AF Party Rentals ("Party Rental") and renting and/or purchasing party ("Customer") identified in the applicable AF Party Rentals. event rental quotation, order, acknowledgement, invoice, or any other contract or agreement between AF Party Rentals and Customer (individually and collectively referred to herein as "Contract"), agree to be bound by these Terms and Conditions of Rental and Sale ("Terms") for the materials, goods, and/or products (collectively, the "Goods" or “Rental Items”) rented or sold to Customer pursuant to such Contract. Customer hereby agrees that it will be bound by these Terms and be responsible for orders placed on its behalf by an event coordinator, planner, representative, or agent of Customer, for which such Customer is identified on the Contract, as if such Customer placed such order directly with AF Party Rentals.
The provisions set forth herein together with the provisions of the Contract constitute all of the terms and conditions for Customer and with AF Party Rentals with regard to the Goods. AF Party Rentals acceptance and delivery of Customer’s order is expressly made conditional on Customer’s assent to these Terms. Any and all terms, conditions, or provisions specified in any quotation or otherwise (whether oral, typed, written, or printed) that in any way change, modify, amplify, differ from, or add to these Terms or AF Party Rentals Contract, are null and void and of no effect, even if (i) AF Party Rentals does not expressly object to such terms, conditions, or provisions, or (ii) such terms, conditions, or provisions are specified subsequent to such other documents. Customer hereby agrees that no terms additional to or deviating from these Terms shall become part of the Contract unless and until written acceptance of such additional or deviating terms, signed by an authorized officer of AF Party Rentals, has been issued to Customer. Customer’s acceptance of any Goods supplied by, or on behalf of, AF Party Rentals shall, without limitation, also constitute acceptance of these Terms.
Payment is due in United States dollars either in full on the day the Contract is signed, except for Customers with specific net payment terms listed under the Contract’s billing terms (reference section 3.2 Payment Schedule). Prices stated are subject to change and Customer agrees that additional payments will be owed and payable to AF Party Rentals in the event of (i) alterations in specifications, quantities, designs, or delivery schedules or required labor for delivery to specified location(s), (ii) untimely returned or unreturned rented Goods, or rented Goods returned, but in altered or damaged form. Client hereby agrees that AF Party Rentals and its payment processor may charge any credit or debit card or account provided by Client for any such change in price resulting in a balance owed by Client to AF Party Rentals. No discount will be allowed unless specifically set forth on the face of the Contract. Written quotations will automatically expire within 72 hours after their issuance unless terminated by AF Party Rentals. Upon notice to Customer, AF Party Rentals reserves the right to increase the prices of its rental and sales offerings. The timing and amount of any price increase for any rental or sale Goods will be in the sole and exclusive discretion of AF Party Rentals. To the extent that a price increase may affect an unexpired written quotation provided by AF Party Rentals to Customer, AF Party Rentals may in its sole and exclusive discretion honor such quotation or terminate such quotation by notice to Customer, with or without providing a new quotation to Customer.
In the event that Customer does not pay the Final Payment (due 72 hours prior to Event Date listed on Contract), AF Party Rentals has no obligation to rent the Rental Items to Customer, and AF Party Rentals may terminate this Agreement and retain the Initial Payment (refer to section 3.2.1- Initial Payment Description).
AF Party Rentals will not reserve Rental Items for the Event Date until Customer provides a signed copy of Contract to AF Party Rentals and makes the Initial Payment.
Customer can opt to pay in full with the submission of a signed Contract or opt into our net payment schedule terms as follows:
If Rental Items are not returned by Customer on the specified date and time on the Contract, Customer agrees to pay the full Rental Fee of the Rental Item for each day thereafter until the Rental Items are returned, or up to five (5) days, at which time Renter agrees to pay the full replacement fees.
Unless otherwise agreed upon in writing, Renter agrees to make payments to the Company in the form of cash, credit card, or debit card, or zelle. Company accepts Visa, MasterCard, American Express, or Discover cards through a third party processor.
Customer (or Customer’s representative, such as a professional event coordinator) shall inspect the Goods at the time of delivery. Unless Customer provides AF Party Rentals with notice of any claim, shortages of, or defects in the Goods, including without limitation any claim relating to quantity, weight, condition, loss, or damage thereto, at the time of delivery, such Goods shall be deemed finally inspected, checked, and accepted by Customer. The Contract shall specify whether Goods shall be delivered to an indicated address. AF Party Rentals will determine the point of origin of any Goods. Customer is responsible for obtaining all permits, licenses, authorizations, and approvals from appropriate parties, companies, and/or government for the lawful and safe use and occupation of the location(s) to which the Goods will be delivered and from which the Goods will be retrieved. Customer is further responsible for providing and obtaining safe and clear access to the delivery and retrieval location(s), including without limitation, ensuring all Goods are able to be delivered through outside and indoor areas of ingress and egress. AF Party Rentals may refuse, without penalty to AF Party Rentals , delivery and/or retrieval of the Goods if Customer fails to provide safe means of ingress and egress.
