Rental Agreement

1. Equipment Rented

The equipment rented under this Agreement (“Equipment”) includes all items identified on the invoice, quote, order confirmation, delivery confirmation, online booking, or related documentation incorporated into this Agreement by reference.

Equipment may include, but is not limited to:

• Bloom bars / flower carts
• Umbrellas
• Beach chairs
• Folding chairs
• Folding tables
• Lawn and backyard games
• Giant Jenga / Renga
• Giant Connect 4
• Ring toss games
• Decorative event equipment
• Display structures
• Event accessories

All equipment is used at the Renter’s sole risk.

2. Rental Period

The rental period begins upon delivery, pickup, or transfer of possession of the Equipment to the Renter and ends when all Equipment is returned to and accepted by the Company.

• Late returns may result in additional rental charges of up to $50 per day per item or the maximum amount allowed by law.
• Equipment not returned within three (3) calendar days after the agreed return date may be deemed lost or stolen.
• The Renter authorizes the Company to charge the replacement value of unreturned Equipment to the payment method on file.

3. Condition of Equipment

The Renter acknowledges and agrees that:

• All equipment was inspected prior to delivery or pickup.
• Equipment is accepted “AS IS” and in good working condition unless otherwise noted in writing at the time of receipt.
• The Renter must inspect all Equipment immediately upon receipt.
• Any concerns, defects, or damages must be reported before use.
• Continued use of Equipment constitutes acceptance of its condition.

The Renter acknowledges that the Company has not made any guarantee regarding the suitability of the Equipment for any specific use, venue, terrain condition, weather condition, or event purpose.

The Company makes no guarantees that Equipment will match specific colors, themes, aesthetic expectations, event décor, or venue requirements unless expressly agreed to in writing.

The Renter acknowledges that they are not relying upon any verbal statements, recommendations, representations, guarantees, or advice made by the Company or its employees that are not expressly contained in this Agreement.

4. Assumption of Risk

The Renter understands that use of the Equipment involves inherent risks, including but not limited to:

• Trips, falls, or slips
• Tipping equipment
• Collapse of tables or chairs
• Wind-related hazards
• Splinters or pinched fingers
• Impact injuries
• Property damage
• Child injuries
• Improper setup
• Outdoor terrain risks
• Weather-related conditions
• Unsupervised use
• Misuse of equipment

The Renter voluntarily assumes all risks, known or unknown, related to the delivery, setup, use, possession, transport, or storage of the Equipment.

All outdoor equipment, including umbrellas, bloom bars, display structures, and lawn games, is used at the Renter’s sole risk.

5. Release of Liability and Negligence Waiver

To the fullest extent permitted under California law, the Renter releases, waives, discharges, and holds harmless the Company, its owners, members, managers, employees, contractors, agents, representatives, successors, and affiliates from any and all claims, demands, causes of action, damages, losses, costs, or liabilities arising out of or related to:

• Use of the Equipment
• Delivery or transport of the Equipment
• Setup or storage of the Equipment
• Failure of the Equipment
• Misuse of the Equipment
• Weather conditions
• Property damage
• Bodily injury
• Personal injury
• Wrongful death

Including claims arising from the alleged negligence of the Company.

The Renter acknowledges that the Company has made no representation, warranty, or guarantee that use of the Equipment will be free from risk of injury, damage, hazard, or accident.

The Renter understands that this is a release of liability and a waiver of certain legal rights.

Nothing in this Agreement is intended to waive liability or rights that cannot legally be waived under California law, including liability arising from gross negligence, reckless conduct, or willful misconduct.

6. Indemnification

The Renter agrees to indemnify, defend, and hold harmless the Company and its owners, employees, contractors, and agents from and against any and all claims, lawsuits, liabilities, damages, judgments, losses, fines, penalties, costs, and expenses, including reasonable attorney fees, arising out of or related to:

• Use or misuse of the Equipment
• Injuries to any person
• Property damage
• Violations of venue rules or laws
• Failure to supervise minors
• Improper setup or storage
• Transportation by the Renter
• Event operations

This obligation survives termination of this Agreement.

7. Safety Acknowledgment & Proper Use

Client acknowledges that the rental equipment provided by Company is intended for temporary recreational and decorative use only and may present inherent risks of injury, property damage, or death if used improperly, negligently, unsafely, or without appropriate supervision.

Client agrees to use, maintain, and supervise all rental equipment in a safe and responsible manner and to ensure that all guests, attendees, invitees, and participants comply with all safety instructions and use restrictions.

