CONTRACT 7335 One Page Service AgreementAgreement No. 7335
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CONTRACTOR:
Below you will find
Segundo. Only tho.
include. The City rl
additional terms an(
authorization to
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eices Agreement
Mite Special Events, Inc. DATE: 6-12-202.5
a checklist relating to insurance and other requirements that are required for doing business with the City of El
items checked -off are MANDATORY, however if your standard policies exceed the minimum requirements please
serves the right to increase insurance limits/coverages based upon the scope and type of services. Please find
conditions, including additional insurance provisions, on the following pages. This is not a purchase order or an
eain work.
At least $1,000,000 per occurrence. See Section 12 for additional insurance and endorsement
® Business ,auto Liabilit : At least: 11.000.000 per occurrence. (If not provided, Seller affirms that it will not use an auto to perform
work.) S Section 12 for additional insurance and endorsement requirements.
® 'l gr ers° om en ation Insurance: Statutory requirement with waiver of subrogation. (If not provided, Seller affirms that it has no
employee .)
® Itlsiness io nse: Seller must have a current City of El Segundo license on file at City Hall or purchase said license (at no cost to
the City).
❑ Permits: f bns must be approved and permit(s) issued (no fee) by the Planning and Building Safety if appropriate. Call the
Planning manager @ (310) 524-2340 if you have questions.
CO of v lid picture 1.0, (Drivers license etc.)
PLEASE NOTE: AL. APPLICABLE INFORMATION LISTED ABOVE MUST BE OBTAINED AND ON FILE, PRIOR TO THE ISSUANCE OF A CITY
PURCHASE ORDER SING SENT TO YOU BY THE PURCHASING AGENT, THUS AUTHORIZING COMMENCEMENT OF WORK FOR THE CITY,
to alt blanks . COLOR COPY REQUIRED BACK TO THE CITY
Name: Mite S eoiai ents in
By (Print name & title"i
Cornpan Street Address:11278 Los Alamitos Blvd.
101
City„ Stag„ Zip: Los Alamitos, CA, 90720
Phone: (`$62) 799 - 7737
Vendor's Email address: tedhulk@msn.com
OriginatorlDepartment
Department Head
Insurance Approval:
City Attorney
Vendors Authorized Signature required:.
Date sty
FAX:
Vendor's Web site:
�!alissa Solarin] Police. Da adrnent Date initiated:
fjli
City Manager
,Date Approved:
Date Approved: r
ty
Clerle
Elite Special Events Inc, Short Services Agreement 6-12-25.doc Rev 2/27/25
Agreement No. 7335
1.GENERALLY. The materials, supplies, or services (collectively,
"Purchase") covered by this services agreement and purchase order
("order") must be furnished by Seller subject to all the terms and
conditions contained in this order which Seller, in accepting this order,
agrees to be bound by and comply with in all particulars. No other terms
or conditions are binding upon the parties unless subsequently agreed to
in writing. Written acceptance or shipment of all or any portion of the
Purchase covered by this order constitutes unqualified acceptance of all
terms and conditions in this order. The terms of any proposal referred to
in this order are included and made a part of the order only to the extent
it specified the Purchase ordered, the price, and the delivery, and then
only to the extent that such terms are consistent with the terms and
conditions of this order.
2.INSPECTION. The Purchase furnished must be exactly as specified in
this order, free from all defects in Seller's performance, design,
workmanship, and materials, and, except as otherwise provided, is
subject to inspection and test by City at all times and places. If, before
final acceptance, any Purchase is found to be incomplete, or not as
specified, City may reject it, require Seller to correct it without charge, or
require delivery of such Purchase at a reduction in price that is equitable
under the circumstances. If seller is unable or refuses to correct such
items within a time deemed reasonable by City, City may terminate the
order in whole or in part. Seller bears all risks as to rejected Purchases
and, in addition to any costs for which Seller may become liable to City
under other provisions of this order, must reimburse City for all
transportation costs, other related costs incurred, or payments to Seller
in accordance with the terms of this order for unaccepted Purchases.