Customer (or Customer’s representative such as Event Staff) must be present at the Event site during the agreed upon time(s) and ensure AF Party Rentals has full access to the premises. If Customer or Customer’s representative is not present at the time of delivery, Customer waives the right to inspect the status, condition, and quantities of Rental Items. If Customer or Customer's representative (i.e secondary contact listed on the Contract) is not present at the Event site during the agreed upon time(s) it will be considered a no-show thus making it impossible for AF Party Rentals to provide the delivery services due to the fault of Customer (or parties related to Customer). AF Party Rentals is not responsible for delay(s) caused by other parties, including providers of other rentals or services.
If Customer discovers damaged or missing Rental Items prior to the start of the Event, Renter agrees to notify AF Party Rentals immediately. AF Party Rentals agrees to make all reasonable attempts to provide a replacement or substitute for any damaged or missing Rental Items prior to the Event stated start time, or if no reasonable replacement or substitute item can be provided, to promptly refund the cost of the damaged or missing item to Customer. Customer agrees that any damaged Rental Items will not be used at the Event. All damaged Rental Items remain the property of AF Party Rentals and must be returned to AF Party Rentals.
AF Party Rentals liability (whether under the theories of breach of contract or warranty, negligence, strict liability, or otherwise) for the Goods shall be limited to repairing or replacing such Goods found by AF Party Rentals to be defective with new or reconditioned Goods at AF Party Rentals discretion, or at its option, to refunding, in partial or full, the rental or purchase price of such Goods. The parties hereto expressly agree that Customer’s sole and exclusive remedy against AF Party Rentals shall be for the repair or replacement of the defective Goods or, with AF Party Rentals consent, the refund of the purchase price. Customer hereby agrees that this exclusive remedy shall not be deemed to have failed of its essential purpose so long as AF Party Rentals is willing and able to repair or replace the defective goods in the prescribed manner or refund the price, in partial or full, for goods covered by the contract. Customers who have purchased the Damage Waiver are subject to any repairs/replacements over $800.00.
Unless otherwise expressly set forth in the Contract, AF Party Rentals is neither providing, nor offering to provide, directly or indirectly, any first or third-party insurance coverage in connection with the rental or sale of the Goods to Customer. The optional non-refundable Damage Waiver is not insurance.
Except as otherwise provided herein or in the Contract, orders cannot be terminated, canceled, or modified, after acceptance of Customer’s order by AF Party Rentals, except with AF Party Rentals written consent and subject to reasonable charges for expenses incurred and work executed by AF Party Rentals. If Customer desires to cancel Services, reschedule Services, or if it becomes impossible for AF Party Rentals to render Services due to the fault of the Customer or parties related to Customer, Customer shall provide notice to AF Party Rentals as soon as possible via the Notice provisions detailed in the Contract. AF Party Rentals has no obligation to attempt to re-book further Services to fill the void created by Customer’s cancellation, rescheduling, no-show or if it becomes impossible for AF Party Rentals to provide the Services due to the fault of Customer (or parties related to Customer), and AF Party Rentals will not be obligated to refund any monies Customer has previously paid towards the Total Cost. Customer is not relieved of any payment obligations for canceled Services, rescheduled Services, failing to show up at the previously agreed upon time and date listed on the Contract, or should it become impossible for AF Party Rentals to provide the services due to the fault of Customer (or parties related to Customer) unless the Parties otherwise agree in writing. For instance, if AF Party Rentals is able to secure another, unrelated client for specified time and date, then AF Party Rentals may choose, at its sole discretion, to excuse all (or a portion of) Customer’s outstanding balance of the Total Cost.
If Customer reschedules the Event Date, Customer agrees to give written notice to the AF Party Rentals of Customers intention to reschedule the Event Date and, if known, identify the new date for the Event (hereinafter, “Rescheduled Event Date”). AF Party Rentals cannot guarantee the availability of the Rental Items on the Rescheduled Event Date. All personalized/custom goods (i.e vinyl prints with date of event) are non-refundable regardless of rescheduling notice. If Rental Items are available for the Rescheduled Event Date, Customer may incur additional fees for AF Party Rentals services due to the event rescheduling. At AF Party Rentals discretion, the Parties may enter into a separate written agreement or modify the original Contract to reflect the Rescheduled Event Date.
Customer acknowledges that in the event any rented Goods sustain any damage or destruction or are lost or stolen while under rent to Customer, Customer agrees to pay AF Party Rental the costs for repair or replacement. Customer further agrees to accept full responsibility and liability, and Customer shall defend, indemnify and hold AF Party Rentals harmless for any injury to any other person(s), for any damage to the property of any other person(s), and any other loss that may result through the use or misuse of the Goods. AF Party Rentals is not responsible for any damage or liability incurred by handling Customer’s or any other person’s personal property.
