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Actual Size: 5ft x 12ft
Category: Pipe and Drape
Wrinkle-Free Premium Fabric: Made from soft and silky wrinkle-free material, this 12ft backdrop offers an exceptional touch feel. Expertly sewn for durability, the smooth polyester drapes naturally, adding elegance and romance to your wedding or event.
In addition to the terms below, and the operation guidelines on each rented item, the Lessee (customer) agrees to supervise the operation of any rented item and further agrees that if the item is damaged that he/she will reimburse JDS Party Rentals for the full price to fix the damage and/or the full replacement value of the rented item. Before signing this contract, Lessee agrees that he/she has read the entire contract, has agreed to all terms and conditions herein, and has had all questions he/she may have answered to the Lessee’s full satisfaction and understanding.
Lessor, hereby agrees to lease to lessee the equipment described on the face of this agreement or in attached schedules in accordance with the following:
1. ISSUES. ANY PROBLEMS WITH ANYTHING IN YOUR ORDER (EQUIPMENT, SOFTWARE, LOGISTICS, ETC), CALL/TEXT US AT (248) 825-3395 OR EMAIL INFO@JDSPARTYRENTALS.COM. NO CREDIT AND/OR REFUND WILL BE ISSUED IF THIS IS NOT FOLLOWED.
2. DELIVERY. First Floor/Dock/Or closest point accessible to delivery van/truck. Any delivery point at a distance from the vehicle will be charged additional delivery fees. Rental fee includes set up of tents larger than 10'x10', stages and dance floor. Rental fee does not include set up of equipment or breakdown of equipment.
3. PICKUP. All items are to be "stacked and packed" as delivered. Tables and chairs to be folded and stacked. All crates, boxes, delivery bags etc. are to be packed and returned with rental items, or replacement cost for those storage containers will be charged to customer.
4. MISSING/DAMAGED ITEMS. Customer will be billed replacement cost of any and all rental items missing or damaged upon return. This includes stained linen, chipped china/glassware, missing items, etc. once the order is "checked in" at our warehouse.
5. UNDERGROUND FACILITIES. Lessee agrees to have all underground facilities (i.e. water, gas, power lines, sprinkler systems, etc.) in the vicinity of the equipment installation, clearly marked prior to the arrival of the Lessor's work crews. Lessee assumes full responsibility for damage to all underground facilities.
6. TITLE AND OWNERSHIP. The leased equipment shall at all times be and remain the sole and exclusive property of Lessor. Lessee shall have only the rights to use the equipment in accordance with the terms of this agreement. Lessor shall have the right to display notice of it's ownership of the equipment by display of an Identifying stencil, plate or other marking, and Lessee agrees that it will not remove or cover such markings without Lessor's written permission.
7. INSPECTION. Lessee acknowledges that he has had an opportunity to personally inspect the equipment and finds it suitable for his needs and in good condition. Lessee understands it's proper use. Lessee further acknowledges Lessee responsibility to inspect the equipment prior to its use and to notify Lessor of any defects. Any problems with equipment, can us 24 hours a day @ (248) 825-3395 or no credit will be issued.
8. REPLACEMENT OF MALFUNCTIONING EQUIPMENT. If the equipment becomes unsafe or in disrepair for any reason, Lessee agrees to discontinue it's use and notify Lessor. Lessor will repair or replace the equipment with similar equipment in good working order if available, and if the defect is the result of normal use. Lessor is not responsible for any incidental or consequential damages caused by delays or otherwise, and Lessee hereby waives any right or entitlement thereto.
9. WARRANTIES. Lessor is not the manufacturer of the rented property nor the agent of the manufacturer, and no warranty against patent or latent defects in material workmanship or capacity is given, and Lessee expressly waives all such warranties of fitness which may be accorded by law or otherwise. There are no warranties of merctlantability or fitness, either express or implied. There is no warranty that the equipment is suited for customer's intended use, or that it is free from defects, and any and all such warranties of fitness, or otherwise, are expressly and specifically waived by customer.
10. HOLD HARMLESS AGREEMENT. Lessee shall defend, indemnify and hold harmless Lessor it's employees, agents and subsidiaries, from and against all claims, liabilities, losses, damages to property or otherwise, and expenses, of every character whatsoever, resulting from the actions, negligent or otherwise, of Lessee. Lessee's employees and agent of Lessee or Lessee subcontractor. The indemnities included in this exhibit shall include reasonable attorneys fees paid by Lessor in defending suit and actions involving liability covered by indemnification provision in this paragraph.
