1. Introduction. LA Party Rents, Inc. (“LAPR”) and customer (“Customer”) agree as stated in these terms.
2. Equipment Condition. “Equipment” refers to all items rented or sold. Generally, the equipment has been used before. Customer is obligated to inspect all equipment before or at the time of taking possession and must notify LAPR immediately of any equipment not in condition or repair acceptable to Customer. Whether a rental or sale, CUSTOMER ACCEPTS THE EQUIPMENT “AS IS, WHERE IS, WITH ALL FAULTS.”
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4. Payment. Customer shall pay LAPR in full and on time, all charges stated or described on the other side of this document.
5. Use. Customer agrees to use and operate the equipment only in the manner and for the purpose for which the equipment is intended, designed and provided to Customer. Customer shall not: alter, modify or disfigure the equipment; move the equipment from the event address stated on the other side, without prior written consent from LAPR as to manner of movement and new location; damage the equipment; use the equipment in a negligent, reckless, illegal, unauthorized or abusive manner; or allow operation of the equipment for an illegal purpose or by any unauthorized individual.
6. Disclaimer of Warranty. LAPR MAKES NO WARRANTY, EXPRESSED OR IMPLIED, OF MERCHANTABILITY OR FITNESS, CONDITION, QUALITY OR OTHER ASPECT OR CHARACTERISTIC OF EQUIPMENT RENTED, LEASED OR SOLD. LAPR SHALL NOT BE RESPONSIBLE FOR ANY INJURY OR DAMAGE THAT OCCURS WHILE THE EQUIPMENT IS IN CUSTOMER’S POSSESSION OR IS IN USE BY ANYONE WHILE IN CUSTOMER’S POSSESSION. THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION ON THE FACE OF THIS DOCUMENT.
7. Responsibility. For a rental or lease: Customer is responsible for the equipment and must protect the equipment from loss and damage. Customer shall not release or redeliver possession of any equipment to any person, firm, or other entity without prior written consent of LAPR. Customer must reimburse LAPR for LAPR’s choice of repair or replacement of damage to or loss of equipment.
8. Ownership. At all times, ownership and title to rented or leased equipment remains solely in LAPR. Customer shall be responsible for all rental charges and other charges, even if Customer directed that any or all charges be billed to another person or entity.
9. No Repair. Customer shall not attempt to make or arrange repair to equipment. If an item does not operate or function properly or satisfactorily, Customer must immediately notify and arrange to return the equipment to LAPR and cooperate with LAPR in making the equipment available for pickup by LAPR.
10. Sale. For a sale, if the full purchase price is not paid at the time of the transaction, ownership and title to the equipment remain solely in LAPR until purchase price is paid in full. On full payment ownership and title shall be deemed to pass to Customer. Customer is solely responsible for loss of or damage to, or caused by, equipment, both before and after title passes to Customer.
11. Weather. Tents, umbrellas and other equipment may be impacted by natural elements, acts of God, wind, heat, cold, rain, storm, other weather and other conditions. CUSTOMER ACCEPTS THE RISKS THAT EQUIPMENT MAY LEAK, BLOW DOWN OR BE IMPACTED IN OTHER WAYS, BY THESE AND OTHER CONDITIONS AND EVENTS.
12. Disclaimer of Liability. LAPR SHALL NOT BE LIABLE FOR FAILURE OF EQUIPMENT, EVENT DISRUPTION, CANCELLATION OR FAILURE, OR FOR INJURY OR DAMAGE, OCCURRING OR CONTRIBUTED TO BY ACT OF GOD, WIND, HEAT, COLD, RAIN, STORM, OTHER INCLEMENT WEATHER OR OTHER REASONS. THESE OCCURRENCES SHALL NOT RELIEVE CUSTOMER FROM RESPONSIBILITY TO PAY ALL FEES, CHARGES AND COSTS TO LAPR.
13. Injury to Property. CUSTOMER ACKNOWLEDGES THAT INSTALLATION, PLACEMENT AND USE OF LAPR EQUIPMENT CAN DISRUPT OR DAMAGE PROPERTY AND UNDERGROUND PROPERTY, INCLUDING, BUT NOT LIMITED FLOORING, PATIO, GROUND SURFACE, WATER PIPES, DRAINAGE PIPES AND OTHER PROPERTY. CUSTOMER ASSUMES ALL RISKS OF SUCH DISRUPTION AND DAMAGE. LAPR SHALL NOT BE LIABLE FOR DISRUPTION OR DAMAGE TO PROPERTY AND UNDERGROUND PROPERTY, INCLUDING, BUT NOT LIMITED TO FLOORING, PATIO, GROUND SURFACE, WATER PIPES, DRAINAGE PIPES AND OTHER PROPERTY.
14. Indemnity. Customer agrees to indemnify, defend and hold harmless LAPR and LAPR’s personnel, officers, directors and owners from and against claims of, causes of action for and demands for recovery of compensation, damages, losses, or injuries sustained by any person(s) or entity(s), property damage, lost income or revenue or other impact on person(s) or event(s), and/or other loss or injury or damage, caused by, contributed to by, resulting from, associated with or relating to use of the equipment, presence of the equipment on, in, at or near Customer’s premises or other premises designated for use of equipment, defect or failure of equipment, and/or any other aspect, attribute or incident of or associated with equipment while in Customer’s possession, custody, use or control or in delivery, pick-up or return, and for injury, damage to or loss of equipment rented to Customer.
15. Force Majeure. When LAPR is prevented, hindered, disrupted or delayed in performing any obligation(s) by act of God or other occurrence beyond LAPR’s control, LAPR shall be excused from further performance. Customer shall pay in full the charges, fees and costs for services performed up to the time the act of God or other occurrence excused performance.
16. Disputes. Any disputes shall be brought only in the federal and state courts in Los Angeles County, California. Customer consents to the jurisdiction and venue of such courts. California law applies. Customer shall pay and reimburse any attorney fees and costs incurred by LAPR to enforce this Agreement or in any dispute arising from or relating to this Agreement.
17. Insurance. Customer shall maintain liability and property damage insurance sufficient to cover all equipment and protect LAPR from actual or alleged acts or omissions of Customer or LAPR. At LAPR’s request, Customer shall have LAPR added to Customer’s insurance as an additional insured. Customer shall provide LAPR copies of Customer’s insurance policies on LAPR’s request.
18. Relationship. The parties are independent contractors, not partners, joint venturers, principal-agent or employer-employee.
19. 18. Waiver. Waiver by LAPR of a breach or other matter must be in writing and does not waive any other breach or matter. No delay or omission by LAPR to exercise or enforce any right or remedy shall be construed as a waiver of the right or remedy.
20. 19. No Assignment. Customer shall not purport to assign or transfer this Agreement or any rights under this Agreement and any purported assignment by Customer, without written consent of LAPR, shall be void and of no force or effect.

Customer acknowledges and agrees to the terms and conditions above.