Finalize Contract

Terms and Conditions:

1. Safety/Operating instructions:

In addition to the information set forth in this agreement, customer acknowledges that there are safety and operating instructions on the equipment delivered and agrees to read those instructions and operate the equipment, or allow the equipment to be operated or used, in accordance with those instructions. Customer further acknowledges and understands that Empire Party Rentals Mass has not agreed to nor have they provided any operators with this rented equipment, and that customer, is solely responsible for the correct and safe operation of this equipment. Customer further agrees to keep all equipment away from swimming pool(s) and any water supply and customer understands and agrees that they will not operate any electrical equipment near water. By entering into this agreement, Customer acknowledges that there is a risk of injury or damage arising out of the use of this equipment. Customer voluntarily agrees to keep and maintain all safety rules for the correct, safe operation and installation and use of all equipment, and to assume any and all risk of injury or damage. in particular, customer will not permit the equipment to be operated by anyone who is not fully qualified and who has not received instruction from customer on the safe operation and use of the equipment, nor shall customer allow any person to use or operate the Equipment when it is in need of repair or when it is in an unsafe condition or situation.

2. General Release/indemnity/Hold Harmless:

Customer will take all necessary precautions regarding the items rented, and protect all persons and property from injury or damage. Customer acknowledges that they are in charge of the operation, installation and use of the Rental Equipment, and are fully responsible for its safe operation and installation as well as the return of the Rental Equipment in good working order. Customer acknowledges and agrees that Lessor is not responsible for any injury occurring to Customer, or any guests of Customer or to any other persons using the Rental Equipment, or to any claims by any other person(s) injured by or on account of the Rental Equipment, while the equipment is in the possession of the Customer. Customer agrees to defend, indemnify and hold harmless Lessor 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/or damage to property, whether or not such claimant is known or unknown to Customer, which arises out of the use, maintenance, installation, operation, instruction, possession, or rental of any of the Rental Equipment, however caused, but with such claim arising while or such injury or damage occurring while such Rental Equipment is in the actual or constructive possession of Customer. These General Release, indemnity and Hold Harmless provisions apply to, but are not limited to, any injury, death, damage, claim or liability which may arise on account of the negligence, whether adive or passive, of Lessor or Lessor's suppliers, agents, employees, contractors, drivers or installers. Customer further acknowledges that Lessor is not a food supplier or handler, and that any food related items, such as popcorn, which may be supplied with the Rental Equipment, is a straight pass through by Lessor to Customer. Since this additional service is provided to Customer as a courtesy by Lessor and so long as lessor advises Customer, in writing, after Customer requests, with the name and address of the supplier of any specific item, Customer specifically agrees to waive and release, indemnify and hold Lessor harmless from and against any and all claims of whatever kind or nature arising out of or involved with the food items supplied.

2a. Damage Wavier Fee:

All rental equipment can be fully covered by purchasing the Damage Wavier. By purchasing Damage Wavier the “Customer” is free of any responsibility obtaining to any damage to rental equipment. Damage Wavier Fee will be 8% of the rental order (on selected items) and a fixed price (on selected Items).

ADDITIONAL TERMS AND CONDITIONS

In consideration of the hiring of that certain Rental Equipment described on the first page of this Rental Agreement and General Release and in addition to all of the terms and conditions set forth on the front side of this agreement, the parties do further agree as follows:

3. Identities of parties:

For the purposes of this Rental Agreement and General Release, "Lessor” or "Empire Party Rentals Mass" shall mean “Empire Party Rentals Mass", its owners, officers, directors, shareholders, employees, contractors, agents and "Customer shall mean the person(s) or company listed in the 'ordered by" and/or "customer boxes on the front side of this agreement, as well as the person signing the agreement (if different), and their agents and/or employees.

4. Equipment, Rent, Payment, and Term of Rental Agreement:

Customer rents from "Empire Party Rentals Mass", as Lessor, that certain equipment described on the front side of this Agreement. The rental fee set forth is payable, in full, in advance, and the rental term shall be that listed as "RENTAL PERIOD" on the front side of this Agreement, but all of Customer/s obligations arising under the terms and conditions of this Rental Agreement shall run from actual delivery of the Rental Equipment to the actual pick up of the Rental Equipment by Lessor. Lessor cannot guarantee weather conditions, and if the Equipment is delivered by Lessor and accepted by Customer, then Customer shall not be entitled to any refund whatsoever if weather conditions prohibits safe use of the Equipment, or if Customer otherwise elects not to use the Equipment due to weather or other causes.

5. Delivery:

 All events requiring delivery will be charged a minimum fee of $50. Deliveries are made between 7:00AM - 1:00PM. Pickups are made between 6:00PM - 9:00PM. Any customers requiring special delivery times will be charged an additional fee. Tolls require an additional fee. Any deliveries with special obstacles or unusual circumstances will be charged an additional fee. Please allow up to 2 additional hours for Pick Up. Any missed deliveries will incur an additional delivery fee. Delivery requires a $100 minimum purchase (before taxes and delivery fee).

6. Receipt inspection of Rental Equipment:

Customer hires the Rental Equipment on an "as is" basis. Customer acknowledges that Customer has inspected the installation of the rental equipment and will personally inspect the rental items prior to its use, and will read the operating/safety instructions prior to use. Customer specifically agrees that such rental items will not be used if Customer finds that it is not suitable for Customer/s needs. Customer acknowledges receipt of all items listed in this Rental Agreement, and that they are in good working order.

