Terms And Conditions Of Rental Contract – Tamasang Party Rentals

For good and valuable consideration, you and TAMASANG PARTY RENTALS LLC, a New York limited liability company, d/b/a “TAMASANG PARTY RENTALS LLC” (also referred to in this Contract as “TPR,” “Lessor,” “we,” “us” and “our”) agree as follows: 

Definitions: As used herein, “P.1” means your Reservation, Contract, Order or other similar writing included herewith, identifying the item(s) being rented to you hereunder; “Contract” means P.1 together with these Terms and Conditions; “Rented Item(s)” or “Item(s)” means the item(s) rented to you, as identified on P.1 (including any “Instructions” provided per Section [or “§”] 4 of this Contract); “Site” means the location where the Item(s) is/are to be delivered and/or used (if applicable), as set forth on P.1; and “Customer,” “Lessee,” “you” and your” mean the customer, renter or lessee identified on P.1. 

Transaction: You agree to rent the Rented Item(s) from TPR for the period(s) specified on Page 1 (the “Term”), and to pay our stated rental rate(s) (the “Rent”), together with any other charges accruing hereunder, without proration, reduction or setoff, until all Rented Item(s) is/are returned to and accepted by TPR. Unless otherwise specifically agreed by TPR, all rental rates are for normal use of the Rented Item(s) on a single-event basis during the Term. The Rent will be increased for overtime, overuse, misuse, and abuse. No allowance will be made for time in transit or any other period of nonuse. We have estimated the Rent based on your estimate of the length of the Term (the “Estimated Rent”). You agree: (a) to pay TPR:

 (i) the Estimated Rent, together with any deposit specified on Page 1 (or if none, 50% of the Estimated Rent) prior to commencement of the Term (the “Prepayment”); and (ii) any additional amounts coming due hereunder upon demand; and (b) that: (i) TPR may deduct any amount you owe us from any Prepayment; (ii) no interest will accrue on any Prepayment; (iii) no Prepayment will be deemed a limit of your liability hereunder; and (iv) all Prepayments are NON-REFUNDABLE except as otherwise agreed to by TPR. 

Anything remaining with, in or on any Rented Item(s) upon return will, at our option, be deemed abandoned, and will become the property of TPR. 

Site: You will ensure the Site is clean, safe, flat, dry, secure, and fit for delivery and use of the Rented Item(s). If we agree to provide any services (including delivery, setup, installation and/or retrieval) of any Item(s), you agree to: (a) pay our regular charge(s) for the same, and for all waiting time; (b) be present at the Site at the agreed time(s); and (c) ensure our personnel have full access to the Site at all times. We will not be liable for mishaps or delay(s) caused by you, your agents or employees or any other parties, including providers of other goods or services (“Other Providers”) for which you agree to indemnify, defend, and hold harmless TPR. If you are not present upon our delivery, installation, or retrieval of any Item(s), you agree to accept the statements of our agents regarding the same (including the status, condition, quality and quantities of the Item(s) and the Site). 

Instructions: Upon your execution of this Contract (and upon any later delivery to or receipt by you or your agent(s) of the Rented Items, unless you immediately reject it/them), you represent, warrant, acknowledge and agree that: (a) each of such Item(s): (i) has been carefully selected, examined, counted and tested by you; (ii) is complete and in good repair and operating condition, free of defects, and otherwise in all ways acceptable to you; and (iii) is appropriate for your purposes, not based on any recommendation by TPR; and: (b) you: (i) have received, read and understand all training, instructions, warnings, user manuals, maintenance requirements, and other information, if any (including without limitation, any and all applicable Fire and Building Codes, EPA, OSHA, ANSI, ASME, IEEE, IBC, IFC, NFPA, SAIA and other standards) pertaining to the Rented Item(s) (collectively, “Instructions”); (ii) will fully and timely comply with the same; (iii) will timely obtain all applicable licenses, authorizations, permits and approvals as well as the consent(s) of the owner(s) of the Site, advise the appropriate Utilities Protection Service, and clearly and properly mark all underground lines and cables (call 811 and go to www.call811.com at least 3 full business days in advance; (iv) will not permit the use or storage of fire sources, open stoves or flammables (excluding chafing dishes) inside of or unreasonably close to any Rented Item; (v) will immediately cease using any Rented Item that breaks down, malfunctions or proves defective (a “Malfunction”); (vi) will ensure that adequate and proper power, heating and lighting are provided to and for the benefit of all Rented Item(s) at all times; (vii) will immediately notify TPR and the local police in the event of any accident or theft of or involving any Rented Item(s); and (viii) will cause all others to fully comply with this Contract at all times. 

