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TERMS AND CONDITIONS OF RENTAL CONTRACT

For good and valuable consideration, you and Let’s Party Rental Center, Inc., an Illinois corporation (hereinafter referred to as “Lessor,” “LPRC,” “we,” “us” and/or “our”) agree as follows:  1. As used herein, “P.1” refers to the first page or “face” of this Contract; “Contract” refers to P.1 together with these Terms and Conditions of Rental Contract; “Rented Item(s)” or “Item(s)” means the item(s) rented to you, as identified on P.1 (including any “Instructions” provided per Section [or “§”] 7); “Site” means the address where the Item(s) will be delivered and/or used during the Term, as set forth on P.1; and “Customer,” “Lessee,” “you” and “your” mean the customer or lessee identified on P.1. 2. You agree to rent the Rented Item(s) from LPRC for the period(s) specified on P.1 (the “Term”), and to pay our stated rental rate(s) (the “Rent”), together with all other charges accruing hereunder, without proration, reduction or setoff, until the Rented Item(s) is/are returned to and accepted by LPRC in the return condition required under §§ 5 and 8 3. Unless otherwise specifically agreed by LPRC, all rental rates are for normal use of the Rented Item(s) on a single-event basis. Additional amounts will be due for late return(s), misuse and abuse. The Rent will not be reduced for weather delays or any other period(s) of nonuse. We have estimated the Rent based on your estimate of the length of the Term (the “Estimated Rent”). You agree: (a) to pay LPRC: (i) the Estimated Rent, together with any deposit specified on P.1 (or if none, 100% of the Estimated Rent) in advance (the “Prepayment”); and (ii) all other amounts coming due hereunder upon demand; and (b) that: (i) we may deduct any amount you owe us from any Prepayment; (ii) no interest will accrue on any Prepayment; (iii) no Prepayment will be deemed a limit of your liability to LPRC; and (iv) all Prepayments are NON-REFUNDABLE. Anything remaining with, in or on any Rented Item(s) upon return will, at our option, be deemed surrendered and abandoned. 4. Except with respect to Items we rent from one or more third-party(ies) (each, a “TPO”) and then rerent to you (“Re-Rented Items”), LPRC will retain the sole and exclusive title to the Rented Item(s) at all times. Your only right with respect to such Item(s) (including Re-Rented Item(s)) is to use it/them in full compliance with this Contract during the Term. You SHALL NOT: (a) permit the taking or existence of any lien, claim, security interest or encumbrance on any such Item(s); or (b) move, loan, transfer, sublease or assign any Item(s) or this Contract without our prior written consent (in our sole discretion). LPRC may sell and/or assign all or any part of its interests in the Item(s) and/or this Contract, in which event, you will attorn to the assignee, who will not be responsible for any pre-existing obligations or liabilities of LPRC or any TPO. 5. You will ensure the Site is fit for delivery, installation and use of the Rented Item(s) and is supplied with proper power (e.g., voltage, wattage, amperage and surge protection) at all times. If we agree to provide any services (e.g., delivery, installation, setup, cleaning, retrieval, etc.) you agree to: (a) pay our charge(s) for the same, and for all waiting time; (b) be present at the Site at the agreed time(s); and (c) ensure our personnel have full access to the Site. We will not be responsible for delay(s) caused by any other parties, including providers of goods or services (“Other Providers”) for which you agree to hold harmless LPRC. You agree to accept full responsibility for all Item(s) for the duration of the Term, and if you are not present upon delivery and/or retrieval of any Item(s), you agree to accept the statements of our representatives regarding the same (including the condition of the Rented Item(s) and the Site). Certain Rented Items may be delivered on pallets, or in crates, cartons or boxes, and may be stacked, bagged, racked, folded, rolled and/or strapped (“Packed”). You will ensure that, upon return, all such Rented Items are similarly (and properly) Packed. YOU AGREE NOT TO PACK ANY RENTED ITEM UNLESS IT IS COMPLETELY DRY. PACKING WET OR DAMP RENTED ITEMS MAY RESULT IN MOLD AND/OR MILDEW FOR WHICH YOU WILL BE LIABLE. 