This Rental Agreement, Liability Waiver, Assumption of Risk, and Credit Card Authorization (“Agreement”) is entered into between FUNomenal Party Rentals LLC (“Company”) and the individual or entity renting equipment (“Renter”). By signing this Agreement, Renter acknowledges that they have read, understood, and agree to all terms and conditions contained herein.
1. RENTER INFORMATION
Renter Name: ___________________________________
Organization (if applicable): _______________________
Address: ________________________________________
Phone: _________________________________________
Email: __________________________________________
Event Address: __________________________________
Rental Date(s): __________________________________
2. EQUIPMENT RENTED
The equipment rented under this Agreement (“Equipment”) shall be identified on the accompanying invoice, reservation confirmation, delivery ticket, or booking confirmation, all of which are incorporated into this Agreement by reference.
3. RENTAL PERIOD
The rental period begins upon delivery by Company or pickup by Renter and
ends upon return and inspection by Company.
Late Returns:
● Equipment not returned by the agreed return time may be charged the
greater of $50 per day or the daily rental rate.
● Equipment not returned within three (3) calendar days of the agreed return
date may be deemed lost and Renter authorizes Company to charge the
full replacement cost of the Equipment.
4. PAYMENT TERMS
● Full payment is due prior to delivery or pickup unless otherwise agreed in
writing.
● Virginia sales tax and applicable fees will be added to all invoices.
● Unpaid balances shall accrue interest at 1.5% per month or the maximum
amount allowed by law.
● Renter agrees to pay all collection costs, attorney fees, court costs, and
expenses incurred in collecting unpaid balances.
5. SECURITY DEPOSIT AND CREDIT CARD AUTHORIZATION
Company may require a security deposit and/or credit card authorization prior
to releasing Equipment.
Renter authorizes FUNomenal Party Rentals LLC to charge the card on file for:
● Unpaid rental charges
● Late return fees
● Cleaning fees
● Missing equipment
● Damaged equipment
● Replacement costs
● Collection expenses permitted by law
An itemized invoice will be provided for all such charges.
6. DELIVERY AND SITE CONDITIONS
Renter certifies that the event location is:
● Safe
● Reasonably level
● Accessible
● Free from hazards
● Suitable for equipment placement
Renter assumes responsibility for:
● Sprinkler systems
● Irrigation lines
● Underground utilities
● Septic systems
● Hidden hazards
● Property damage caused by inaccurate site information
Pets must be secured during delivery and pickup.
Company reserves the right to refuse delivery or setup if conditions are unsafe.
7. EQUIPMENT INSPECTION
Renter acknowledges that all Equipment has been inspected and accepted in
good condition unless defects are reported immediately upon receipt.
Photographs and videos taken before delivery and after pickup may be used to determine equipment condition and assess damages.
8. EQUIPMENT USE REQUIREMENTS
Renter agrees:
● Equipment will only be used for its intended purpose.
● Equipment shall not be modified, altered, or relocated without written
approval.
● Equipment shall not be loaned, rented, or transferred to another person or
location.
● All participants shall use equipment safely and responsibly.
● Adult supervision is required whenever minors are present.
9. WEATHER RESPONSIBILITY
Renter assumes responsibility for monitoring weather conditions during the rental period.
Equipment shall not be used during:
● Lightning
● Severe storms
● High winds
● Flooding
● Unsafe weather conditions
Renter is responsible for protecting Equipment from weather-related damage while in their possession.
10. DAMAGE, LOSS, AND CLEANING
Renter agrees to return Equipment in the same condition received.
Additional charges may apply for:
● Excessive dirt
● Mud
● Food residue
● Missing components
● Broken parts
● Theft
● Loss
Replacement charges may equal the full replacement value of the Equipment.
11. ASSUMPTION OF RISK Renter understands that use of recreational and party equipment involves inherent risks, including but not limited to:
● Slips
● Trips
● Falls
● Collisions
● Struck-by injuries
● Property damage
● Bodily injury
Covered equipment includes but is not limited to:
● Cornhole
● Giant Jenga
● Giant Connect 4
● Giant Hook & Ring
● Kan Jam
● Inflatable Golf Dart Game
● Axe Throwing Game
● Skee Ball
● Any future rental equipment
Renter voluntarily assumes all risks associated with possession and use of the Equipment.
12. RELEASE OF LIABILITY
To the fullest extent permitted by Virginia law, Renter releases and holds harmless FUNomenal Party Rentals LLC, its members, owners, employees, contractors, representatives, and agents from claims arising from:
● Equipment use
● Equipment misuse
● Improper supervision
● Participant actions
● Property damage
● Personal injury
13. INDEMNIFICATION
Renter agrees to defend, indemnify, and hold harmless FUNomenal Party Rentals LLC from all claims, damages, losses, expenses, attorney fees, and liabilities arising out of possession, use, operation, transportation, or misuse of Equipment.
14. CHARGEBACKS
Renter agrees not to initiate a chargeback for valid charges authorized under this Agreement.
Renter acknowledges that signed agreements, photographs, invoices, delivery records, inspection reports, and communication records may be provided to financial institutions in response to any dispute.
15. CANCELLATION POLICY
● 21 or more days before event: Full deposit refund.
● 15–20 days before event: 50% deposit refund.
● 14 days or less before event: Deposit non-refundable.
16. FORCE MAJEURE
FUNomenal Party Rentals LLC shall not be liable for delays, cancellations, or inability to perform due to weather, acts of God, government actions, labor disputes, transportation failures, or other events beyond its control.
17. GOVERNING LAW AND VENUE
This Agreement shall be governed by the laws of the Commonwealth of Virginia. Any legal action arising from this Agreement shall be brought exclusively in the appropriate courts located in Chesterfield County, Virginia.
18. TERM OF AGREEMENT
This Agreement shall remain valid for 365 days from the date signed and shall apply to all rentals made by Renter during that period unless replaced by a newer agreement.
19. PHOTO RELEASE (OPTIONAL)
Please initial one:
_____ YES, I authorize FUNomenal Party Rentals LLC to use photographs or videos of rental setups and events for advertising, website, social media, and promotional purposes.
_____ NO, I do not authorize use of photographs or videos.
20. ACKNOWLEDGMENT
By signing below, Renter acknowledges that:
● Renter has read and understands this Agreement.
● Renter voluntarily accepts all terms.
● Renter has authority to sign this Agreement.
● Renter assumes responsibility for all participants using the Equipment.
Renter Signature: __________________________
Printed Name: _____________________________
Date: ____________________________________
Company Representative: FUNomenal Party Rentals LLC
By: Amanda Miners, Managing Member
21. SEVERABILITY
If any provision of this Agreement is held invalid or unenforceable, the remaining
provisions shall remain in full force and effect.