Jax Party Agreement

JAX PARTY SERVICES AGREEMENT

All online orders are subject to review even if paid in full.   Jax Party has the right to refuse any order for any reason including but not limited to inventory, availability, delivery schedules and more.  Customer is advised to contact and confirm availability of items, delivery and other logistics.  Order cancellation is applicable for orders that does not meet one or more of the above requirements including changes in delivery address within 72 hours of the event  or lack of required minimum payment. Additional cancellation terms apply as per the cancellation section in this contract.    In addition to the terms below, and the operation guidelines on each rented item, the Lessee (customer) agrees to supervise the operation of any rented item and further agrees that if the item is damaged that he/she will reimburse Jax Party for the full price to fix the damage and/or the full replacement value of the rented item.  Before signing this contract, Lessee agrees that he/she has read the entire contract, has agreed to all terms and conditions herein, and has had all questions he/she may have answered to the Lessee’s full satisfaction and understanding.

RENTAL AVAILABILITY:  A notice of 2 week period is recommended to guarantee availability of rental equipment.  If you only have a quote, there's no guarantee those items/event slots will be available when calling close to the event date to confirm the quote for the event date.    Only a paid confirmed Order is considered as booked. 

DELIVERY/OPERATION/PAYMENTS:   A minimum payment (Corporate Check, Cash, Credit Card, Venmo, Zelle )  of 35-50% (which varies by rentals/service)  is required for  bookings.   A valid credit card will be required to be kept on file to secure the order as well as through the period of the rental.  Customers with established rental history and in good standing may submit a signed purchase order in place of a security deposit.   All payment is due before the event date.    Please note if balance payments are not made or declined while processing, we may not be able to deliver your rentals in time.   The office may try to reach you to collect alternate payment, but it's the Leasee's responsibility to check any non-payments and balance due.    Any pending payment, if not paid, will be automatically processed using card on file before the event date. By entering this contract, customer provides explicit authorization to use their credit card on file, for recurring rentals and in  failure to pay the dues in time, to process the payments and penalty with the card on file.   There is no Cash on Delivery option unless clearly arranged with the rental office.  Cash only pickup option requires proper state issued identification.  The delivery personnel are authorized to take a snapshot of your identification for verification purposes and once the rental is returned such identification information will be removed from our system.

We may call you 12-48 hours before the event date to set a timeslot for delivery that ranges from 2-4 hours.    We require confirmation on the delivery slot at least 12 hours before the delivery date.   We also require approval if the delivery is unattended to enter your premises and deliver the items.   We require you to make the delivery path accessible and also secure all pets and remove all obstacles.     

Please note your delivery may happen 1-3 days before event and maybe picked up up to 5 days later and/or under special circumstances such as store closures etc., pickup may happen well after the closure dates when the store reopens which could exceed 5 days or more.   These terms are additionally communicated during or before rental delivery.   On accepting such special circumstance deliveries, the customer accepts these special terms.  All rental equipment shall be securely stored by the customer until pickup.    You have the right to refuse any of these terms before delivery is accepted well in advance of any cancellation terms. 

A signed contract, or lack thereof, DOES NOT relieve you from personal, financial responsibility and obligation of payment for your reservation. It is implied that if a reservation is placed and a payment has been made for securing the reservation with intent to take delivery of the goods/services, that you fully intend to take delivery of the goods/services and agree to the contract terms. Only upon cancellation, which all cancellation terms of this agreement apply, may you relieve yourself of the financial obligation and responsibility to pay in full; unless your cancellation does not meet the requirements set forth in this agreement by which 100% of the payment shall apply. Such fees include but are not limited to: rental equipment fees, delivery fees, set-up fees, labor fees, damage waiver fees and any other fee associated with the special circumstances of your reservation. This is NON-NEGOTIABLE and it is YOUR responsibility to know with whom and the date and circumstances regarding your event. Double booking, the absence of a signed contract with Jax Party or any other circumstance within YOUR control holds you fully responsible to these terms.