6. WARNINGS: (A) TENTS, STAGES, AND FLOORS (“TEMPORARY STRUCTURES”) AND EQUIPMENT USED FOR COOKING AND/OR HEATING CAN BE DANGEROUS. EXERCISE EXTREME CARE AND ENSURE THAT ONLY PROPERLY QUALIFIED AND INSTRUCTED INDIVIDUALS USE, OCCUPY AND/OR OTHERWISE DEAL WITH SUCH ITEM(S); (B) TEMPORARY STRUCTURES MAY MOVE, LEAK, COLLAPSE, OVERTURN OR CATCH FIRE, PARTICULARLY DURING HAZARDOUS WEATHER (e.g., heavy rain, snow, hail, and winds over 25 mph). If hazardous weather occurs or threatens, you agree to: (i) cause all persons to DISCONTINUE USING AND EVACUATE such Item(s); (ii) protect it/them and its/their contents; and (iii) PERMIT LPRC, IN ITS SOLE DISCRETION, TO DELAY DELIVERY, INSTALLATION AND/OR USE OF, OR DISMANTLE AND/OR RETRIEVE ANY OR ALL SUCH RENTED ITEM(S) (without obligating us to do so). 7. Upon your receipt of the Rented Item(s), unless you immediately reject it/them, you represent, warrant, acknowledge and agree that: (a) each Item: (i) is complete, in good repair and condition, free of defects, and in all ways acceptable to you; (ii) is appropriate for your purposes; and (iii) was selected (not based on any recommendation by LPRC), examined and tested by you or your agent(s); and (b) you; (i) have carefully reviewed all training, instructions, manuals and other information (including without limitation, all EPA, OSHA, NFPA, IFC, IBC and ANSI Standards) pertaining to such Item(s) (“Instructions”); (ii) will fully comply therewith; (iii) will use each Item only for its intended purpose, in a reasonable and safe manner; (iv) will give all required notice(s) to governmental authorities; (v) will timely obtain all licenses, permits, authorizations and approvals (including the approval(s) of the Site’s owner(s)); (vi) will ensure all underground utilities are properly marked before driving stakes or disturbing the ground surface (see below); (vii) will immediately cease using any Item that malfunctions or proves defective (a “Malfunction”); (viii) will post in a conspicuous place an OSHA-COMPLIANT EVACUATION PLAN for all Temporary Structures; (ix) WILL ENSURE THAT ALL CHILDREN IN, ON OR NEAR ANY RENTED ITEM(S) ARE SUPERVISED BY A COMPETENT ADULT AT ALL TIMES; and (x) will ensure that all others comply with this Section at all times.  You must provide notice to all owners and operators of underground utilities or CATS facilities as required under the Illinois Underground Utility Facility Damage Prevention Act, 220 ILCS 50-1, et seq. (as amended, the “Act”).  For line locations, call 811 or JULIE at 1-800-892-0123 and go to www.illinois1call.com at least 3 full business days prior to digging or disturbing the ground surface. 8. You agree to protect each Rented Item at all times, keep it safely and securely stored and locked when not in use, and return it to LPRC on time, free of dirt, damage, burns, stains and debris, and otherwise in good order, condition and repair. If you fail to do so, you will pay LPRC: (a) Rent for each succeeding full rental period until all Item(s) has/have been returned or replaced as required; and (b) all costs and expenses we incur in connection with such failure.  You will ensure that each Item is used safely and only: (a) for its intended purpose(s); (b) within its rated capacity; (c) at the Site; and (d) in full compliance with the Instructions and all applicable laws, rules, regulations and insurance policies at all times. You will not, nor will you permit anyone else to: (i) use open flames in, under or near any Temporary Structure(s); (ii) abuse, misuse, overuse, remove from the Site, conceal, modify, dismantle or damage any Rented Item(s); (iii) reposition any Temporary Structure (or any means of securement therefor, including lines, stakes and ballasts); or (iv) take possession of or exercise control over any Rented Item(s), without our prior written consent (in our sole discretion). 