Kimica Party Rentals Terms and Conditions:
Delivery
Delivery options (pricing will vary based on current promotions):
All orders over $100 free delivery and pick up. Additional fee for set up and break down.
The equipment and games will be;
Delivered by Kimica Party Rentals, LLC at a time determined by us as per your Party Time selected. If you required exact delivery and pick up times, there will be an additional $30 fee added to all orders. A signed rental agreement and a full payment of the total rental cost is required to reserve a date for an event. Should the rental be cancelled for a reason not addressed in this rental agreement less than 48 hours before the event, the renter will forfeit the payment.
All delivery and pick-up times specified in the Agreement shall be followed by Lessee. All delivery and pick-up by Kimica Party Rentals, LLC shall be at the convenience of and at the time designated by Kimica Party Rentals, LLC. Standard rental period is for (6) hours between 8:00am and 8:00pm. Lessee shall ensure that the rental time period can be adjusted if requested and any additional rental rates must be agreed upon by both parties. Delivery and pick-up by Kimica Party Rentals, LLC must be convenient, accessible, safe and free of hazards. Lessee’s right to possess any game or equipment terminates upon the expiration of the rental period set forth in the Agreement.
Damages
The Lessee shall pay for all damages that occurred while in Lessee possession. This will be collected from the Lessee when the games are returned and confirmed not to be in the same condition they were originally leased. Lessee and Kimica Party Rentals, LLC will complete an inspection of all rented items before lease period to ensure games are leased and returned in acceptable condition as determined by Kimica Party Rentals, LLC. If Lessee waives the right to report damages to Kimica Party Rentals, LLC as part of inspection, the Lessee is responsible for any damages observed upon delivery. A credit card will be required to be kept on file and will be charged upon inspection of damages.
Late Returns
Lessee shall return and or allow pick up of rented items to Kimica Party Rentals, LLC at the agreed upon time by both parties upon or prior to the expiration of the lease period. If the Lessee does not satisfy this obligation, the rental rate shall continue at the daily rate until items are returned to Kimica Party Rentals, LLC.
Equipment Responsibility
Lessee is responsible for equipment from the time of possession to the time of return. Lessee assumes the entire risk of loss, regardless of cause. If items are lost, stolen, damaged, the Lessee will assume the cost of replacing or repair, including labor costs.
Damage includes, but is not limited to, tears, rips, scratches, dents, missing pieces, missing parts, missing instructions, permanent stains, cuts, gouges, burns, permanent aesthetic changes, holes, stickers, decals, confetti or glitter, any condition that hinders the functionality of the games and equipment, or any damage beyond normal wear and tear to be determined in the sole discretion of Kimica Party Rentals, LLC. Kimica Party Rentals, LLC will charge the card on file to replace damaged games and equipment caused by Lessee or Lessee’s agent.
In addition to its other obligations hereunder, Lessee shall protect the leased items from weather damage as well as unauthorized or improper use. The Lessee agrees not to use or lay equipment or games on freshly cut or wet grass because doing so can leave permanent stains or create water damage. Severe grass stains are considered damage beyond normal use or wear and tear. All games should be clean and dry when returned to Kimica Party Rentals, LLC. Absolutely no silly string, gum, candy, food, drinks, face paints, animal wastes, glitter, confetti or other substances should be in contact with leased items.
If cleaning is required by Kimica Party Rentals a $100.00 cleaning fee will be assessed to Lessee.
All children should be supervised by an adult at all times to ensure safety and proper care of games and equipment.
Inclement Weather
The Lessee is responsible to safely store leased games and equipment indoors in the case of inclement weather during the lease period. There are no refunds for weather related cancellations or events impacted by weather unless Kimica Party Rentals, LLC are notified more than 48 hours before delivery was anticipated. A full refund of the rental price will be provided if with a minimum 48 hours notice.
Wear and Tear and condition
The appearance of the games may be slightly different than in the rental literature because of normal wear and tear as well as many of our games are hand made. They may differ in appearance, color and description. The games are subject to wear and tear from normal rental use and may sustain minor cosmetic scuffs and blemishes during the rental period, the Lessee is not liable for this type of normal wear.