Client further acknowledges and agrees to the following:

• Giant Jenga towers may become unstable during gameplay, and falling blocks may cause bodily injury, including injuries to hands, fingers, feet, or other body parts.
• Connect 4 games and similar freestanding equipment may tip, collapse, or shift if climbed on, leaned on, misused, or placed on uneven or unstable surfaces.
• Cornhole boards, ring toss games, and other lawn games should only be used in open, level areas free from hazards, walkways, obstructions, traffic areas, or unsafe conditions.
• Rings, bean bags, game pieces, and other equipment components may cause injury if thrown aggressively, used improperly, or used in unintended ways.
• Tables, flower bars, umbrellas, display stands, arches, backdrop equipment, and similar rental items must remain on stable and appropriate surfaces and must be monitored at all times during use, particularly during outdoor events or windy conditions.
• Equipment should not be used during unsafe weather conditions, including high winds, rain, storms, excessive heat, or other hazardous environmental conditions.
• Umbrellas must be closed immediately during wind gusts, unsafe weather, or whenever conditions could cause instability or tipping. The Renter assumes all risks associated with outdoor umbrella use and weather-related hazards.
• Children and minors must be actively supervised by a responsible adult at all times while near or using rental equipment.
• Client is solely responsible for determining whether the setup location and surrounding environment are safe and appropriate for use of the rental equipment.

Client assumes full responsibility and liability for the safe use, operation, supervision, possession, and control of all rental equipment from the time of delivery until the equipment is returned to Company.

Company shall not be responsible for injuries, damages, losses, or claims arising from:

• misuse of equipment,
• failure to supervise participants or minors,
• unsafe environmental conditions,
• improper setup or relocation by Client or guests,
• or use of equipment contrary to Company instructions.

Client acknowledges that Company is not responsible for supervising guests, monitoring gameplay, enforcing safety practices, or preventing unsafe conduct during the event.

8. Delivery, Setup, and Transfer of Responsibility

Unless otherwise agreed in writing:

• Delivery does not include ongoing monitoring or supervision.
• Responsibility for the Equipment transfers to the Renter immediately upon delivery, setup completion, or pickup.
• The Renter is solely responsible for inspecting the Equipment and ensuring continued safe conditions throughout the rental period.
• The Company is not responsible for injuries or damages occurring after possession transfers to the Renter.
• The Company has no ongoing duty to inspect, monitor, maintain, reposition, secure, repair, supervise, or re-check the Equipment after delivery, setup completion, or transfer of possession to the Renter.

If the Company assists with setup, the Renter remains responsible for monitoring conditions including:

• Weather
• Wind
• Ground stability
• Children
• Crowd interaction
• Venue safety

The Renter acknowledges that the Company does not control the premises, venue conditions, environmental conditions, guest conduct, crowd activity, property conditions, or overall event operations.

No employee, delivery personnel, contractor, or representative of the Company has authority to verbally modify this Agreement, waive safety requirements, guarantee safety conditions, or make representations outside the written terms of this Agreement.

Any setup suggestions, positioning recommendations, or safety comments provided by the Company or its personnel are courtesy opinions only and do not transfer responsibility away from the Renter.

9. Minors

The Renter acknowledges that Equipment may pose risks to children.

The Renter agrees:

• minors must be continuously supervised,
• Equipment is not playground equipment unless specifically designated,
• the Company is not responsible for supervision of guests or attendees.

10. Prohibited Uses

The Equipment may not be:

• Used unlawfully
• Used while intoxicated or under the influence of drugs
• Used recklessly or unsafely in connection with intoxicated guests
• Used in unsafe weather
• Used in public spaces without permits
• Subleased or loaned
• Used for commercial gain by third parties
• Altered or modified
• Left unattended in unsecured public areas

11. Damage, Loss, Theft, and Cleaning

The Renter is fully responsible for:

• Damage
• Theft
• Loss
• Missing parts
• Vandalism
• Excessive dirtiness
• Water damage
• Sand damage
• Pet damage
• Smoke damage

The Renter agrees to return all Equipment in the same condition received, reasonable wear and tear excepted. The Renter remains fully responsible for all Equipment during the rental period, including damage, theft, vandalism, weather-related damage, misuse by guests or third parties, accidental damage, or unexplained disappearance, regardless of fault or who caused the damage or loss while the Equipment is in the Renter’s possession or control.

The Company may charge:

• repair costs,
• replacement costs,
• cleaning fees,
• labor costs,
• administrative costs,
• loss-of-use damages.

The Company may document damages, missing items, cleaning conditions, or Equipment condition through photographs, videos, inspection reports, invoices, delivery records, or other documentation. Such documentation may be used as evidence in disputes, collections, arbitration, litigation, insurance claims, or chargeback proceedings.

The Company reserves the right to conduct inspections immediately upon return or within a reasonable period after return. Hidden or internal damage may not be immediately discoverable at the time of pickup or return.