9. In the event of a Malfunction (as defined in § 7), you will immediately cease using and EVACUATE the Malfunctioning Item and notify LPRC, and provided the Malfunction did not result from the wrongful or negligent act(s) or omission(s) of, or any breach of this Contract by you or anyone you permit to use, access, occupy and/or otherwise deal with any Rented Item(s), we will, at our option: (a) repair the subject Item; (b) provide you with a comparable replacement; or (c) return the unused portion of the Rent and cancel this Contract. The foregoing remedies are EXCLUSIVE. We will have no other obligations regarding Malfunctions, all of which you waive, together with all associated direct, indirect, incidental, consequential, general, special, exemplary and punitive damages.  10. You agree to maintain all INSURANCE LPRC may require, including: (a) liability insurance with minimum limits of $1,000,000 per occurrence; and (b) property damage/inland marine insurance covering all Rented Items for the full (new) replacement value thereof. All such policies shall, to the extent possible: (i) name LPRC as an additional insured and loss payee; (ii) waive subrogation against LPRC; and (iii) include such other terms as LPRC may require. 11. LPRC IS NOT THE MANUFACTURER OR DESIGNER OF ANY RENTED ITEM(S), ALL OF WHICH ARE PROVIDED “AS-IS.” NEITHER LPRC NOR ANY TPO MAKES ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED (INCLUDING ANY WARRANTY OF MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE, FUNCTION, DESIGN, QUALITY, CAPACITY, FREEDOM FROM DEFECTS AND/OR GOOD AND WORKMANLIKE PERFORMANCE, AS WELL AS ANY WARRANTY ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE AND/OR USAGE OF TRADE) REGARDING ANY ITEM(S) OR SERVICE(S) REFERENCED IN THIS CONTRACT, NOR DOES LPRC OR ANY TPO MAKE ANY WARRANTY AGAINST INTERFERENCE OR INFRINGEMENT, ALL OF WHICH YOU HEREBY WAIVE. NO PICTURES, MODELS, ADVERTISEMENTS, DESCRIPTIONS OR SPECIFICATIONS SHALL BE DEEMED REPRESENTATIONS OR WARRANTIES BY LPRC OR ANY TPO. 12. INDEMNITY/HOLD HARMLESS: TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, YOU: (A) ASSUME ALL RISK OF INJURY, LOSS, DAMAGE, DESTRUC-TION AND CONTAMINATION OF, TO, AND/OR ARISING IN CONNECTION WITH THE ITEM(S) AND SERVICE(S) REFERENCED IN THIS CONTRACT, INCLUDING WITHOUT LIMITATION, ALL LIABILITIES, CLAIMS AND DAMAGES ARISING IN CONNECTION WITH THE SELECTION, PROVISION, INSPECTION, DESIGN, MANUFACTURE, USE, LOADING, UNLOADING, TRANSPORTATION, INSTALLATION, SETUP, DEMONSTRATION, STORAGE, SERVICING, MAINTENANCE, REPAIR, DELIVERY AND/OR RETRIEVAL THEREOF, WHETHER OR NOT YOUR FAULT (COLLECTIVELY, “RISKS”); (B) RELEASE AND DISCHARGE, AND AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS LPRC AND EACH TPO, and their respective owners, shareholders, officers, directors, members, managers, agents, employees, insurers, representatives, subrogees, successors and assigns (collectively, the “Indemnitees”), for, from and against all such RISKS (including without limitation, attorneys’ fees) as well as your breach of this Contract; and (C) WAIVE all rights, claims and defenses under the Uniform Commercial Code, as well as all direct, indirect, incidental, consequential, general, special, exemplary and punitive damages, against the Indemnitees (and each of them) arising in connection with the subject matter of this Contract. 13. You hereby grant to LPRC a perpetual, paid-up, royalty-free license to create, edit, distribute, display and copy audio and visual representations which include any Rented Item(s). This Contract, together with any addenda provided by LPRC (including without limitation, our form of Temporary Structures Addendum), each of which is incorporated herein, represent the entire agreement between you and LPRC, superseding all other agreements and representations, as well as our website and advertising. The terms of this Contract are severable. If any of the terms of this Contract shall be deemed invalid or unenforceable by any