7. Possession/Tilter

Customers right to possession of the Rental Equipment begins upon the items being delivered to Customers premises and terminates on the actual pick up by Lessor. Retention of possession, or any failure to permit the pick up of the item(s) at or after the end of the 'Rental Period' specified constitutes a material breach of this Agreement. In the event that the Equipment is not returned for any reason, including theft, the Customer is obligated to pay to Lessor the full replacement value for such Equipment as listed on the front side of the Agreement, plus any and all incidental costs associated with the attempted pick up or recovery of the Equipment by Lessor. Title to the rental items is and shall remain in Lessor. Customer agrees to keep the Rental Equipment in his/her/their custody and control from the time of Lessor/s delivery of the items, until Lessor picks up such items. Customer shall not cause nor permit these items, or any of them , to be sublet, rented, sold, or removed from the Delivery Address, or otherwise transfer such items. lf rental items are not returned and/or levied upon for any reason whatsoever, Lessor may retake possession of 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 Lessor harmless from any and all claims and costs arising from such retaking and/or levy. lf rental items are levied upon, or otherwise moved from Delivery Address, Customer shall notify Lessor immediately.

8. Limited Warranty:

Lessor warrants that the Rental Equipment leased under this Agreement will be in good working order when delivered under this Agreement. All equipment is supplied and maintained subject solely to this warranty. Lessor's sole and exclusive obligations under this warranty is limited to repair or replacement of the rental equipment when Lessor determines that it does not conform to this warranty. Lessor makes no warranty of merchantability or fitness for any particular use or purpose! either express or implied. There is no warranty or representation that the rental equipment is fit for Customer's particular intended use, or that it is free of latent defects. Lessor shall not be responsible to Customer or to any third party for any loss, damage, or injury resulting from, or in any way attributable to the operation of, installation of, use of. or any failure of the rental equipment Lessor shall not be responsible for any defect or failure unknown to Lessor at the time of delivery.

9. Compliance with Laws:

Customer agrees not to use or allow anyone to use the rental equipment for any illegal purpose or in any illegal manner or in an unsafe manner. Customer agrees at his/her/their sole cost and expense to comply with all municipal, county, state, federal or other governmental or quasi-govemmental laws, ordinances and/or regulations which may apply to the use of the rental equipment during the rental period. Customer further agrees to pay all licenses, fines, fees, permits, or taxes arising from Customer's use of the rental equipment including any subsequently determined to be due. Customer is solely responsible for obtaining any all permits and/or licenses from the appropriate government agencies prior to use.

10. Legal Fees:

In the event that an attorney is retained to enforce any provision of the Agreement, the prevailing party shall be entitled to recover reasonable attorney fees and court costs in such action or proceeding, n an amount to be determined by the court or arbitrator.

11, Customer Acknowledgment:

Customer acknowledges and certifies that they have had a sufficient opportunity to read this entire Agreement, and agree to be bound by all the terms and conditions on both sides and that they understand its content and that they execute it freely, intelligently and without duress of any kind.

12. Sever ability:

If any of the terms or conditions of this Agreement are found to be unenforceable, illegal or unconscionable by a court of competent jurisdiction, such item shall be stricken from this Agreement, and the remaining terms and conditions of this Agreement shall stay in full force and effect.

13. Refund Policy:

 No Refunds will be issued under NO circumstances. Deposits are Non-Refundable. In case of Bad weather Empire Party Rentals Mass will issue the Customer a store credit up to 365 days from the date of their original event. 

Rain/Severe Weather Policy: An Empire Party Rentals Mass representative will contact you to re-confirm your reservation 1 to 2 days prior to your event. At that time we will discuss the upcoming weather forecast. If it is very apparent at that time that your event will be interrupted by rain, you will be given an opportunity to reschedule with a store credit that will be valid for 365 days from the date of your event. If the weather is questionable on the day of your event, together we will make the safest decision possible, prior to the delivery of your rental items. If it starts raining during your event, unfortunately we are not able to offer you the opportunity to reschedule or any type of discounts or credits for future services.

Cancellation Policy: Absolutely no cancellations, should you decide to cancel there will be "NO REFUNDS" under any circumstances.

Payment Policy: Full payment is required within 48hrs of your party date.

Deposit Policy: 50% deposit is required for reservation of our units or services. We accept E-checks and all major credit cards.

Security Deposit: Will be returned to customers within 24 – 48hrs after an EPRM representative has inspected your unit for damages or filthiness.

Confidentially: WE ARE COMMITTED TO PROTECTING YOUR PRIVACY AND WILL NOT SELL, SHARE OR RENT YOUR PERSONAL INFORMATION TO ANY THIRD PARTY OR USE YOUR EMAIL FOR SOLICITED MAIL.

Machine Policy: $25.00 cleaning fee will apply per machine returned unclean. (The above machine policy applies to the popcorn, snow cone, and cotton candy machine.)

Bounce House Policy: $100.00 cleaning fee will apply per bounce house returned unclean . No silly string allowed

Grill Policy: $50.00 cleaning fee will apply per grill returned unclean.

OVERNIGHT RENTALS:

Lessee understands and acknowledges that the blower is to be removed from the Inflatable device and locked up in a secure location overnight. 

 I hereby acknowledge and understand this agreement as a legal and binding contract. I have read all of the above safety rules and policies and with my signature agree to abide by them completely.

                                                     I HAVE READ THIS CONTRACT AND AGREE & UNDERSTAND THE CONTENT.