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. 

SAFETY WARNINGS: THE RENTED ITEM(S) CAN BE DANGEROUS, AND MAY MOVE, SHIFT, TIP, SINK, OVERTURN, LEAK, OR COLLAPSE, PARTICULARLY DURING SEVERE 

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, 

SPECIFICATIONS, DEPICTIONS OR ADVERTISEMENTS CONSTITUTE REPRESENTATIONS OR WARRANTIES BY TPR OR ANY TPO. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS CONTRACT.