court of competent jurisdiction, such term(s) will be deleted, and the remaining terms hereof will continue in full force and effect. This Contract cannot be further amended or extended except in a writing signed by LPRC. If LPRC commences legal action to enforce this Contract, LPRC will be entitled to recover its costs and expenses associated therewith (including attorneys’ fees and expenses) from you and/or any guarantor if LPRC prevails. Time is of the essence. We may, without notice or liability to you, monitor and/or inspect any Rented Item(s) at any time. If any performance required of us is rendered impractical as a result of or in connection with any act or omission of any Other Provider(s) or any “Act of God” (e.g., any event, fact or circumstance beyond LPRC’s reasonable control), we will be excused from such performance. You waive the benefits of all statutes of limitations. You authorize us to charge all amounts due and coming due hereunder to any debit or credit card(s) you provide. All amounts due from you hereunder but not timely paid will bear interest at the highest rate permitted under applicable law until paid. You agree to pay us the maximum lawful charge for any check you write which is returned unpaid. Our maximum liability to you is limited to the amount(s) actually paid by you to us hereunder. These Terms and Conditions will apply not only to the Item(s) identified on P.1, but also to all other Items you obtain from LPRC at any time (except only as may otherwise be agreed in writing by LPRC). You agree to pay all taxes (including all sales and use taxes), fines, fees, duties, assessments and other charges related to each Item. Neither our exercise, nor our failure or delay in the exercise, of any rights or remedies will constitute an election of remedies or a waiver of any right or remedy we may have. You acknowledge and agree that: (a) this Contract: (i) is fair and reasonable under the circumstances; and (ii) shall be interpreted under the laws of the State of Illinois; and (b) proper venue for any and all associated civil legal proceedings shall lie solely in the federal, state and local courts located in or nearest to McLean County, IL (unless waived by LPRC). You consent and submit to such jurisdiction and venue and waive all claims that such venue lies in an inconvenient forum. Digital, electronic, photocopied and facsimiled signatures and initials appearing on this Contract and/or any Addenda(um) will be deemed originals.   14. Your duties hereunder are unconditional. If you or any guarantor: (a) fail to timely pay, honor or perform any of your obligations under this Contract; (b) provide any incorrect or misleading information to LPRC; (c) become insolvent or declare bankruptcy; or (d) die or cease conducting business, or if any Item(s) shall be lost, damaged or destroyed, you will be in default hereunder, whereupon, we may with or without legal process or notice (and without liability to you), to the maximum extent permitted under applicable law: (i) terminate your rental; (ii) seek relief from stay; (iii) recover, lock, empty and/or disable any Rented Item(s) without being guilty of trespass, wrongful interference or other transgression, or liable for personal injuries or property damage (for which you agree to indemnify, defend and hold harmless LPRC and its agents); (iv) perform your obligations hereunder on your behalf, without being obligated to do so; (v) purchase one or more replacement Item(s); (vi) recover from you and/or any guarantor our associated damages, losses, costs and expenses (including without limitation, Rent for the remainder of the Term and attorneys’ fees); and/or (vii) pursue any other rights and/or remedies available hereunder, at law and/or in equity, all of which shall be cumulative. 15. WARNING.  Obtaining property available only for hire by threat or deception, or without the consent of the owner, and/or failure to return rented property, may be deemed THEFT, resulting in Criminal Prosecution.  See 720 ILCS 5/ 16-1.1, 16-3 and 16A-3(h) for details. 
