PARTY WORKS RENTALS, LLC

EQUIPMENT RENTAL AGREEMENT

This Equipment Rental Agreement (this “Agreement”) is entered into between Party Works Rentals, LLC, a New Jersey limited liability company with its principal place of business at 3856 Sylon Blvd, Hainesport, NJ 08036 (“Company,” “we,” “us,” or “our”), and the customer identified on the applicable Reservation Invoice (“Customer,” “you,” or “your”). This Agreement, together with the Reservation Invoice and any Written Company Correspondence (each as defined below), governs the rental of the equipment described on the Reservation Invoice and attached Exhibit A (the “Equipment”). By placing a reservation, submitting a deposit or payment, electronically accepting this Agreement, or accepting delivery of the Equipment, Customer agrees to be bound by all terms of this Agreement.

1. DEFINITIONS

The following terms have the meanings given below wherever used in this Agreement, the Reservation Invoice, and Exhibit A:

• “Agreement” means this Rental Agreement, the Reservation Invoice, Exhibit A, and any Written Company Correspondence, incorporated by reference and read together as a single contract.
• “Reservation Invoice” means the order confirmation, invoice, or booking summary issued by Company describing the Equipment, price, Event date, and any optional services purchased, including the Principal Rental Item.
• “Equipment” means all inflatable attractions, water slides, obstacle courses, interactive games, tents, tables, chairs, yard games, generators, and other event equipment rented by Customer under this Agreement.
• “Inflatable Equipment” means bounce houses, water slides, obstacle courses, interactive games, and other inflatable attractions, together with any tables, chairs, or yard games booked as an add-on to an Inflatable Equipment reservation.
• “Tent & Event Equipment” means tents and any tables, chairs, yard games, or other event equipment booked with a tent or as a standalone reservation not involving Inflatable Equipment.
• “Principal Rental Item” means the primary attraction or structure identified on the Reservation Invoice as the anchor of the reservation (for example, the tent, the largest inflatable, or the featured attraction) around which Company's routing, staffing, and inventory commitments are built.
• “Event” means the occasion for which the Equipment is rented, as identified on the Reservation Invoice.
• “Rental Period” means the scheduled Event start and end times identified on the Reservation Invoice, representing Customer's contracted entitlement to use the Equipment. The Rental Period is not extended by early delivery or delayed pickup under Section 3.
• “Custody Period” means the period beginning when Company delivers and installs the Equipment (regardless of whether delivery occurs early under Section 3) and ending when Company physically retrieves the Equipment (regardless of whether retrieval is delayed under Section 3). Customer's custody, care, and responsibility for the Equipment under Sections 13 and 17 apply throughout the Custody Period, which may be longer than the Rental Period.
• “Delivery Window” means the estimated one-hour arrival period generally communicated to Customer by text message on or before the day of scheduled delivery or pickup.
• “Peak Season” means, for Tent & Event Equipment, the entire months of May, June, September, and October, and dates surrounding Memorial Day, Independence Day, Labor Day, Mother's Day, and Father's Day, as further described in Section 4.
• “Attendant” means a Company employee or contractor specifically listed on the Reservation Invoice as providing on-site operation or supervision of a designated attraction.
• “Written Company Correspondence” means email, text message, or written communication sent from an official Party Works Rentals account, address, or platform, or a signed writing from Company's owners or management. Verbal statements by delivery crews, Attendants, drivers, or office staff are not Written Company Correspondence and do not modify this Agreement.
• “Indemnified Parties” has the meaning given in Section 20.
• “Force Majeure Event” has the meaning given in Section 23.

2. ACCEPTANCE OF AGREEMENT; ELECTRONIC SIGNATURES

Customer accepts this Agreement by any one or more of the following: (a) electronically signing this Agreement; (b) submitting a deposit or payment toward a reservation; (c) placing an order through Company's booking platform; or (d) accepting delivery of any Equipment. Each action independently binds Customer to this Agreement in its entirety.