Malfunctions: In the event of a Malfunction as defined in § 4, you agree to immediately notify and return the Malfunctioning Item to TPR, and provided such Malfunction did not result from or in connection with any wrongful or negligent act(s) or omission(s) of, or any breach of this Contract by, you or anyone you permit to use, occupy or otherwise deal with any Rented Item(s) (including your guests and invitees), we may, at our option: (a) repair the Malfunctioning Item; (b) provide you with a comparable item; or (c) solely with respect to the Malfunctioning Item, return the unused portion of the Rent and cancel this Contract. The foregoing remedies are EXCLUSIVE. We will have no other obligation(s) regarding Malfunctions, all of which you waive (including without limitation, all direct, indirect, incidental, and consequential damages). 

Title: Except with respect to Items we rent from one or more third parties (each, a “TPO”) and then re-rent to you (“Re-Rented Item(s)”), TPR owns and will retain title to all Rented Items at all times. You will have exclusive control over the Rented Item(s) during the Term; subject however, to your obligation to fully and timely comply with this Contract at all times. You SHALL NOT: (a) permit the taking or existence of any lien, claim, security interest or encumbrance on any such Item; (b) have any title or ownership interest in or with respect to any Rented Item(s); or (c) loan, transfer, sublease, repair, store, surrender or assign any Rented Item or this Contract without our prior written consent. We may substitute, sell and/or assign any Rented Item(s) and/or all or any part of our interests therein and/or in this Contract at any time, in which event, you will attorn to the assignee, who will not be responsible for any pre-existing obligations or liabilities of TPR. 


WEATHER AND/OR ON STEEP TERRAIN. YOU AGREE TO: (A) EXERCISE, AND TO CAUSE ALL OTHERS TO EXERCISE, EXTREME CARE WHEN DEALING WITH SUCH ITEM(S); (B) PROVIDE ALL APPLICABLE FAMILIARIZATION, TRAINING, INSTRUCTIONS AND WARNINGS TO ALL USERS, OPERATORS AND OCCUPANTS OF THE RENTED ITEM(S); (C) ensure that each Rented Item is used reasonably, safely and only: (i) for its intended purpose(s); (ii) within its rated capacity (IMPORTANT: Chairs typically have a capacity limit of 250 lbs.; DO NOT ALLOW PERSON(S) WHO WEIGH MORE THAN 200 POUNDS TO OCCUPY ANY CHAIR PROVIDED BY US); (iii) at the Site; (iv) BY PROPERLY TRAINED, QUALIFIED, CERTIFIED, FAMILIARIZED AND/OR LICENSED (AS APPLICABLE) ADULTS; and (v) otherwise in full compliance with this Contract and all applicable laws, rules and regulations, at all times. 

SAFETY PRECAUTIONS: You shall not, nor shall you permit anyone else to: (i) use any Rented Item while under the influence of any intoxicant(s) (including without limitation, CANNABIS AND ALCOHOL, WHETHER OR NOT LEGAL); (ii) use open flames other than chafing dishes, in or under any rented tent; and (iii) abuse, misuse, overuse, conceal, place in storage with any third party, repair, modify, damage, or expose rented items to any hazard or potential harm. YOU ALSO AGREE TO: (A) ENSURE THAT ALL CHILDREN IN, ON, OR NEAR ANY RENTED ITEM(S) ARE SUPERVISED BY A COMPETENT ADULT AT LEAST 21 YEARS OF AGE AT ALL TIMES; (B) POST AN OSHA-COMPLIANT EVACUATION PLAN ON OR NEAR EACH TEMPORARY STRUCTURE INCLUDED IN THE RENTED ITEM(S); AND (C) EVACUATE, AND PERMIT MT&E TO DELAY DELIVERY, INSTALLATION AND/OR USE OF, OR DISMANTLE AND/OR RETRIEVE ANY OR ALL RENTED ITEM(S) (without obligating us to do so) IF ANY HAZARD (INCLUDING WITHOUT LIMITATION, SEVERE WEATHER) OCCURS OR THREATENS. 

Insurance: You agree to maintain policy(ies) of insurance we may require, including: (a) public and host liquor liability insurance with minimum limits of $1,000,000 per occurrence; (b) property damage/inland marine insurance covering all Rented Items for the full (new) replacement cost thereof; and (c) workers’ compensation insurance. All such policies shall, to the maximum extent possible: (i) name TPR as an additional insured and loss payee; (ii) waive subrogation against TPR; (iii) be primary and non-contributory; (iv) include a severability of interests clause and such other provisions as we may require. You irrevocably appoint TPR as your agent and attorney-in-fact for purposes of submitting, negotiating, and settling claims on all such policies. 

