TERMS AND CONDITIONS
AGREEMENT OF PARTIES FINE NINE LLC - DBA PEACH STATE PARTY RENTALS, (hereinafter referred to as "PEACH STATE PARTY RENTALS"), and Customer’s acceptance of delivery of items or by payment of any invoice, Customer is considered to have accepted all Terms and Conditions listed in this agreement and set forth at https://www.peachstatepartyrentals.com/terms-conditions.
EQUIPMENT PEACH STATE PARTY RENTALS agrees to rent to Customer, and Customer agrees to rent from PEACH STATE PARTY RENTALS the items listed in the Invoice. The equipment cannot be sub-rented or used by any party other than Customer at the agreed upon delivery site. Customer is at all times responsible for the safe use of rented equipment. If there is an issue with an item, you must notify PEACH STATE PARTY RENTALS within 30 minutes from delivery or no refund or allowance will be made.
RESERVATIONS AND PAYMENTS
RESERVING EQUIPMENT: Quotes and proposals do not guarantee availability of rental equipment. Equipment and items will be reserved only upon receipt of a valid credit card, a signed rental contract and a 50% deposit (cash or credit card).
PAYMENT: If after paying the initial down payment Customer requests additional equipment, Customer agrees to pay 50% of the additional costs associated with the amendments. Customer agrees to pay the remaining balance due in full no later than seven (7) days prior to the scheduled delivery date. If this full payment is not received by close of business three (3) days prior to delivery unless previously discussed, the items will no longer be reserved, they will not be delivered, and Customer forfeits the deposit.
Customer has reviewed the invoice to confirm the specifics of the order and the items requested to rent, including but not limited to the quantity of items, price, delivery date, and delivery address. PEACH STATE PARTY RENTALS is not responsible for any discrepancy unless notified at least 48 hours before the scheduled delivery.
COLLECTION COSTS Customer agrees to pay all reasonable collection, attorney and court fees along with any other expenses involved in the collection of charges or enforcement of PEACH STATE PARTY RENTALS’ rights under this contract.
CANCELLATIONS (Non-Refundable 50% deposit): When you reserve our equipment, we immediately remove that equipment from our available inventory and schedule a crew for set up. Therefore, any cancellation received will be charged 50% of the total rental order.
If you cancel fourteen (14) days prior to the scheduled delivery date, the deposit can be used toward a future rental to be used within twelve (12) months, based upon the availability of rental equipment.
Customer is responsible for payment of the full amount due unless the reservation is cancelled three (3) or more days prior to the scheduled delivery date.
PEACH STATE PARTY RENTALS reserves the right to cancel any reservation or portion of a reservation due to inclement weather, unsafe, unclean, or areas deemed unfit for proper use, or for any other situation that the company may deem to be dangerous or which may jeopardize participant safety in any way, or any use which we may deem is not in the best interest of our equipment or company. We may also alter delivery or pick up times if necessary, due to inclement or severe weather, or other unforeseen circumstances.
SITE PREPARATION Customer agrees to insure the delivery site is prepared and ready for the scheduled equipment delivery (i.e. lawns mowed, trees trimmed, vehicles out of the way, animal waste removed, etc.) before the crew arrives. Failure to have the location properly prepared to take delivery may result in cancellation of the order and forfeiture of all payments made to PEACH STATE PARTY RENTALS. Any additional attempts at delivery will be based solely on the availability of PEACH STATE PARTY RENTALS and Customer will incur additional charges for each additional delivery attempt made.
ELECTRIC POWER AND LIGHTING: Customer agrees to furnish PEACH STATE PARTY RENTALS access to, and the right to use Customer's electrical and power source for the installation and operation of the rented equipment.
TENTS TENT INSTALLATION: PEACH STATE PARTY RENTALS provides installation within the cost of the tent’s rental price. The price does not include tent lighting, water barrels or side walls unless otherwise specified in package pricing.
Tents will be set up by PEACH STATE PARTY RENTALS only at the delivery location located on the Invoice. Installation of tent(s) must be done by PEACH STATE PARTY RENTALS’ staff only and Customer shall not move or handle tents at any time. Customer must receive prior approval to attach anything to a tent. Customer assumes all responsibility if prior approval is not received.