Customer agrees this Agreement may be executed electronically, and that Customer's electronic signature or click-to-accept action has the same legal effect as a handwritten signature under the federal E-SIGN Act and the New Jersey Uniform Electronic Transactions Act, N.J.S.A. 12A:12-1, et seq.

3. RENTAL PERIOD, DELIVERY & SCHEDULING

Company controls all routing, scheduling, and sequencing of deliveries and pickups based on Event times, staffing, weather, permitting, and Equipment availability. Delivery and pickup times communicated to Customer are estimates only and are not guaranteed unless a written, upgraded scheduling service is separately purchased and identified on the Reservation Invoice.

Equipment may be delivered up to forty-eight (48) hours before the scheduled Event start time and picked up up to forty-eight (48) hours after the scheduled Event end time. Tent installation and removal may occur several days before or after the Event date during Peak Season due to routing and staffing demands. Early delivery or delayed pickup does not extend the Rental Period; it affects only when the Custody Period under Section 17 begins and ends.

Company will generally send an estimated one-hour Delivery Window by text message on or before the day of scheduled delivery or pickup. Customer is responsible for ensuring the contact number on file is accurate and monitored. Time is not of the essence in this Agreement unless expressly stated in Written Company Correspondence.

Verbal statements by delivery crews, Attendants, drivers, or office staff do not modify this Agreement. Only Written Company Correspondence can modify this Agreement, as described in Section 28.

4. PAYMENT TERMS; DEPOSITS & PEAK SEASON

Inflatable Equipment reservations require a twenty-five percent (25%) retainer at booking. Tent & Event Equipment reservations require a fifty percent (50%) retainer at booking. Except as required by applicable law, retainers are earned upon payment because Company immediately commits Equipment, labor, and delivery capacity to Customer's Event date, and are not refundable upon cancellation by Customer.

Inflatable Equipment balances are due no later than seventy-two (72) hours before the scheduled Event date. Non-Peak Tent & Event Equipment balances are due no later than seven (7) days before installation. Peak Season Tent & Event Equipment balances are due no later than fourteen (14) days before installation.

Peak Season

For Tent & Event Equipment, “Peak Season” means the entire months of May, June, September, and October, together with dates surrounding Memorial Day, Independence Day, Labor Day, Mother's Day, and Father's Day, based on elevated demand, limited inventory, and installation-scheduling commitments, regardless of whether the Event falls on a weekday or weekend.

Authorized Charges

Customer authorizes Company to charge the payment method on file for the balance due; damage, cleaning, restacking, or redelivery fees; service calls; replacement costs; additional rental days; and collection or chargeback-related costs permitted under Section 24. Company will provide an itemized description of each such charge before or at the time it is processed.

Except as required by applicable law or expressly stated in writing by Company, payments under this Agreement are non-refundable. Nothing in this Section limits any refund or cancellation right that cannot lawfully be waived under the New Jersey Consumer Fraud Act, N.J.S.A. 56:8-1, et seq., or the New Jersey Truth-in-Consumer Contract, Warranty and Notice Act, N.J.S.A. 56:12-14, et seq.

5. DELIVERY, ACCESS & PRESENCE REQUIREMENTS

Customer is responsible for ensuring the Event site is accessible and ready for setup, and that a responsible adult at least eighteen (18) years old is present and authorized to approve placement, accept delivery, and receive operating instructions when Company's crew arrives.

If setup cannot begin within ten (10) minutes of crew arrival because of Customer's absence, an inaccessible or blocked site, unresolved placement decisions, unavailable power, unsecured animals, or other circumstances within Customer's reasonable control, Company may leave and continue its route. No refund, credit, or discount is issued where Company arrived within the Delivery Window and Customer was not prepared for setup.

Customer may request redelivery, subject to scheduling availability; redelivery is not guaranteed and, if available, may occur after the scheduled Event start time. Before attempting redelivery, Customer must pay a $50 missed-delivery fee plus the original delivery fee. Customer remains responsible for all amounts otherwise due regardless of whether redelivery is available or successful.

