Terms and conditions

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1. For good and valuable consideration, you and Del Rey Party Rentals, Inc., a California corporation (hereinafter, “DRPR”) agree as follows: As used herein, “Page 1” refers to the first page or “face” of this Contract; “Contract” refers to Page 1 together with these Terms and Conditions of Rental Contract, “Rented Item(s)” or “Item(s)” means the item(s) rented to you, as identified on Page 1; “Site” means the delivery or use address set forth on Page 1; “Customer,” “Lessee,” “you” and “your” mean the customer or “Lessee” identified on Page 1, and “Lessor,” “we,” “us” and “our” mean DRPR.

2. You agree to rent the Rented Item(s) from DRPR for the period(s) specified on Page 1 (the “Term”), and to pay our stated Rental rate(s) (the “Rent”), together with all other charges accruing hereunder, without proration, reduction or setoff, until all Rented Item(s) is/are returned to and accepted by DRPR in the return condition required under Sections 7 and 8 below. Unless otherwise specifically agreed by DRPR, all rental rates are for normal use of the Rented Item(s) on a single-event basis during the Term. Additional Rent will be charged for late returns. The Rent will not be reduced for time in transit, weather events, or any other period(s) of nonuse. We have estimated the Rent based on your estimate of the length of the Term (“Estimated Rent”). You agree: (a) to pay DRPR: (i) the Estimated Rent, together with any deposit specified on Page 1 (or if none, 100% of the Estimated Rent) prior to commencement of the Term (the “Prepayment”); and (ii) any additional amounts coming due hereunder upon demand; and (b) that: (i) we may deduct any amount you owe us from any Prepayment; (ii) no interest will accrue on any Prepayment; (iii) no Prepayment will be deemed a limit of your liability hereunder; and (iv) all Prepayments are NON-REFUNDABLE. Anything remaining with, in or on any Rented Item(s) upon return will, at our option, be deemed surrendered and abandoned.

3. If we agree to deliver and/or retrieve any Item(s), you agree to: (a) pay our charge(s) for the same, and for all waiting time; (b) be present at the Site at the agreed time(s); and (c) ensure our personnel have timely and adequate access to the Site. We will not be responsible for delay(s) caused by any other parties, including providers of other equipment or services (“Other Providers”) for which you hereby release and agree to indemnify, defend and hold harmless DRPR. If you are not present upon delivery and/or retrieval of any Item(s), you agree to accept the statements of our representatives regarding the same (including status, quality, condition, state of repair, freedom from defects, proper installation, and quantities).

4. WARNINGS: TENTS, CANOPIES, WALLS, STAGES, AND FLOORS (“TEMPORARY STRUCTURES”) AND EQUIPMENT USED FOR COOKING AND/OR HEATING: (A) CAN BE DANGEROUS AND SHOULD BE USED, MOVED, MAINTAINED AND REPAIRED WITH GREAT CARE ONLY BY PROPERLY QUALIFIED, INSTRUCTED, AND IF APPLICABLE, LICENSED, INDIVIDUALS; AND (B) MAY MOVE, LEAK, COLLAPSE, OVERTURN OR CATCH FIRE, PARTICULARLY DURING HAZARDOUS WEATHER (e.g., heavy rain, snow, sleet, hail and winds over 25 mph). If hazardous weather occurs or threatens, you agree to: (a) cause all persons to DISCONTINUE USING AND, AS APPLICABLE, EVACUATE the Rented Item(s); (b) protect all Rented Item(s) and its/their contents; and (c) PERMIT DRPR, IN ITS SOLE DISCRETION, TO DELAY DELIVERY, INSTALLATION AND/OR USE OF, OR DISMANTLE AND/OR RETRIEVE ANY OR ALL OF THE RENTED ITEM(S) (without obligating us to do so).

