Party Palace Rentals 410-836-0085 Maryland's Party & Tent Rental Co.

Dear Renter: Please read entire contract (front and back) in order to receive all deposits. Damaged items must be returned to waive claim, as applied. TIME IS OF THE ESSENCE. If equipment does not work properly, notify us at once. Keep all equipment locked and guarded when not in use. All equipment returned dirty will be assessed a cleaning charge. Damage Waiver charge is mandatory on all equipment. WE SELL TIME-WE CHARGE FOR ALL TIME OUT INCLUDING SATURDAYS AND SUNDAYS-SAVE MONEY, RETURN EQUIPMENT PROMPTLY, CLEAN AND IN GOOD WORKING ORDER-ALL RENTALS ARE PAID IN ADVANCE, WE CHARGE FOR ALL CHANGES AND CANCELLATIONS. SEE PROVISION 21. LOADING AND UNLOADING GOODS IS THE RESPONSIBILITY OF THE RENTER. IF RENTAL CENTER’S EMPLOYEES ASSIST IN LOADING OR UNLOADING GOODS, RENTER AGREES TO ASSUME THE RISK AND AGREES RENTAL CENTER SHALL NOT BE LIABLE FOR DAMAGES OF ANY KIND WHATSOEVER. Renter is responsible for all equipment quantity counts upon receipt and return.

NOTICE: FAILURE, REFUSAL OR NEGLECT TO RETURN THE RENTAL EQUIPMENT PER THE CONTRACT AFTER THE RENTAL PERIOD HAS EXPIRED OR THE PRESENTING OF FALSE, FICTITIOUS OR MISLEADING INFORMATION OR IDENTIFICATION TO THE RENTAL CENTER SHALL BE PRIMA FACIE EVIDENCE OF AN INTENT TO COMMIT LARCENY.

Title and Ownership of the equipment rented, remains the sole and exclusive personal property of Party Palace Rentals, LLC. Renter shall have only the right to use the equipment in accordance with the terms and conditions of this agreement. Renter agrees not to remove any identification signs or markings that indicate the ownership of equipment rented. Renter agrees not to remove or cover-up markings without written consent. It is also agreed that the equipment rented, even thought it may be affixed or attached to real estate, remains personal property to Party Palace Rentals.

ADDITIONAL FEES WILL BE CHARGE TO YOUR ACCOUNT FOR UNFORSEEN OR UNEXPECTED ISSUES NOT PRESENTED TO THE RENTAL COMPANY. See provision 21.

1) INSPECTION: Renter acknowledges that he has had an opportunity to personally inspect the equipment, finds it suitable for his needs and in good condition, and that he understands its proper use. Instructions, if any, provided to Renter by Rental Center are merely suggestions and do not release Renter from obtaining proper instruction as to use of the equipment prior to attempted use. Renter further acknowledges his duty to inspect the equipment prior to use and notify Rental Center of any defects. IF EQUIPMENT DOES NOT WORK PROPERLY, NOTIFY Rental Center AT ONCE. Renter agrees to keep equipment locked or guarded when not in use.

2) RENTAL PERIOD:  Time is of the essence.  The rental period is for a maximum of 24 hours unless otherwise stated in the contract. Equipment rates are based on 8 hours per day, 40 hours per week. Rental charges begin and liability transfers from Rental Center to Renter immediately upon Renter leaving the premises of the Rental Center or upon the delivery of the equipment to the location indicated on the contract, whichever occurs first. Equipment must be returned to Rental Center by the “P/U-RETURN” date & time on the contract.

3) REPLACEMENT OF MALFUNCTIONING EQUIPMENT: If the equipment becomes unsafe or in disrepair as a result of normal use, Renter agrees to discontinue use and notify Rental Center immediately who will replace the equipment with similar equipment in good working order, if available. Rental Center is not responsible for any incidental or consequential damages caused by delays or otherwise.

4) WARRANTIES: THERE ARE NO WARRANTIES OF MERCHANT-ABILITY OR FITNESS, EITHER EXPRESS OR IMPLIED. There is no warranty that the equipment is suited for Renter’s intended use or that it is free from defects. Renter has rented the equipment on an “as is” basis.

5) HOLD HARMLESS AGREEMENT: Renter agrees to assume the risks of, indemnify, defend and hold Rental Center harmless for property damage, personal injuries, or other damages and losses claimed to have been caused by or arising out of the use of the equipment, instructions (if any) provided to Renter by Rental Center, and/or arising out of Rental Center’s negligence. Renter likewise agrees, at his sole cost and responsibility, to comply with all federal, state & locals laws regarding the use of the equipment, including needed permits.