This contract is accessible through your invoice/receipt email anytime.   It is implied that by receipt of a confirmation email or confirmation by written, verbal or any other source that you have read and fully understand the  terms and conditions of this agreement.  If no such contract exists or was not signed, it is implied that your intent, coupled with the easy accessibility of this agreement through your receipt URL, shall perpetuate and solidify the agreement.  What this means is, contract or not, if you took the time to read this or not, you will be held to these terms both financially and personally if you placed an order with Company.

The delivery charge is based on your zip code.    The delivery is to deliver to the location in the order and pick-up from the same location only.   Additional delivery charge may apply for some locations.   Last minute changes in delivery locations can lead to cancellation or delay and/or additional charges.   Deliveries are made only to ground level unless explicit arrangements are made in advance.   So please make sure the arrangements for delivery are clear and detailed, as there might be additional charges and delays if stairs or additional carrying over 50 ft. is involved.    Check your order and let us know in advance.    Our delivery personnel is not responsible for finding our rentals in your event location.   Leasee is responsible for arranging with our office and returning any/all rentals that are not set for pickup in a designated area to a designated address provided by our rental office.    Otherwise,  a 15% fee will apply for pickup delays in additional to daily rental fees.

To address specified by Lessee. Lessee grants Jax Party and its employees/contractors, the right to enter said property for the delivery and return of the rented equipment at approximate times. All payments must be made beforehand as per our notification or as informed by our representatives.   Any balance due is due at time of delivery.  No refunds will be made after the equipment has been delivered.   Use only provided electrical cords for rental equipment.     The electrical cord should be plugged into an outlet and be the only thing operating on that electrical circuit.  Circuit breakers should also be checked.  Customer is subject to an additional charge of minimum $50.00 + travel fee for the zip code for all service calls due to electrical or related issues. 

BALLOON SERVICES:   

Balloon Services  include only setup and no teardowns other than any removable/returnable balloon structure.   Customer is responsible for tearing down balloons and cleanup of all balloons (unless prepaid for balloon teardown and cleanup).  Company is not responsible for residual balloon waste cleanups in or around the property, except from the balloon structure.   Customer is advised to clear the balloon immediately after the event by poking/cutting balloons to prevent them from been blown in or around the property.   The balloons can also be cut and removed fully leaving only the structure.    If not pre-arranged for pickup at the installation site, failure to return balloon equipment within 48 hours will result in $50 per equipment and $25 per additional day plus any additional charges resulting in non-availability of the equipment for our other rentals.    Additional setup/teardown  is available for a fee based on the rentals.

1. General Liability Disclaimer

Jax Party guarantees that all balloons and related decorations will be delivered in good condition and professionally installed at the time of setup. However, due to the fragile nature of balloons and the influence of environmental conditions, Jax Party is not responsible for the condition or longevity of balloons after the installation is complete and accepted by the client or their designated representative.

2. Outdoor Installations

Balloons installed outdoors are particularly susceptible to weather conditions including, but not limited to, wind, sun exposure, heat, cold, humidity, rain, and sudden temperature changes. Jax Party does not guarantee the duration or stability of any balloon display installed outdoors, regardless of the time of year or forecasted weather.

The client understands and accepts that:

• Foil and latex balloons may deflate, oxidize, burst, or detach from their installation due to weather or terrain factors.
• Even properly anchored balloons may be affected by wind or sunlight.
• No refunds, replacements, or compensation will be provided for balloon degradation or failure after the time of setup.

3. Indoor Installations

While indoor environments are more controlled, balloons are still susceptible to damage due to:

• Air conditioning/heating vents
• Ceiling fans
• Direct sunlight through windows
• Contact with sharp objects or surfaces

Jax Party will take all reasonable precautions during setup, but is not liable for any damage or deterioration that occurs after installation due to conditions beyond its control.