 
TEMPORARY STRUCTURES ADDENDUM EVACUATION PLAN GUIDELINES   
                                                                                       
OSHA Regulation, 29 CFR Section 1910.38 sets forth the requirements for an Emergency Evacuation Plan The tent(s), inflatable(s), dunk tank(s), amusement(s), stage(s), floor(s), and/or other temporary structure(s) you have rented from Let’s Party Rental Center, Inc. (hereinafter referred to as “LPRC,” “Lessor,” “we,” “us,” and “our”) will be erected to provide temporary accommodations for your event. Temporary structures can provide protection from moderate weather, but ARE NOT DESIGNED FOR USE AS SHELTER IN SEVERE WEATHER. Consequently, the Rented Item(s) may need to be evacuated in the event of severe weather and/or other emergency situations. It is your (“Customer’s” or “Lessee’s”) responsibility to ensure your guests’ safety.  LPRC recommends that you develop an emergency evacuation plan so you are prepared to act decisively in the event of an emergency during your event. Following are suggested guidelines for developing an emergency evacuation plan. Situation Why you may need to evacuate Lightning The temporary structure is not grounded. High / Gusty Winds (over 25 mph / 40 kph) It subjects structure to forces beyond its limitations; the structure cannot protect occupants from flying debris. Excessive Rain It subjects structure to forces beyond its limitations; saturation of ground with water may compromise securement. Hail or Sleet It subjects structure to forces beyond its limitations. Ice storm It subjects structure to forces beyond its limitations. Flooding Saturation of ground with water may compromise securement. Smoke, Fire or Explosion The structure cannot protect occupants from excessive heat, flames or flying debris, and may trap smoke, gas or other harmful airborne substances. Gas leak Leaks may create the risk of fire or explosion. Atmospheric conditions may not be suitable for occupants. Riot, War, Commotion, Civil Unrest, Terrorism Structure cannot protect occupants from physical harm due to riot, war, commotion, civil unrest, terrorism or threats thereof. Earth movement (e.g., tremor, landslide) Ground conditions may not be suitable for occupants and may compromise the structure’s integrity, stability or securement. Note:  This is not an all-inclusive list. You and your point person(s) should determine any and all emergency conditions that could arise during your event. BEFORE YOUR EVENT: 1. Emergency Shelter: Work with your point person(s) to determine where guests will seek shelter if necessary:  Identify a nearby permanent building large enough to accommodate your guests, or if no such building is available, another form of reasonably sufficient shelter or other location recommended by the National Weather Service or Emergency Alert System to serve as an emergency shelter.  Make sure the building will be open and accessible during your event.  Determine how guests will get there (e.g., the route to take, travel by foot or car, etc.).  Make a note of the building’s address in case you have to call for emergency assistance. 2. Communication: Make sure you have telephone and other methods of communication in the event of injuries. Pre-program emergency numbers in your mobile phone so you can act quickly to call police and/or emergency response personnel if necessary.   Depending on the size of your event, backup communications may be needed in situations where there is no electrical power, cell phone signals are interrupted, etc. 3. Your Designated Point Person(s) Will be Responsible for:  Monitoring a weather source (such as the National Weather Service) two or more hours before your event begins, checking specifically for SEVERE WEATHER ALERTS.  Deciding whether or not to proceed with the event under the tent(s) based on that information.  Checking each rented structure for any changes since installation (for example, stakes pulling out of the ground, loose poles, ropes or straps etc.).   If severe weather occurs or threatens, or if you notice anything unusual call us immediately at: (309) 663-7177.
 
DURING YOUR EVENT: 4.  Monitor the WEATHER, and IMPLEMENT YOUR EVACUATION PLAN IF ANY ONE OR MORE OF THE FOLLOWING OCCUR(S):  Severe Weather Alert:  If a Severe Weather Alert is posted by the National Weather Service.  Lightning Strike:  If lightning strikes within 1 mile (count of less than 5 seconds between lighting and thunder).  Threatening Weather:  Dark clouds are approaching.  High Winds:  High winds causing large trees to sway or leaves to be ripped off trees (typically, winds in excess of 25 mph / 40 kph).  Smoke, Fire or Explosion.  Heavy Precipitation:  Heavy rain, hail or sleet begins falling or accumulating on the tent(s) (e.g., rain falling so hard that it runs off the tent walls in sheets, precipitation accumulating on the top(s) of the tent(s), etc.).  Flooding:  Water running through the tent or surrounding area.  Gas leak.  Anchoring Failure:  Any of the anchoring devices fail(s) or the Rented Item(s), any pole(s) or wall(s) begin(s) to move, tilt or bend. IF A DECISION IS MADE TO EVACUATE YOU MUST: (A) Make a Public Announcement:  Announce immediately that there is a weather or other emergency and that it is unsafe to stay in or under any Temporary Structure. Require all occupants to evacuate immediately and take shelter in the location(s) you’ve chosen as emergency shelter(s). (B) Render Assistance:  Assist your guests along the evacuation route to the emergency shelter. AFTER AN EVACUATION, even if the Rented Item(s) appear(s) to be intact, it/they may not be safe to return to. For example, one or more stakes may have been pulled out of the ground or there may be loose poles, ropes or straps.  Contact LPRC so we can inspect each structure BEFORE you permit anyone to reenter and/or resume your event. 