Customer authorizes Company and its employees, agents, and contractors to enter the Event property at reasonable times to deliver, set up, inspect, service, and retrieve the Equipment, including in Customer's absence at pickup. Customer must ensure gates, access points, animals, vehicles, or other obstructions do not prevent Company from retrieving the Equipment; reasonable additional charges resulting from restricted access may be billed under Section 4.

6. SETUP AREA, SITE DISCLOSURE & UNDERGROUND UTILITIES

Customer is responsible for providing adequate, measured setup space, clear access paths, a safe and stable operating surface, and required electrical access before crew arrival. Inflatable Equipment may not be installed on slopes exceeding twelve (12) degrees, or directly on dirt, sand, gravel, mud, or other unstable surfaces without Company's prior written approval.

At least seventy-two (72) hours before delivery, Customer must disclose to Company any staking restrictions, need for sandbags in place of stakes, artificial turf, and any homeowners' association or municipal restrictions affecting the setup location. Company's crew is not required to source, retrieve, or return with additional equipment (such as sandbags) at the time of delivery if Customer failed to make this disclosure; in that circumstance, Section 5 governs any resulting delay, and redelivery is subject to the fees described in that Section.

Customer is solely responsible for identifying and marking underground utilities, sprinkler and irrigation lines, septic systems, drainage, invisible pet fencing, and other buried hazards before delivery. Company recommends Customer contact New Jersey One Call at 811 at least three (3) business days before delivery. Company is not responsible for damage to utilities or hazards that were not disclosed or marked, and Customer is responsible for resulting repair costs and third-party claims to the extent caused by that failure.

If Company determines, in its reasonable judgment, that setup conditions are unsafe because of slope, unstable surfaces, weather, flooding, overhead obstructions, undisclosed hazards, or inaccessible areas, Company may refuse installation. Company's good-faith determination of site suitability under this Section is final. A refusal for genuine safety reasons does not entitle Customer to a refund of amounts already earned under Section 4, but Company will apply amounts paid for undelivered Equipment as account credit unless the refusal resulted from Customer's failure to disclose a hazard or prepare the site as required by this Section, in which case no credit is owed.

Unless Company has expressly agreed in writing to obtain a specific permit on Customer's behalf, Customer is solely responsible for any municipal permit, fire-department approval, or other governmental authorization required for the Event or Equipment, and for any required homeowners' association or community approval. Company is not responsible for delays, refused setup, or fines arising from Customer's failure to obtain a required permit or approval, and such circumstances do not entitle Customer to a refund of amounts due under Section 4.

7. SUPERVISION & SITE SAFETY

Customer is solely responsible for overall Event supervision, crowd control, line management outside an attraction's immediate queue, emergency planning, and enforcement of Event-wide safety rules. Unless Attendants are listed on the Reservation Invoice, Customer is solely responsible for supervising Equipment operation and enforcing posted operating rules.

Where Attendants are purchased, each Attendant supervises only the attraction assigned to them and does not provide general Event supervision, crowd management, or security. Company does not provide overall Event management or security unless specifically agreed to in writing.

8. ANIMALS ON PROPERTY

All animals must be secured away from the setup and pickup areas during delivery and pickup. Company may refuse setup or pickup if a crew member reasonably believes an animal presents a safety risk; Section 5 governs the consequences of a resulting delay. Customer is responsible for damage caused by animals as described in Section 13.

9. WEATHER, WIND & SAFETY AUTHORITY

Company retains sole authority to determine whether Equipment may be safely installed or operated, based on NOAA forecasts, radar data, on-site conditions, manufacturer guidelines, ASTM standards, applicable state regulations, and Company's operational judgment. Inflatable Equipment may not operate during thunderstorms, lightning, severe rain, or sustained winds or gusts exceeding fifteen (15) miles per hour, or the manufacturer's published operating limit for the specific unit, whichever is more restrictive.

