Equipment Rental Agreement – Hilltop Foam PartiesBy submitting payment and renting equipment from Hilltop Foam Parties ("the Company"), you ("the Client") agree to the following terms and conditions. This agreement is legally binding and enforceable. Please read carefully.
1. Identification Requirement• Age Requirement: All pickups and deliveries must be received by a person aged 18 or older.
• ID Verification: A valid government-issued photo ID is required to verify age and confirm identity at the time of pickup or delivery.
2. Cancellations, Modifications, and Rescheduling• Rescheduling: You may reschedule your rental at no cost to any available date within 12 months of the original event date. Credit can be applied dollar for dollar to any of our services or rentals.
• Cancellation Policy: 50% of the rental amount is considered a non-refundable reservation fee, refundable only in the case of gross negligence on the part of the Company.
• Modifications: You may upgrade your rental (subject to availability) at any time, but you may not remove items once they are reserved.
• Credit Policy: Any forfeited reservation fees may be converted into a credit, valid for 12 months. Rates are subject to change.
3. Weather Policy• Advance Notice: Please notify us by 8:00 AM on the day of your rental if weather may affect your plans. We’ll work with you to reschedule.
• No Refunds for Weather: We do not issue refunds or credits for cancellations due to weather. However, if weather disrupts your event and it is feasible, we may extend your rental by one day at no additional charge.
• Team Considerations: Last-minute changes affect our scheduling and other clients. Early communication helps us ensure a smooth experience for all parties.
4. Equipment Return & Late Fees
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Timely Return: All equipment must be returned or made available for pickup at the agreed-upon time.
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Delivery Option – Missed Pickup or Inaccessibility: If you selected the delivery/pickup option, a $100 fee will be charged if the equipment is not accessible and we are unable to retrieve it at the scheduled time.
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Self-Pickup – Missed Pickup: If you opted for self-pickup, failure to arrive during the scheduled pickup window may result in cancellation and forfeiture of your rental, without refund.
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Late Return Fee: A full-day rental fee will be charged as a late fee for each day the equipment is not returned on schedule.
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Missed Return Appointment: If your drop-off or return is more than one hour past the scheduled time without prior approval, a $50 late fee will be charged.
5. Payments• Payment Terms: Full payment is required at the time of booking. The card on file may be charged additional fees as outlined in this agreement (e.g., late fees, damages, missing equipment).
6. Waiver and Release of Liability• Instructions Provided: The Client agrees to follow all safety instructions provided, including written guides and video demonstrations.
• Assumption of Risk: The Client assumes all risks associated with the setup, operation, and use of the machine.
• Liability Release: The Client releases the Company from any liability for injuries, property damage, or loss arising from use of the equipment, except in cases of gross negligence or willful misconduct.
• Indemnification: The Client agrees to indemnify and hold harmless the Company from all claims, legal actions, or losses resulting from the use or misuse of the equipment.
• Limit of Liability: The Company’s total liability shall not exceed the total fee paid for the rental. This limit applies to all legal theories of recovery.
• Insurance Disclaimer: The Client understands and acknowledges that the Company’s insurance policy does not extend coverage to rented equipment once it leaves our possession.
• Jurisdiction: This agreement shall be governed by the laws of the state of Tennessee.
7. Prohibited Use• Water Hazards: Rental machines must never be aimed at pools, lakes, or any bodies of water. The Client assumes full responsibility for any consequences.
• Bounce Houses & Amusement Devices: Do not spray foam/snow/bubbles into or onto bounce houses, inflatable slides, or any other amusement equipment.
• Approved Solution Only: Only solution provided or approved by Hilltop Foam Parties may be used. Use of household detergents or unapproved substances is strictly prohibited.
• Misuse Penalty: Any damage caused by misuse or use of unapproved solutions will result in fees for replacement, repair, and potential legal liability.
8. Condition of Equipment• Equipment Condition: The Client agrees to return the equipment in the same condition it was received. Excessive dirt, damage, or missing parts may result in additional cleaning or replacement fees.
• Loss or Damage: If equipment is damaged or lost, the Client agrees to pay the full replacement value as determined by the Company.
By submitting payment and completing your rental, you confirm that you have read, understood, and agree to all of the above terms.
