FULL VERSION AS SEEN ON PAPER:

Lively Party Rentals – Rental Agreement

This Rental Agreement will be signed in person at the time of delivery. By signing, Customer acknowledges that they have read, understood, and agree to the following terms.

1. Delivery and Access Rights

Customer grants Lively Party Rentals and its agents the right to enter the property for delivery, setup, and retrieval of rental items. Equipment shall be used only at the delivery address listed in this Agreement, and Customer affirms they have authority to grant such access.

2. Inspection of Equipment

Customer shall inspect all rental items upon delivery. Any defects or concerns must be reported prior to use. Use of the equipment constitutes acceptance in “as-is” condition.

3. Malfunction During Rental

If equipment becomes unsafe or in disrepair, Customer must immediately cease use and notify Lively Party Rentals. If the defect results from normal wear and tear, Lively Party Rentals may, at its discretion, repair, replace, or refund the item.

4. No Warranty

Lively Party Rentals provides all rentals “as is” and makes no warranties, express or implied, regarding merchantability, fitness for a particular purpose, condition, or performance. Lively Party Rentals is not the manufacturer of the items and assumes no responsibility for injuries, damages, or losses caused by equipment malfunction.

5. Indemnification and Hold Harmless

Customer shall indemnify, defend, and hold harmless Lively Party Rentals, its officers, employees, agents, and affiliates from any and all claims, damages, losses, liabilities, and expenses (including attorney’s fees) arising out of Customer’s use or misuse of the equipment, including claims based on ordinary negligence, except to the extent caused solely by Lively Party Rentals’ gross negligence or willful misconduct.

6. Assumption of Risk

Customer acknowledges that use of inflatables and related rental equipment involves inherent risks, including but not limited to slips, falls, collisions, weather hazards, electrical issues, and misuse by participants. Customer voluntarily assumes all risks, known and unknown.

7. Damaged, Lost, or Stolen Items

Customer shall provide valid credit card information to be kept on file. Customer expressly authorizes Lively Party Rentals to charge said card for repair or replacement costs of any rental items damaged, lost, or stolen during the rental period, within three (3) days of pickup inspection.

8. Weather and Outdoor Use

Lively Party Rentals may remove equipment in the event of inclement weather to prevent damage or risk. If Customer insists on retaining equipment, Customer assumes full financial responsibility for any resulting damage or loss, up to replacement cost. Final authority regarding weather-related removal rests solely with Lively Party Rentals.

9. Permits and Compliance

Customer is solely responsible for obtaining all required permits, licenses, or governmental approvals for the use of rented items at the event location.

10. Delivery and Setup

Delivery includes drop-off at the designated location. Setup is currently included with each order. Customer must ensure the setup area is clear, accessible, and equipped with sufficient electricity (110V outlet within 100 feet). Requests for additional setup at delivery may incur extra charges.

11. Property Damage Disclaimer

Customer shall designate the installation area. Lively Party Rentals is not liable for damage to underground utilities (e.g., water, irrigation) caused by staking. Customer acknowledges that inflatables require substantial electrical power and that Lively Party Rentals is not responsible for issues such as tripped breakers or blown fuses.

12. Pickup and Teardown

All equipment must be prepared for pickup at the scheduled time. If additional labor is required, a teardown fee may be charged unless prior written arrangements are made.

13. Cancellation Policy

Cancellations made seven (7) or more days prior to the delivery date are eligible for a full refund. Cancellations made within seven (7) days are subject to the full rental charge. At Lively Party Rentals’ discretion, a credit toward a future rental or partial refund may be offered.

14. Wind Safety (Inflatables)

Inflatables must be shut down immediately if sustained winds exceed fifteen (15) MPH or if gusts exceed twenty (20) MPH. Customer is solely responsible for monitoring weather conditions during the rental period. Lively Party Rentals is not present during events and assumes no liability for injury or damage resulting from failure to comply.

15. Minors

This Release of Liability does not waive liability for injuries sustained by minors where prohibited by Utah law. Parents and guardians remain solely responsible for supervising children during equipment use.

16. Severability

If any provision of this Agreement is held invalid or unenforceable under Utah law, the remaining provisions shall remain in full force and effect.

17. Supervision Requirement

Customer shall ensure that a competent adult is supervising all participants at all times during use of the equipment. Lively Party Rentals does not provide attendants unless specifically contracted in writing. Failure to provide adequate supervision voids any claims against Lively Party Rentals.

18. Prohibited Use

Equipment shall not be moved, altered, or used in a manner inconsistent with its intended purpose. Customer shall not permit food, drink, sharp objects, animals, or foreign substances on or near the equipment. Equipment shall not be used on unsafe terrain, indoors without adequate clearance, or in violation of law.

19. Payment Terms

Full payment is due prior to delivery unless otherwise agreed in writing. Any unpaid balances may be charged to the Customer’s card on file. In the event Lively Party Rentals must pursue collection of unpaid amounts, Customer shall be responsible for all collection costs, including reasonable attorney’s fees.

20. Force Majeure

Lively Party Rentals shall not be liable for failure or delay in performance of its obligations under this Agreement due to circumstances beyond its reasonable control, including but not limited to acts of God, severe weather, power outages, accidents, labor disputes, or governmental orders.

21. Photo & Video Release

Customer allows Lively Party Rentals to take or receive photos/videos of the event and use them for advertising without compensation. Customer is responsible for notifying guests. Written notice is required before the event if Customer objects.

By signing, Customer acknowledges that they have read, understood, and agree to the terms of this Rental Agreement.