5. Upon your receipt of the Item(s), unless you immediately reject it/them, you represent, warrant, acknowledge and agree that: (a) each Item: (i) is in good repair and operating condition, free of defects, and is in all ways acceptable to you; (ii) is appropriate for your purposes; and (iii) was selected solely by you, not based on any recommendation by DRPR; and (b) you: (i) have received, read and understood all training, instructions, user manuals, maintenance requirements, and other information, if any (including all applicable EPA, OSHA, NFPA, IFC, IBC, ASSE, ASME, IEEE and ANSI Standards) (collectively, “Instructions”); (ii) will fully comply therewith; (iii) will use each Item only for its intended purpose, in a reasonable and safe manner; (iv) will give any required notice(s) to governmental authorities; (v) will timely obtain all necessary licenses, authorizations and approvals (including without limitation, the approval(s) of all owner(s) of any real property on which any Rented Item(s) is/are to be installed); (vi) will ensure all underground utilities are clearly marked before driving stakes or using any Item(s) to disturb the ground surface (call 811 or 800-227-2600 go to www.digalert.org at least 3 full business days in advance); (vii) will immediately cease using any Item that malfunctions or proves defective (a “Malfunction”); (viii) will create and post in a conspicuous place, an OSHA-COMPLIANT EVACUATION PLAN for all rented Temporary Structures; (ix) WILL ENSURE THAT ALL CHILDREN IN, ON OR NEAR ANY RENTED ITEM(S) ARE SUPERVISED BY A COMPETENT ADULT AT ALL TIMES; and (x) will comply, and ensure that all others comply, with this Section at all times. It is the sole responsibility of the lessee or renter to follow the requirements of the regional notification center law pursuant to Article 2 (commencing with Section 4216) of Chapter 3.1 of Division 5 of Title 1 of the Government Code. By signing this Contract, you accept all liabilities and responsibilities contained in the regional notification center law, and agree to properly and timely complete and file the California Facility Event Form if required. Customer acknowledges receipt of these documents

6. You agree to ensure that each Item is used safely and only: (a) for its intended purpose(s); (b) within its rated capacity; (c) at the address set forth on Page 1 (the “Site”); and (d) otherwise in full compliance with the Instructions, as well as all applicable laws, rules, regulations, and policies of insurance at all times. You will not, nor will you permit anyone else to: (i) use open flames in, under or near any Temporary Structures; (ii) abuse, misuse, overuse, move, remove, conceal, repair, modify, damage or destroy any Rented Item; (iii) violate any applicable law, rule, regulation, policy of insurance or warranty; or (iv) take possession of or exercise control over any Rented Item without the prior written consent of DRPR.

7. You agree to protect each Rented Item at all times, keep it safely and securely stored and locked when not in use, and return it to DRPR on time, clean, free of dirt, stains and debris, and otherwise in good order, condition and repair, properly serviced and maintained. If you fail to do so, you will pay DRPR: (a) Rent for each succeeding full rental period until all Rented Item(s) have been returned or replaced as required; and (b) any and all costs and expenses, both direct and indirect, DRPR may incur in connection with such failure.

8. Certain Rented Items may be delivered on pallets, or in crates, cartons or boxes, and may be stacked, bagged, racked, folded, rolled and/or strapped (“Packed”). You agree to ensure that, upon return, all such Rented Items are properly Packed, using the same packing materials. YOU AGREE NOT TO PACK ANY RENTED ITEM UNLESS IT IS COMPLETELY DRY. PACKING WET OR DAMP RENTED ITEMS MAY RESULT IN MOLD AND/OR MILDEW, FOR WHICH YOU WILL BE LIABLE.

9. In the event of a Malfunction (as defined in Section 5), you will immediately cease using and evacuate the Item and notify DRPR. Provided the Malfunction did not result from the willful or negligent act or omission, or any breach of this Contract, by you or any person(s) you permit to use, occupy or otherwise deal with any one or more of the Item(s), we will, at our option: (a) repair the subject Item; (b) provide you with a comparable replacement Item; or (c) return the unused portion of the Rent and cancel this Contract. The foregoing remedy is EXCLUSIVE. We will have no other obligations regarding Malfunctions, all of which you hereby waive, together with any and all associated incidental, consequential, special, exemplary and punitive damages.

10. You will maintain any and all INSURANCE DRPR deems necessary in connection herewith. If you are a business, you agree to maintain liability insurance with minimum limits of at least $1,000,00