Customer agrees to inform PEACH STATE PARTY RENTALS in writing of the existence of any underground utilities (i.e. phone or gas lines, septic system, pool pipes, irrigation lines, etc.), or conditions that may interfere with the ability to stake and/or anchor equipment. Customer accepts responsibility to have power and utilities located and may use free locate service found by dialing 811. ** If utilities not marked and PEACH STATE PARTY RENTALS hits a line, PEACH STATE PARTY RENTALS is not liable.
Customer assumes all responsibility for all damage to underground equipment in absence of such notice. In the absence of such notice, PEACH STATE PARTY RENTALS shall operate with the understanding that no underground obstructions exist. Customer shall also provide written notice of all surface obstacles such as patios, driveways, roads, buildings or trees that could obstruct or prevent the proper anchoring of the equipment. Customer must provide PEACH STATE PARTY RENTALS notice of these conditions no less than three (3) days prior to the delivery date. Customer shall reimburse PEACH STATE PARTY RENTALS for any and all damages or additional delivery and/or installation costs incurred as a result of undisclosed subsurface and surface conditions.
If tent is to be installed on concrete or a similar surface, the tent will be anchored and secured using water barrels and additional charges apply.
Permits or Licenses. If permits or licenses are required to erect a tent at the delivery location, Customer shall procure, at Customer's expense, and furnish PEACH STATE PARTY RENTALS evidence of such permit or license. Customer agrees to comply with all applicable laws applying to size, location, and intended use of equipment.
COOKING/HEATING SOURCES UNDER TENTS: Customer agrees no cooking or heating sources or devices may be used in or near tents. Customer assumes full responsibility for costs incurred and damage and or cleaning expense due to cooking or heating devices used under or near tents. PATIO HEATERS ARE NOT PERMITTED FOR USE UNDER OR NEAR TENTS. Customer is responsible for damages and/or cleaning required that result from heat, soot, fire pits, torches and other similar sources.
CLEANUP/PREPARATION FOR PICKUP: Any and all items not provided by PEACH STATE PARTY RENTALS, including but not limited to all floral arrangements, trash, and decorations of any kind, should be removed from all equipment before scheduled pickup time. Customer assumes responsibility for all damages caused by decorations, food or drink or other items. Please be aware that some decorations, food and drink can cause a permanent stain on the tent, linen and other rental items. Decorations must not affect the structural integrity of the tent.
DELIVERY / PICK UP
INSTALLATION AND REMOVAL SCHEDULE: The rental period is based upon a timeline determined by PEACH STATE PARTY RENTALS and agreed to by Customer. Failure to be present to accept delivery or pick up equipment may result in cancellation of the order. Failure to timely return equipment may be deemed a crime. In addition, Customer will be charged an additional day of rent for each item that is not returned on time. This late fee will be assessed for each day Customer fails to permit access to PEACH STATE PARTY RENTALS to pick up the equipment, or for the customer to return the equipment, as scheduled. Customer hereby grants PEACH STATE PARTY RENTALS the right to enter the premises where the equipment is located at any time during the rental period to inspect and/or remove said rental equipment and charge any associated fees to the Customer’s credit card on file.
Customer is not required to be present at the time the equipment is retrieved provided that PEACH STATE PARTY RENTALS has complete access to all equipment.
DELIVERIES: All deliveries and pick-up fees are based on tailgate delivery, a location level to and easily accessible by delivery truck or trailer. Delivery site must be reasonably safe and secure. Additional delivery charges will occur dependent upon the difficulty of the delivery and additional equipment needed to make a delivery, for 2nd floor or higher delivery locations, basement, inside house, uneven terrain, weekend deliveries or additional trips, excessive distance for loading and unloading trucks, specific delivery and pickup times, and after-hours delivery and pickup. All items will be delivered and picked up at a designated location. Our standard tailgate delivery fee covers delivery the day before (or Friday before) the event and pickup the day after (or Monday after) the event. Setup and breakdown of tables and chairs are not included in the delivery. THERE WILL BE AN ADDITIONAL CHARGE FOR ANY ITEMS THAT ARE NOT LEFT IN THE SAME LOCATION AND STACKED AS IT WAS WHEN DELIVERED UNLESS PREVIOUSLY DESIGNATED AND AGREED TO BY PEACH STATE PARTY RENTALS. Customer agrees that PEACH STATE PARTY RENTALS has the authority to charge any associated fees to the Customer’s credit card on file.
