Giant Lawn Game Rentals LLC – Games and Equipment Rental Agreement
· This Games & Equipment Rental Agreement will be referred to herein as the “Agreement”
· Giant Lawn Game Rentals LLC will be referred to herein as the “Lessor”
· The person agreeing to these terms and conditions will be referred to herein as the “Lessee”
· Collectively the lessee and lessor will be referred to herein as the “Parties”
· Games, equipment, and other rentable items will be referred to herein as the “Equipment”
1. EQUIPMENT.Giant Lawn Game Rentals LLC hereby agrees to lease the Equipment as detailed in the requested and provided quote.
2. LEASE TERM.The Lease will start on the date selected by the Lessee at checkout (“Lease Term”) and will end on the Return Date, unless otherwise extended or terminated as per this Agreement.
3. LEASE PAYMENT.Lessee agrees to pay Giant Lawn Game Rentals LLC as rent for the Equipment. The final payment of the outstanding balance is due one (1) week from the date of the event. Equipment will not be delivered or set up if the final payment is not received prior to the start of the event. Non-payment will result in termination of service and forfeiture of security deposit.
4. SECURITY DEPOSIT.Lessee shall deposit 20% of the total cost to reserve requested Equipment for the requested date(s). This security deposit does not include insurance that would cover any damages caused by Lessee or Lessee’s agents to the Equipment during the lease term and while in possession of the lessee.
5. LATE CHARGES.If Lessee returns the Equipment late, Lessee agrees to pay a late fee equal to 50% of the total lease payment per day for each day the Equipment is late.
6. RETURN OF EQUIPMENT.Lessee must return the Equipment on the agreed return time and date. Giant Lawn Game Rentals LLC reserves the right to recover and repossess the Equipment if it is not returned on time. Lessee authorizes Giant Lawn Game Rentals LLC to enter any premises owned or occupied by the lessee to recover the equipment.
7. WAIVER OF LIABILITY.Lessee waives any rights to recovery from Giant Lawn Game Rentals LLC for any injuries sustained while using the Equipment. Giant Lawn Game Rentals LLC is not liable for any personal injury or property damage caused by proper or improper use or malfunction of the Equipment.
8. INDEMNIFICATION.Lessee agrees to indemnify and hold harmless Giant Lawn Game Rentals LLC, as well as all members and staff, from all claims, losses, expenses, fees, including attorney fees, costs, and judgments that may be asserted against Giant Lawn Game Rentals LLC that result from the acts or omissions of Lessee or Lessee’s agents.
9. COLLECTION COSTS.Lessee must reimburse Giant Lawn Game Rentals LLC for its reasonable costs of collection, including attorney’s fees, for recovering or repossessing the Equipment.
10. WAIVER OF WARRANTIES.Giant Lawn Game Rentals LLC disclaims any and all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose.
11. MISCELLANEOUS
11.1 ASSIGNMENT.This Agreement and any of the rights and obligations hereunder may not be assigned by either party without the other’s prior written consent. Lessee may not sublease any portion of the Equipment without the prior written consent of Giant Lawn Game Rentals LLC.
11.2 ENTIRE AGREEMENT/MODIFICATION. This Agreement contains the entire agreement of the parties and there are no other promises or conditions in any other agreement, whether oral or written. No modifications or waiver of this Agreement shall be binding unless in writing and signed by the parties hereto.
11.3 SEVERABILITY.If any provision of this Agreement is held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
11.4 APPLICABLE LAW AND VENUE. This Agreement shall be governed by the laws of the State of Ohio. All actions or proceedings arising in connection with this Agreement shall be tried and litigated exclusively in the state courts located in Hamilton County, Ohio.
12. INCLEMENT WEATHER.Lessee is responsible for safely storing the Equipment indoors in the event of inclement weather during the Lease Term. There are no refunds for weather-related cancellations or events impacted by weather. In the event that inclement weather cancels an event, Lessee’s deposit will be carried forward for a maximum of 90 days and applied to the rescheduled event.
13. DAMAGES
13.1 DAMAGE BEYOND REPAIR/THEFT OF EQUIPMENT. Lessee is financially responsible for the replacement of any Equipment that is damaged beyond repair or stolen during the Lease Term.
13.2 RENTAL PROTECTION PLAN. RPP, or Rental Protection Plan, is a flat fee offered to lessees. RPP covers damages to Equipment that include but are not limited to paint scratches, dents, missing pieces, and other damage beyond “normal wear and tear” as determined by Giant Lawn Game Rentals LLC. RPP is optional, but is only offered up until the time the final Agreement is signed. If RPP is not purchased before the final agreement is signed, and damages to Equipment occur as described above, lessee is financially responsible for replacement of all damaged Equipment.
14. DISPUTE RESOLUTION.In the event of a dispute, the Parties agree to cooperate to resolve the issue to the satisfaction of both Parties. Disputes shall be resolved in accordance with the laws of Ohio and in the courts of Hamilton County, Ohio.
15. LIMIT OF LIABILITY.Giant Lawn Game Rentals LLC’s liability is limited to the payments and security deposit received. Lessee and their guests assume all risks and agree to hold Giant Lawn Game Rentals LLC harmless from any injuries sustained while using or being in proximity to the Equipment.
16. ACKNOWLEDGEMENT.By signing below, Lessee acknowledges that they have read, understand, and agree to the terms and conditions of this Agreement.