Damage Waiver: If and only if, we have offered, and you have paid for our OPTIONAL LIMITED DAMAGE WAIVER (“LDW”) (set forth on P.1, if available) in advance of the Term, you will have no liability to us for 90% of the repair/replacement costs for physical damage to Item(s) covered by LDW (“Covered Item(s)”); provided however, that you will, remain fully liable for: (a) all loss of and damage to: (i) Item(s) not covered by LDW; (ii) Covered Item(s) lost or damaged during transportation and/or as a result of: (A) any breach of this Contract by you or your agents, employees, sublessees, transferees, borrowers, invitees, successors and/or assigns; (B) theft or other failure to timely return Covered Item(s) to us; (C) negligence, misuse and/or abuse of Rented Item(s) (including submerging, overturning and overloading); and (b) 10% of all repair and replacement costs across all Covered Item(s).. You may decline LDW if you provide the property/physical damage/inland marine insurance referenced in § 9. LDW IS NOT INSURANCE, NOR IS IT A WARRANTY. NO WARRANTIES: ALL OF THE ITEM(S) ARE PROVIDED “AS-IS.” NEITHER TPR NOR ANY TPO, MAKES ANY WARRANTY(IES), EXPRESS OR IMPLIED (INCLUDING ANY WARRANTY(IES) OF MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE, FUNCTION, DESIGN, QUALITY, CAPACITY, FREEDOM FROM DEFECTS, CONTAMINATION AND/OR GOOD AND WORKMANLIKE PERFORMANCE, AS WELL AS ANY WARRANTY(IES) ARISING FROM OR IN CONNECTION WITH ANY COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE) REGARDING ANY ITEM(S) OR SERVICE(S) REFERENCED HEREIN, NOR DOES MCCARTHY TENTS & EVENTS, LLC OR ANY TPO MAKE ANY WARRANTY(IES) AGAINST INTERFERENCE OR INFRINGEMENT, ALL OF WHICH YOU HEREBY WAIVE. NO DESCRIPTIONS, 



HARMLESS, TAMASANG PARTY RENTAL LLC, EACH TPO, and their respective owners, shareholders, members, managers, officers, directors, partners, agents, affiliates, employees, insurers, subrogees, representatives, successors and assigns (each, an “Indemnitee”), for, from and against all such RISKS, as well as all other liabilities, claims, damages, losses, costs and expenses (including without limitation, attorneys’ fees) arising from and/or in connection with the Rented Item(s), this Contract and/or any breach hereof by you, your agents, employees, contractors, guests, invitees, sublessees, successors and/or assigns; and except only as provided in § 5, (C) WAIVE all rights and remedies available under the Uniform Commercial Code, as well as all direct, indirect, incidental, consequential, general, special, exemplary and punitive damages, against each and every Indemnitee. 

Protection and Return: You agree to protect, properly maintain, and care for each Rented Item at all times, keep it safely and securely stored and locked when not in use, and return it to us on time at the end of the Term, complete, clean, free of contamination, burns, cuts, stains, discoloration, adhesive, tape, and debris, in good condition, properly serviced and maintained, and if applicable, full of the appropriate fuel, fluids and lubricants. If you fail to do so, then in addition to your other obligations arising under this Contract, you will pay us: (a) Rent for each succeeding full rental period until all Rented Item(s) have been returned or replaced as required; and (b) all costs and expenses we incur in connection with such failure (including without limitation, all costs of cleaning, repairs, maintenance and/or replacement(s) of/to the Rented Item(s)). Certain Items may be delivered on pallets, or in crates, cartons, or boxes, and may be stacked, bagged, racked, folded, rolled and/or strapped (“Packed”). Upon return, you will ensure that all Rented Items are properly Packed. YOU AGREE NOT TO PACK ANY RENTED ITEM UNLESS IT IS COMPLETELY DRY. IMPROPER PACKING MAY RESULT IN MOLD, MILDEW OR OTHER DAMAGE, FOR WHICH YOU WILL BE LIABLE. 

General Provisions: We may, without further notice or liability to you, inspect and/or monitor (in person or electronically, including via GPS and/or telematics) any Item(s) at any time, and all information obtained will be our property. You consent thereto and waive all associated claims and damages. You grant to TPR a perpetual, royalty free, worldwide, right and license to create, edit, display, and distribute one or more images of your event(s) that include one or more Rented Item(s). If any performance required of us is delayed or impaired as a result of any act or omission of/by you, any Other Provider(s) or any “Act of God,” event of force majeure, or any other event, fact or circumstance beyond our reasonable control (including fire, flood, storm, earthquake, tsunami, war, terrorism, power surge or outage, epidemic, pandemic, and governmental and regulatory actions), we will be excused from such performance.