Customer must immediately discontinue use, remove all riders, and power off Inflatable Equipment if unsafe weather develops, even before Company issues a specific instruction. Weather forecasts alone do not determine cancellations, refunds, or credits; Customer assumes the risk of forecast uncertainty in deciding whether to proceed with a reservation. Once Company instructs that operation must stop, Customer may not reconnect or resume operation without Company's authorization, and is responsible for injuries or damage resulting from unauthorized resumption.

Tent Weather Policy

Tents are rented, in part, specifically to provide protection from rain and sun. Forecasted rain, a chance of rain, or other non-dangerous weather concerns do not, by themselves, justify cancellation, reduction, refund, or rescheduling of Tent & Event Equipment at any time of year.

During Peak Season, no weather-related cancellations, reductions, or credits are available for Tent & Event Equipment at any point before installation. During Non-Peak Season, if Customer cancels for severe weather more than seven (7) days before the scheduled installation date, Company may issue a raincheck or account credit as described in Section 15, at its discretion; no cash refunds are issued. Within seven (7) days of Non-Peak installation, no changes are permitted unless Company, in its discretion, determines that cancellation is necessary for safety.

If Inflatable Equipment cannot safely operate because of weather but Tent & Event Equipment on the same reservation remains usable, tent-related charges remain fully due; the inflatable-related portion may receive a raincheck or credit under Section 15 at Company's discretion. Company does not offer rain dates for tents. A Customer decision to relocate the Event, change venues, or cancel because of weather does not alter payment obligations under Section 4, except as expressly provided in this Section or Section 10.

10. REDUCTIONS, ADDITIONS & THE PRINCIPAL RENTAL ITEM

The Principal Rental Item anchors Company's routing, staffing, and inventory commitments for the reservation. Customer may not remove or substantially reduce the Principal Rental Item at any time after booking; doing so is treated as a cancellation of the reservation, subject to the retainer and payment terms in Section 4.

Inflatable Equipment

Reasonable reductions or weather-related cancellations of Inflatable Equipment may be permitted more than seventy-two (72) hours before the scheduled Event, subject to Company's approval, inventory, staffing, and routing. No reductions, removals, downsizing, or weather cancellations are available less than seventy-two (72) hours before the Event; the full contracted balance remains due regardless of non-use. Company may restrict removal or downsizing of obstacle courses, large slides, or other high-demand Equipment where doing so would prevent Company from re-renting it for the same date. Additions to an Inflatable Equipment reservation remain available up until delivery, subject to inventory and routing feasibility.

Tent & Event Equipment

More than fourteen (14) days before the Event, Tent & Event Equipment reductions may be permitted up to a maximum of twenty percent (20%) of the original contracted subtotal, subject to Company's approval. Within fourteen (14) days of the Event, no reductions are permitted during Peak Season under any circumstances. During Non-Peak Season, no reductions are permitted within fourteen (14) days except where Company, in its discretion, specifically allows one. Additions to a Tent & Event Equipment reservation remain available up until two (2) days before the scheduled installation date, subject to operational feasibility.

Tables & Chairs

Tables and chairs booked as an add-on to an Inflatable Equipment reservation follow the Inflatable Equipment deadlines above. Tables and chairs booked with a tent, or as a standalone event-rental reservation, follow the Tent & Event Equipment deadlines above.

11. EQUIPMENT USE RESTRICTIONS; POWER & GENERATOR REQUIREMENTS

Responsible adult supervision is required at all times unless Attendants are purchased. Customer may not move, relocate, drag, flip, or otherwise alter installed Equipment without Company's authorization.

The following are strictly prohibited on, under, or near any inflatable Equipment or tent: smoking, vaping, grills, propane or charcoal cooking equipment, deep fryers, candles, fireworks, fire pits, open flames, smoke machines, and any generator not supplied or approved by Company. Dry-use inflatable Equipment may never be used wet.

Electrical & Generator Requirements

Each inflatable blower requires its own dedicated twenty (20) amp circuit within one hundred (100) feet of setup, unless otherwise approved in writing. If Customer's electrical service does not meet this requirement, Customer must arrange for a Company-supplied generator in advance.

