MOTHOHO Enterprises LLC, dba Party Rentals by Us Rental Agreement

Last Revision Date:  1/30/2025

1. Agreement

By signing this agreement, the Customer ("Lessee") agrees to rent equipment from MOTHOHO Enterprises LLC, dba Party Rentals by Us ("Lessor") and be responsible for its proper use, care, and safekeeping from the time of delivery/pickup until return. The Customer acknowledges they are renting the equipment "as is" and assumes all risks associated with its use, including but not limited to damage, injury, or loss, regardless of cause. The Lessee agrees to comply with all applicable laws and regulations regarding the use of the equipment.

2. Rental Period

The rental period starts on the Delivery Date/Customer Pickup Date and ends on the Pick-up Date/Customer Return Date, as specified in this agreement. The Customer is responsible for the equipment throughout this period, even if not in active use. Extensions require at least 48 hours' notice and are subject to availability and additional fees. Early returns do not guarantee refunds or credits.

3. Customer Responsibilities

• Supervision: Provide constant and adequate supervision, especially for equipment like inflatables, to ensure safe operation.
• Venue Suitability: Confirm that the venue meets the requirements for the rented equipment, including dimensions, access points, and surface stability.
• Protection: Protect the equipment from damage due to weather, fire, vandalism, or misuse. Keep equipment away from water sources unless designed for water use.
• Permits: Obtain all necessary permits, licenses, and permissions required by law to use the equipment at the event venue.
• Inspection: Thoroughly inspect equipment upon receipt and report any damage, malfunction, or missing items to the Lessor within 2 hours. Failure to do so constitutes acceptance of the equipment "as is."
• Return Condition: Return the equipment clean, free from debris and dirt, and in the same condition as received, except for normal wear and tear. A cleaning fee may be imposed for excessively dirty equipment.
• Loading/Unloading: Load and unload equipment safely and responsibly. The Lessor is not liable for any damages or injuries during this process, even if assistance is provided.

4. Delivery, Installation, and Pickup

• Delivery/Pickup Times: Deliveries and pickups occur between 9:00 AM and 2:00 PM, Sunday to Thursday, and 9:00 AM to 5:00 PM on Friday and Saturday. After-hours service may incur additional fees.
• Delivery: The Lessor will make reasonable efforts to deliver on time but is not liable for delays caused by unforeseen circumstances. The Customer is responsible for providing clear access, parking, and any necessary permits.
• Installation: Setup and breakdown services may be included for certain items. The Customer must ensure the site is prepared (e.g., grass mowed, debris cleared).
• Utilities: The Customer is responsible for providing access to electricity and other utilities if required for the rented equipment.
• Pickup: Equipment must be disassembled, packed, and ready for pickup. The Customer is responsible for returning the equipment clean and properly packed to the agreed location by the specified time.

5. Late Fees

• A late fee of 50% of the rental item cost per day applies to equipment returned after the specified time.
• After 3 days of non-return, the Lessor may consider the equipment stolen and initiate legal action to recover the full replacement cost.

6. Equipment Use

• Use the equipment only for its intended purpose and in accordance with provided instructions.
• Subletting, loaning, or transferring the equipment to a third party is prohibited.
• No alterations, modifications, or repairs to the equipment are allowed without written consent from the Lessor.
• Specific usage guidelines apply to certain equipment (tents, inflatables, etc.) as outlined in the agreement.

7. Payment

• A non-refundable deposit, determined by the Lessor based on the value of the rented inventory, is required to secure the reservation.
• Full payment is due 14 days before the event. For bookings within 14 days, full payment is required at the time of reservation.
• Acceptable payment methods include credit card, debit card, or other methods agreed upon by the Lessor.

8. Security Deposit

• A refundable security deposit is required, either a fixed amount or a percentage of the total rental cost, as determined by the Lessor.
• The deposit will be refunded within 7 business days after the equipment is returned and inspected, minus deductions for damages, missing items, or late fees.