4. Client Responsibility Post-Setup

Once the installation is complete and accepted:

• The client assumes all responsibility for monitoring, securing, and maintaining the display.
• Any reinstallation, repair, or replacement requests post-setup may incur additional charges.
• Jax Party cannot do replacements or redeliveries after setup is complete due to Personnel, Items and other availabilities.

INSTRUCTIONS/CLEANING: Some of our rentals require training prior to usage.   If the designated individual of the Lessee is not present at the time of delivery and/or if no operating instructions was given prior to use of the equipment, Jax Party Supply and Rental will not be held responsible for machines that do not work properly.  Please refer to the BALLOON SERVICES section above for cleaning balloon left overs. 

You will be responsible for the equipment from the time the equipment is delivered and set up to the time it is picked up. Please make sure the equipment is secured when not in use and protected from wind and water hazards  such as inclement weather, outdoor sprinklers, pools, pets or wet or damp  surfaces. You will be charged up to full replacement cost for any damaged or missing items.   You will be charged a $50 - $200 cleaning fee if the equipment is returned dirty. If we are forced to take legal action to recover our equipment, you agree to pay for any and all legal fees. Additionally, we retain the right to charge for loss of use for the time the equipment is not in our possession.

RULES FOR SAFE OPERATION:   

Customer is strongly advised  to follow all safety rules with rental equipment.   Concession items and other equipment will come with respective instructions which includes safety.   Never allow children next to electrical equipment or other rentals and always keep an eye on safety and making sure the rentals are secured always and in place.  Stay away from large canopies and do not try to tear them down without proper instructions and multiple personnel.    Call our office to get instructions before tearing them down and/or wait for our personnel to arrive.  Tearing down canopies improperly can cause damage to property and personnel.  

Moving, Altering, Tampering,  Rearranging any rentals from the original setup by our attendant is a violation of Safety.   Penalties shall apply on equipment damage if any of the aforesaid actions are taken by Leasee.  If there are natural conditions such as high wind, rain or other factors the customer should try to safely with enough support personnel carefully tear down rentals after contacting someone at Jax Party.  If the conditions are unsafe, immediately email and/or call our office, Delivery personnel number (if available)  and request tear down and try to secure the area as much as possible until delivery personnel arrive.   In the event a teardown is not possible, keep any personnel including children away at a safe distance from the rentals to prevent injury or other situations.   If anyone is injured , contact 911 and notify our office immediately.  A police report is required for any situations that led to injury or other serious conditions.    Jax Party is not responsible for equipment failures to due natural conditions such as weather or other disasters or failure to follow the procedures above and general safety.    

OVERNIGHT RENTALS/RENTALS PICKUP:     Please note that pickup of rentals can be up to 1-3 business days after the event date unless held in parks or banquet halls or special locations and special arrangements are made ahead of time with our booking office.      Leasee understands and acknowledges the rentals are locked up in a secure location overnight.   Lessee is responsible for securing all rentals until pickup.    

CANCELLATIONS: Due to the high demand for equipment, it is necessary for us to have reservations guaranteed in advance in the form of a security deposit. You may cancel any time up to 7 days prior to the delivery or will call date of your rental equipment with no cancellation fee and expect a full refund on any deposit. If you cancel after 7 days prior to your delivery date or will call, you will be charged 50% (Minimum required payment) of your total rental equipment cost. Cancellations made less than  72 hours will be charged 100% of the rental cost  for all equipment reserved.  Removal of partial items (Over 20% of the total) on the booking within 72 hours of the event is also considered as partial cancellation and no refunds will be issued.  

COMMUNICATIONS/TEXT MESSAGES: Our automated systems and delivery personnel may use text message options to inform you of deliveries including our arrival, pickup and other important communications including schedule changes  and related.   Please note that data rates may apply from your carrier .    We do not use the text message or phone service for marketing purposes and do not share  your information with any of our non-service partners.  

MINORS:  Persons under the age of 18 are not eligible to purchase, cancel or modify any services.  Such purchase shall be considered as a legal violation and shall be reported to the appropriate authorities including but not limited to law enforcement and credit authorities and immediate further actions and cancellations and penalties shall apply. 