   
SAMPLE EVACUATION PLAN
Post in a Public Place on or Near Rented Item(s) 
 
The undersigned (“Provider”) is providing one or more tent(s), inflatable(s), dunk tank(s), amusement(s), stage(s), floor(s), and/or other temporary structure(s) (each, a “Temporary Structure”) at Provider’s event. Each Temporary Structure is intended to provide only temporary accommodations. Temporary Structures are NOT DESIGNED FOR USE AS SHELTER IN SEVERE WEATHER. The Above Referenced Temporary Structure(s) May Need to be Evacuated if Severe Weather threatens/occurs, or in other types of emergency situations. Designated Point Person(s) (The Person(s) who will be in charge of Provider’s emergency plan and will be on site for the Provider’s entire event). The point person(s) will be responsible during the event for monitoring the weather, determining whether to evacuate, and acting decisively and authoritatively to instruct guests to do so: Name:  Cell Number:     
Name:  Cell Number:    
 
Emergency conditions to be particularly aware of (check all that apply to your region/seasonality):  Lightning Heavy rainfall Ice storm  Hail or sleet Flash flooding Smoke, Fire or Explosion  Damaging winds Accumulation of Precipitation Gas leak  Earth movement       
 
Emergency Shelter:  Name/Identification:    Phone No.:     Location/Address:        Confirmed the shelter will be open and available: Yes      
Evacuation Route (From Rented Item(s) to Emergency Shelter):            Backup Method for Communication:  PA Cell Phone Walkie-talkie Bull Horn Other:     During the event: An initial announcement of location of emergency shelter will be made. Yes No If yes, by whom:      Weather alert radio Radio  TV Cell Phone App Other:     Emergency Contact Numbers: 
Fire Dept.:                                         Hospital/Med. Center:                                        Police:       On-Call Physician/EMT/Nurse:                              Event Planner:                           Rental Customer:                         
Questions? Contact Provider at:       
 
Signature of Lessee (Provider of Evacuation Plan):   
 
TEMPORARY STRUCTURES ADDENDUM SAFETY RULES FOR TEMPORARY STRUCTURES  
 
The following SAFETY RULES apply to any and all Temporary Structures (each, a “Rented Item”) provided by Let’s Party Rental Center, Inc. (hereinafter, “LPRC,” “Lessor,” “we,” “us,” and “our”) under the terms of its Rental Contract (the “Contract”) with each of its customers (each being hereinafter referred to as “Customer,” “Lessee,” “you” and/or “your”). RULE #1:  ENSURE THE INSTALLATION SITE IS PROPERLY PREPARED The installation site (“Site”) must be reasonably uniform, safe, clean, flat, smooth, dry and free of debris at all times. You must also ensure that the Site has adequate 3-dimensional clearance (length, width and height), including the minimum clearance on each side and each end as required by the International Fire Code and NFPA standards. You agree to obtain, at your sole cost and expense, all necessary licenses, permits, authorizations and approvals, advise the appropriate Utilities Protection Service and mark all underground utilities and cables, including without limitation, water, gas, steam, sewer and electricity lines, underground sprinklers and television and data cables, and provide complete and accurate diagrams thereof to LPRC. You must provide notice to owners and operators of underground utilities or CATS facilities as required under the Illinois Underground Utility Facility Damage Prevention Act, 220 ILCS 50-1, et seq. (as amended, the “Act”).  