11. TIME OF RETURN. Lessee right of possession terminates on the expiration of the rental period and retention of possession after this time constitutes a material breach of Lessee's obligations under this contract. Time is of the essence in this agreement. Any extension must, at Lessor's election be mutually agreed upon in writing.
12. ASSIGNMENTS, SUBLEASES AND LOANS OF EQUIPMENT. The Lessor may assign it's right under this contract without the Lessee's consent, but will remain bound by all obligations herein. The Lessee may not sublease or loan the equipment without the Lessor's written permission. Any purported assignment by the Lessee is void.
13. RETURN OF EQUIPMENT. At the termination of this agreement, Lessee shall return all the equipment to the Lessor's premises during Lessor's regular business hours, in the condition and repair as when delivered to Lessee, subject only to reasonable wear and tear. Lessee shall be liable for all damages to or loss of the equipment occurring because it was not returned within Lessor's regular business hours. If Lessor has agreed to deliver the Equipment to Lessee or to pick up the Equipment from Lessee, Lessee shall be responsible for all losses or damage to the Equipment from the time of delivery and until picked up by Lessor.
14. INSPECTION BY LESSOR. Lessor at all times shall have the right to enter any premises where the Equipment may be located for purposes of inspecting it, observing its use, or removing it from Lessee's premise.
15. PERMITS AND LICENSES. Lessee shall at it's own expense, and prior to installation provide all necessary permits, Licenses, and other consents.
16. LINENS. Table and/or chair linens are inspected prior to pickup and upon return. DO NOT ROLL UP OR PLACE WET LINENS IN ANY BAG - mildew will result. If there is obvious damage such as mildew, excessive stains, burns or tears, you will be charged the cost of the linen and keep same as though it were a sale. Return all linens dry and free of waste.
17. DIRTY, OR DAMAGED EQUIPMENT. Lessee agrees to pay for any damage to rented equipment regardless of cause, except reasonable wear and tear, while equipment is out of possession of Lessor. Lessee also agrees to pay a reasonable cleaning charge for all equipment returned dirty. Accrued rental charges cannot be applied against the purchase or cost of repair or damaged goods. Rental Equipment damaged beyond repair will be paid for by Lessee at its Replacement Cost when rented. The cost of repairs will be borne by Lessee, whether performed by Lessor, or at the Lessor's option by others.
18. THEFT OF EQUIPMENT. The Lessee agrees to pay for equipment at its replacement cost when rented for all types of theft or mysterious disappearance. Damage Waiver does not cover theft.
19. COLLECTION COSTS. The Lessee agrees to pay all reasonable collection attorneys and court fees and other expenses involved in the collection of charges or enforcement of the Lessor's rights under this contract.
20. WEATHER RELATED RISKS. Lessee assumes all weather related risks involved in holding an outdoor tented event. Lessor will endeavor to minimize said risk, however, should the tenting become unusable due to high wind, snow, rain, flooding, extreme cold or heat, or any other factor beyond Lessor's control, Lessee shall still be liable for payment in full of all charges.
21. PREPARATION OF SITE. Lessee agrees to have site upon which the equipment is to be erected, free and clear of all obstacles, natural and man made, prior to the arrival of the Lessor's work crew. Lessee further agrees to have all tents cleared for removal prior to our arrival. All non-leased equipment and decorations shall be cleared and taken from the site. If Lessee fails to do so, then Lessee shall pay all costs involved in the delay, additional rental, and all costs including collection and legal expenses.
22. MATERIAL. All tents are subject to stretching and retracting of up to 5% of listed sizes and although all tents have been impregnated with waterproofing compound, no tents are guaranteed to be absolutely waterproof, and are to be considered temporary shade structures.
23. COOKING UNDER TENTS. Lessee agrees not to do any type of cooking under or within a reasonable distance of the tent. Lessee assumes full responsibility and costs incurred for damage and or cleaning expense to tent tops due to cooking processes under or near tents.