Equipment Failure
Lessee agrees to immediately discontinue the use of a leased item should it at any time become unsafe or in a state of disrepair, and will immediately (one hour or less) notify Kimica Party Rentals, LLC of the facts. Kimica Party Rentals, LLC agrees to make the items operable in a reasonable time, or provide replacement items if available, or make a like item available at another time, or adjust rental charges. This provision does not relieve the Lessee from obligations of the Agreement. In all events and circumstances Kimica Party Rentals, LLC is not responsible for injury or damage resulting from failure or defect of leased item.
Rental Game Unavailable
Every attempt will be made by Kimica Party Rentals, LLC to have a piece of equipment or game available prior to a reserved event, should it be stolen or destroyed by the previous renter, or should a piece of equipment or game be unavailable to rent, the following actions will be taken:
An available alternate game will be offered with the rental price adjusted accordingly.
If paid in full, a refund for the specific item will be provided by Kimica Party Rentals, LLC in the form of a check or refund to credit card.
Appropriate Use of the Games
All games and equipment are intended to be played in a safe, reasonable and respectful manner according to the instructions and manufacturer’s directions provided with the games. The games and equipment are not to be misused in a manner which could cause damage to the games and equipment, users, property, bystanders, Lessee or agents of the Lessee. It is the responsibility of the Lessee to assure that misuse does not occur. Games and equipment may only be used and operated in a careful and proper manner. Its use must comply with all laws, ordinances, and regulations relating to the possession, use, or maintenance of the equipment. Lessee shall make no alterations to the equipment, doing such would be considered damage and result in Lessee being responsible for replacement costs.
Lessee is responsible for the use of the leased items. Lessee assumes all risks inherent to the operation and use of leased items and agree to assume the entire responsibility. Lessee agrees to indemnify and hold Kimica Party Rentals, LLC harmless from and hereby release Kimica Party Rentals, LLC from all claims for damage to property or bodily injury (including death) resulting from the use, operation, or possession of the leased games and equipment, whether or not it be claimed or found that such damage or injury resulted in whole or part from Kimica Party Rentals, LLC negligence.
Subleasing or improper use is strictly prohibited. Lessee agrees they have read all instruction manuals, operating instructions, and warnings related to leased items prior to use and agree to not sublease, lend out or allow another party to borrow any leased items. If leased items are in possession of Lessee overnight, it if is the responsibility of the Lessee to bring all leased items inside when not in use.
Dispute Resolution
In the unlikely event that Lessee is dissatisfied with the rental service provided, they agree to cooperate with Kimica Party Rentals, LLC to discuss and come to a resolution which satisfies both parties, this can include refunds, discounts, and game substitutions. This Agreement and any dispute relating to this Agreement shall be governed by and interpreted in accordance within the law and the Parties agree that the courts within Manatee County, Florida shall have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with the Agreement, regardless of individual party location.
Hold Harmless Agreement
Lessee agrees and assumes all risk and agrees to hold Kimica Party Rentals, LLC and any of its agents harmless from any and all claims, losses, liabilities, and damage, and all costs and expenses arising directly and indirectly, or relating to; the delivery, loading, unloading, installation, dismantling, use of leased games and equipment or contact of underground utilities, pipes, or any condition on venue property.
Survival
All terms and provisions of this Agreement that should by their nature survive the termination shall so survive.
Entire Agreement
This Agreement, including any exhibits attached hereto and made part hereof, constitutes the entire agreement between Yard Party Games and Lessee with respect of the subject matter hereof. This Agreement supersedes any prior agreements, representations, or dealings between the Parties.
I acknowledge that I have read and understand the terms and conditions listed above.
Damage Beyond Repair / Theft of Games
Should a rental game(s) be damaged beyond repair or stolen, the renter will be financially responsible for the replacement and or rebuild of the rental game(s). The rental games are made using premium materials, which is both costly and time consuming to replace and rebuild, not to mention the lost revenue from future events because of damaged or stolen games.
In addition to the replacement cost of the rental game(s), the renter will be liable for any financial loss sustained until the rental game is replaced. The financial loss will be calculated from any future scheduled events which would now require a refund and lost rental opportunities due to the game being unavailable.