If any tent is ordered with additional items (such as lighting or pole drapes or covers), the tent, lighting for the tent, and liners for the tent will be properly setup and secured in a designated area by the delivery personnel. All additional items will be placed under the tent to be setup by the Customer, unless otherwise requested. Table & chairs setup fees are $0.50 per chair & $1.00 per table. Delivery fees quote may change after arrival and/or site inspection.
PICK UP: Customers may elect to pick up equipment by appointment only. Customer understands that arriving on time is imperative as crews are scheduled at other locations and cannot be delayed. PEACH STATE PARTY RENTALS will wait no more than 15 minutes beyond the scheduled pick up/return time and may be unable to accommodate the Customer’s needs in rescheduling. IF OUR CREW IS REQUIRED TO RETURN TO THE WAREHOUSE DUE TO A CUSTOMER’S NON ARRIVAL OR LATE ARRIVAL, A $20 RETURN TRIP CHARGE WILL BE ASSESSED TO THE PICK UP. Customer agrees that PEACH STATE PARTY RENTALS has the authority to charge the return trip charge or any associated fees to the Customer’s credit card on file.
Customer is responsible for loading and unloading of equipment when pick option is requested. Labor is not included with pick up option.
Customer must transport equipment in a manner that protects the equipment at all times. Open trailers or truck beds are not acceptable to transport equipment in the rain and/or snow or through dirt and/or mud. Customer is responsible for replacement of any damaged equipment and/or an additional cleaning fee if transported equipment is wet or dirty upon return.
INSPECTION: Customer acknowledges that he/she has had an opportunity to personally inspect the equipment and finds it suitable for his needs and in good condition. The Customer should be available to count all items upon delivery and pickup, otherwise, the PEACH STATE PARTY RENTALS’ counts will be considered accurate. Customer understands and agrees to the proper and intended use of equipment. Customer further acknowledges Customer’s responsibility to inspect the equipment prior to its use and to notify PEACH STATE PARTY RENTALS of any defects. Absent a signed Rental Agreement, delivery will be cancelled and Customer forfeits the deposit.
CLEANUP/PREPARATION FOR PICKUP: Any and all items not provided by PEACH STATE PARTY RENTALS, including but not limited to all floral arrangements, trash, and decorations of any kind, should be removed from all equipment before scheduled pickup time. Customer assumes responsibility for all damages caused by decorations, food or drink or other items. Please be aware that some decorations, food and drink can cause a permanent stain on the tent, linen and other rental items. Decorations must not affect the structural integrity of the tent. All returning chairs and tables should be stacked as delivered. All equipment, including but not limited to popcorn machines, snow cones machines, cotton candy machines, linens, stoves, ovens, and grills must be returned clean and free of food, dirt or debris particles of any kind.
WEATHER & WEATHER-RELATED RISKS: Customer understands that tents are temporary structures designed to provide limited protection in most normal weather conditions, primarily sun and rain. If severe weather arises, the use of tents can become unsafe and there may be situations, particularly those involving strong winds and lightning, in which tents will not provide protection and may even be damaged or blown over. Evacuation of tents to avoid possible injury is recommended when severe weather threatens the area where the tent is erected. People must leave the tents and not seek shelter in tents during such conditions. It is recommended that Customer have an evacuation plan in place prior to the event. PEACH STATE PARTY RENTALS will not be liable for any injuries or damages caused to people or property while under the tent due to fire, rain, hail, snow, storms, high winds, tornado or other Acts of God or nature.
Because it may be difficult to determine if the weather is severe enough to necessitate evacuation, the Customer must err on the side of caution. In other words, if in doubt, evacuate. Customer understands that it is Customer's responsibility to be aware of changing weather conditions and to exercise its best judgment with regard to the evacuation of the tents. Customer should become thoroughly familiar with evacuation procedures. Customer agrees that in the event of a predicted or actual storm or excessive winds, PEACH STATE PARTY RENTALS may dismantle any equipment that has been installed to ensure safety of all involved.