The Renter authorizes the Company to process additional charges for damages discovered after inspection.

12. Payment Authorization

The Renter authorizes the Company to charge the payment method on file for:

• rental fees,
• late fees,
• damage fees,
• cleaning fees,
• replacement costs,
• unpaid balances,
• collection costs,
• chargeback-related expenses.

The Company agrees to provide an itemized summary upon request for any damage-related charges.

13. Cancellations and Refunds

• A reservation is not confirmed until payment or deposit is received.
• Once booked, the Company reserves the requested inventory, equipment, staffing, and scheduling capacity for the Renter’s event date.
• Cancellations made more than fourteen (14) days before the event date may receive a refund of amounts paid, excluding any non-refundable deposit, processing fees, or custom-order expenses.
• Cancellations made within fourteen (14) days of the event date shall result in forfeiture of all deposits paid.
• Cancellations made within seven (7) days of the event date may be charged up to the full rental amount due to scheduling commitments and lost booking opportunities.
• No refunds will be issued after delivery has begun, Equipment has been picked up, or setup services have commenced.
• Failure of the Renter to provide access to the venue, event location, or delivery area shall not entitle the Renter to a refund.
• Weather conditions do not automatically qualify for refunds. The Company may, at its sole discretion, allow rescheduling or issue a credit toward a future rental date.
• No refunds shall be issued for unused Equipment, early returns, or reductions in event duration after delivery or pickup.

14. Force Majeure

The Company shall not be liable for delays, cancellations, or inability to perform caused by events beyond its reasonable control, including:

• weather,
• natural disasters,
• fires,
• government actions,
• power outages,
• labor shortages,
• road closures,
• pandemics,
• acts of God.

15. Venues, Permits, and Legal Compliance

The Renter is solely responsible for:

• obtaining permits,
• venue approvals,
• HOA approvals,
• park permissions,
• insurance requirements,
• ADA compliance,
• event compliance with local laws.

The Company makes no representation that the Equipment complies with any specific venue requirements.

16. Disclaimer of Warranties

To the maximum extent allowed by law, the Company disclaims all warranties, express or implied, including:

• Merchantability,
• Fitness for a particular purpose,
• Non-infringement,
• Suitability for a particular event.

17. Limitation of Liability

To the maximum extent permitted by law:

• The Company shall not be liable for indirect, incidental, special, consequential, or punitive damages.
• The Company’s maximum liability shall not exceed the total rental fees actually paid by the Renter.

18. Arbitration Agreement

Any dispute arising from this Agreement shall be resolved through binding arbitration in California pursuant to the Federal Arbitration Act and applicable California law.

The parties waive:

• jury trial rights,
• class action participation,
• representative claims to the extent permitted by law.

If any portion of this arbitration provision is found unenforceable, the remaining portions shall remain enforceable to the fullest extent permitted by law.

Each party shall bear its own attorney fees unless otherwise awarded by the arbitrator or required by law.

Nothing prevents either party from pursuing eligible claims in California small claims court.

19. Governing Law

This Agreement shall be governed by the laws of the State of California.

20. Electronic Signatures and Online Acceptance

Electronic signatures, scanned signatures, PDF signatures, digital signatures, typed names, checkbox acknowledgments, click-to-accept agreements, online acceptances, emailed approvals, text message confirmations, online bookings, and wet ink signatures shall each be deemed legally binding and enforceable to the fullest extent permitted under California law, including the California Uniform Electronic Transactions Act (UETA).

The parties agree that electronic records and signatures may be used in place of original documents and signatures and shall have the same legal force and effect as original signed documents.

By checking any acknowledgment box during booking or checkout, the Renter confirms that they have read, understood, and agreed to this Agreement, including the Liability Waiver and Assumption of Risk provisions.

☐ I have read and agree to the Rental Agreement and Terms and Conditions.

☐ I understand that rental equipment involves risk of injury or property damage and I agree to the Liability Waiver and Assumption of Risk provisions.

21. Photo and Marketing Release

Unless otherwise requested in writing before the event date, the Renter grants the Company permission to use photographs or videos of the Equipment setup for marketing purposes.

The Company will make reasonable efforts not to identify minors or disclose private personal information.

22. Severability

If any provision of this Agreement is determined unenforceable, the remaining provisions shall remain in full force and effect.

23. Entire Agreement

This Agreement represents the entire agreement between the parties and supersedes all prior discussions or understandings.

No oral statements shall modify this Agreement.

Any modifications must be made in writing by the Company.

24. Acknowledgment

By signing below, the Renter acknowledges that they:

• Have read this Agreement,
• Understand its terms,
• Understand they are waiving certain legal rights,
• Voluntarily agree to all terms and conditions.