Notwithstanding City's acceptance of any Purchase, Seller is liable for
latent defects, fraud, or such gross mistakes as constitute fraud.
3.CHANGES. City may make changes within the general scope of this
order in drawings and specifications for specially manufactured supplies,
place of delivery, method of shipment or packing of the order by giving
notice to Seller and subsequently confirming such changes in writing. If
such changes affect the cost of or the time required for performance of
this order, an equitable adjustment in the price or delivery or both must
be made. No change by Seller is allowed without City's written approval.
Any claim by Seller for an adjustment under this section must be made
in writing within thirty (30) days from the date of receipt by Seller of
notification of such change unless City waives this condition in writing.
Nothing in this section excuses Seller from proceeding with performance
of the order as changed.
4. TERMINATION. City may terminate this order at any time, either
verbally or in writing, with or without cause. Should termination occur,
City will pay Seller as full performance until such termination the unit or
pro rata order price for the performed and accepted portion of the
Purchase. City may provide written notice of termination for Seller's
default if Seller refuses or fails to comply with this order. If Seller does
not cure such failure within a reasonable time period, or fails to perform
the Purchase within the time specified (or allowed by extension), Seller
will be liable to City for any excess costs incurred by City.
5.TERM I TIME EXTENSION. This Agreement's term will be from
_8/05/2025 to _8/05/2025 City may extend the time
for completion if, in City's sole determination, Seller was delayed
because of causes beyond Seller's control and without Seller's fault or
negligence. In the event delay was caused by City, Seller's sole remedy
is limited to recovering money actually and necessarily expended by
Seller because of the delay; there is no right to recover anticipated profit.
6.REMEDIES CUMULATIVE. City's rights and remedies under this order
are not exclusive and are in addition to any legal rights and remedies.
7.TITLE. Title to materials and supplies purchased under this order
pass directly from Seller to City upon City's written acceptance following
an actual inspection and City's opportunity to reject.
&PAYMENT. City will pay Seller after receiving acceptable invoices for
materials and supplies delivered and accepted or services rendered and
accepted. City will not pay cartage, shipping, packaging or boxing
expenses unless specified in this order. Drafts will not be honored.
9.INDEMNIFICATION. Seller agrees to indemnify and hold City
harmless from and against any claim, action, damages, costs (including,
without limitation, attorney's fees), injuries, or liability, arising out of the
Purchase or the order, or their performance. Should City be named in
any suit, or should any claim be brought against it by suit or otherwise,
whether the same be groundless or not, arising out of the Purchase or
order, or their performance, Seller will defend City (at City's request and
with counsel satisfactory to City) and indemnify City for any judgment
rendered against it or any sums paid out in settlement or otherwise. For
purposes of this section "City" includes City's officers, elected officials,
and employees. It is expressly understood and agreed that the
foregoing provisions will survive termination of this order. The
requirements as to the types and limits of insurance coverage to be
maintained by Seller, and any approval of such insurance by City, are
not intended to and will not in any manner limit or qualify the liabilities
and obligations otherwise assumed by Seller pursuant to this order,
including, without limitation, to the provisions concerning indemnification.
10.WARRANTY. Seller agrees that the Purchase is covered by the
most favorable commercial warranties the Seller gives to any customer
for the same or substantially similar supplies or services, or such other
more favorable warranties as is specified in this order. Warranties will
be effective notwithstanding any inspection or acceptance of the
Purchase by City.
11.ASSIGNMENT. City may assign this order. Except as to any
payment due under this order, Seller may not assign or subcontract the
order without City's written approval. Should City give consent, it will not
relieve Seller from any obligations under this order and any transferee or
subcontractor will be considered Seller's agent.