If a Company-supplied generator is used, Customer must follow posted operating instructions, keep the area clear of people and flammable materials, and notify the crew of any malfunction. If Customer supplies its own generator, Customer is solely responsible for ensuring it provides adequate, properly grounded power of the correct type and capacity, and Company is not responsible for Equipment malfunction or damage caused by a Customer-supplied generator. Generators produce carbon monoxide and must never be operated indoors or in an enclosed space; Customer is responsible for safe placement and ventilation of any Customer-supplied generator.

12. WATER SLIDE REQUIREMENTS

Customer is responsible for providing a working water spigot with adequate pressure and any hose length beyond the single seventy-five (75) foot hose supplied by Company. Water discharged from water slide Equipment must drain on Customer's property as-is and may not be pumped or diverted into streets, neighboring properties, or storm drains.

13. DAMAGE & RESPONSIBILITY

Customer is responsible for the Equipment throughout the Custody Period, regardless of cause, except to the extent caused solely by Company's gross negligence or willful misconduct. This includes, without limitation: theft, disappearance, or vandalism; graffiti, permanent marker, tape, sticker, or adhesive residue; burns and smoke damage; mold or mildew resulting from Customer's acts or omissions; vehicle damage; and animal damage.

Customer is responsible for the full replacement cost of Equipment that is stolen, vandalized beyond repair, or otherwise not returned to Company at the end of the Custody Period, in addition to applicable service or cleaning charges under this Section.

Service calls resulting from Customer-caused issues begin at $100.00 and may increase with travel distance, time, and labor. Customer-caused issues include, without limitation, tripped breakers, overloaded circuits, unplugged blowers, disconnected extension cords, loss of Customer-provided power, unauthorized shutdowns, and GFCI resets. Unauthorized relocation of installed Equipment carries a fee beginning at $250.00 plus labor, travel, and reinstallation charges.

Customer is responsible for all reasonable repair, replacement, cleaning, inspection, and transportation costs, and documented lost rental revenue, associated with damaged, soiled, or improperly used Equipment. Company will provide an itemized invoice supporting any such charge before billing the payment method on file.

14. PICKUP; LATE RETURN & EQUIPMENT ABANDONMENT

Unless setup/breakdown service was separately purchased, Customer must collapse tables, stack chairs, and place all such items in the agreed pickup area before the scheduled pickup. A restacking/breakdown fee of $2.00 per item may apply if this is not done.

Customer must provide access and make the Equipment available for pickup at the end of the Custody Period. If Customer's failure to provide access, prepare the Equipment, or otherwise cooperate delays pickup, Company may charge a late-return fee of $25.00 per day until the Equipment is retrieved, in addition to any applicable redelivery or service charges under this Agreement. The late-return fee is not liquidated damages and does not limit Company's right to recover greater actual damages, including full replacement cost, where applicable. If Equipment is never recovered despite Company's reasonable attempts and written notice to Customer, Customer is responsible for its full replacement cost and any other actual damages, in addition to accrued late-return fees, without prejudice to any other remedy available to Company.

15. RAINCHECKS & WEATHER CREDITS

Rainchecks and weather credits, where issued at Company's discretion under Sections 9 and 10, are non-transferable, valid only for the original Customer, expire one (1) year from the original Event date, and are redeemable only as future account credit. No cash refunds are issued in place of a raincheck or weather credit. Tent rentals are not eligible for rain dates or rainchecks.

16. OPTIONAL ACCIDENTAL DAMAGE PROTECTION

If purchased as a separate line item on the Reservation Invoice before delivery, the optional Accidental Damage Protection (“Protection”) provides limited contractual protection for certain covered Accidental Physical Damage to the Equipment, subject to the terms, exclusions, and maximum benefit amounts disclosed at purchase.

Protection is a contractual benefit only and is not insurance. It is not a warranty or service contract, is non-refundable once purchased, and applies only to the specific reservation for which it was purchased. Purchasing Protection does not eliminate Customer's responsibility to properly supervise, secure, and operate the Equipment or otherwise comply with this Agreement.