24. ELECTRIC POWER AND LIGHTING. Lessee agrees to furnish Lessor access to, and the right to use Lessee's electrical and power lines for the installation and operation of the rented equipment.
25. RETAINERS. Reservation retainers are non-refundable.
26. ADDITIONS/ DELETIONS TO RESERVATION. No deletions or reductions accepted 30 days prior to event. Additions may be made up to one week prior.
27. CORPORATE PAYMENTS. Our standard payment terms are Net 10 Days. The maximum is Net 30 Days with Owner's approval. Any discounts extended on invoices that are 90 Days past due, will have discount removed from all past due invoices. No discounts will be applied to any invoices until account is brought current.
JDS Events – PHOTOGRAPHY / PHOTO BOOTH AGREEMENT - TERMS AND CONDITIONS
1. CONTRACT: A signed contract and retainer are required to reserve the dates and times of the event(S). Upon your signature and retainer, JDS Events will reserve the time and date agreed upon, and will not make other reservations for that time and date. For this reason, the Reservation retainer is non-refundable, even if the date is changed or event canceled for any reason, including acts of God, fire, lightening strike, and extreme weather. The Reservation retainer is to be paid at time of signing the contract. The Reservation retainer is applied towards the contracted event package. CLIENT understands and agrees that the entire amount owed for the event package described in the contract is due on the day of the event, or, on the Outstanding Balance Due date (if specified). CLIENT agrees if the balance is not paid by this time, JDS Events will not service the event, with a loss of Reservation retainer by CLIENT and no liability to JDS Events.
2. EVENT SCHEDULE: The CLIENT agrees to confirm the schedule one-week prior to the event(S). Notification of any changes in schedule or location must be made in a timely manner and confirmation of receipt must be obtained from JDS Events by the CLIENT.
3. PRE-EVENT CONSULTATION: The parties agree to a pre-event consultation before the event in order to finalize the actual shooting times, locations, and CLIENT’s request list (in writing) for specific photographs. The CLIENT will be responsible for, or have someone designated, to identify people of whom specific photographs are desired. The PHOTOGRAPHER will not be held accountable for not photographing desired people if there is no one to assist in identifying people or gathering people for group photographs.
4. EXCLUSIVITY / GUEST PHOTOGRAPHY If the PHOTOGRAPHER is the sole professional PHOTOGRAPHER at the event (as specifIed in the event Details), it is understood that the PHOTOGRAPHER will be the only one allowed to photograph the event. In which case, amateur photographers may take photos during the event if they do not interfere with the contracted PHOTOGRAPHER and are not shooting the PHOTOGRAPHER’s same posed shots. If a problem arises with any guest or attendee(s) the On-site event Contact will be advised to handle the situation politely for the PHOTOGRAPHER by enforcing the conditions of this agreement.
5. SAFETY: The PHOTOGRAPHER reserves to right to terminate coverage and leave the location of the event(S) if the PHOTOGRAPHER from the PHOTOGRAPHER experiences inappropriate, threatening, hostile or offensive behavior from person(s) at the event(S); or in the event that the safety of the PHOTOGRAPHER from the PHOTOGRAPHER is in question.
6. CO-OPERATION OF GUESTS AND OTHER SERVICE PROVIDERS: The CLIENT is responsible for the conduct of the guests. Co-ordination with other service providers may be necessary to complete all the photography as scheduled. The CLIENT should share the photography schedule with other service providers to make sure that there are no conflicts with times. In addition, events during the event should be planned to make the best use of time for all vendors. The PHOTOGRAPHER will not tolerate verbally or physically abusive behavior, nor will the PHOTOGRAPHER share its time or compete with guest PHOTOGRAPHERs for the attention of the subjects.
7. SHOOTING TIME / ADDITIONS: The CLIENT and the PHOTOGRAPHER agree that cooperation and punctuality are essential to accomplish the goals and wishes of all parties. Shooting commences at the scheduled start time and ends at the scheduled end time. If the CLIENT does not arrive at the appointed time for the event(S), shooting will commence at the scheduled start time and end at the scheduled end time. All additional time beyond the scheduled end time will be billed to the CLIENT.