You waive the benefits of all statutes of limitations regarding our rights and remedies. All amounts due hereunder but not timely paid will bear interest at the lesser of: (a) 18% per annum; or (b) the highest rate permitted under applicable law until paid. You authorize us to submit all amounts due and coming due hereunder to any debit or credit card(s) you provide. You agree to pay us the maximum lawful charge for any check you write which is returned unpaid. Our maximum liability in connection with this Contract is limited to the Rent we receive from you hereunder for the Item(s) identified on P.1. You will pay all sales, use and other taxes, as well as all tolls, fines, fees, assessments, and other charges related to the Rented Item(s) and/or this Contract. If any legal action is commenced in connection herewith, we will be entitled to recover from you our associated attorneys’ fees, costs, and expenses if we prevail. Neither our exercise, nor our failure or delay in the exercise, of any rights or remedies available under or in connection with this Contract will constitute an election or waiver of any of our rights or remedies, all of which are cumulative. 

Default: Your Rental is a “net” rental. Your obligations under this Contract are absolute and unconditional, and will not be subject to any abatement, reduction, set-off, counterclaim or deferment. If you or any guarantor shall: (a) fail to fully and timely honor, pay, perform or comply with this Contract, any other agreement(s) (“Other Contract(s)”) between you and TPR, and/or any of your obligations arising (t)hereunder or in connection (t)herewith; (b) provide any incorrect or misleading information to us; (c) become insolvent or bankrupt; or (d) die or cease conducting business; (e) if TPR shall deem itself insecure, or if any Rented Item(s) shall be lost or unless covered by LDW per § 10, damaged, you will be in default under this Contract and such Other Contract(s), whereupon, we may with or without legal process or notice (and without liability to you), to the maximum extent permitted under applicable law: (i) cancel the Term and/or the subject Contract(s) (and/or your rights to use and possess the Rented Item(s)); (ii) seek relief from stay; (iii) recover, empty, lock, restrict, shut down, disassemble and/or disable such Item(s) without being guilty of breach, trespass or wrongful interference, or liable for any injuries or property damage (for which you agree to indemnify, defend and hold harmless each Indemnitee); (iv) perform your obligations (t)hereunder on your behalf, without being obligated to do so; (v) purchase replacement Item(s); (vi) recover from you and/or any guarantor our associated direct and indirect damages, losses, costs and expenses (including without limitation, Rent for the entire scheduled Term, overtime, loss of use, interest, attorneys’ fees, retrieval/repossession costs, and collection costs); and/or (vii) pursue any one or more other rights and/or remedies available (t)hereunder, at law and/or in equity, all of which are cumulative. 

Miscellaneous: This Contract, and any “Addenda” we provide, (including without limitation, our Evacuation Plan Guidelines, Safety Rules and Inspection and Acceptance Certificate) each of which is incorporated herein, constitute(s) the entire agreement between you and TPR, superseding all other agreements and representations. The terms of this Contract are severable. If any provision shall be deemed invalid or unenforceable by any court of competent jurisdiction, such provision will be deleted, and the remainder of this Contract will remain valid and enforceable. This Contract cannot otherwise be modified without our written consent. Time is of the essence. These Terms and Conditions apply to all Item(s) identified on P.1, and to all other items you obtain from us at any time (unless we otherwise agree in writing). This Contract shall bind and be enforceable by and against you, TAMASANG PARTY RENTALS, LLC, the other Indemnitees and their respective permitted successors and assigns (there being no other third-party beneficiaries hereto). This Contract shall be interpreted and enforced under the laws of New York. At the option of TPR, dispute(s) with respect to this Contract and/or its subject matter shall be submitted to binding ARBITRATION before a single arbitrator selected by TPR at the offices of the American Arbitration Association located in or nearest to Rochester, NY. Proper venue for all other civil legal actions commenced in connection herewith shall lie solely in the federal, state, and local courts located in or nearest to Monroe County, NY (unless waived by TPR). You consent and submit thereto and waive all claims that such venue lies in an inconvenient forum. EACH PARTY HEREBY WAIVES ITS RIGHTS TO: (A) PARTICIPATE IN ANY JOINT, COLLECTIVE OR CLASS ACTION; AND (B) TRIAL BY JURY. Digital, electronic, photocopied, and facsimiled signatures and initials appearing hereon will be deemed originals. 

WARNING: Important consumer protections may not apply if this Contract indicates that Lessee is leasing the Rented Item(s) primarily for agricultural, business, or commercial use. 

WARNING: Wrongfully obtaining, exercising control over, or diverting the use of, the property or services of another may be deemed THEFT exposing you to civil liability and/or CRIMINAL PENALTIES. See New York Penal Law § 165.15, et seq, and its/their successor provision(s) for details. 

LESSEE ACKNOWLEDGES THAT A LARGE-PRINT VERSION OF THESE TERMS AND CONDITIONS HAS BEEN MADE AVAILABLE TO LESSEE Copyright © EquipmentRentalContracts.com, LLC. All rights reserved. Unauthorized reproduction and/or distribution expressly prohibited.