12.INSURANCE. Commercial general liability ("CGL") insurance must
meet or exceed the requirements of ISO-CGL Form No. Form CG 00 01
04 13, or equivalent, covering CGL on an "occurrence" basis, including
property damage, bodily injury and personal & advertising injury. If a
general aggregate limit applies, either the general aggregate limit shall
apply separately to this project/location (ISO CG 25 03 or 25 04) or the
general aggregate limit shall be twice the required occurrence limit. For
automobiles, the insurance must meet or exceed the requirements of
Insurance Services Office Form Number CA 0001 covering Code 1 (any
auto), or, if Seller provides proof of a personal automobile policy, such
personal policy must include and indicate business venture coverage
with limits no less than $1,000,000 per accident for bodily injury and
property damage. If Seller has no owned autos, Code 8 (hired) and 9
(non -owned), with limits no less than $1,000,000 per accident for bodily
injury and property damage must be included in coverage. The amount
of insurance required will be a combined single limit per occurrence for
bodily injury, personal injury, and property damage for the policy
coverage. Liability policies will be endorsed to name City, its officials,
and employees as "additional insureds" under said insurance coverage
and to state that such insurance will be deemed "primary" such that any
other insurance that may be carried by City will be excess thereto. City's
additional insured status will apply with respect to liability and defense of
suits arising out of Seller's acts or omissions. Such insurance will be on
an "occurrence," not a "claims made," basis and will not be cancelable or
subject to reduction except upon thirty (30) days prior written notice to
City, and the notice must include any necessary endorsement to
facilitate such notice to City. See below for required endorsement
language pertinent to the insurance requirements. Seller will furnish valid
Certificates of Insurance to City evidencing maintenance of the
insurance required under this Agreement, a copy of an additional
Elite Special Events Inc. Short Services Agreement 6-12-25.doc
Agreement No. 7335
insured endorsement confirming City has been given additional insured
status under the Seller's General Liability policy, and such other
evidence of insurance or copies of policies as may be reasonably
required by City from time to time. Insurance must be placed with
insurers with a current A.M. Best Company Rating equivalent to at least
a Rating of "A:VII." Insurance endorsements must contain the following
language: (i) Additional insured endorsement with this language: "The
City of El Segundo, its elected and appointed officials, employees, and
volunteers as additional insureds," through ISO Form CG 20 10 1185 or
CG 20 10 with CG 20 37; (ii) Cancellation endorsement with this
language: "The City of El Segundo will receive thirty (30) days written
notice in the event of cancellation, nonrenewed or reduction." (iii)
Primary and Non -Contributory endorsement with this language:
"Coverage is primary and non-contributory such that any other insurance
that may be carried by the City will be excess thereto."
13.PERMITS. Seller must procure all necessary permits and licenses,
and abide by all federal, state, and local laws, for performing this order.
14.INDEPENDENT CONTRACTOR. City and Seller agree that Seller
will act as an independent contractor and will have control of all work
and the manner in which is it performed. Seller will be free to contract for
similar service to be performed for other employers while under contract
with City. Seller is not an agent or employee of City and is not entitled to
participate in any pension plan, insurance, bonus or similar benefits City
provides for its employees. Any provision in this order that may appear
to give City the right to direct Seller as to the details of doing the work or
to exercise a measure of control over the work means that Seller will
follow the direction of the City as to end results of the work only.
15.WAIVER. City's review or acceptance of, or payment for, work
product prepared by Seller under this order will not be construed to
operate as a waiver of any rights City may have under this Agreement or
of any cause of action arising from Seller's performance. A waiver by
City of any breach of any term, covenant, or condition contained in this
order will not be deemed to be a waiver of any subsequent breach of the
same or any other term, covenant, or condition contained in this order,
whether of the same or different character.
%INTERPRETATION. This Agreement was drafted in, and will be
construed in accordance with the laws of the State of California, and
exclusive venue for any action involving this agreement will be in Los
Angeles County.