“Accidental Physical Damage” means sudden, unintended, and unforeseen physical damage occurring during normal, permitted use of the Equipment while Customer is otherwise complying with this Agreement, manufacturer instructions, and Company's operating requirements. Customer must promptly notify Company of any damage, preserve the Equipment in its damaged condition pending inspection, and cooperate with Company's investigation.

Protection never covers, and Customer remains responsible under Section 13 for: theft or vandalism; graffiti, permanent marker, tape, stickers, or adhesive residue; animal damage; unauthorized operation or operation after a weather shutdown instruction under Section 9; dry-use Equipment operated while wet; and misuse or abuse. Protection likewise does not cover any other damage or loss excluded elsewhere in this Agreement, including the additional items listed in Section 13. Company determines, consistent with the terms disclosed at purchase, whether a claim qualifies for Protection, and nothing in this Section limits Company's right to recover costs falling outside the scope of Protection.

17. CUSTODY, CARE, CONTROL & NOTICE OF INCIDENTS

Once delivery and installation are complete, Customer assumes exclusive custody, care, and control of the Equipment for the remainder of the Custody Period, except while Company personnel are actively performing delivery, installation, service, inspection, or pickup. Customer is solely responsible for supervising the Equipment and participants; restricting use to authorized users; securing the Equipment when not in use; protecting it from theft, vandalism, misuse, and weather; and immediately discontinuing operation whenever an unsafe condition exists.

Customer must not permit use of the Equipment in violation of this Agreement, manufacturer instructions, or Company's instructions, and must not abandon, loan, sublease, or transfer possession of the Equipment without Company's prior written consent.

Customer must immediately notify Company of any injury; property or Equipment damage; malfunction; theft or attempted theft; vandalism; contact by law enforcement or a governmental authority relating to the Equipment; or any condition affecting safe operation. Company does not supervise the Equipment after delivery unless Attendants are purchased. Customer's obligations under this Section continue until Company has physically retrieved the Equipment.

18. ASSUMPTION OF RISK

Customer acknowledges that use of amusement Equipment, inflatable attractions, obstacle courses, slides, climbing attractions, generators, tents, tables, and chairs involves inherent and unavoidable risks that cannot be eliminated even when Equipment is properly manufactured, inspected, and maintained. These risks include slips, trips, falls, collisions, improper landings, weather-related hazards, equipment misuse, participant misconduct, overcrowding, inadequate supervision, and aggravation of pre-existing medical conditions, any of which may result in injury, death, or property damage.

Customer acknowledges these risks are open and obvious, voluntarily proceeds with knowledge of them, and assumes them to the fullest extent permitted under New Jersey law. Customer agrees to supervise participants (unless Attendants are purchased), ensure compliance with safety rules, prohibit unsafe participation, and immediately discontinue operation whenever unsafe conditions exist.

Nothing in this Section requires any person to assume risks or waive rights that cannot legally be waived, and nothing in this Section limits liability for Company's gross negligence, recklessness, or willful misconduct.

19. RELEASE OF CLAIMS

In consideration of being permitted to rent and use the Equipment, Customer releases and forever discharges Company and the Indemnified Parties (Section 20) from claims for personal injury, death, or property damage arising out of the inherent risks described in Section 18 or the ordinary negligence of Company or the Indemnified Parties in connection with the rental, delivery, installation, or pickup of the Equipment.

This release does not apply to claims arising from gross negligence, recklessness, or willful misconduct, or any claim that cannot lawfully be released under New Jersey law. If a court determines this release is unenforceable as to a particular claim, that determination does not affect the rest of this Agreement, including the Limitation of Liability in Section 21.

