, etc.

20.MARKING UNDERGROUND UTILITIES. Customers are solely responsible for marking all underground utilities and obstacles, including but not limited to gas, electrical, water, irrigation, plumbing and landscaping prior to the arrival of Apex Party Rentals & Services when delivering and set up of rental items requiring digging and staking is involved. Apex Party Rentals & Services staff will exercise caution during installation but will not be responsible for any damages or repairs to customer and/or site property.

21.Late Charges. A late charge of 1 1/2% per day, not to exceed the maximum allowable by law, on all charges not paid within 30 days after the end of the Rental Period.

22.Taxes. The taxes, fees and other mandatory charges imposed by states, counties and other governmental authorities.

23.Collection. All expenses incurred by Owner in the collection of amounts due Owner under this Agreement or in regaining possession of rental items or in enforcing any term or condition of this Agreement, including attorneys’ fees, Owner’s administrative fees, and any other costs or expenses incurred by Owner.

24.Payment AUTHORIZES. IF A CREDIT CARD OR DEBIT CARD HAS BEEN PRESENTED AS A MEANS OF PAYMENT, DEPOSIT OR SECURITY, RENTER AUTHORIZES OWNER TO SUBMIT FOR PAYMENT ON SUCH CARD(S) ALL AMOUNTS OWED UNDER THIS AGREEMENT INCLUDING IF ANY THIRD PARTY TO WHOM A BILLING WAS DIRECTED REFUSES TO MAKE PAYMENT. IN THE EVENT OWNER INITIATES ANY CHARGE TO SUCH CARD(S) THAT IS DISHONORED FOR ANY REASON, RENTER AUTHORIZES OWNER TO RE-INITIATE SUCH CHARGE WITHOUT. All charges are subject to final audit by Owner.

25.Cancellation Policy and No Refunds: If customer decides to cancel your rental, or weather prohibits installation we do not issue refunds for any reason but will hold your funds as a rain-check which is valid for 1 year to be used anytime customer wishes starting the day after your original event date. All deposits are non-refundable even if related to Covid-19 or any other disaster. There are no refunds on any “unused” equipment. customer have 14 days to reschedule your event, after the 14 days have passed your funds will be an in-store credit that customer can apply to future events for 1 year to be used anytime customer wishes starting the day after your original event date. No store credit or refund if event is canceled in a 48 hour of beginning of delivery window or if items are loaded on the truck on delivered.

26.Full Payment Before Delivery. The customer must provide Apex Party Rentals & Services with final payment at least 3 business days prior to your delivery date. No orders will be scheduled for delivery until full payment is received. An order is considered complete three business days before the scheduled delivery.

27.Mutual Respect. Apex Party Rentals & Services is dedicated in maintaining high standards to its employees, and we won't think twice about disciplining workers who show any disrespectful gestures towards Apex Party Rentals & Services' clients. In light of this, Apex Party Rentals & Services must also ensure that all customers respect our staff as well. Customers agree to treat all Apex Party Rentals & Services representative/s with respect, failure to observe the generally acceptable respect standard, customer understands that our representative/s will step out and halt accommodating him/her until the situation has deescalated. Any delays which resulted during the process of de-escalation will not be taken against Apex Party Rentals & Services representative/s and therefore the company shall not be held liable to any effects of the customer’s failure to observe the mutual respect clause of this contract.