17. ARTIFICIAL INTELLIGENCE. Seller must not utilize, employ, or
incorporate any form artificial intelligence, machine learning, or other
similar technologies (collectively, "Al") in the provision of services in this
Agreement without City's express written consent. The Al prohibition set
forth directly above will not apply to general business tools and software
that may have Al components but are not directly involved in the
execution or delivery of professional services that this Agreement
covers, provided that such tools and software do not significantly impact
the quality or nature of such services. Seller must promptly notify City, in
writing, of any proposal to employ Al in connection its provision of
services to the City under this Agreement. City will have the sole
discretion to grant or deny such proposal.
18. BACKGROUND CHECK; FINGERPRINTING; ASSOCIATED
TRAINING. If Seller's work involves contact with minors, before
conducting any performance of this Agreement, all Seller's employees,
subcontractors, volunteers, or other agents that will perform Seller's
work under this Agreement must submit to and pass a
background/fingerprint investigation conducted or approved by City.
Seller affirms and attests that its employees, subcontractors, volunteers,
or other agents that will perform Seller's work under this Agreement
have completed training in child abuse and neglect identification and
training in child abuse and neglect reporting, which may be met by
completing the online mandated reporter training provided by the Office
of Child Abuse Prevention in the State Department of Social Services.
Seller affirms and agrees that the background and reporting training will
be completed before beginning performance under this Agreement.
Upon City request, Seller will promptly furnish proof of completion of
such mandated reporter training to City, but in no event no later than two
business days following City's request.
19. ELECTRONIC SIGNATURES; SIGNATURE AUTHORITY. In
accordance with Government Code §16.5, the parties agree that this
Amendment will be considered signed when the signature of a party is
delivered by electronic transmission. Such electronic signature will be
treated in all respects as having the same effect as an original signature.
Seller warrants that its signatory (or signatories, as applicable) to this
Agreement has the legal authority to enter this Agreement and bind
Seller accordingly.
20. CONSISTENCY. In interpreting this Agreement and resolving any
ambiguities, this Agreement takes precedence over any attached exhibit
with conflicting provisions.
21. CONSIDERATION. As consideration, City agrees to pay Seller for
Seller's services not to exceed a total of $_2,050 for the
work. City will pay for work as specified in the attached Exhibit "A," which
is incorporated by reference.
22. EXHIBITS. Invoice/ Agreement #128 dated June 3, 2025
Elite Special Events Inc. Short Services Agreement 6-12-25.doc
Agreement No. 7335
• Event: El Segundo Police Event
• Address: 348 Main St, El Segundo
• Client: Sirena Boskovich — 310-524-2274
• Event Date: Aug 5 (Tues)
• Hours: 5-8pm
• Settl : 3 m
Decrlliou
Amount
Total
Deluxe Castle Bouncer combo
450
450
Giant 25' Dual Lane Slide
800
800
(2) trained staff to train volunteers and fill generators
125
250
(2) generators for power
125
250
Setup/teardown/delivery — El Segundo
J 300
300
Total 1 $2,050
w...............
• Deposit of half due at signing to reserve package. Balance paid at setup day of event
• Power and attendants included in price
• Insurance certificate additionally naming client will be provided after deposit received
List names to additionally insure here:
1. TERMS AND CONDITIONS. For Elite Special Events, Inc, and/or any affiliated companies, their respective officers,
directors, employees and agents. For use in this agreement Elite Special Events and affiliated companies will hereinafter be
described as the/this "Company" ("we," "us," or "our"). The Terms and Conditions of this Rental Agreement will hereinafter be
described as the/this "Agreement" ("Rental Agreement," "Rental Order," "Contact" or "Terms and Conditions"). This Agreement
is valid from the moment it is agreed to by the Customer. The customer, agent, agents, officers or employees and any third party
that is affiliated to anyone signing this Agreement on the behalf of those third parties for the purpose of this Agreement will
hereinafter be described as the "Customer" ("you," "your" or yours"). For the purpose of this Agreement all properties, assets,
merchandise, equipment, possessions, and/or articles belonging to the Company will hereinafter be described as "Equipment."