8. RESPONSIBILITIES: The PHOTOGRAPHER is not responsible for compromised coverage due to causes beyond the control of the PHOTOGRAPHER including but not limited to obtrusive guests, tardiness of the CLIENT or guests, weather conditions, schedule complications, incorrect addresses provided to the PHOTOGRAPHER, rendering of decorations, or restrictions of the locations. The PHOTOGRAPHER is not responsible for backgrounds or lighting conditions which may negatively impact or restrict the photo coverage. The PHOTOGRAPHER is not held liable for missed coverage of any part of the event(S). The PHOTOGRAPHER will not be held accountable for failure to deliver images of any individuals or any objects at the event(S).
9. VENUE AND LOCATION LIMITATIONS: The PHOTOGRAPHER is limited by the rules and guidelines of the location(s) and site management. The CLIENT agrees to accept the technical results of their imposition on the PHOTOGRAPHER. Negotiation with the officials for moderation of guidelines is the CLIENT’s responsibility; the PHOTOGRAPHER will offer technical recommendations only. Although every possible care will be taken to produce photographs of all important and special moments during the event, the PHOTOGRAPHER cannot place an unconditional guarantee on the above. The PHOTOGRAPHER will not be held responsible for any ruined photographs due to guests’ (or any other) flashes; or any other ruined photographs due to any other cause in or outside of the PHOTOGRAPHER’s control.
10. PERMITS: The CLIENT is responsible for acquiring all permits and necessary permission for all locations on which the PHOTOGRAPHER will be performing services.
11. FILM and COPYRIGHTS: The photographs produced by the PHOTOGRAPHER are protected by Federal Copyright Law (all rights reserved) and may not be reproduced in any manner without the PHOTOGRAPHER’s explicitly written permission. If the CLIENT has purchased an “Image DVD” or “Image Flash Drive” from the PHOTOGRAPHER, upon final payment by the CLIENT, limited copyright ownership of the resulting images will be transferred to the CLIENT. If the CLIENT has purchased an “Image DVD” from the PHOTOGRAPHER, the PHOTOGRAPHER grants the CLIENT permission to share the images on social networking websites, with family and friends, and on vendor websites as long as the images remain unaltered and textual credit is explicitly given to the PHOTOGRAPHER. The CLIENT must obtain written permission from the PHOTOGRAPHER prior to publishing or selling the photographs.
12. LIMIT OF LIABILITY: In the unlikely event that the assigned PHOTOGRAPHER from the PHOTOGRAPHER is unable to perform to the guidelines of this contract due to an injury, illness, act of God, act of terrorism, or other cause beyond the control of the PHOTOGRAPHER, the PHOTOGRAPHER will make every effort to secure a replacement. If the situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received for the event(S).In the unlikely event that digital files have been lost, stolen, or destroyed for reasons beyond the PHOTOGRAPHER’s control, including but not limited to camera, hard drive, or equipment malfunction, the PHOTOGRAPHER liability is limited to the return of all payments received for the event(s). The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of total number of originals. The PHOTOGRAPHER is not liable for the loss of images beyond the lesser of the final delivery of all products included in the package or one year.
13. CAPTURE AND DELIVERY: The PHOTOGRAPHER is not liable to deliver every image taken at the event. The determination of images delivered to the CLIENT is left to the sole discretion of the PHOTOGRAPHER.
14. POST PRODUCTION AND EDITING: The final post production and editing styles, effects, and overall look of the images are left to the sole discretion of the PHOTOGRAPHER.
15. PAYMENT SCHEDULE: The aforementioned nonrefundable retainer is due at the time of signing of agreement. The remaining balance is payable in full prior to or the day of the event(S). In the event the CLIENT fails to remit payment as specified, the PHOTOGRAPHER shall have the right to immediately terminate this agreement with no further obligation, retain any monies already paid, and not attend the event(S). Returned checks will be assessed a $50.00 non-sufficient funds fee.
16. PRICING: Services or merchandise not included in this initial contract will be sold at the current price when the order is placed. All prices are subject to change at any time without notice. Credit vouchers have no intrinsic cash value and may only be applied toward merchandise purchased from the PHOTOGRAPHER.
17. REPRINT ORDERS: If a disc of the digital photos is not part of the agreed Assignment Package, reprints (or additional prints) of photos and other products may be ordered by the CLIENT, through the PHOTOGRAPHER, or Online Photo Gallery, if included in the package, at listed prices.