6) PROHIBITED USES: Use of the equipment in the following circumstances is prohibited, and constitutes a breach of this contract: (a) use for illegal purpose or in illegal manner; (b) use when the equipment is in bad repair or is unsafe; (c) improper or unintended use or misuse; (d) use by anyone other than the Renter or his employees, without Rental Center’s written permission; (e) use at any location other than the address furnished Rental Center without Rental Center’s written permission (does not apply to mobile equipment); (f) abuse, misuse and/or negligent use of equipment.

7) ASSIGNMENTS, SUBLEASES AND LOANS OF EQUIPMENT:  Rental Center may assign his rights under this contract without Renter’s consent, but will remain bound by obligations herein. Renter may not assign, sublease or loan the equipment without Rental Center’s written permission. Any purported assignment by Renter is void.

8) TIME OF RETURN:  Renter’s right to possession terminates on the expiration of the rental period (“P/U-Return” date & time). Retention of the goods and/or equipment after this time constitutes a material breach of this contract. Time is of the essence. Any extension must be mutually agreed upon in writing.

9) LATE RETURN:  Renter agrees to return or make available the rented goods and/or equipment for pick up by Rental Center as stated in the contract upon the expiration of the rental period (“P/U-RETURN” date & time). Renter agrees that if the rented goods and/or equipment are held beyond the expiration of the rental period as designated in the contract, additional charges shall be assessed to Renter. Delays resulting from Rental Center not being able to access the equipment for pick up by Rental Center and due to no fault of the Rental Center, shall result in Renter being charged $50.00 per hour per man.

10) DIRTY, DAMAGED OR LOST EQUIPMENT:  Renter agrees to pay for any damage to or loss of the goods and/or equipment, as an insurer, regardless of cause, except reasonable wear and tear, while the goods and/or equipment are out of the possession of Rental Center. Renter also agrees to pay a reasonable cleaning charge for goods and/or equipment returned dirty. Accrued rental charges can not be applied against the purchase or cost of repair of damaged, lost or stolen goods and/or equipment. Goods and/or equipment lost, stolen or damaged beyond repair will be paid for by Renter to Rental Center at its current list price. The costs of repair shall be borne by Renter, whether performed by Rental Center, or, at Rental Center’s option, by another.

11) DEPOSIT: FORM AND TIME OF PAYMENT: Rental Center acknowledges receipt of a deposit as stated on the contract. Renter agrees the deposit is security for payment of the rental fee and other sums which may become due as a result of the contract. Acceptable forms of payment are: cash, money order, cashier’s check, bank check, credit card or pre-approved in-house account. Personal and business checks may be accepted with two forms of identification, one of which must be a photo id of the Renter. Accounts must be paid in full at least seven (7) days prior to the “EVENT DAY, DATE & EVENT TIME” (“Event date’) or delivery date, whichever occurs first. Additional charges which may have accumulated thereafter are due at time of termination of the rental period. Renter agrees any deposit paid shall be directly applied to any balance outstanding without further notice to Renter.

12) CANCELLATION POLICY:  As of the date of the contract, 50% of the entire contract is due and non-refundable. If Renter cancels seven (7) days or less before the Event date or the delivery date, whichever occurs first, 100% of the entire rental fee is due and non-refundable. Rental Center is not responsible for nor obligated to refund any portion of the contract rental fee due to inclement or severe weather. However, if Rental Center cancels due to severe weather, Rental Center shall refund part or all of the deposit paid to the renter.

13) COLLECTION COSTS:   Any account not paid when due shall incur a carrying charge of 1.5% per month (ANNUAL RATE of 18%). Renter agrees to pay all costs of collection including but not limited to court fees and other expenses involved in the collection of the charges/enforcement of Rental Center’s rights under this contract. Renter shall be assessed Attorneys Fees of 30% of the entire amount due and owing for any matter referred to an attorney.

14) REPOSSESSION:  Upon a failure to pay rent, return the goods and/or equipment at the expiration of the rental period or other breach of this contract, Rental Center may terminate this contract and take immediate possession of and remove the goods and/or equipment from wherever they may be located or, at Rental Center’s election, charge Renter the replacement value of the equipment. Upon breach (of the rental period) of the contract, Renter gives Rental Center the right of entry to his property for the purpose of retrieving the goods and/or equipment and Rental Center and/or his agents shall not be liable for any claims for damage, loss or trespassing arising out of the removal of the goods and/or equipment.

