1. DEFINITIONS.

 

A. RENTED EQUIPMENT. The “Rented Equipment” is the specific pieces of equipment owned by Little Palms Soft Play, LLC, which Lessee has in their possession during a portion or all of the Rental Period.

 

B. Lessee. The “Lessee” is the person who reserves the Rented Equipment from Little Palms Soft Play LLC. Lessor. 

 

The “Lessor” is Little Palms Soft Play, LLC, a New Jersey limited liability company. Little Palms Soft Play, LLC hereby leases to Lessee the rented equipment subject to the Terms and Conditions set forth below: 

 

2. RENTAL PERIOD & DELIVERY/RETURNS

 

Lessee hereby agrees to rent from Lessor, and Lessor hereby agrees to rent to Lessee, certain Rented Equipment. The Rental Period shall run from the date and time that the Rented Equipment is delivered to the date and time that the Rented Equipment is picked up. The Lessor will make no reimbursements for unused time or for unused Rented Equipment. Please notify Lessor in advance if you would like to extend your Rental Period. An extension of the Rental Period will be subject to Rented Equipment availability and Lessor’s existing reservations. Lessee hereby agrees to pay rent for each additional hour that the Rental Period is extended.

 

A delivery 20 miles or less from the 07042-zip code will not have a delivery or pick-up charge. A delivery over 20 miles from the 07042 zip code will cost $50 for 21-30 miles and $75 for 31-40 miles from 07042 zip code. 

Lessee must be present to accept the rented equipment at time of delivery. If Lessee fails to return the Rented Equipment at agreed upon pick up time, Lessor may repossess the Rented Equipment without notice or permission of the Lessee, and Lessee hereby indemnifies and holds Lessor harmless from any claims arising therefrom. If Lessor cannot, in Lessor’s sole discretion and decision, repossess the Rented Equipment or any part thereof, Lessor reserves the right to charge the Lessee’s credit card for Lessee’s payment for the accumulated rental fee, plus all replacement fees. Lessor reserves the right to use a professional collection agency to collect any amounts owing, which shall be the suggested retail price of any lost, damaged, stolen or unreturned Rented Equipment, plus collection fees and any and all expenses incurred by Lessor for any items not returned as required in this Rental Agreement.

 

3. FEES & PAYMENTS

 

All fees are due at the time of delivery. Fees will vary depending on the length of rental and the types and amounts of Rented Equipment that is rented. Lessors updated price list is available on its website: www.mylittlepalms.com. 

 

CREDIT CARD FOR PAYMENT: This provision applies for Lessees making rental payments via credit card. Lessee will be charged for the rental of equipment for the rental period stated in the Agreement. Your signature on the Agreement and credit card payment is verification that the credit card provided is valid and you are authorized to use this credit card. This also verifies that you will be charged on this credit card, unless otherwise agreed upon in writing for the cost for any equipment lost, stolen, or damaged. If the rental contract is extended beyond the term stated, all extensions will also be charged on the credit card provided with this Agreement. If changes are made to the purchase order increasing the original total, customer agrees to pay all additional fees associated with changes.

 

4. RESERVATIONS

 

Reservation requests can be made online. All online requests will be followed up by Lessor via email with Rental Agreement and Invoice. The reservation is finalized when the Rental Agreement and Invoice have been read, signed, and returned to Lessor by Lessee. A contact phone number must be provided at the time the reservation is finalized. ©2020, Little Palms Soft Play LLC. All Rights Reserved.

 

5. DAMAGED EQUIPMENT

 

 If any Rented Equipment is returned to Lessor (i) in an exceptionally dirty condition; (ii) in a condition that requires professional cleaning (such as saturated with smoke, vomit, food or the odors thereof, or with stains or marks); (iii) with missing parts, (iv) otherwise damaged or broken; (v) in a condition in which it cannot be repaired; or (vi) if any Rented Equipment is not returned to Lessor for any reason at all, the Lessor reserves the right to charge the Lessee additional costs and fees for repair and/or replacement of the damaged or unreturned Rented Equipment. Any additional fees shall be charged on the Lessee’s credit card used to pay for rented equipment. The Lessee hereby agrees to the assessment of such additional fees, and agrees to pay same. Lessee will not be charged for ordinary wear and tear that occurs with the proper and normal use of the Rented Equipment. If the Rented Equipment becomes damaged during the Rental Period, it is the Lessees responsibility to inform Lessor immediately, so that the problem can be assessed and remedied.

 

6. CANCELLATION POLICY

 

All cancellations must be made at least 24 hours prior to the start of the Rental Period. Lessee will not be charged for cancellations made at least 24 hours prior to the start of the Rental Period. Lessee will be responsible for payment of 50% of final payment for any cancellation less than 24 hours prior to the start of the Rental Period. 