CHANGES AT VENUE & DELAYS: Any changes to planned rental setup that are given by customers to our employees at the event venue without clear and prior notification (at least 48 hours or more) may result in delay of completion or only able to setup partial items in the given period.    Customer agree not to hold company responsible for delays or problems caused by  changes of setup, design, space, location or related or any other factors that is not listed.  This includes if our employees are redirected by Customer for additional assistance other than the planned setup.  Any delays that exceed over 20 mins during delivery shall be charged $50 every half hour.   So please ensure rentals can be received in time.  This also helps us so other customers are not delayed. 

DELIVERY/PICKUP DELAY IMPACT FEES: It is not necessary to be home for your rental equipment items to be delivered or picked up. If you have a gate code, pad lock on your side gate, business hours that you may be closed, or  other circumstance that would hinder our ability to deliver or pick your items  up, it is imperative you notify our office staff well in advance. We charge a fee of $1.00 (One Dollar) per minute for waiting unnecessarily to deliver and we charge one additional delivery fee per occurrence where we must return to  deliver or pick the items up from your location if such an inconvenience occurs.  Lessee understands that inconvenience, delays and improper planning can result in disrupting our other deliveries for customers.    If the delay creates a circumstance where the items are needed for another event and are not made available to that customer due to your lack of planning, then Jax Party reserves the right to charge you up to 5 Times the rental rate for each item that is made unavailable.

WILL CALL LATE FEES: You are expected to return all of your rental equipment on or before the date specified on your contract. Failure to return all of the items on or before the return date shall result in a 10% fee based on the total contract amount, and charged rental rates for each business day the items are late until they have been returned in full to our possession.  Late charges will be charged to your credit card on file.   Occasionally due to the high volume of deliveries or unavoidable delays, we may request the Lessee to hold our equipment for up to 48 hours until pickup.

DAMAGE TO VEHICLES/PERSONNEL WHILE LOADING/UNLOADING: As a courtesy service to our customers, Jax Party may assist in loading and unloading rental equipment on/off your vehicle.  At any time during this,  you have the right to stop the assistance and load rentals yourself.  You shall hold Jax Party harmless as a result of any damage, however slight, as a result of this courtesy service.   Due to insurance regulations and driving and road conditions beyond our control, Jax Party  employees are instructed to, under no circumstances, secure, strap or  tie down rental equipment on a customer's vehicle. Any damage to the vehicle or equipment as a result of poorly secured equipment is the responsibility of the Customer.  If under special exception an employee does secure rental equipment on the vehicle, it remains the Customer's responsibility to re-check the security of the straps, ropes, knots and to drive in a safe manner. Any damage to the vehicle or equipment as a result of an employee securing rental equipment shall remain the Customer's responsibility.

HELIUM & PROPANE RENTALS:   Helium and Propane prices may vary from time to time on long term rentals.  Any such rentals used for more than 15 days are considered long term rentals and renewal period can see a change in price based on our helium/propane supply changes.     Long term helium rentals customers are required to replenish/refill helium at a minimum of every 60 days.   Idle rentals with no refills can be revoked with a 7 day notice.    Helium tank rental is billed at a monthly cycle.   Late fees of upto 15% of the balance shall apply for monthly helium tank rentals that are not paid within 7 days of the billing cycle.    Notices to return helium tanks will be processed within 7 days.  Delays in returning helium tanks shall result in billing full new purchase cost of the rented tank along with the adapter pricing and $25 or 15% per day of total rental. .      Tanks returned after a delay of 7 days shall not be accepted, and if accepted no refunds shall be issued as delay in tank returns affects our tank inventory and delivery to other customers.  

