Terms of Service
Renter agrees to the following conditions and terms, which agreements shall become binding and effective immediately upon submission of Renter’s online order.
Reservations can be made through the Company’s online reservation system or by telephone. Please do not email or mail reservation requests. Reservations will not be guaranteed until Renter has received an email confirmation for its order processed from the Company.
Reservation holds will be made by credit card. The Company requires that all reservations be held with a valid Visa, MasterCard or American Express credit card number, with full payment to be prepaid in full at the time the reservation is made.
Full Refund. Renter MUST notify the Company by email (firstname.lastname@example.org) at least six (6) days before the time of scheduled delivery of rental items in order to receive a full refund from the Company.
80% Refund. The Company will refund 80% of the amount paid by Renter if the Company receives a notice of cancellation from Renter by email (email@example.com) anytime between two (2) and five (5) days before the time of scheduled delivery of rental items (with 20% of the prepaid amount to be retained by the Company in such event).
No Refund. No refund of any amount will be made to Renter if the Company in the event of any cancellation by Renter within 48 hours of the time of scheduled deliver of rental items.
Method of Cancellation. ALL cancellations MUST be received by email (firstname.lastname@example.org). The Company does NOT acknowledge cancellations by phone, fax or postal mail. Please be sure to include Renter name, customer number, order number and delivery date in your cancellation request.
OWNERSHIP. All rental items are the property of the Company. The Company will retain ownership of all items rented hereunder at all times.
CONDITION OF RENTAL ITEMS. Renter agrees that all items rented will be returned to the Company in the same condition as they were in when initially received by Renter. If any rental item is damaged or requires cleaning or replacement, Renter hereby agrees that it will be responsible for the cost of repair of any damages, cleaning or full replacement cost of the item, and Renter further authorizes the Company to charge and recover such damage repair and cleaning costs, or replacement cost, from Renter’s credit card on file with Company.
DELIVERY, SET-UP AND PICK-UP POLICIES. An individual that is at least eighteen (18) years old must be present at Renter’s location for Company to deliver, set-up or pick-up any items rented to Renter. Neither the Company nor any of its representatives shall have any responsibility or liability for clearing any space (including, but not limited to moving any furniture) associated with the delivery, set-up or pick-up of any rented items. Neither the Company nor any of its representatives will have any responsibility or liability to Renter or any other persons to clean any space or otherwise remove or dispose of any trash or other remnants of any nature associated with any events or party held by Renter, other than the pick-up and removal of rental items rented to Renter by the Company. If a Company representative arrives for delivery or pick-up within confirmed time frame and Renter is not, regardless of reason, ready for delivery or pick-up, there will be a charge of $25.00 for each thirty minutes that such Company representative has to wait for Renter or its representatives.
RIGHT OF COMPANY TO REFUSE SERVICE. The Company reserves the right to refuse service to Renter if, for any reason determined by Company in its sole discretion, any Company Party feels threatened, insecure or otherwise feels circumstances exist which make it uncomfortable for any Company Party to deliver or set-up any rental items in Renter’s home or otherwise at the location requested for set-up. Company shall in such event (if no services have been rendered) refund in full any prepaid amount paid by Renter to the Company.
ASSUMPTION OF RISK; WAIVER OF LIABILITY; INDEMNIFICATION. By accepting and using the rental items, Renter, for itself and all other persons that may use the rental items (including, but not limited to any of Renter’s children or other children that use any of such rental items, such as the friends of Renter’s children), specifically acknowledges that each such item is being rented and used at the own risk of renter and such other persons. Accordingly, Renter, for itself and on behalf of all such other persons, to the maximum extent permitted under applicable law, hereby releases the Company and its owners, officers, employees, contractors and representatives (collectively, “Company Parties”) from any claims, damages, risks, losses, costs, expenses, injuries or death that may result from any use of any rented items, whether Renter, the children of Renter (and/or the friends of Renter’s children that use any of the rented items), including but not limited to any damages to property and/or Renter’s place of residence, which in any way is associated with or caused by any rental items rented by Renter. Without limiting the generality of the foregoing, Renter acknowledges and agrees that none of the Company Parties will be liable, obligated or responsible for accidents, injuries or property damage directly or indirectly caused or incurred by the use (or misuse) of any person of any rental items rented by the Company. Renter agrees to indemnify, defend and hold harmless each of the Company Parties for, from and against any and all claims (including but not limited to claims of third parties), demands, suits, actions, causes of action, liabilities, damages, losses, costs and expenses (including, but not limited to, court costs and reasonable attorneys’ fees) which are made or asserted against, or which are incurred by, any Company Party and which arises, directly or indirectly, out of this Agreement or any use by Renter or any other person (including, but not limited to any children of Renter or any friends of Renter’s children) that makes use of any rental items or which otherwise results from any act, omission, injury, accident, death or damage to property that arises from any use or rental of any items rented to Renter by the Company (whether or not as a result of negligence and whether or not foreseeable).
DISCLAIMER REGARDING CONSUMABLE GOODS PURCHASED FROM THE COMPANY (SUCH AS CUPCAKES ETC.). For clarity and in addition to the foregoing, neither the Company nor any other Company Party shall be responsible or liable for the ingredients of any consumable goods purchased from the Company (all of which goods are produced by third parties and resold by the Company). For example, but without limitation, neither the Company nor any other Company Party shall be responsible for any gluten-based ingredients in any such products or any allergies etc. of any consumer thereof. The Company shall have no duty to Renter or any other person to inquire about any dietary or other restrictions or requirements of any actual or potential consumer of any such goods.
MISCELLANEOUS. This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado, without application of the rules regarding conflicts of law. The parties hereto hereby consent to the jurisdiction of the state courts located in the City and County of Denver, Colorado, and irrevocably agree that all actions or proceedings arising out of or relating to this Agreement shall be litigated only in such courts. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement. This Agreement constitutes the complete and exclusive statement of its terms and supersedes all prior discussions, dealings or negotiations, if any, between the Company and Renter. This Agreement may not be amended, except by an agreement in writing, signed by Renter and an authorized representative of the Company. In the event of litigation relating to or arising out of this Agreement, the relationship between the Company and Renter and/or any items rented or purchased by Renter from the Company, the non-prevailing party shall be liable to and pay (and a court of competent jurisdiction shall award recovery of) all court costs and reasonable attorneys’ fees incurred by the prevailing party in connection with or as part of such litigation, including pursuant to any appeal therefrom. THE PARTIES HERETO WAIVE THEIR RESPECTIVE RIGHTS TO A JURY TRIAL OF ANY CLAIM OR CAUSE OF ACTION BASED UPON OR ARISING OUT OF THIS AGREEMENT OR ANY DEALINGS BETWEEN THEM OR OTHERWISE ARISING UNDER THIS AGREEMENT OR PERTAINING TO ANY ITEMS RENTED OR PURCHASED BY RENTER FROM THE COMPANY.