SEVERABILITY

The provider of this rental contract shall be severable, so that the unenforceability or waiver of the provisions shall not affect the remaining provisions.

RESPONSIBILITY OF USE & DISCLAIMER OF 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 Fiesta Duo Party Rentals LLC harmless from and hereby release Fiesta Duo Party Rentals LLC from, any and 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 Fiesta Duo Party Rentals LLC’s negligence, from the defective condition of the items, or any other cause.

YOU AGREE THAT NO WARRANTIES EXPRESSED OR IMPLIED, INCLUDING MERCHANTABILITY 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 Fiesta Duo Party Rentals LLC of the facts. Fiesta Duo Party Rentals LLC agrees at our discretion to make the items operable within a reasonable time, or provide a like item if available, or make a like item available at another time, or adjust rental charges. This provision does not relieve renter from obligations of contract. In all events Fiesta Duo Party Rentals LLC shall not be responsible for injury or damage resulting from failure or defect of rented items.

USE OF EQUIPMENT

Renter agrees & covenants to be satisfied with the instruction and condition of equipment rented and of the proper and safe use of equipment, or that renter is so familiar and conveyed to Fiesta Duo Party Rentals LLC you were. Renter further agrees that the items will be used only 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.

TIME OF RETURN

Renter’s right of possession terminates upon the expiration of the rental period set forth on 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 Fiesta Duo Party Rentals LLC 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 under this contract in advance, provided however that all foregoing shall not limit the amount 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 ten (10) days of the due date, Fiesta Duo Party Rentals LLC at our discretion may re-calculate rental charges on a daily basis and charge credit card on file. Renter shall pay in addition to any other amounts payable hereunder, a service charge of 2.0% per month on all past due accounts.

There will be a $35.00 charge on any returned checks for any reason.

ADDITIONAL CHARGES

In addition to other charges and costs provided herein, renter shall pay charges in accordance with company rates for the following services:
• Delivery or Pickup
• Delivery or Pickup from any location other than ground level
• Setup/Knock Down of Tables and Chairs
• Delivery/Pickup after business hours, Saturdays, Sundays, and Holidays
• Packaging materials not returned
• Service calls
• Site planning and preparation
• Business check-in/Safety videos
• Last minute, rush orders
• Extreme weather conditions
• Delivery/Pickup occurring within a specific timeframe
• Removal of equipment not completed by customer before pickup

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 the possession of the renter

INSURANCE

Renter shall maintain, at renter’s expense, liability, property and casualty insurance coverage in amount sufficient to fully protect Fiesta Duo Party Rentals LLC and its equipment against any and all claims, loss, or damage of whatever nature or type.

SITE PREPARATION

Renter agrees to have site clean and ready for delivery and installation or dismantled for pickup of the equipment, and also agrees to pay an additional charge for any delay incurred along with any labor charges resulting in renter’s failure to do so.

PERMITS & LICENSES

Renter agrees prior to any installation of rental equipment including tents, to obtain at renter’s 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 Fiesta Duo Party Rentals LLC for any additional costs incurred as a result of undisclosed or subsurface conditions resulting in additional cost to us.

HOLD HARMLESS AGREEMENT

Renter agrees to assume all risk and agrees to hold Fiesta Duo Party Rentals LLC and any of its staff harmless from and against any and all claims, losses, liabilities, and damage, and all costs and expenses arising directly or indirectly out of or relating to:
• The delivery, loading, unloading, erection, installation, dismantling, and use of rented equipment
• Contact of underground utilities, pipes, or any condition on renter’s property
• All necessary surface repairs
• Any injury or damage during use of rented equipment including inflatables and interactives

PAYMENT

All orders are to be PAID IN FULL before the time of delivery or customer pick-up. Accepted payment methods are Cash, Visa, Discover, MasterCard, and American Express. Items will not be delivered or released unless total is paid in full and we have received a signed rental contract. NO EXCEPTIONS. If payment is not made before Wednesday of the event week, the remaining balance will be placed on the credit card on file. Credit card must be placed on file regardless of payment method. Personal checks are not accepted. Delivery personnel will not accept payment.

PRICING

Pricing is subject to change without notice. Prices represented on price list represent a one-day rental period, which includes customer pick-up/delivery the day before the event, keeping the items for the day of the rental, and customer return/pick-up on the day after the event. Extended rental periods require special rates.

CANCELLATION POLICY

Upon confirmation of a rental order, the customer must give a deposit to reserve the order. If customer cancels prior to event, it must be done 14 days prior to the event date (6 weeks for tents). If canceled within those periods, Fiesta Duo Party Rentals LLC will retain 50% cost of canceled items. Customer may move rental date within 12 months, subject to availability.

DELIVERY / PICK-UP

Delivery and pick-up are available at an additional charge. Specific delivery times are not guaranteed. Customer is responsible for equipment from time of delivery until pickup. Normal delivery hours:

9:00am–9:00pm Monday–Friday
9:00am–10:00pm Saturday-Sunday

HOURS VARY DURING WINTER MONTHS

CUSTOMER PICK-UP / RETURNS

Customers may pick up most items during normal business hours. Certain large items are excluded. Equipment returned dirty may incur cleaning fees. All items must be returned on the invoice return date.

RETURNS – FINAL INSPECTION

Fiesta Duo Party Rentals LLC reserves the right to modify charges for broken, missing, damaged, or dirty items up to 14 days after return. Helium/propane is non-refundable. Concession supplies may be returned with a 25% restocking fee.

EMERGENCY LINE

If renter does not attempt to contact Fiesta Duo Party Rentals LLC directly after a problem, no refund or discount will be given. NO EXCEPTIONS.

PROMOTIONAL USE

Events may be photographed and used for promotional or marketing purposes.