PARKING:  Please ensure sufficient parking is cleared at the address and loading/unloading zone to assure deliveries are not delayed.  If its home delivery keep the garage front yard or relevant area clear of vehicles for our rental vehicle(s) to unload.   Jax Party will not be responsible for damage to any vehicles  parked improperly due to insufficient space clearance or improper pavements or other obstructions at a minimum of 3ft from the paved driveway or pathway.  It is the customer responsibility to remove any vehicles, branches or things away from the delivery vehicle and leave a minimum of 6 ft clearance on all sides.     If it's the special event parking permit, please ensure that event permits are supplied to the delivery personnel on arrival or to the office in Advance.  Jax Party will not be responsible for parking citations and any such citations will be collected from the Rental Customer.  

COLLECTIONS:

Rental Loss, Late fees, Other balance dues including any fraudulent chargebacks and related fees shall be sent for collection after 30 days from the event date or after chargeback arbitration bank decisions,  if we're unable to collect with payment on file.   Customer is responsible for all collection costs and related fees in additional to the cost of the rental , shipping and late charges  .

ADDITIONAL TERMS OF LEASE:  Jax Party is not responsible for bad weather, disruption of electrical service and/or unfavorable conditions that may arise and no charges or fees will be reimbursed as a result.  If lessee operates the rentals in a manner contrary to the intended use and is damaged, Lessee agrees to pay the cost or repair or full replacement value of any damaged equipment .   Lessee agrees that the equipment leased is for Lessee’s own use and said equipment is not be loaned, sub-let, mortgaged or in any other manner disposed of by Lessee. Lessee further agrees to be liable for any loss of said equipment by reason of fire, theft, or any other cause.
Company and Client mutually agree to forbear from making, causing to be made, publishing, ratifying or endorsing any and all unvalidated remarks, derogatory statements or comments made to any party with respect to either of them. Further, the parties hereto agree to forbear from making any public or non-confidential statement with respect to the any claim or complain against either party without the mutual written consent of each of them, to be given in advance of any such statement.


USE OF EQUIPMENT TERMS AND CONDITIONS :

1. I have been instructed on the correct operation and safety features of each piece of rental.
2. I have been given sufficient time/opportunity to inspect all rental equipment and find no apparent damage.
3. I understand that misuse, improper operation or negligence of procedures and/or equipment by me or my guests can result in severe injury, damage, personal/property loss or Death.   I shall not hold Jax Party Supply and Rental for such occurrences.
4. Jax Party Supply and Rental has not supplied any Alcohol for my event.

5. I am responsible for the Preparation, Storage, Cleanliness, Safety and Correct Operation of all rental equipment, accessories and food items associated with Rentals.

6. I have allowed Jax Party Supply and Rental to act as my contractor to set-up, connect, display and begin operation of all rental equipment and will not hold Jax Party Supply and Rental responsible for any incorrectness or negligence as a result. Jax Party Supply and Rental will set up equipment to "The best of their ability" and are not and should not be considered experts in the construction, operation, placement or display of any rental equipment.
7. The following conditions regarding specific equipment shall be agreed upon and any action not in strict adherence to the guidelines below shall result in FULL REPLACEMENT VALUE of each damaged item:
8. Tents, Canopies, Umbrellas: All tents, canopies and umbrellas are subject to wind hazards.  It is YOUR responsibility to secure items in windy conditions where a possible threat of damage may occur. On occasion, canopies and umbrellas are not secured to any ground weight or stake and may blow over causing damage to the equipment or injury to a person. Because Jax Party Supply and Rental cannot be at your location at all times, YOU are responsible for the liability. Once secured, all tents and canopies may not be moved or removed from the location in which it was placed by an employee of Jax Party Supply and Rental, nor shall you alter or modify the form in which the equipment was secured. Doing so violates the terms and conditions of this agreement and any damage or injury as a result shall be your responsibility. The only exception to this condition is for complete removal and take-down after an event or in the event of an emergency.
9. All accessories and additional concessions not considered a “connected part" of the rented equipment provided by Jax Party  Rental have been delivered and released into my possession as new, unopened  packages. I understand that Jax Party Supply and Rental uses third party manufacturers and suppliers to provide accessories necessary for the operation of some rental equipment and that although the Jax Party Supply and Rental label may appear on the package; Jax Party Supply and Rental plays no role in the actual manufacture, packaging, shipment storage or delivery of the item.
10. I have had all questions regarding this addendum and entire rental agreement answered to my satisfaction.
11. I will clean all items rented, this includes rinsing silverware, place settings, chairs and tables including removing any staples, tape and gum from the bottom of the tables. A cleaning / damage fee will apply for any item returned dirty / damaged of not less than $50 - $200 dollars. Others items that  are damaged may cost more to repair / replace those items include but are not  limited to: Canopies, Tents, Tables, Chairs, dance floors, linens, dishware,  flatware, audio visual equipment, concession equipment, bars, are themed  rentals.
12. I will accept full responsibility for any accident, loss, damage, injury, theft, loss of limb, death or any other conceivable misfortune or accident that may occur as a result of the use, operation, transport or ingestion by myself or any of my guests.   