Customer assumes all weather-related risks involved in holding an outdoor tented event. PEACH STATE PARTY RENTALS will endeavor to minimize said risk, however, should the tenting or equipment become unusable due to high wind, snow, rain, flooding, extreme cold or heat, or any other factor beyond PEACH STATE PARTY RENTALS' control, Customer shall still be liable for payment in full of all charges.
SUPERVISION: The Customer is responsible for providing adequate supervision of guests during rental. All activities involving children and young adults must be supervised by a responsible attendant.
Customer must be present at the time of delivery to receive the safety briefing and instructions for safe use of any and all bounce house rentals.
DIRTY OR DAMAGED EQUIPMENT: The Customer agrees to pay for any damage to or loss of equipment, regardless of causes, except normal wear and tear, while the equipment is out of possession of PEACH STATE PARTY RENTALS. Customer also agrees to pay a cleaning charge for all items returned dirty or excessively dirty (including, but not limited to mud, clay, rain soaked, etc.) at a cost to be determined by PEACH STATE PARTY RENTALS. Customer further agrees that the equipment will be used only in a reasonable and customary manner and will not subject the equipment to excessive use or treatment which may cause damage outside of normal wear and tear. Equipment damaged beyond repair will be paid for at its REPLACEMENT COST when rented with no deduction for depreciation. ****Replacement costs for damaged and missing items will be billed to the Customer’s credit card on file.
DO NOT LEAVE TABLES AND CHAIRS OUT IN THE RAIN. IF THIS OCCURS, A MINIMUM FEE OF 25% OF THE ORIGINAL COST OF EACH ITEM WILL BE CHARGED TO THE CUSTOMER’S PAYMENT METHOD ON FILE - FEE WILL DEPEND ON TYPE AND QUANTITY OF ITEMS RENTED AND DEGREE OF DAMAGES. ****Replacement costs for damaged and missing items will be charged to the Customer’s credit card on file.
REPLACEMENT OF MALFUNCTIONING EQUIPMENT: If equipment becomes unsafe and/or in disrepair for any reason, the Customer agrees to discontinue its use and notify PEACH STATE PARTY RENTALS immediately. PEACH STATE PARTY RENTALS 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. PEACH STATE PARTY RENTALS is not responsible for any incidental or consequential damages caused by delays or otherwise, and Customer hereby waives any right or entitlement thereto. If PEACH STATE PARTY RENTALS replaces the equipment and upon testing the original equipment, discovers that the equipment is in good working order, additional charges may occur for delivery of replacement equipment.
MISSING OR DAMAGED ITEMS: Please be aware that the customer is responsible for all equipment until returned to PEACH STATE PARTY RENTALS or picked up by our staff. Please be sure all equipment is secured when not in use and protected from the weather. You are responsible for all equipment missing or damaged at replacement costs. This includes, but is not limited to, inclement weather, rain, lawn sprinklers, dew, etc. ****Replacement costs for damaged and missing items will be billed to the Customer’s credit card on file.
STOLEN PROPERTY: The Customer agrees to pay for equipment at its Replacement Cost when rented for all types of theft or mysterious disappearance. If the rented equipment is not returned to PEACH STATE PARTY RENTALS within two days of date specified on the invoice accompanied and associated with this contract, such equipment shall be considered stolen. In such event, Customer may be prosecuted in accordance with any Georgia Laws that may apply.
HARDWOOD FLOORS/SURFACES: PEACH STATE PARTY RENTALS will not be held responsible for any damage which may occur due to the placement of rental equipment on any surface including but not limited to hardwood floors, carpet, outdoor decks, concrete pads, grass, lawns, flower beds, etc.
LINENS Linens are provided clean and laundered. Customer acknowledges that wrinkles and creases can develop while linens are stored and understands that touch-up (by the Customer) may be necessary if wrinkle free linens are desired.
Linen charges are non-refundable within eight (8) days of the scheduled delivery date due to shipping and rental charges from the linen vendor.
