For the purpose of these Rental Terms & Conditions:
- Hardy Party Rentals shall mean the Rental Company, its owners, officers, directors, and employees.
- Customer(s) shall mean Customers, guests/visitors of customer, and their agents, contractors and/or employees.
- Rental Contract shall mean the itemized list of items contained in the contract, estimate or invoice provided to the Customer, who by virtue of having signed the contract, estimate or invoice, and/or paid an advance deposit or in full, expresses his or her agreement with the contents of the contract, estimate or invoice.
- Rental Center shall mean Hardy Party Rentals showroom or warehouse, or any other facility owned or leased by Hardy Party Rentals where the storage, maintenance or transfer of its equipment occurs.
In reference to leasing the rental item(s) / equipment described on the Rental Agreement, it is agreed as follows:
Customer will take all necessary precautions regarding the items rented and protect all persons and property from injury or damage.
Customer agrees to hold Hardy Party Rentals harmless 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 of property, arising out of the use, maintenance– installation, operation, possession, ownership, or rental of the items rented, despite cause.
ASSUMPTION OF RISK/RELEASE DISCHARGE OF LIABILITY.
Customer is fully aware of and acknowledges that there is a risk of injury, death, or damage arising out of the use or operation of the items contained in the Rental Agreement and hereby elects to voluntarily enter into this Agreement and assume all of the aforementioned risks.
Customer agrees to release and discharge Hardy Party Rentals from any and all responsibility or liability from such injury, death, or damage arising out of the use or operation of the rental items. Customer further agrees to waive, release, and discharge any and all claims for injury, death, or damage against Hardy Party Rentals, which customer otherwise may be entitled to assert.
Hardy Party Rentals agrees to reserve all items listed in the Rental Agreement on behalf of the Customer only after the following have been received from the customer.
- A non-refundable deposit equal to 50% of the total cost specified in the Rental Document (invoice, estimate, and/or contract (or a lesser amount determined at the sole discretion of Hardy Party Rentals).
- All orders under $100 must be paid in full at the time the contract is executed.
- A signed & dated rental contract which incorporates these Terms and Conditions.
The remaining balance of the rental contract must be paid 48 hours before delivery, unless otherwise specified by Hardy Party Rentals. If this obligation is not met, Hardy Party Rentals reserves the right to cancel the order without refunding the initial 50% deposit.
Customer’s right to possession of the rental items:
- Rental is for a 3-day period. Equipment returned after normal business hours on the third day will be charged for an additional 3-day rental period.
- Rental period begins when the rental items leave the rental center in the care of the customer, or when the customer accepts and signs for the delivery of the rental items upon delivery.
- In the absence of the renter, the equipment may be signed for by an individual designated by the renter. This individual is automatically given the legal right by the renter to accept liability for the equipment on the renter’s behalf.
- The rental contract terminates once Hardy Party Rentals has regained possession of the rental equipment.
- Any extension of the contract must be agreed upon by Hardy Party Rentals in writing.
- Title of the rental items shall, at all times, remain with Hardy Party Rentals.
- Customer authorizes Hardy Party Rentals to retake possession of the rental items without notice or legal process at any time, despite whether the equipment is on private property.
The Rental Contract may be executed or delivered electronically or in person. The Rental Contract is valid whether properly signed by the Customer or not, so long as the Customer takes possession of the rental items. It is also valid if signed by another party signing on behalf of the Customer, in which case the signing party will sign and print their own name.
Hardy Party Rentals reserves the right to refuse to deliver and/or install rental equipment due to unsafe conditions or weather. If this occurs, Customer will be liable for a minimum of 50% of the total cost specified in the Rental Agreement. In the absence of unsafe conditions or weather, Hardy Party Rentals will use all appropriate means and methods to secure the rental equipment for the safety of the Customer and the equipment.
Hardy Party Rentals is not responsible for underground utilities, and charges for time out, whether equipment is used or not. If permission is granted by the Customer to stake anything into the ground at their desired location, then it is the sole responsibility of the Customer to check for underground utilities and water mains.
All customers will provide a minimum 50% NONREFUNDABLE DEPOSIT in order for Hardy Party Rentals to reserve their order.
- Customers who cancel their orders within 48 hours of delivery WILL LOSE THEIR DEPOSIT regardless of their circumstances or reasons for cancellation.
- Adjustments to orders can be made up to 48 hours prior to delivery (except for specialty items – see below). However, any such adjustments shall not reduce the total price of the invoice below the amount of the NON-REFUNDABLE 50% DEPOSIT.
- Specialty items include specialty cut linens, and items that require Hardy Party Rentals to manufacture, sub-rent, or purchase equipment. Specialty items are non-refundable once they have been ordered by Hardy Party Rentals, or manufacturing of such items has begun.
CUSTOMER PICK UP AND RETURN.
- Hardy Party Rentals will reserve will-call/pickup orders only if a rental contract has been signed. If the customer fails to pick up their will call order on the specified date, then Hardy Party Rentals may re-rent the equipment; or if the equipment goes unrented, then the Customer will forfeit their NON-REFUNDABLE 50% DEPOSIT.
- Responsibility for customer-pickup rental items remains with the customer from time the items leave the Rental Center until the time they are returned.
- The Customer is responsible for loading, unloading, and securing items within his or her vehicle as well as for any damage that they or equipment may suffer during those operations.
