JOLLI Faces Equipment Rental Services Agreement - Terms & Conditions
THIS SERVICES AGREEMENT (“Agreement”) is entered into between the Renter, and JOLLI Faces, a California company (“JOLLI Faces”). The parties agree as follows:
PAYMENT TERM: Retainer Fee must be paid for the event to be confirmed. Another event may be scheduled for your time and date, if retainer fee is not received at least 7 days before the event. There will be a $35 fee for returned checks, plus the amount of the check.
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RETAINER FEE: A non-refundable retainer fee of 50% of full amount is due at least 14 days from the quote expiration date. The balance agreed to in the agreement, minus the retainer fee, is one day before the day of the event. Full payment is required one day before the event date.
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ADDITIONAL CHARGES
In addition to other charges and cost provided herein, the Renter shall pay charges in accordance with JOLLI Faces current price rates and in effect for the following services:
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Delivery or Pickup and/or breakdown of rental equipment
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Delivery or Pickup from any location to other than ground
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Delivery and pickup after business hours, Saturdays, Sundays, and Holidays
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Incomplete or missing parts of rental equipment
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Service calls
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Last-minute and/or rush orders
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Extreme weather conditions
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CANCELLATIONS/Force Majeure (unforeseeable circumstances that prevent someone from fulfilling a contract): Should you need to reschedule your event, please do so at least 7 days prior and we will make every effort to meet your needs. If you need to cancel the event, your retainer fee is only refundable if requested at least 7 days prior to the event.
USE OF EQUIPMENT
Renter agrees that the items rented will be used only at the address listed on the contract. Renter agrees to use rented equipment only for the purpose for which it was intended and manufactured. Renter further agrees & covenants to be satisfied with the instruction and condition of equipment rented and of the proper and safe use of equipment, or that renter is so familiar and conveyed to JOLLI Faces. Subleasing or improper use is strictly prohibited. Renter furthermore agrees they have agreed to instructions and warnings related to rented items.
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EQUIPMENT FAILURE
Renter agrees to immediately discontinue the use of rented items should it at any time become unsafe or in a state of disrepair, and will immediately (within one hour or less) notify JOLLI Faces of the facts. JOLLI Faces agrees at our discretion to make the items operable within a reasonable time, or provide a like item if available, or make a like item available at another time, or adjust rental charges. The provision does not relieve renter from the obligations of the contract. In all events, JOLLI Faces shall not be responsible for injury or damage resulting from failure or defect of rented items caused by the renter, renter's party or at renter's given event location.
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INSURANCE
Renter agrees to maintain, at renter’s expense, liability, property, and casualty insurance coverage in an amount sufficient to fully protect JOLLI Faces and its rental equipment against any and all claims, loss, or damage of whatever nature or type.
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TIME OF RETURN
Time is of the essence in this contract. Therefore, renter’s right of possession terminates upon the expiration of the rental period set forth on contract. Any extension must be agreed upon in writing between renter and JOLLI Faces.
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LATE RETURNS
Renter shall return rented items to JOLLI Faces during regular business hours, promptly upon, or prior to the expiration of the rental period, unless otherwise agreed between renter and JOLLI Faces. If the renter does not timely return, the rental rate shall continue until items are returned. ​
CARE OF RENTAL EQUIPMENT
Renter agrees to protect the rented items from weather damage, breakage, unauthorized or improper use, theft or loss while in the possession of the renter until items are returned to JOLLI Faces. In addition to its other obligations hereunder; renter shall: pay a reasonable cleaning charge for items returned dirty and not in same condition as rented. ​Renter is responsible for equipment from time of possession to time of return. Renter assumes the entire risk of loss, regardless of cause. If items are lost, stolen, damaged, renter will assume cost of replacement or repair, including labor costs.
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EVENT SITE PREPARATION
Renter agrees to have the site clean and ready for delivery and installation or breakdown for pickup of the rented equipment, and also agrees to pay an additional charges for any delay incurred along with any labor charges resulting in renter’s failure to do so.
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PERMITS & LICENSES
Renter agrees prior to any installation of rental equipment including tents, to obtain at renters expense, any and all necessary permits and licenses, and other consents to JOLLI Faces in writing. ​
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LIABILITY STATEMENT: INDEMNIFICATION/HOLD HARMLESS. It is agreed and understood between the parties that any and all persons providing entertainment and/or decorating service as provided herein are independent contractors, represented by JOLLI Faces, and that no employer/employee relationship exists between such persons and the Renter. You agree to accept all responsibility for all personal and real property, and persons at the event's location. Upon signing this release you are releasing JOLLI Faces from all liability and responsibility for property, persons, and pets at the event's location, before, during and after the event. Renter agrees to indemnify and hold harmless JOLLI Faces from all claims, losses, expenses, fees including attorney fees, costs, and judgments that may be asserted against JOLLI Faces that result from the acts or omissions of the Renter, the Renter's guests, and the Renter's agents. Renter will indemnify JOLLI Faces against any legal liability associated with the use of rented equipment, equipment used to complete designs, its representatives, employees, or affiliates. Renter hereby agrees to hold harmless and without liability, JOLLI Faces and all principals, owners, or employees of said from any of the following: The delivery, loading, unloading, erection, installation, dismantling, and use of rented equipment, contact of underground utilities, pipes, or any condition on renter’s property, all necessary surface repairs, and/or any injury or damage during use of rented equipment including inflatables.
Parking: The Renter will reimburse the artist for any parking fees.
MODEL RELEASE: Renter grants JOLLI Faces the unrestricted right to copyright, use and publish videos/and or photographs of renter for commercial, promotion, competition or other purposes without compensation or liability to Renter.