TERMS AND CONDITIONS OF RENTAL AGREEMENT

1. Delivery and Access Rights

Customer hereby grants Lively Party Rentals and its agents the right to enter the property for the purposes of delivering and subsequently retrieving rented items. Customer affirms that the rental items will be used only at the delivery address listed in the agreement and that they have the authority to grant such access.

2. Inspection of Rental Items

Customer agrees to inspect all rental items immediately upon delivery. Any defects, malfunctions, or concerns must be reported to Lively Party Rentals prior to use. Use of the equipment constitutes acceptance in “as-is” condition.

3. Malfunction or Non-Functioning Equipment

If any rented item becomes unsafe or is found to be in disrepair during the rental period, Customer shall cease use immediately and notify Lively Party Rentals. If the defect is determined to be due to normal wear and tear, Lively Party Rentals will, at its discretion, repair, replace, or refund the item.

4. No Warranty

Lively Party Rentals makes no warranties, expressed or implied, as to the merchantability, fitness for a particular purpose, condition, or performance of the rented items. Customer acknowledges that Lively Party Rentals is neither the manufacturer nor the agent of the manufacturer of said items and assumes no responsibility for injuries, damages, or losses caused by equipment malfunction.

5. Indemnification and Hold Harmless

Customer agrees to indemnify, defend, and hold harmless Lively Party Rentals and its officers, employees, agents, and affiliates from and against any and all claims, liabilities, damages (including property damage, personal injury, or death), losses, and expenses (including attorney’s fees) arising from or related to Customer’s use or misuse of the rental equipment, whether arising from negligence or otherwise.

6. Responsibility for Damaged, Lost, or Stolen Items

Customer agrees to provide valid credit card information, which will be kept on file. In the event of any damage, theft, or loss of rental items during the rental period, Lively Party Rentals reserves the right to charge the Customer’s credit card for the repair or replacement cost of such items for up to 3 days to allow time for inspection.

7. Weather and Outdoor Use Risks

Lively Party Rentals reserves the right to remove rental equipment from outdoor settings in the event of inclement weather that may pose a risk of damage. If the Customer insists on keeping equipment in place against Lively Party Rentals’ recommendation, the Customer accepts full financial responsibility for any resulting damage or loss, based on replacement costs. Final authority regarding removal due to weather conditions rests solely with Lively Party Rentals. Customer assumes all risks associated with outdoor events.

8. Permits and Compliance

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

9. Delivery and Setup

Delivery and setup are separate services. Delivery refers to the drop-off of rental items at the designated location on the scheduled date and time. Currently setup is included in every delivery order. Customers must ensure that the setup area is clear, accessible, and with appropriate electricity prior to delivery. If setup services are requested at the time of delivery without prior arrangement, Lively Party Rentals will make reasonable efforts to accommodate, but additional charges will apply.

10. Property Damage Disclaimer

Customer agrees to designate and oversee the location where equipment, particularly inflatables, will be installed. Lively Party Rentals is not liable for damage to underground utilities (e.g., water lines, irrigation) caused by equipment stakes. Customer acknowledges that inflatable equipment requires substantial electrical power, and Lively Party Rentals shall not be held responsible for any power issues (e.g., tripped breakers, blown fuses) resulting from use.

11. Equipment Pickup and Tear-Down

All rented items must be ready for pickup at the scheduled time. If equipment is not prepared for pickup and additional labor is required, a teardown fee will be assessed unless prior written arrangements have been made.

12. Cancellation Policy

Full refunds are available for cancellations made at least seven (7) days prior to the scheduled delivery date. Cancellations made within seven days of the rental date will be subject to the full rental charge.

13. Wind Safety Clause (Inflatables)

Inflatable equipment must be shut down immediately if sustained winds reach 15 to 25 MPH or higher. Customer is solely responsible for monitoring wind conditions during the rental period. Lively Party Rentals will not be present during the event and is not liable for any injury or damage caused by failure to comply with this wind safety guideline.

14. Customer Pickup and Drop-Off – Timeliness and Late Fees

If the Customer selects to pick up and drop off rental items directly from the Lively Party Rentals storefront, the Customer agrees to adhere to the scheduled pickup and return times as confirmed in the rental order. In the event the Customer is more than one (1) hour late to the scheduled pickup or drop-off time, a late fee will be charged. This fee is necessary to cover the additional time and labor incurred by Lively Party Rentals staff who must remain on-site and prepared. 

Late fees will be assessed at a rate of $10.00 per 60 minutes beyond the initial one-hour grace period, unless prior arrangements are made and confirmed by Lively Party Rentals.  It is the Customer’s responsibility to communicate any delays in advance. Repeated late returns or no-shows will result in denial of future self-pickup privileges.