9. Cancellation

• Deposits are non-refundable.
• For cancellations made more than 14 days before the event, any payments beyond the deposit may be credited toward a future rental.
• For cancellations made between 72 hours and 14 days before the event, a 50% credit of additional payments may be issued.
• No refunds or credits for cancellations made within 72 hours of the event.
• Special conditions apply for weather-related cancellations or force majeure events, as outlined in the agreement.

10. Weather

• The Customer is responsible for monitoring weather conditions and taking necessary precautions to protect the equipment.
• Cancellation policies apply for weather-related cancellations, with varying terms depending on the notice provided.

11. Insurance

• The Customer is responsible for obtaining adequate insurance coverage for the event, including liability, property damage, and equipment theft. The Lessor's insurance may not cover all potential liabilities.

12. Amendments

• Amendments to orders are subject to availability and time frame restrictions.
• Additions are subject to availability and will be charged at standard rates.
• Removals made more than 14 days before the event are generally permitted without penalty, up to a certain limit.
• Removals made between 72 hours and 14 days before the event may be eligible for a credit, subject to conditions.
• No refunds or credits for removals made within 72 hours of the event.

13. Equipment Breakdown

• Notify the Lessor immediately of any equipment malfunction.
• The Lessor will attempt on-site repair or provide a replacement if available.
• Refunds may be issued for equipment failure that is not the Customer's fault.
• The Customer is liable for repair or replacement costs if the breakdown is caused by misuse, negligence, or improper handling.

14. Access to Equipment

• The Lessor requires 24-hour access to all rental equipment, where reasonable, for inspection, maintenance, and emergencies.
• The Customer must facilitate access and ensure that pathways are clear.
• Any limitations on access must be communicated to the Lessor in advance.

15. Ownership

• All rental equipment remains the sole property of the Lessor at all times.
• The Customer may not sell, transfer, or encumber the equipment.
• The Lessor reserves the right to recover the equipment in case of breach of contract.

16. Fees and Taxes

• The Customer is responsible for all applicable taxes, fees, fines, licenses, or permits related to the rental and use of the equipment.
• The Lessor will inform the Customer of potential costs, but it is the Customer's responsibility to understand and pay any applicable charges.

17. Product Descriptions

• Minor variations may occur between photographs on the website and the actual rental items due to factors such as dye lot variations, manufacturer updates, and normal wear and tear.

18. SMS Messaging

• Privacy Policy: Party Rentals by Us respects your privacy. By opting into our SMS messaging service, you agree to the following terms regarding how we handle your data:
• Data Collection: We will collect your name, email address, mailing address, and mobile phone number when you sign up for SMS updates. The information will be collected via the website contact form, email, rental agreement, or third-party reservation systems.
• Data Usage: We use your data solely for sending updates. promotions. and reminders related to our products or services.
• Data Security: We protect your data with secure storage measures to prevent unauthorized access.
• Data Retention: We retain your information as long as you are subscribed to our SMS service. You may request deletion at any time.
• MESSAGE AND DATA RATES MAY APPLY:  Your mobile carrier may charge fees for sending or receiving text messages, especially if you do not have an unlimited texting or data plan.• Messages are recurring, and message frequency varies• Contact Party Rentals by Us at 904-701-1988 or [email protected] for HELP or to STOP receiving messages.
• Opt-Out. You can opt out or the SMS list at anytime by texting, emailing or replying STOP or UNSUBSCRIBE to [email protected] or 904-701-1988. After unsubscribing, you will receive a final SMS to confirm you have unsubscribed and we will remove your number from our list within 24 hours.•
• You can send HELP for additional assistance, and you will receive a text including our Phone number, email and website. We are here to help you.• Non-Sharing Clause· We do not share your data with third parties for marketing purposes. Party Rentals by Us will not sell, rent, or share the collected mobile numbers.

19. Customer Acknowledgment

• The Customer acknowledges that they have read, understood, and agreed to all terms and conditions in the agreement.
• The Customer authorizes the Lessor to process credit card payments for all charges incurred under the contract.
• The Customer accepts liability for any breach of contract and agrees to be responsible for all associated costs.

20. E-Signature

• Electronic signatures are legally binding and equivalent to handwritten signatures.
• The Customer consents to receive electronic communications related to the agreement.