The period of time in which the customer agrees to be bound by this Agreement for the purpose of renting Equipment or Services
from the Company will herein after be described as the "Rental Period" ("length of contract," "Agreement Period," or "Life of
the Agreement"). The Rental Period is from the moment the Agreement is signed until the Equipment is returned to the
Company.
2. CUSTOMER OBLIGATION. The Customer rents or leases the Equipment from the Company pursuant to the signing of this
Agreement. Customer shall pay the Company the agreed amount in full on the day of the event, less any amounts paid as a
deposit to secure services. This contract is a true lease. The Equipment is and shall remain the personal property of the Company
and shall not be affixed to any other party. All aforementioned terms and conditions as well as any Terms and Conditions yet -to -
be mentioned, are subject to change without notice. The Customer acknowledges and understands that these terms and conditions
may have changed recently, including after the Customers last Agreemdnt Period.
3. PERMITTED USE. The Customer warrants that: (a) prior to the use of any Equipment the Customer has or will inspect the
Equipment to confirm that the Equipment is in a safe condition and suitable for the Customers intended use; (b) The Customer
agrees that any person at the delivery address is authorized to accept delivery of the Equipment. Customer agrees that accepting
the equipment includes indication of where the equipment will be placed for the intended use; (c) The Customer agrees to
immediately notify the company if the Equipment is lost, damaged, vandalized, stolen, unsafe, disabled, malfunctioning, levied
upon, threatened with seizure, or if an Incident occurs; (d) The Customer acknowledges and agrees that they have received from
the Company all information necessary for the operation or use of rented Equipment that does not explicitly require an operator
provided by the Company (i.e. booths, inflatables, canopies, and games, concessions, concession supplies, game supplies,
Agreement No. 7335
generators, power cords, tables and chairs or any other specified Equipment, which for the purpose of this Agreement will herein
after be described as "Customer Operate Equipment"); (e) The Customer agrees that the Company is not responsible to provide
an operator for any Customer Operated Equipment, unless otherwise specified by the Company or unless an affiliate of the
Company is requested with this Agreement as the intended operator of the Customer Operated Equipment; (f) The customer
agrees that the Company has no control over the manner in which Customer Operated Equipment is operated, maintained, or used
by the customer and/or any third party that the Customer implicitly or explicitly permits; (g) The Customer agrees that only
authorized persons (by the Company) shall be permitted to use or operate any of the Companies Equipment; (h) The Customer
agrees to secure the safety and integrity of the Equipment and to keep and/or store the Equipment in a safe location before,
during, and after the event.
4. PROHIBITED USE. The Customer shall not: (a) alter or remove any operational instructions, safety decals, or other
Equipment instructions or requirements; (b) move the Equipment from the delivery address without the Companies explicated
consent; (e) use the Equipment in a manner not permitted by the Company including the intent to or the use of the Equipment in a
negligent, illegal, unauthorized or abusive manner, nor allow the use of the Equipment by unauthorized parties (f) use the
equipment in a publication, advertisement or in a promotional way without the explicated authorization of the Company.
(Customer acknowledges that improper use of the Equipment and/or the use of the Equipment by untrained parties may be
dangerous and is strictly forbidden under this Agreement); (G) Customer is aware that the Company does NOT allow Adults (age
25 or older) on its inflatable devises and will insure that the Customers use of Inflatable devises are used by persons under the
age of 25 only.
5. CUSTOMER LIABILITY. The Customer assumes all risk and full responsibility associated with: (a) the Customers operation
and/or use of the Equipment while Equipment is in the possession of the Customer as agreed in this Agreement; (b) for the
amounts due for the Equipment rented from the Company, including all rental charges, fees, taxes, incurred cost, permit
expenses, penalties or other incurred expenses due to prohibited use; (c) for all damages, injuries, deaths, losses, destruction of
property or any incident that may occur during the, loading, unloading, transportation, customer operation and/ or as a result of
any prohibited use. "Incident" is any fine, citation, theft, accident, casualty, loss, injury, death or damage to person or property,
claimed by any person, or entity that appears to have occurred in connection with the Equipment.