- Hardy Party Rentals will assist the customer in loading, but Hardy Party Rentals will not be held liable for traffic accidents or damages to vehicles or rental equipment in transit due to improper loading.
- Items returned after the return date specified in the Rental Contract will incur additional fees to be determined by Hardy Party Rentals.
- Minimum delivery charges are based on 2-4 hour delivery windows with “non-same-day” pickups. Same-day and/or late evening pickups can be arranged for additional charges.
- Customers must be present for their entire delivery window. Hardy Party Rentals will grant a 15-minute waiting period, after which the customer will be charged for waiting time up to $80.00 per hour billed in 15-minute increments.
- Hardy Party Rentals offers setup/breakdown services of equipment for additional charges. See consultant for details.
- “Curbside delivery,” is defined as:
- Delivery to a ground level location on a flat, hard surface, within twenty-five (25) feet of the nearest loading area with no steps or obstructions.
- Hardy Party Rentals will stack items neatly and securely with reasonable access for the Customer;
- All equipment must be re-stacked and made ready for pick up by the Customer in same manner in which it was delivered;
- There will be a minimum two-hour window for both delivery and pickup (unless otherwise arranged in writing with Hardy Party Rentals).
Hardy Party Rentals may assess additional charges at a rate of up to $80 per hour when delivery conditions cause Hardy Party Rentals to incur additional labor costs, including, but not limited to:
- deliveries impeded by stairs, elevators, steep or uneven surfaces, standing water, mud, or soft surfaces like sand or loose gravel.
- deliveries that involve waiting times of more than 15 minutes;
- customer requires a precise (to within 15 minutes) delivery or pickup time;
- last-minute or rush deliveries or pickups; and/or
- inaccurate delivery locations or directions supplied by the Customer.
- Chairs and tables can be set up and arranged to the Customer’s predetermined specification for a charge. Setup is mandatory, and carries separate setup charges, for some items, such as: dance floors, stages, and canopies. If setup is requested, then Hardy Party Rentals will perform one (1) setup. After the initial setup is completed, then Hardy Party Rentals may opt to apply the aforementioned excessive labor charges, or they may opt to leave the premises without performing additional labor.
- If the renter is not available, then Hardy Party Rentals may opt to either setup in a manner deemed appropriate by our staff, or we may opt to leave the equipment curbside. In such instances, no refunds will be given, and the customer accepts liability for any losses and damages that may happen to equipment left unsupervised for any reason, including acts of God.
EQUIPMENT USAGE AND RETURN.
We require that all items be rinsed free of food and that these items be placed back into their appropriate containers. Please do not place soiled linens inside a plastic bag as this will cause them to mildew. All items should be placed in one location for pickup. If the Customer fails to do so, then Hardy Party Rentals will charge an additional $1.00 per piece. Additionally, Customer is responsible for any loss or damage to rental items regardless of cause or fault, including acts of God. Hardy Party Rentals has 72 hours after retaking or receiving possession of rented merchandise to assess its condition and determine whether damage occurred while it was in the possession of the renter.
In such instances, the Customer agrees to pay Hardy Party Rentals for:
- All labor costs associated with repair and/or attempted repair of damaged equipment
- Replacement of equipment (if necessary).
- Replacement of equipment directly related to the normal quality and functionality of the damaged equipment.
- All shipping or delivery fees associated with the replacement or repair of damaged equipment.
Customer will be charged (at current rates) for any item lost, stolen, or damaged. Customer authorizes Hardy Party Rentals to charge the credit card used for the rental; or deduct the amount(s) from the deposit provided by the Customer.
Broken items must be returned in their broken state or they will be considered stolen.
MEASURING EVENT AREA.
- Hardy Party Rentals provides consulting services whenever possible.
- Planning and measuring is ultimately the responsibility of the Customer. If poor planning leads to improperly measured areas for placement of canopies, stages, dance floors, etc. resulting in our inability to complete a job, then no refunds will be given, and full payment will be made to Hardy Party Rentals by the Customer.
- Hardy Party Rentals will not be held liable for any planning not performed by our staff.
- The Customer is responsible for locating and pointing out any underground utilities, such as water mains, and gas, electrical, and sewage lines.
LOCAL RULES AND REGULATIONS.
Any and all rules and regulations governing an event site must be provided in writing to Hardy Party Rentals prior to the delivery of rental equipment. All fines incurred as a result of non-disclosure of such regulations are the responsibility of the customer.
USE OF IMAGES.
You agree to let Hardy Holdings, LLC (including Hardy Party Rentals and Hardy Helps) use any photographs, images, or likenesses that we create as part of our engagement with you for marketing purposes. Examples include, but are not limited to, use on our websites, social media pages, and advertisements. You also agree that we own the exclusive rights to all photographs, images, or likenesses, and you will not be compensated in any way for their use.
Customer will pay all collection fees, attorney’s fees, court costs, or any other expenses required to enforce the items and conditions of this contract. Any lawsuits that may occur between Hardy Party Rentals and their customers must be filed in Orange County, CA, and any litigation will be held in an Orange County, CA court.
If any clause, or portion of a clause, in these terms and conditions is considered invalid under the rule of law, it shall be regarded as stricken while the remainder of these terms and conditions shall continue to be in full effect.