18. AMENDMENTS: This contract has been freely negotiated and shall be recognized as the entirety of the agreement, and only those changes or modifications specifically placed in writing, attached, signed and dated by the CLIENT and the PHOTOGRAPHER at the time of this signing shall be recognized as amendments to this contract.
Additional Terms of Lease: JDS Party Rentals is not responsible for bad weather, disruption of electrical service and/or unfavorable conditions that may arise and no charges or fees will be reimbursed as a result. ABSOLUTELY NO silly string or similar items, such as, but not limited to, food, drinks, confetti, foam or trash, in or around the unit at any time !!! Silly string and like objects will cause permanent damage to the unit and lessee will be responsible for the full replacement value of the rented unit and/or assessed a $75.00 cleaning fee if the unit is determined not to be permanently damaged. Lessee agrees not to operate the unit(s) in a manner contrary to this contract and the rules of use on each unit. If lessee operates the unit (s) in a manner contrary to the contract and rules of use on each unit, and the unit is damaged, Lessee agrees to pay the cost or repair or full replacement value of any damaged equipment or unit.
Lessee agrees that the equipment leased is for Lessee’s own use and said equipment is not be loaned, sub-let, mortgaged or in any other manner disposed of by Lessee. Lessee further agrees to be liable for any loss of said equipment by reason of fire, theft, or any other cause.
Hold Harmless Provisions: Lessee agrees to indemnify and hold JDS Party Rentals harmless from any and all claim, actions, suits, proceedings, costs, expenses, fees, damages and liabilities, including, but not limited to, reasonable attorney’s fees and costs, arising by reason of injury, damage, or death to persons or property, in connection with or resulting from the use of the leased equipment. This includes, but is not limited to, the manufacture, selection, delivery, possession, use, operation, or return of the equipment. Lessee hereby releases and holds harmlessJDS Party Rentals from injuries or damages incurred as a result of the use of the leased equipment.JDS Party Rentals cannot, under any circumstances, be held liable for injuries as a result of inappropriate use, God, nature, or other conditions beyond its control or knowledge. Lessee also agrees to indemnify and hold harmless JDS Party Rentals from any loss, damage, theft or destruction of the equipment during the term of the lease and any extensions thereof.
Disclaimer of Warranties: JDS Party Rentals makes no warranty of any kind, either express or implied, as to the condition of or performance of any leased equipment and Lessee agrees to immediately cease use of the equipment and contact JDS Party Rentals if any of the lease equipment develops any indication defect or improper working conditions. Lessee agrees to use the equipment at Lessees own risk.
By signing below, you agree to adhere to the terms and conditions outlined in the rental agreement above.
Customer Name: _________________________________
Signature: _________________________________ Date: __________10/26/202610:35 PM_____________
Have the peace of mind knowing that for a small percentage of your total rental costs, you will not be held liable for any accidental damage that may occur to our equipment during your rental. The damage waiver does not include intentional damage, negligence or theft. (Recommended)
For your protection, a non-refundable Damage Waiver fee of 7% is applied to all rental contracts. This waiver is intended to cover the cost of accidental, minor damage that may occur during the normal and proper use of the equipment.
If the Damage Waiver is accepted and paid for, [Company Name] agrees to waive its right to recover from the Renter the cost of repair or replacement for:
Accidental damage (e.g., a small tear in a tent canopy, a broken chair leg from normal use).
Minor wear and tear beyond standard expectations.
Damage caused by weather (e.g., wind damage to a properly secured popup tent), provided the Renter followed all safety and securing instructions provided at the time of rental.
The Damage Waiver is void if the damage is the result of gross negligence, misuse, or intentional acts. Specifically, the waiver does not cover:
Loss or Theft: The Renter is 100% responsible for any equipment that is missing, lost, or stolen while in their possession.
Mysterious Disappearance: Any items not returned for any reason.
Negligent Use: Damage resulting from overloading, improper operation, or using equipment for a purpose other than its intended use.
Vandalism: Malicious or intentional damage caused by the Renter or guests.
Sub-Rental: Damage occurring while the equipment is in the possession of a third party not listed on the contract.
In the event of damage, the Renter must notify JDS Party Rentals immediately. Failure to report damage prior to the scheduled return time may result in the forfeiture of the waiver protection and the assessment of full replacement fees.