6. RELEASE OF LIABLITY. To the fullest extent permitted by law, the customer indemnifies, releases, holds the Company
harmless and at the Company's request, defends the Company
(where approved by the Company), against all liabilities, claims, losses, damages, and expenses (including attorney's fees and
expenses) however arising or incurred, related to an incident, any damage to property, injury to, or death of, any person or any
contamination or alleged contamination, or violation of law or regulation caused by or connected with: (a) the use, possession or
control of the equipment during the rental period or breach of this Agreement, whether or not caused in part by the active or
passive negligence or other fault of any party indemnified herein and any of the forgoing arising or imposed in accordance with
the doctrine of strict or absolute liability; (b) Customers indemnity obligations shall survive the expiration or termination of the
contract. If any part of this section is determined invalid by a court of competent jurisdiction, Customer agrees that this clause
shall be enforceable to the fullest extent permitted by law.
7. ACKNOWLEDGMENT OF LIABILITY. The Customer acknowledges that the Company has described some of, but not all,
of the risk involved with the rental of Equipment. The Customer understands that not all incidents are foreseeable and it is
impossible for the Company to detail every possible risk inherent with the rental of Equipment. The Customer understands there
are unknown or unanticipated risks that may also apply which may result in injury, illness, or death and agree knowingly and
without coercion to the Release of Liability written above.
8. DEPOSITS & PAYMENT The Customer agrees to pay a deposit of not less than 50% of the total rental cost in order to
reserve Equipment. The Customer agrees to pay the remaining balance on the account before the start time of their event, unless
otherwise agreed. Customer acknowledges that: (a) the Company has the right to cancel any Agreement where a deposit has not
been credited, within 5 days of a request for services; (b) The company has the right to cancel any proposal/quote that has not
received a deposit within five days of its creation date; (c) The company has the right to require the amount due paid in full at any
time before the rental date (Customer understands that an order is not guaranteed unless all amounts due for the Equipment are
paid in full). The Customer agrees to pay all amounts due the day of the event before the operation of any Equipment or the use
of any services provided by the Company unless the Company approves an alternative payment date or time, at which time the
customer agrees to pay the full amount due; (d) the Customer agrees to allow the Company to charge credit cards on outstanding
balances if payments are not secured within three (3) days of the event completion or the otherwise agreed time for payment; (e)
the Customer agrees to pay a thirty-five (35) dollar fee for any late payments. Furthermore, the Customer agrees to pay an
additional fee of thirty-five (35) dollars for every thirty (30) days a payment is not received by the Company; (f) the Customer
further acknowledges that the Company will add a 25% Collection Fee to any account that is ninety (90) days past due. The
Customer acknowledges that the Company may use a third party collection company to collect on outstanding accounts, and
agrees to pay all penalties and fees as a result of late payments. Any payments, deposits, or monies received by the Company
from the Customer for the Equipment, authenticates this Agreement and binds the Customer to these Terms and Conditions.
9. RAIN POLICY Customer agrees to the following, (a) In the event of rain the customer agrees to notify the Company no less
than one (1) day before the event start time to request a delay, alter, or to cancel the Equipment or Services (for the purpose of
this agreement, the twenty-four hours prior to a contracted start time will hereinafter be described as the "timeframe"). A rain
date can only be called if the weather is predicted to be more than 50% precipitation during the twelve (12) hours before and after
the contracted start and end times noted on the contract; Customer must contact the Company by way of a telephone and leave a
detailed message as appropriate. Customer understands that attempts to contact the Company by any means other than through
the use of the telephone may result in a continuation of the Rental Agreement at the Customers own expense. (b) Customer
Agreement No. 7335
agrees to pay for improperly canceled Equipment or Services or to pay in accordance to the following: (a) if cancelation is not
done prior to the twenty-four (24) hour timeframe, then the Customer gives the Company the explicit right to retain any deposits
which will be credited toward a future event, unless otherwise agreed upon by the Company; (b) if cancelation is within the
twenty-four (24) hour timeframe, then the Customer agrees to pay twenty-five percent (25%) of the contracted total price plus
any delivery charges that may apply; (c) if cancelations is after the contracted start time but before half of the event rental period
has passed, then the Customer agrees to pay seventy-five percent (75%) of the contracted total price plus any delivery charges
that may apply; (d) if cancelation is after the contracted start time and occurs after half of the rental period has passed, then the
Customer agrees to pay in full all amounts of the contracted total price plus any delivery charges that may apply.