20. INDEMNIFICATION & DUTY TO DEFEND

Customer agrees to defend, indemnify, and hold harmless Party Works Rentals, LLC and its owners, members, managers, officers, employees, agents, contractors, and insurers (collectively, the “Indemnified Parties”) from third-party claims arising out of or relating to:

• Customer's possession, supervision, or use of the Equipment;
• Customer's breach of this Agreement;
• Customer's negligence, misuse, or failure to properly supervise participants;
• Customer's failure to comply with manufacturer instructions or Company's instructions;
• Customer's unauthorized relocation or continued operation of the Equipment after a shutdown instruction;
• site conditions within Customer's ownership or control, including access, utilities, water supply, undisclosed hazards, and weather-related decisions; and
• any third-party claim arising from the rental, Event, or Customer's responsibilities under this Agreement.

Company will provide prompt written notice of any claim for which it seeks indemnification. This obligation applies to the fullest extent permitted by applicable law regardless of the legal theory asserted, and if a claim results from the concurrent negligence of Customer and Company, Customer's obligation applies only to the extent of Customer's proportionate fault as finally determined. This Section does not require indemnification for liability finally determined to have resulted solely from an Indemnified Party's gross negligence or willful misconduct, and survives completion, cancellation, termination, and payment in full.

21. LIMITATION OF LIABILITY

Company is not liable for indirect, incidental, consequential, special, exemplary, or punitive damages arising out of this Agreement, including lost profits, lost business or sponsorship opportunities, event interruption, substitute rental costs, or reputational harm. Company provides rental equipment and related delivery, setup, and pickup services only, and does not guarantee the success or outcome of any Event.

Company's maximum aggregate liability arising out of this Agreement, in contract, tort, or otherwise, shall not exceed the total amount Customer paid Company under the specific reservation giving rise to the claim. Customer acknowledges Company's rates reflect this allocation of risk and that this limitation is a fair and material term of this Agreement. Nothing in this Section limits liability that cannot lawfully be limited under New Jersey law, including for gross negligence, recklessness, or willful misconduct. This Section survives completion, cancellation, termination, and payment in full.

22. SUBSTITUTION RIGHTS

Company may substitute Equipment when, in its reasonable judgment, the originally reserved Equipment becomes unavailable, unsafe, or delayed due to transportation issues, prior damage, permitting requirements, weather, or mechanical failure. Substitute Equipment will be commercially comparable in function and value, though it may differ in color, theme, or model. Photographs are representative only unless specifically guaranteed in writing as a material term.

Acceptance of comparable substitute Equipment satisfies Company's delivery obligation and does not entitle Customer to cancellation, refund, or credit. If no comparable substitute is reasonably available, Company's liability is governed by Section 21.

23. FORCE MAJEURE

Company is not liable for delay, suspension, or cancellation resulting from events beyond its reasonable control (“Force Majeure Event”), including severe weather, natural disasters, epidemics, acts of God, war, civil unrest, governmental orders, utility failures, labor shortages, subcontractor failures, supply-chain disruptions, and equipment failures not caused by Company's failure to properly maintain the Equipment.

Upon a Force Majeure Event, Company may delay performance, substitute Equipment under Section 22, modify schedules, or cancel all or part of the reservation. A Force Majeure Event does not create a right to consequential damages against Company. Forecasted precipitation or a Customer decision to relocate an Event is not a Force Majeure Event and is instead governed by Sections 9 and 10.

24. COLLECTIONS, PAYMENT DISPUTES & CHARGEBACKS

This Agreement is a legally binding contract, and payment obligations are enforceable regardless of payment method. Customer agrees not to initiate a chargeback or payment dispute for charges properly due under this Agreement. Acceptance of delivery, installation, or any benefit under this Agreement constitutes acceptance of Company's performance and does not relieve Customer of payment obligations.

Company may rely on this Agreement, reservation records, payment records, electronic signatures, photographs, GPS records, inspection reports, delivery and pickup logs, weather records, and other ordinary-course business records in responding to a payment dispute or collection action. A chargeback initiated for amounts properly due constitutes a material breach of this Agreement, and if Company prevails in defeating that dispute, Customer agrees to reimburse Company's reasonable costs directly incurred in responding to it, including bank fees, collection-agency fees, and reasonable attorneys' fees.