Customers shall return all rented Goods to AF Party Rentals at the time, date, and place designated in the Contract. Customer shall return all rented Goods in the same condition and manner as Customer received them, including without limitation placed in the same packaging, folded and racked in the same manner, and/or cleaned, rinsed, and wiped down as received. Customers shall be responsible for the safe and secure storage of all rented Goods awaiting retrieval. Customer agrees and acknowledges that if Customer fails to return all rented Goods to AF Party Rentals at the time, date, and place designated in the Contract or if Customer fails to make all rented Goods available for pickup at such time, date, and place, then Customer is subject to additional service charges pursuant to Section 3 herein, including without limitation AF Party Rentals consequential and incidental damages regarding any such attempt by AF Party Rentals to retrieve the rented Goods, and the procurement, retail, shipping, handling, fulfillment, and/or replacement of such rented Goods.
Customer agrees to pay additional cleaning and/or damage fees for failure to protect Rental Items from the elements. Florida weather can be unpredictable and therefore AF Party Rentals recommends keeping Rental Items indoors or under a covered structure for Customers Event. AF Party Rentals will request a secondary covered set up location (prior to Event Date) if or when the weather forecast indicates the possibility of rain or inclement weather during the rental period. Under no circumstances should Rental Items be kept outside overnight or left in inclement weather such as rain or windstorms.
Customers agree to arrange effective provisions so that, in the event of rain or inclement conditions, Rental Items will be shielded from the elements and/or protected from damage. Failure to plan for such contingency may result in AF Party Rentals withholding the Rental Items at the time of scheduled delivery. For any costs owed to the Company for any damage repair, the card on file will be charged.
Customer shall not be entitled to return to or obtain a refund from AF Party Rentals for any purchased custom Goods (ie. personalized items).
Customer shall hold harmless, defend, save, and indemnify AF Party Rentals and its agents, employees, officers, directors, and its respective heirs, assigns, successors, and executors from and against any and all liability, claims, demands, whether groundless, false, or fraudulent, costs (including expert and attorney’s fees), damages, losses, judgments, or awards, brought by a third party or parties arising out of or in any way connected with any act or omission of Customer. The duty to defend as provided herein is separate and distinct from the duty to indemnify, and shall arise immediately upon the tender of any third party claim or demand, and shall continue until it is conclusively proven that there is no possibility for indemnity.
Any trademarks, branding, drawings, designs, and all other intellectual property of AF Party Rentals embodied in, displayed on, or otherwise provided in connection with, the Goods or the Contract ("Intellectual Property"), shall remain the sole property of AF Party Rentals without AF Party Rentals’ express prior written permission, Customer will not (a) remove, alter, or deface any trademark or branding including with or displayed on the Goods, and (b) reproduce, use, or communicate to third parties of any such intellectual property.
Forbearance or failure of AF Party Rentals to enforce any of the terms and conditions stated herein, or to exercise any right accruing from default of Customer, shall not affect or impair AF Party Rentals’ rights arising from such defaults; nor shall forbearance or failure be deemed a waiver of AF Party Rentals rights in case of any subsequent default of Customer.
If any provision of these Terms is unenforceable or invalid, these Terms shall be interpreted and enforced to the greatest extent possible as if the unenforceable provision or portion had never been a part hereof.
The Contract and these Terms shall be construed in accordance with and governed by the laws of the State of Florida, without regard to its conflicts-of-laws rules or principles. All actions or proceedings arising directly or indirectly herefrom or related hereto shall be litigated only in the courts of West Palm Beach in the State of Florida. The parties hereby consent to the jurisdiction and venue of such courts.
Customer and AF Party Rental hereby agree that these Terms along with the Contract shall constitute the entire agreement between Customer and AF Party Rentals and no prior or contemporaneous oral or written statement, correspondence, sample, or other terms, quotations, or understandings shall modify, alter, or in any way affect the terms thereof.
Should a requested product become unavailable at any time, we reserve the right to substitute alternative products to an order. We will make every effort to provide a substitution comparable in quality or functionality to the requested product.
Due to the nature of our business, our items are frequently rented and cleaned. While we strive to give you the best quality products every time, please note that there may be signs of “ordinary wear and tear” and that we cannot guarantee new quality.
Customer’s agree that AF Party Rentals may use any images from the Event for AF Party Rentals portfolio, advertising, website, blog and magazine submissions and any other means of promotion. Customer waives any right to payment, royalties or any other consideration for the use of the images. Customer waives the right to inspect or approve the finished product, including written or electronic copy, wherein Customer’s likeness appears. AF Party Rentals is hereby held harmless and released and forever discharged from all claims, demands, and causes of action which Customer’s, their heirs, representatives, executors, administrators, or any other persons acting on Customer’s behalf or on behalf of the Customer’s estates have or may have by reason of this authorization.
We use cookies to analyze website traffic and optimize your website experience. By accepting our use of cookies, your data will be aggregated with all other user data.