THE legal stuff

This Game and Equipment Lease Agreement (the “Agreement”) is made and entered on __/__/____ (the “Effective Date”) by and between Yard Party Games; and

__________________________________________­­­_____________________ (the “Lessee”); collectively referred to herein as the “Parties.”

 Games and Equipment subject to lease.

Yard Party Games shall lease the games and equipment listed herein to the Lessee who must adhere to the terms and conditions within this Agreement.       

 Exhibits and details. 

Payment Terms

The rental fee for the above listed games and equipment is $_____________ per day, plus any additional fees incurred. 

Return Date

The leased games and equipment will be returned to Yard Party Games by _______am/pm, on ____/____/20____

Lease Term

This Agreement shall begin on the above Effective Date and shall terminate on the Return Date unless otherwise extended or terminated in a manner consistent within these terms.  At the end of the lease term, the Lessee is obligated to return the equipment to Yard Party Games at the Lessee’s expense.

Location

The leased items will be located at

________________________________________________________________________ (Address)

during the term of this Agreement, and shall not be removed from the location without Yard Party Games’ prior written consent.

Event Reservation

A signed Agreement and non-refundable deposit of fifty percent (50%) of the total game and equipment price or $_________________ is required to reserve and confirm date and equipment lease. Should the lease be cancelled for any reason the lessee can choose to immediately reschedule by paying the remaining game and equipment lease balance or forfeit the deposit.   

Delivery and Pickup

Delivery and/or pick options:

Lessee pick up and drop off (Free).

Flat $50 fee for delivery and pickup in Berea, KY 40403by Yard Party Games.

Mileage ($0.75/mile) plus time ($25/hr.) for delivery and pickup outside of Berea, KY by Yard Party Games with mileage and time determined by google maps.

The equipment and games will be;

Picked up by Lessee at ____am/pm on __/__/20__ and returned at ____am/pm on __/__/20__

Delivered by Yard Party Games at ________________am/pm on __/__/____ and picked up at ____am/pm on __/__/20__

Convenience fee in the amount of $50 is charged, in addition to delivery charges, if pickup or delivery is requested after 8pm, before 8am, or on Federal Holidays.   

All delivery and pick-up times specified in the Agreement shall be followed by Lessee. All delivery and pick-up by Yard Party Games shall be at the convenience of and at the time designated by Yard Party Games. Lessee shall ensure that delivery and pick-up by Yard Party Games are convenient, accessible, safe and free of hazards. Lessee’s right to possess any game or equipment terminates upon the expiration of the rental period set forth in the Agreement

Security Deposit

The Lessee shall pay a security deposit of one third (33%) of the game and equipment rental rate or $____________________.  This will be collected from the Lessee and held until the games and equipment are returned and confirmed to be in the same condition they were originally leased.  Lessee and Yard Party Games will complete an inspection of all rented items before lease period to ensure games are leased and returned in acceptable condition as determined by Yard Party Games.  If Lessee waives the right to report damages to the Yard Party Games as part of inspection, the Lessee is responsible for any damages observed upon delivery.  The security deposit shall be returned to the Lessee upon termination of this Agreement, subject to the option of Yard Party Games to apply it against any charges or damages incurred.  Any amounts refundable to the Lessee shall be paid by check from Yard Party Games within 72 hours from the return of leased items. 

Final Payment

The final payment in the amount of $_______________________________is due before the beginning of lease period. The games will not be released, delivered or setup if final payment is not received. 

Late Returns

Lessee shall return rented items to Yard Party Games at the agreed upon time by both parties upon or prior to the expiration of the lease period. If the Lessee does not satisfy this obligation, the rental rate shall continue at the daily rate until items are returned to Yard Party Games.

Equipment Responsibility

Lessee is responsible for equipment from the time of possession to the time of return. Lessee assumes the entire risk of loss, regardless of cause. If items are lost, stolen, damaged, the Lessee will assume the cost of replacing or repair, including labor costs. Replacement cost is 400% (four times) the daily lease fee.

Damage includes, but is not limited to, tears, rips, scratches, dents, missing pieces, missing parts, missing instructions, permanent stains, cuts, gouges, burns, permanent aesthetic changes, holes, stickers, decals, confetti or glitter, any condition that hinders the functionality of the games and equipment, or any damage beyond normal wear and tear to be determined in the sole discretion of Yard Party Games.  Yard Party Games will use part or all of the security deposit to replace damaged games and equipment caused by Lessee or Lessee’s agents, however, Yard Party Games is not limited to the security deposit amount and Lessee remains liable for any balance that may be due as a result.

In addition to its other obligations hereunder, Lessee shall protect the leased items from weather damage as well as unauthorized or improper use.  The Lessee agrees not to use or lay equipment or games on freshly cut or wet grass because doing so can leave permanent stains or create water damage. Severe grass stains are considered damage beyond normal use or wear and tear.   All games should be clean and dry when stored and returned to Yard Party Games.  Absolutely no silly string, gum, candy, food, drinks, face paints, animal wastes, glitter, confetti or other substances other than approved cleaning solutions should be in contact with leased items. 

If cleaning is required by Yard Party Games a $100.00 cleaning fee will be assessed to Lessee.

