OCS Party Rentals - Rental Agreement
Payment Terms: ONE CO. SERVICES, LLC (DBA as ONE CO. BOUNCE HOUSES & PARTY RENTALS and known as OCS Party Rentals throughout) requires a $50 non-refundable deposit and an authorized signature on your quote to reserve your event rentals. The balance on invoice is due on or before the date of the event prior to set-up of any equipment. Payments must be made by either credit or debit card and/or cash.
Cancellation Policy: If the customer (the lessee) needs to cancel or reschedule the event, written notice must be provided to OCS Party Rentals at least 48 hours prior to the event. If timely written notice is provided, OCS Party Rentals will hold deposit as a “rain check” to be used within 1 year from the original date of your event. If notice of cancellation is not received 48 hours prior to event, your deposit will be forfeited. Cancellation after set-up has begun forfeits payment and any refund. If event is cancelled due to unforeseen weather conditions and the notice of cancellation is received at least 24 hours prior to event, OCS Party Rentals will hold deposit as a “rain check” to be used within 1 year from the original date of your event. Any rescheduled event is subject to availability of event rentals at the time of notification of postponement.
Weather Policy: OCS Party Rentals reserves the right to cancel of postpone any event based on the weather forecast for scheduled event date. It is unsafe to operate equipment if weather conditions prove to be any of the following: wind or wind gusts at or above 15 MPH, rain or precipitation at or above 50%, or any other sever weather conditions. If conditions are deemed hazardous to participants and/or equipment, we will advise accordingly. If event is cancelled due to unforeseen weather conditions, notice of cancellation may be given at least 24 hours prior to event without forfeiture of deposit. However, once equipment is delivered and/or set-up, payment must be made in full regardless of use due to unforeseen weather conditions, disruption of electrical service, or any other unfavorable conditions. OCS Party Rentals reserves the right to terminate the rental without refund at any time if circumstances have been deemed detrimental to its equipment or may cause unsafe conditions for participants.
Damage Policy: If at any time the equipment is damaged, vandalized, or stolen during term of this agreement and any extension thereof, then OCS Party Rentals (lessor) will be reimbursed by you (lessee) for the full replacement value or for the amount needed to repair the equipment. For estimate of cleaning fees, costs for repairs, and replacement costs for the leased equipment, please see Safety Rules and Operating Instructions for leased equipment.
Overnight Policy: The lessee is responsible for the security of the equipment during the term of this contract (including both during the day and overnight). The lessee understands and acknowledges that the blower must be removed from the inflatable device and locked up in a secure location overnight. Equipment must be free of water, trash, food, candy or any other items that may cause damage prior to shutting down for the night. If equipment is an inflatable unit, then lessee must re-inflate prior to OCS Party Rentals return to property for pick-up operations.
Right of Entry: The lessee grants OCS Party Rentals the right to enter the property for delivery setup and return pick-up of the rental equipment within time periods set forth during terms of this contract. Any special entry requirements shall be provided to OCS Party Rentals.
Delivery & Pick-up Operations: The lessee agrees to be present at time of delivery and pick-up of rental equipment. OCS Party Rentals may need to arrive at address specified as early as 7am for delivery set-up and return pick-up as late as 10pm. If this occurs, the lessee accrues no additional cost.
Setup Area: All equipment must be operated over a smooth or compatible surface, such as grass, dirt, concrete, or other hard surface, additional fees may apply. The equipment will NOT be setup on rough surfaces, such as rocks, gravel, bricks, glass, or any other jagged objects that cause damage to the equipment. It is the responsibility of the lessee to ensure that ample room is available for rented equipment to be set-up and that there is a clear pathway to the setup area prior to OCS Party Rentals arriving at property. If OCS Party Rentals deems it unsafe for participants to operate equipment and/or if the setup area is inadequate, the lessee forfeits payment and any refund.
Assumption of Risks: The lessee acknowledges the use of rented equipment may involve inherently dangerous activities. The risks involved may include, but are not limited to: falling, slipping, tripping, colliding which could results in injury, illness, paralysis, emotional distress, property damage, and/or death.
Safety Rules: The lessee agrees to review the Safety Rules and Operating Instructions related to the equipment leased by lessee, which were provided or made available by OCS Party Rentals. The lessee agrees to supervise both the equipment and its use at all times in which the equipment is in the possession of lessee. The lessee will ensure that all participants are compliant with said Safety Rules and Operating Instructions.
Marking for Underground Utilities: The lessee agrees to notify the local Utility Company a minimum of three days prior to the event and request that all underground utilities at the site of event be marked.