25. CUSTOMER DEFAULT

Customer is in default under this Agreement if Customer: fails to pay any amount when due under Section 4; refuses or unreasonably prevents delivery or pickup under Section 5; declines or reverses a properly authorized card charge under Section 24; abandons the Equipment or prevents its retrieval under Section 14; fails to provide site access required under Sections 5, 6, or 14; or fails to comply with a safety instruction issued under Sections 9 or 11.

Upon a default, Company may, in addition to any other remedy available under this Agreement or applicable law: suspend or cancel remaining performance without further obligation to Customer; charge the payment method on file for all amounts then due, including any fees specifically identified in the Sections referenced above; treat the Equipment as abandoned in accordance with Section 14 where applicable; and pursue collection as described in Section 24. This Section consolidates, and does not expand, the specific consequences already provided for in the Sections referenced above.

26. DISPUTE RESOLUTION: GOVERNING LAW, VENUE & JURY TRIAL WAIVER

This Agreement is governed by the laws of the State of New Jersey, without regard to its conflict-of-law principles. Except where prohibited by applicable law, any legal action arising out of or relating to this Agreement shall be brought exclusively in the state or federal courts located in Burlington County, New Jersey, and each party consents to the personal jurisdiction of those courts and waives any objection to venue there. Nothing in this Section prevents either party from bringing a qualifying claim in the Special Civil Part, Small Claims Section, serving Burlington County.

Jury Trial Waiver

To the fullest extent permitted under New Jersey law, Company and Customer each knowingly and voluntarily waive any right to a trial by jury in any litigation arising out of or relating to this Agreement.

Attorneys' Fees

In any court proceeding to enforce or interpret this Agreement, the prevailing party is entitled to recover its reasonable attorneys' fees and costs from the non-prevailing party, except where applicable law prohibits or limits such an award.

27. CONSUMER PROTECTION NOTICE

Nothing in this Agreement is intended to, and no provision shall be construed to, waive or limit any right that cannot lawfully be waived under the New Jersey Consumer Fraud Act, N.J.S.A. 56:8-1, et seq., the New Jersey Truth-in-Consumer Contract, Warranty and Notice Act, N.J.S.A. 56:12-14, et seq., or any other applicable consumer-protection law. If any provision is later found to conflict with such a law, that provision is void only to the extent of the conflict, and the remainder of this Agreement remains in force under Section 28.

28. GENERAL PROVISIONS

Severability

If any provision of this Agreement is held invalid or unenforceable, it will be modified to the minimum extent necessary to make it enforceable or, if it cannot be modified, severed, and the remaining provisions will continue in full force.

Entire Agreement

This Agreement, the Reservation Invoice, Exhibit A, and any Written Company Correspondence constitute the entire agreement between the parties and supersede all prior understandings regarding the rental of the Equipment. No verbal statement by any Company crew member or staff modifies this Agreement.

Modification

This Agreement may be modified only by Written Company Correspondence issued by Company or by a signed writing of the parties.

No Waiver

Company's failure to enforce any provision is not a waiver of that provision or of Company's right to enforce it later.

Assignment

Customer may not assign this Agreement without Company's prior written consent. Company may assign this Agreement to a successor or affiliate without Customer's consent.

Notices

Notices to Company must be sent to the address on page one or the contact information on the Reservation Invoice. Notices to Customer may be sent to the contact information Customer provided at booking, including by text or email.

Survival

Sections 4, 13 through 21 (Damage; Pickup and Late Return; Rainchecks; Damage Protection; Custody; Assumption of Risk; Release; Indemnification; Limitation of Liability), 24 through 27 (Collections; Customer Default; Dispute Resolution; Consumer Protection Notice), and this Section 28 survive completion of the Custody Period, cancellation, termination, and payment in full.

Headings; Counterparts

Section headings are for convenience only and do not affect interpretation. This Agreement may be accepted electronically as described in Section 2, and an electronically retained copy is an original for all purposes.

 

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