HOLD HARMLESS PROVISIONS:   Lessee agrees to indemnify and hold Jax Party harmless from any and all claim, actions, suits, proceedings, costs, expenses, fees, damages and liabilities, including, but not limited to, reasonable attorney’s fees and costs, arising by reason of injury, damage, or death to persons or property, in connection with or resulting from the use of the leased equipment. This includes, but is not limited to, the manufacture, selection, delivery, possession, use, operation, or return of the equipment.  Lessee hereby releases and holds harmless Jax Party from injuries or damages incurred as a result of the use of the leased equipment. Jax Party cannot, under any circumstances, be held liable for injuries as a result of inappropriate use, God, nature, or other conditions beyond its control or knowledge. Lessee also agrees to indemnify and hold harmless Jax Party from any loss, damage, theft or destruction of the equipment during the term of the lease and any extensions thereof. 

FORCE MAJEURE

Jax Party  is not liable for any delays, damage, or failure to deliver services due to acts of God, extreme weather, or other unforeseen circumstances beyond its reasonable control.

DISCLAIMER OF WARRANTIES:  Jax Party makes no warranty of any kind, either express or implied, as to the condition of or performance of any leased equipment and Lessee agrees to immediately cease use of the equipment and contact Jax Party if any of the lease equipment develops any indication defect or improper working conditions.  Lessee agrees to use the equipment at Lessees own risk.

BREACH/INDEMNITY/ARBITRATION:  In the event that Lessee breaches any of the terms of this lease, that Lessee will pay for all consequential damages and further indemnify Jax Party for all costs incurred by Jax Party incurred in enforcing the terms of the lease or in defending any claim or lawsuit arising out of the operation of said equipment, including the amount of any judgment, attorney’s fees and costs.  If Jax Party determines, within its own discretion, that Lessee has failed, in any way, to observe or comply with the conditions of this lease, Jax Party may exercise any of the following remedies:  termination of this agreement; reenter property and retake the equipment; declare any outstanding rent and charges immediately due and payable and initiate whatever legal proceedings necessary to recover said equipment or monies; and/or pursue any additional remedies available it by law.  If a conflict arises, Jax Party and Lessee will abide by the California state laws and forgo filing a lawsuit to solve the dispute. If the Client wishes to opt out of this Arbitration and  to proceed disputes in the Court of Law ,they shall submit a legal opt-out request  in mail to JAX PARTY, 969G Edgewater Blvd, #798, Foster City,CA, 94404 , so it shall be received by the Company at least 5 business days ahead of the event date to permit processing of the request.   The company retains the right to cancel the event, if necessary, on receipt of the Opt-Out request.  

By making a payment and accepting  this contract I, being the lessee, contact person, lessee representative, or another individual assuming the role of lessee, acknowledge that I have completely read and understand this contract and any and all accompanied addendum(s). I have been fully instructed by Jax party personnel as a trained operator for the aforementioned equipment and have had all of my questions answered to my satisfaction.  I understand that  I am Soley responsible for adhering to the terms set forth by this rental contract agreement and any and all accompanied addendum(s).