15) DAMAGE WAIVER: A minimum of a 10% Damage Waiver (“damage waiver”) shall be assessed to the Renter for any damage to the rented equipment while the equipment is out of the possession of Rental Center. The Damage Waiver is mandatory and is not insurance. In the event of accidental damage to equipment, and provided Damage Waiver is paid and immediate notification of damage is made to Rental Center by Renter, Rental Center will  waive any claim it may have against Renter ONLY for the actual damage to the equipment while it was/is in the possession of the Renter. (There is no waiver for personal injury or other damage, injury or loss claimed by the Renter or a third party(s) not specifically stated hereinabove.)  

16) NO WAIVER BY RENTAL CENTER:  The failure of the Rental Center to exercise any one or more provision or right shall not be construed to be a waiver of any future/subsequent provision, condition or right, and the same shall remain in full force and effect.

17) INSPECTION OF TRAILER HITCH:  Renter agrees to inspect the trailer coupling mechanism and safety chain before leaving Rental Center’s premises. Renter also agrees to inspect the equipment periodically (every 100 miles) and to maintain the coupling and chain in a safe condition.

18) DAMAGE TO BUMPERS:  Rental Center is not liable for damage to Renter’s bumper or vehicle done by detachable hitches, towbars or other detachable equipment.

19) ENTIRE AGREEMENT, BINDING NATURE: Renter agrees this contract is the entire agreement between Renter and Rental Center. No modification, alteration or termination of the contract may occur without prior written consent of Rental Center. This contract shall be construed under the laws of the State of Maryland. Renter consents to the personal jurisdiction of the State of Maryland. Further, this contract shall be binding upon and inure to the benefit of the heirs, personal representatives, successors and assigns of Renter and Rental Center. Rental Center is not liable for, nor warrants the execution or transfer of contract documents, to and from Rental Center or Renter. All liability and obligations of Renter shall be joint, individual and several. All words used herein are to be construed to give their reasonable meaning, the singular shall be deemed to be plural, and the masculine gender shall be applicable to the female gender, as applies.

20) SEVERABILITY:  The provisions in this contract shall be severable so that invalidity, unenforceability or waiver of any provisions shall not affect the remaining provisions. No provision of this contract is to be interpreted for or against any party because that party or that party’s legal representative drafted the provision.

21) ADDITIONAL FEES: Additional cost will be paid by the renter for the following: crew waiting for renter or renter’s representative to sign contract, searching for contact person, crew waiting to execute order, extended travel distance, transporting equipment to other then ground level areas, providing additional equipment and labor to install, relocating equipment from original site location, searching for equipment upon pick-up, obstructions inhibiting installation of equipment. TIME IS MONEY. PLEASE DON’T DELAY.

22) DELIVERIES: Renter Center makes no guarantee of delivery of equipment what-so-ever. Due to the nature of weather, mechanical failure of equipment or delivery equipment, traffic delays, employee absence, accidents, security clearance or check points, or any act of God. Rental Center will make every attempt to execute the delivery and pick-up within the reasonable time-frame that is expected under normal business operations.

· MINIMUM RATE: The minimum man-hour rate is $50.00. This does not include delivery charges.

· CHARGE: Set-up charge is determined on the equipment that is rented, the number of pieces being set-up, and the amount of time that is incurred to set up each piece of equipment. Some set-up items have predetermined minimal set-up rates. Customer must contact Party Palace Rentals, LLC for specific rates to each piece of equipment and or service.

· SERVICE: Set-up service includes: equipment placed, erected, and positioned in a suitable displayed area satisfactory to the renter. The disassembling and removal of equipment is part of the set-up charge.

· LOCATION: If Party Palace Rentals, LLC deems that the location of the area where the equipment is being used and being set-up by Party Palace Rentals, LLC, an additional service charge will be charged to the customer. It is in the best interest of the customer to advise Party Palace Rentals, LLC that the labor involved to transfer the equipment from the truck to the site area could be deem as unreasonable and the customer may incur an additional labor charge.

· EQUIPMENT INSPECTION: Renter has the right to inspect all equipment prior to set-up. Once the renter or the renters’ designee has initialed or signed off, that the equipment has been inspected, set-up or erected, the rental contract of the equipment will commence. If for any reason the renter is not satisfied with the equipment prior to signing off; the renter must notify Party Palace Rentals, LLC at once. All equipment will be set up at the location that the renter requests. Equipment will be assembled and ready for use for the renter’s event.