10. CANCELING OR ALTERING The Customer agrees that a request for information is nothing more than a proposal/quote and
without a deposit a proposal/quote can be canceled or altered by the Customer or the Company at any time. The Customer agrees:
(a) All deposits are nonrefundable; (b) altering or changing rental orders must be completed by 5:00 pm a minimum of forty-eight
(48) hours before the event start time, or 5:00 pm on Friday if the event is for a Sunday or the following Monday. A twenty-five
(25) dollar fee will be included on the order for any changes to the Rental Agreement within the forty-eight (48) hours prior to
the event; (c) altering the Rental Order will not change the Agreement nor will it alter any part of the Terms and Conditions. The
Customer agrees to the Agreement regardless of changes to the Rental Order. This includes but is not limited to, fixing or
updating dates, times, notes, Equipment ordered, payments, discounts, travel changing, insurance requirements or any fees
required for the event. The Customer agrees and acknowledges that canceling an order will result in the forfeiting of all deposits
not to exceed 25% of the rental amount unless otherwise agreed upon by the Company. The Customer acknowledges the
Companies right to refuse services for any reason. Customer agrees to be bound by this Agreement regardless of cancellation or
refusal of services.
11. ELECTRICAL REQUIREMENTS. The Customer is responsible for providing, securing, acquiring, or ascertaining any and
all electrical power requirements necessary to operate or cause the operation of all Equipment. Customer agrees: (a) to pay in full
the amounts due regardless of the Customers inability to provide the necessary electrical requirements for the Equipment; (b) to
keep all electrical required Equipment within one hundred (100) feet of an electrical source. Customer acknowledges that some
and not all Equipment provided by the Company may come with power by means of a generator. (Customer understands that
generators are a rental item and are classified as Equipment and may be rented from the Company under this Agreement).
12. PERMITS, LICENSES & INSURANCE. The Customer assumes all risk and full responsibility when acquiring permits,
licenses and additional insurance. The Customer is responsible to acquire all permits and/or licenses and will assume any cost
associated with permits and/or licenses if required by local ordinance. The Company will provide proof of insurance upon
Customer request. Additional insurance must be requested at least three (3) days before an event.
13. DELIVERY & OPERATIONAL DIFFICULTIES. The Customer acknowledges and understands that many of the attractions
rented from the Company may present a delivery and/or operational difficulty. The Customer agrees; (a) to make all information
concerning an events delivery methods or circumstances, including making the Company aware of obstacles such as stairs,
ramps, sidewalks, distances over (100) one hundred feet from a vehicle, backyard deliveries, gate restrictions, animal issues,
delivers onto decks, terraces, sand, grass or inside of a building, available to the Company before conformation of a rental price
can be assessed; (b) to gather all information concerning the Companies equipment restrictions or limitations that may prevent or
complicate a delivery or operation of equipment. This includes but may not be limited to, the size of equipment such as width,
height, length, weight, and whether the equipment can be carried or is trailer mounted, and make that information known to the
company so a proper rental price and feasibility can be assessed; (c) to inform the company of any operations limitations or
restrictions such as, crowd age, weight or size issues, crowd ability or desire and to make that information known to the company
so a proper rental prize and feasibility can be assessed; (d) to be aware of the Companies equipment limitations concerning
operational limitations (e) to pay the full amount for all equipment rental/s due to failure to use the equipment rented from the
Company for any reason mentioned in the aforementioned area; (f) to be charged an additional 15% more than the rental rate for
deliveries that apply to the aforementioned delivery methods or circumstances. Customer acknowledges that this fee may be
assessed upon arrival to a delivery location; (g) to accept full responsibility for any damages to property resulting from the
customers' misinformation or lack of information regarding the delivery of equipment. This includes any damages to grass, dirt,
flower beds, sprinklers, landscaping, fencing, or other obstacles as a result of the Customer improperly forewarning the Company
of delivery difficulties; (h) to allow a window for no less than (3) three hours before the contracted start time and (3) three hours
after the contracted end time, for the necessary delivery, setup, takedown, and pickup of the Company's Equipment; (i) Customer
acknowledges that any required time that would otherwise interfere, restrict, or infringe upon the (3) three hour window will need
to be added to this agreement as an line item description listing the Customer as having a Preferred Setup or Takedown.