Possession & Title: The lessee’s right to possession of the rental equipment begins upon the items being delivered to the lessee and terminates when the items are picked up by OCS Party Rentals. During that time, the lessee agrees to keep the rental equipment in the lessee’s care and custody. Title of the rental items remains with OCS Party Rentals. The lessee agrees not to loan, sublet, rent, sell, or remove equipment from the delivery address. Retention of possession or any failure to permit the pickup of the equipment at or after the end of the rental period constitutes a breach of this Agreement. This includes, but is not limited to locked doors or fence gates, subdivision gates, cars blocking the way, etc. In the event of such a breach, OCS Party Rentals may retake possession of said items without further notice or legal process and use whatever force is reasonably necessary to do so. The lessee hereby agrees to indemnify, defend, and hold OCS Party Rentals harmless from any and all claims and costs arising from such retaking.
Disclaimer of Warranties: ONE CO. SERVICES, LLC makes no warranty of any kind, either express or implied, as to the condition of or performance of any leased equipment, and the lessee agrees to immediately cease use of the equipment and contact OCS Party Rentals if any of the leased equipment appears defective in any way or develops any indication of defect or improper working conditions. The lessee agrees to use the equipment at the lessee’s own risk. By signing this contract, the lessee agrees to forego seeking any consequential damages in the event of injury, damage or loss due to OCS Party Rentals’ negligence.
Hold Harmless Provision: The lessee recognizes and understands that use of OCS Party Rentals equipment may involve inherently dangerous activities. Consequently, the lessee agrees to indemnify and hold lessor harmless from any and all claims, actions, suits, proceeding costs, expenses, damages and liabilities, including reasonable attorney fees, arising by reason of injury, damage, or death to persons or property, in connection with or resulting from the use of said equipment including, but not limited to, the delivery, possession, use, operation, or return of the equipment. The lessee hereby releases and holds harmless OCS Party Rentals (as well as all agents or representatives of OCS Party Rentals) from injuries or damages incurred as a result of the use of said equipment unless OCS Party Rentals is operating the equipment and is deemed by a court of law to be grossly negligent in its actions. OCS Party Rentals cannot under any circumstances be held liable for injuries as a result of acts of God, nature, or other conditions beyond its control or knowledge. The lessee also agrees to indemnify and hold harmless OCS Party Rentals (as well as all agents or representatives of OCS Party Rentals) from any loss, damage, theft, or destruction of the equipment during the term of this contact and any extension thereof. In the event the lessee or any participants files a lawsuit against OCS Party Rentals (as well as all agents or representatives of OCS Party Rentals), it is agreed that Florida law will apply and that the lawsuit must be filed in the State of Florida.
Homeowners’ Insurance: I acknowledge that I have adequate homeowners’ insurance, tenant’s insurance, or other liability insurance to cover any bodily injury or property damage which may occur to me, my guests and or participators for the use of the unit(s) I am renting. If not, I am aware that I (the lessee) assume all responsibility in the event of any such injury, damage, or loss due to the negligence of any party, as provided above.
Breach/Liquidated Damages: If the lessee breaches any terms of this Agreement, the lessee agrees to pay for all consequential damages and further indemnify OCS Party Rentals for all costs incurred by OCS Party Rentals in enforcing the terms of the Agreement or in defending any claim or lawsuit arising out of the operation of leased equipment, including the amount of any judgment, attorney fees and costs. If OCS Party Rentals determines, within its own discretion, that the lessee has failed, in any way, to observe or comply with the conditions of this Agreement, OCS Party Rentals may exercise any of the following remedies: termination of this Agreement; reenter property and remove leased equipment; declare any outstanding rent and charges immediately due and payable; initiate whatever legal proceedings necessary to recover said equipment or monies; and/or pursue any additional remedies available by law. If the lessee fails to make timely payment, make equipment available for pickup, or fails to comply with this Agreement in any way, the lessee shall be liable to OCS Party Rentals for payment of damages in an amount equal to a one-day rental fee for the leased equipment for each day the lessee fails to make payment, make equipment available, or fails to comply with this Agreement. Such stipulated damages are intended to represent estimated actual damages and are not intended as a penalty, and the lessee shall pay them to OCS Party Rentals without limiting OCS Party Rentals’s right to terminate this Agreement for default as provided elsewhere herein.
Merger Clause: This signed Agreement, in conjunction with the Safety Rules and Operating Instructions and Reservation Form, contains the entire agreement between OCS Party Rentals and the lessee. No amendment, whether from previous or subsequent negotiations between OCS Party Rentals and the lessee, shall be valid or enforceable, unless in writing and signed by all parties to this Agreement. The invalidity or unenforceability of any provision of this Agreement shall not affect the force and effect of other provisions herein.
Acknowledgement: This Agreement, after signing, is a legal and binding contract. By signing my name on this contract, I , being the lessee, contact person, lessee representative, or other individual assuming the role of lessee, acknowledge that I have completely read and understand this Agreement, the Safety Rules and Operating Instructions related to leased equipment, and any and all accompanied addendum(s). I have been fully instructed by OCS Party Rentals personnel as a trained operator for the leased equipment and have had all my questions answered to my satisfaction.
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