Lessee shall have a representative present at time of delivery to direct the position of the rental equipment. Lessee shall provide adult supervision if not supervised by the rental agency.
USE OF ITEM
You agree that you are satisfied with the instructions given by lessor in the proper and safe manner of using the item(s).
RESPONSIBILITY FOR EQUIPMENT
From the time the item(s) is rented until it is removed, you are responsible for it. If the item(s) is lost, stolen, or damaged under any circumstances while rented, regardless of fault, you shall be responsible for all charges, including labor costs to replace or repair the item(s).
A deposit is required upon booking to secure said equipment. Deposit is non-refundable unless lessor cannot fulfill the obligation. Lessee acknowledges and agree in the event Lessee cancels delivery of the equipment within 30 days of the delivery date, Lessor will have the option to retain the deposit.
Mad Hatter Amusements requires a 50% deposit to hold the date for the event and the other 50% is due upon arrival on the date of the event. We understand that weather is out of our hands and yours, so we have implemented the following policies:
If the event is to be cancelled or postponed to another date we will first try to reschedule a date that work for both parties. If we do not have the availability or we can't make it work, we will refund the 50% deposit in full as long as the event is cancelled before we leave our facility en route to yours.
In the case that we get to your event on site and you decide to cancel or postpone your event to another date, we will only charge for fuel and staff for travel time. If we can't reschedule and the event is cancelled then this amount will be deducted from your deposit and the rest will be sent back in the form of a check.
Once the event has started and we are set up, the full agreed upon amount is due and even if it starts raining we will continue to operate unless the winds or lightning make the conditions unsafe.
We want to make it fair for your company and ease your mind knowing that our company is more than willing to reschedule or give your money back due to weather concerns.
HOLD HARMLESS PROVISION
Lessee agrees to indemnify and hold lessor harmless from any and all claims, actions, suits, proceeding costs, expenses, damages and liabilities including reasonable attorney's fees arising by reason of injury, damage or death to persons or property, in connection with or resulting from the use of said equipment including but not limited to, the manufacturer, selection, delivery, possession, use, operation, or return of the equipment. Lessee hereby releases and holds harmless Lessor from injuries and damages incurred as a result of the use of said equipment. Lessor cannot not under any circumstances be held liable for any injuries as a result of acts of God, nature, or other conditions beyond its control or knowledge.
DUTY TO MITIGATE
In the event of injury, damage or loss due to Lessor's negligence, lessee agrees and assumes the duty to mitigate all costs resulting from said injury, damage or loss. DISCLAIMER OF CONSEQUENTIAL DAMAGE—By signing this contract, Lessee agrees to forego seeking any consequential damages in the event of any injury damage or loss due to Lessor's negligence.
DISCLAIMEER OF WARRANTIES
Lessor makes no warranties either expressed or implied as to the conditions or performance of any equipment and/or property leased by lessee from lessor. By signing this contract, Lessee agrees that any warranty of merchantability or fitness of a particular purpose are disclaimed. By signing this contract, Lessee agrees that no express warranty as to the condition or performance of any equipment and or property leased by Lessee is hereby disclaimed.
This signed contract encompasses the entire agreement between Lessor and Lessee. No amendment, whether from previous or subsequent negotiations between the Lessee and he Lessor shall be valid or enforceable unless in writing and signed by all parties of this contract. The invalidity or unenforceability of any particular provision of this agreement shall not affect the other provisions hereof.