Linens should be returned food and particle-free and be shaken out and put into laundry bags or tubs provided. Linens that are returned with burns, holes, tears or are permanently stained will be billed to the Customer at replacement cost. Wet or damp linens should be permitted to dry before placing in storage bags or bins to prevent mildew. Linens that have molded or mildewed will be charged to the Customer at replacement cost and billed to the Customer’s credit card on file.
INDEMNIFICATION & DEFENSE: Customer will take all precautions necessary regarding the items rented and protect all persons and property from injury or damage. Customer agrees that if any injury occurs or damage occurs from PEACH STATE PARTY RENTALS equipment, that it is the Customer’s responsibility to compensate third parties. Customer agrees that if any legal proceedings are brought against PEACH STATE PARTY RENTALS to recover compensation for injuries to guests or damages to personal property, Customer will provide a defense for PEACH STATE PARTY RENTALS and any of its agents or employees. Customer will also indemnify PEACH STATE PARTY RENTALS and its agents or employees for any judgment rendered against them.
Customer agrees to indemnify and hold PEACH STATE PARTY RENTALS harmless against any claims, loss, damage, injury and expenses resulting from injury or death to any person or damage to property occurring during or arising from the hauling and/or transporting of the rented equipment.
HOLD HARMLESS: Customer shall defend and indemnify and hold harmless PEACH STATE PARTY RENTALS and its owners, directors, officers, and employees, and agents, stockholders, affiliates, subcontractors (collectively, “Indemnified Parties”) from and against all third party allegations, claims, actions, suits, demands, damages, liabilities, obligations, losses, settlements, judgments, costs and expenses (including without limitation reasonable attorneys’ fees and costs)(“Claims”) which arise out of or, relate to (1) death or bodily injury or (2) loss of or damage to real property or result from any act or omission of manufacturer.
WARRANTIES: PEACH STATE PARTY RENTALS is neither 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 Customer expressly waives all such warranties of fitness which may be accorded by law or otherwise. There are no warranties of merchantability 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.
INCIDENTAL & CONSEQUENTIAL DAMAGES: In no event will PEACH STATE PARTY RENTALS be liable to the other Party for any direct, special, consequential, incidental or like damages, arising out of, or in connection with the delivery, use, or inability to use, or performance of this equipment, however caused and on any theory of liability, and whether or not such Party knew or should have known of the possibility of such damage.
Customer agrees to use said equipment in a careful, prudent manner and to indemnify and hold harmless PEACH STATE PARTY RENTALS from any and all loss, damages, claims, cost and expenses resulting from injuries or death to any person or damage to property arising from the use of the equipment covered by this Rental Agreement; and Customer hereby acknowledges that he fully understands the proper method of operating any and all of said leased equipment.
ENTIRE AGREEMENT: This Agreement, including any amendments or exhibits, constitutes the entire agreement between the parties, and supersedes all prior representations, promises, warranties, agreements, arrangements or understandings, oral or written, between the parties relating to the subject matter of this Agreement, which are not fully expressed herein.
Warranty and Disclaimers. PEACH STATE PARTY RENTALS shall perform all services in a timely, professional and workmanlike manner that meet the criteria in the Invoice and complies with generally accepted practices. The foregoing warranty is exclusive and is in lieu of all other warranties and guarantees. PEACH STATE PARTY RENTALS DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CUSTOMER AGREES TO LOOK TO THE MANUFACTURER FOR ANY REMEDY(IES) REGARDNG A PRODUCT. In no event, whether as a result of breach of this Agreement, warranty, tort, extra-contractual liability, strict liability, indemnity, or otherwise, shall PEACH STATE PARTY RENTALS be liable for loss of profits or revenues, loss of use of products or services, interruption of business, cost of capital, or for any special, consequential, incidental, indirect, punitive,
ADDITIONAL CHARGES MAY APPLY IF:
The site is not ready or accessible when the crew arrives.
The tent and rented equipment is not ready for pre-arranged pickup.
Delivery or pickup is from any location other than ground level (upstairs or downstairs).
All chairs and tables are not stacked and bagged as delivered for pickup at the location delivery was made.
Food service items are not rinsed food-free.
I have read and agree to the above Terms & Conditions.
Printed Name: _
PEACH STATE PARTY RENTALS | Phone (404) 852-0705
745 Atlanta Road, Suite 200, Cumming, GA 30040