Inclement Weather

The Lessee is responsible to safely store leased games and equipment indoors in the case of inclement weather during the lease period.  There are no refunds for weather related cancelations or events impacted by weather.   In the event that inclement weather cancels an event, the Lessee’s deposit will be carried forward for a maximum of 90 days and applied to the Lessee’s rescheduled event.  If Lessee does not immediately reschedule the deposit is forfeited.    

Wear and Tear

The appearance of the games may be slightly different than in the rental literature because of normal wear and tear. The games are subject to wear and tear from normal rental use and may sustain minor cosmetic scuffs and blemishes during the rental period, the renter is not liable for this type of normal wear.

Equipment Failure

Lessee agrees to immediately discontinue the use of a leased item should it at any time become unsafe or in a state of disrepair, and will immediately (one hour or less) notify Yard Party Games of the facts.  Yard Party Games agrees to make the items operable in a reasonable time, or provide replacement items if available, or make a like item available at another time, or adjust rental charges. This provision does not relieve the Lessee from obligations of the Agreement.  In all events and circumstances Yard Party Games is not responsible for injury or damage resulting from failure or defect of leased item.

Rental Game Unavailable

Every attempt will be made by Yard Party Games to have a piece of equipment or game available prior to a reserved event, should it be stolen or destroyed by the previous renter, or should a piece of equipment or game be unavailable to rent, the following actions will be taken:

An available alternate game will be offered with the rental price adjusted accordingly.

If paid in full, a refund for the specific item will be provided by Yard Party Games in the form of a check.

If only the security deposit has been paid and an unacceptable alternative is not available, the unavailable item will be removed from final invoice.   

Appropriate Use of the Games

All games and equipment are intended to be played in a safe, reasonable and respectful manner according to the instructions and manufacturer’s directions provided with the games. The games and equipment are not to be misused in a manner which could cause damage to the games and equipment, users, property, bystanders, Lessee or agents of the Lessee.  It is the responsibility of the Lessee to assure that misuse does not occur.   Games and equipment may only be used and operated in a careful and proper manner.  Its use must comply with all laws, ordinances, and regulations relating to the possession, use, or maintenance of the equipment. Lessee shall make no alterations to the equipment, doing such would be considered damage and result in Lessee being responsible for replacement costs.  

Lessee is responsible for the use of the leased items. Lessee assumes all risks inherent to the operation and use of leased items and agree to assume the entire responsibility. Lessee agrees to indemnify and hold Yard Party Games harmless from and hereby release Yard Party Games from all claims for damage to property or bodily injury (including death) resulting from the use, operation, or possession of the leased games and equipment, whether or not it be claimed or found that such damage or injury resulted in whole or part from Yard Party Games negligence.

Subleasing or improper use is strictly prohibited. Lessee agrees they have read all instruction manuals, operating instructions, and warnings related to leased items prior to use and agree to not sublease, lend out or allow another party to borrow any leased items.  If leased items are in possession of Lessee overnight, it if is the responsibility of the Lessee to bring all leased items inside when not in use.

Subsurface Conditions:

Lessee agrees to obtain any locating of underground utilities before delivery of rented items. Lessee is responsible for any damage caused to underground utilities caused by use of leased items including but not limited to damage to underground sprinkler systems.

Taxes, Fees and Insurance

Lessee shall pay all reasonable costs of collections, court costs, and attorney fees incurred by Yard Party Games associated with non-payment of any fee, deposit, repair, cleaning or other charge set forth in or required by this Agreement. Lessee shall maintain, at Lessee’s expense, liability, property and casualty insurance coverage in an amount sufficient to fully protect Yard Party Games and its equipment against any and all actions, loss or damage and shall name Yard Party Games as an additional insured thereon and provide a copy of said insurance coverage prior to delivery or pick-up of any game.

Returned Checks

The Lessee shall be charged the maximum fee allowed by the Commonwealth of Kentucky for a check returned for insufficient funds.

Dispute Resolution

In the unlikely event that Lessee is dissatisfied with the rental service provided, they agree to cooperate with Yard Party Games to discuss and come to a resolution which satisfies both parties, this can include refunds, discounts, and game substitutions.  This Agreement and any dispute relating to this Agreement shall be governed by and interpreted in accordance within the law and the Parties agree that the courts within Madison County, Kentucky shall have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with the Agreement, regardless of individual party location. 

Hold Harmless Agreement

Lessee agrees and assumes all risk and agrees to hold Yard Party Games and any of its agents harmless from any and all claims, losses, liabilities, and damage, and all costs and expenses arising directly and indirectly, or relating to; the delivery, loading, unloading, installation, dismantling, use of leased games and equipment or contact of underground utilities, pipes, or any condition on venue property.

Survival

All terms and provisions of this Agreement that should by their nature survive the termination shall so survive.

Entire Agreement

This Agreement, including any exhibits attached hereto and made part hereof, constitutes the entire agreement between Yard Party Games and Lessee with respect of the subject matter hereof.  This Agreement supersedes any prior agreements, representations, or dealings between the Parties.

I acknowledge that I have read and understand the terms and conditions listed above.

I hereby agree to the terms and conditions of this agreement.   

____________________ ___________________________________Date: __/__/____

Yard Party Games (Yard Party Games) 

___________________________________ ____________________Date: __/__/_____

Lessee