1. Customer shall use all property in a careful and proper manner, shall comply with all applicable laws and regulations, and shall return the property in the same condition and good repair as when received. Customer hereby assumes all risk of loss and damage to the property from any cause whatsoever. 

2. Customer acknowledges that the rental property is of a size, design, and capacity selected by customer, and that Let’s Gather Party Rentals disclaims all warranties expressed or implied with respect to the rental property, including any express or implied warranties as to condition, fitness for a particular purpose or durability. Under no circumstances will Let’s Gather Party Rentals be liable for any incidental, special, punitive or consequential damages arising out of or in connection with the rental property. 

3. Responsibility of the rentals remains with the customer from the time of pick-up until the time of return. Customer agrees that all rentals are protected from the weather at all times and secured when not in use. 

4. All rental items must be returned to Let’s Gather Party Rentals within the rental period specified on the “Rental Order” of this agreement. Customer will have extended rental charges of $50 assessed for each 24-hour period it is late. If equipment is not returned within 4 days of the “Return Date” listed on this Rental Agreement, such failure shall constitute as an unauthorized taking and Let’s Gather Party Rentals may consider such equipment stolen and take all steps necessary to recover said equipment, including charging the customer at replacement cost of $543.00 thereof, and shall be due upon billing in addition to the rental charge. 

5. In the event a rental item is returned to Let’s Gather Party Rentals stained, damaged, or in broken condition, the customer will be charged the full replacement cost + 10% restocking fee. Customer agrees to provide a valid credit card and photo ID at time of reservation, which will be charged by Let’s Gather Party Rentals to pay for any such damages. Damage fees will be due upon billing and Let’s Gather Party Rentals will make a reasonable effort to notify customer of damage fees before the credit card is charged with description and photos of damages. 

6. RENTAL DEPOSIT. Rental items will be reserved only upon a receipt of this signed rental agreement and a 50 percent non-refundable deposit. If a credit card is left on file, then no deposit funds shall be held. The final balance must be paid 7 days prior to the scheduled reservation date and is non-refundable. 

7. Customer acknowledges that some items in the Let’s Gather Party Rentals’ inventory items are one-of-a-kind items. Let’s Gather Party Rentals shall not be liable in the event an inventory is no longer available because of loss or damage caused directly or indirectly to the rental item by another rental customer. 

8. Customer shall not deliver possessions of the rental property to any individual(s) other than Let’s Gather Party Rentals. 

9. CANCELLATION. Customer may cancel rental(s) at any time. If cancellation is prior to 14 days of event, a refund will be issued minus non-refundable booking deposit. If cancellation is within 14 days of the event, full payment of the rental contract shall be due by client. 

10. Customer shall indemnify Let’s Gather Party Rentals against any claim, action, damages, and liability, including attorneys’ fees, arising or connected with customer’s use and possession of the rental property. 

Liability Release Indemnification: Customer assumes liability for, and shall indemnify, defend, and hold harmless Let’s Gather Party Rentals, its agents, employees, officers, and assigns from and against, any and all liabilities, obligations, losses, demands, damages, injuries (including, but not limited to, bodily injury, illness and death), claims, penalties, suits, actions, costs and expenses, including attorneys fee, of whatsoever kind and nature, relating to or arising out of the use, condition (including, but not limited to latent and other defects and whether or not discoverable by lessee or lessor), operation ownership, selection, delivery, leasing, or return of the equipment, regardless of where, how, and by whom operated, or any failure on the part of lessee to perform or comply with the conditions of this lease. Without limiting the generality of the foregoing, lessee shall, at its own cost and expense, defend lessor against all claims, suits or proceedings commenced by anyone in which lessor is named as a party for which lessor is alleged to be liable or responsible as a result of or arising out of the equipment, or any alleged act or omission by lessor, and lessee shall be liable and responsible for all costs, expenses, and attorney’s fees incurred in the defense and/or settlement, judgment, or other resolution thereof. In the event any such is commenced naming lessor as a party. Lessor may, in its sole discretion, elect to defend said action on its own behalf with counsel of its choice, and the lessee shall be liable for and reimburse the lessee for all costs, expenses, and attorney's fees incurred by the lessor in such defense.

Purpose of this Clause: The indemnities and assumptions of the liabilities and obligations herein provided for shall continue in full force and effect notwithstanding the expiration or other termination of the lease. In the event the lessor fails to perform under the terms of this contract, the lessor shall be liable for any attorney’s fees and costs expended by lessee in any claim or action against the lessor for breach of contract and/or for specific performance.