Customer agrees that failure to acquire the Preferred Setup or Preferred Takedown on the Customers Agreement subjects the
Customer to the (3) three-hour window, and any additional cost accrued by the Company in the Companies attempts to drop off,
setup, takedown, or pick up the Equipment. Furthermore, the use of the equipment in any way by the Customer authenticates this
agreement and binds the Customer to these Terms and Conditions.
14. EQUIPMENT MALFUNCTION AND ALLOTED BREAKS. In the event of equipment malfunction as a result of the
Equipment and not of the Customer, the Customer agrees to allow the Company: (a) Fifteen (15) minutes of down time per each
piece of Equipment during each three (3) hours of operation. An additional five (5) minutes of down time for each piece of
Equipment per extra overtime hour will also apply. If the Equipment is down for more than fifteen (15) minutes in a three hour
period, a refund based on the total cost of the rental Equipment on a piece by piece basis (not including discounts, delivery
charges, and insurance cost) rounded in fifteen (15) minute intervals and then divided by the total cost of the rental will be used
to calculate the total amount of a refund. All other factors such as weather, failure to provide adequate power, crowd size,
temperature, potential loss of income, etc. shall not be a factor in determining or calculating an adjustment. (b) Customer agrees
to pay in full all amounts due for the Equipment regardless of Equipment malfunction or Equipment breakdown. Customer agrees
Agreement No. 7335
to allow the Company to refund any necessary adjustments after the day of the event. (c) Additionally, Customer agrees to
accommodate the Companies staff, treating them in a fair manor including allowing for at least one -bathroom break, meal break,
and any other necessary break that does not exceed the fifteen (15) minutes of down time per each piece of equipment during
each three (3) hours of operation. (d) Discounts provided to the customer will be calculated in the total amount before the
issuance of a refund.
15. FAILURE TO PROVIDE EQUIPMENT ORDERED. The Customer acknowledges that unexpected incidents can delay or
prohibit the arrival of Equipment. The Company will do as much as possible within reason to provide Equipment ordered but
may not be capable of doing so. The Customer agrees that: (a) the Company has the right to substitute Equipment of equal or
greater value at any time up to the end of the event; (b) the Company has the right to charge the entire amount of the original
equipment for the substituted equipment and/or charge more than the original price for any substituted Equipment if determined
necessary by the Company; (c) the Customer agrees to accept any substitute as long as the original idea of the Equipment was
maintained and the value of the equipment remained the same or became greater. If Equipment cannot be substituted, the full
amount of the rental including the deposit shall be returned to the Customer. The Customer agrees that should Equipment not be
provided as was agreed upon in this Agreement; the Customer will hold the Company harmless, and will agree to receive in
compensation only the original amounts paid by the customer for the Equipment. Customer agrees not to pursue future legal
action or recourse against the Company or the Equipment.
I the undersigned herby freely sign on this Agreement and declare myself lawfully bonding. I acknowledge that I do this of my
own free will understanding and agreeing to adhere to the conditions set forth by this Agreement to the exact specifications of the
Agreement. I agree to all the above terms:
Customer (please print) �-�� Date:
Customer (please sign)