MOTHOHO Enterprises LLC, dba Party Rentals by Us Rental Agreement

Last Revision Date:  12/3/2024

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. Marketing Communications

• SMS Text Messaging: The Lessor offers SMS text message notifications for order updates, reminders, and promotions.
  • Opt-In: To receive these messages, the Customer must expressly opt-in by providing their phone number and consenting to receive text messages.
  • Opt-Out: The Customer can opt-out of receiving SMS text messages at any time by replying with "STOP" or "UNSUBSCRIBE" to any text message from the Lessor. Message and data rates may apply.
• Email Marketing: The Lessor offers email marketing communications for promotions, newsletters, and updates. The Customer can opt-in by providing their email address and consenting to receive email marketing.

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.