 

7. ASSEMBLY & INSTALLATION

 

Lessor will assemble the Rented Equipment at the agreed upon delivery time and location.

 

8. INSPECTION UPON RECEIPT

 

Lessee agrees to inspect the Rented Equipment upon receipt thereof, and Lessee agrees to notify Lessor immediately if any of the Rented Equipment is not in good condition or is otherwise unacceptable. Lessee is responsible for notifying Lessor of any issues or problems with the Rented Equipment during the Rental Period. If Lessee deems any of the Rented Equipment unsafe or unsatisfactory, Lessee must notify Lessor immediately and cease use of the Rented Equipment. 

 

9. USE OF RENTED EQUIPMENT

 

Lessor will provide Safety Rules of Play. Lessee is responsible for using the Rented Equipment in accordance with the Safety Rules of Play. Lessor is not responsible for Lessee’s failure to follow instructions and/or recommendations in the Safety Rules of Play. The Lessee hereby agrees to read the Safety Rules of Play provided by Lessor, in order to become familiar with the Rented Equipment, and Lessee hereby agrees to use the Rented Equipment in accordance therewith. The Lessee hereby takes full responsibility for any misuse of the Rented Equipment, and takes full responsibility for any accidents, injuries or damages resulting therefrom.

 

10. HOLD HARMLESS

 

 Lessee agrees to indemnify and hold Lessor harmless from any and all claims, actions, suits, proceeding costs, expenses, damages, and liabilities, including reasonable attorney’s fees arising by reason of injury, damage, or death to persons or property, in connection with or resulting from the use of equipment including, but not limited to the manufacturer, selection, delivery, possession, use, operation, or return of the equipment. Lessee hereby releases and holds harmless Lessor from injuries or damages incurred as a result of the use of said equipment unless Lessor is operating the equipment and is deemed by a court of law to be negligent in its actions. Lessor cannot under any circumstances be held liable for inures as a result of acts of God, nature, or other conditions beyond its control or knowledge. Lessee also agrees to indemnify and hold harmless Lessor from any loss, damage, theft, or destruction of the equipment during the term of this contract and any extension thereof. 

 

11. DUTY TO MITIGATE

 

In the event of injury, damage or loss due to Lessor’s negligence, Lessee agrees and assumes the duty to mitigate all costs resulting from said injury, damage, or loss. 

 

12. APPLICABLE LAWS

 

This agreement shall be construed by the laws of the State of New Jersey, and all parties here by agree that any case or claim brought shall be brought in the Courts of the State of New Jersey. ©2020 Little Palms Soft Play, LLC. All Rights Reserved. 

 

13. DISCLAIMER OF WARRANTIES

 

Lessor makes no warranties either expressed or implied as to the condition or performance of any equipment and/or property leased by Lessee from Lessor. By signing this contract, Lessee agrees that any warranty of merchantability or fitness for a particular purpose and hereby disclaimed. By signing this contract, Lessee agrees that no expressed warranty as to the condition or performance of any equipment and/or property leased by the Lessee is hereby disclaimed. Lessee understands that the only warranties pertaining to the condition or pertaining of said equipment and/or property is that which is stated on the instruction manual for said equipment and/or property.

 

14. DISCLAIMER OF CONSEQUENTIAL DAMAGES

 

By signing this contract, Lessee agrees to forego seeking any consequential damages in the event of any injury, damage, or loss due to Lessor’s negligence.

 

15. MERGER CLAUSE

 

This signed Agreement in conjunction with invoice Form contains the entire agreement between the Lessor and the Lessee. No amendment, whether from previous or subsequent negotiation between the Lessee and the Lessor, shall be valid or enforceable unless in writing and signed by all parties to this contract. The invalidity or unenforceability of any particular provision of this Agreement shall not affect the other provisions hereof.

 

16. RELEASE OF LIABILITY

1. I acknowledge that I have read and agree to the TERMS AND CONDITIONS provided by Little Palms Soft Play, LLC. 
2. I understand that there exist certain risks of injury from the use or misuse of the rental equipment. 
3. I knowingly and freely assume all such risks, both known and unknown, and assume full responsibility for my use of rental equipment. 
4. I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, hereby release, hold harmless, and agree not to sue Little Palms Soft Play, LLC, the Lessor of all such items I have agreed to rent, their officers, agents and employees, with respect to any and all injury, disability, death or loss or damage to person or property, whether caused by the negligence of the Lessors or otherwise, except that which is the result of gross negligence or misconduct. 
5. I understand that this RELEASE OF LIABILITY covers each and every item which I have agreed to rent. 
6. I further agree that this RELEASE OF LIABILITY shall be governed by the laws of the State of New Jersey.
7. I have read and understand this RELEASE OF LIABILITY and fully understand its terms and I sign it freely and voluntarily without inducement.