For line locations, call 811 or contact “JULIE” (Joint Utility Locating Information for Excavators) at 1-800-892-0123, and go to www.illinois1call.com at least 3 full working days prior to digging or disturbing the ground surface. RULE #2:  DO NOT USE YOUR OWN MEANS OF SECUREMENT (INCLUDING WITHOUT LIMITATION WEIGHTS), OR OTHERWISE ATTEMPT TO MOVE OR MODIFY AN INSTALLED RENTED ITEM WITHOUT OUR APPROVAL Once a Rented Item has been set and anchored in place by LPRC (or at our direction), attempting to move or modify it in any way can result in personal injury(ies) and/or property damage, and is strictly prohibited. Certain practices, such as attempting to relocate stakes, anchors or poles, reconfiguring the Rented Item’s footprint, or deinstalling side panels can destabilize the Rented Item and cause it to move, shift, tip or collapse, particularly in severe weather. Accordingly, you agree to refrain from doing so absent the express written approval of LPRC. RULE #3:  LIMIT OR ELIMINATE FIRE HAZARDS WHEREVER POSSIBLE Temporary Structures and/or their Contents can catch fire. You will: (a) not permit the use or storage of fire sources, open stoves or flammables inside of or unreasonably close to the interior or exterior of any Rented Item; (b) ensure all exits and exit routes are clearly marked and remain unobstructed at all times; and (c) ensure all required fire extinguishers and other firefighting tools are reasonably accessible at all times. RULE #4:  DO NOT EXCEED MAXIMUM CAPACITY(IES) Overcrowding is dangerous and can result in personal injuries, property damage and/or damage to the Rented Item(s). Exceeding a Rented Item’s capacity may also be a violation of applicable law(s), which can result in civil and/or criminal penalties. You agree to closely monitor utilization of the Rented Item(s) and ensure that its/their maximum capacity(ies) is/are not exceeded and it/they are not otherwise misused or overused. RULE #5:  DO NOT GRANT ACCESS TO UNRULY, HOSTILE OR INTOXICATED EVENT PATRONS Person(s) who exhibit unruly or hostile behavior or appear to be intoxicated is/are strictly prohibited from entering or using any Rented Item. RULE #6:  ENSURE THAT CHILDREN ARE SUPERVISED BY A RESPONSIBLE ADULT AT ALL TIMES NEVER permit children (those under the legal age of majority in the applicable state) to enter, use or have access to any Rented Item(s) unless supervised at all times by a responsible and competent adult. RULE #7:  DO NOT PERMIT ACCUMULATION OF PRECIPITATION ON RENTED ITEMS THE ACCUMULATION OF PRECIPITATION CAN DAMAGE A RENTED ITEM AND/OR CAUSE IT TO LEAK AND/OR COLLAPSE.  ACCORDINGLY, YOU AGREE TO CAREFULLY MONITOR PRECIPITATION, TO PERIODICALLY REMOVE ALL ACCUMULATIONS OF PRECIPITATION FROM ALL RENTED ITEMS, AND TO COMPLY FULLY WITH ALL INSTRUCTIONS PROVIDED BY LPRC. RULE #8:  PROTECT PERSONAL PROPERTY FROM WATER DAMAGE RENTED ITEMS ARE NOT WATERPROOF.  PRECIPITATION, INCLUDING RAIN, SNOW, SLEET AND HAIL, MAY AMONG OTHER THINGS, PENETRATE A RENTED ITEM’S SURFACE AND DAMAGE ITS CONTENTS (“WATER DAMAGE”).  You therefore agree to take all necessary steps to protect any property that may be damaged as a result of contact with precipitation (including, but not limited to, linens, draperies, clothing, documents, furniture, collectibles, cameras, computers, video and sound equipment and other electronic devices) while stored under or inside any Rented Item. RULE #9:  MAINTAIN AND POST IN A CONSPICUOUS PLACE AN OSHA-COMPLIANT EVACUATION PLAN, AND EVACUATE THE RENTED ITEM(S) IN THE EVENT OF SEVERE WEATHER (SEE OUR SAMPLE EVACUATION PLAN AND GUIDELINES) TENTS AND OTHER TEMPORARY STRUCTURES MAY MOVE, LEAK, COLLAPSE, OVERTURN OR CATCH FIRE, PARTICULARLY DURING HAZARDOUS WEATHER (e.g., rain, snow, sleet, hail and high winds). You agree to maintain and post in a conspicuous place, a written Evacuation Plan for all temporary structures, as required under OSHA Regulations (29 CFR Section 1910.38), and if severe weather occurs or threatens (for these purposes, “severe weather” includes lightning, hail, rain, snow, sleet and/or winds in excess of 25 mph / 40 kph), you agree to: (a) cause all occupants to DISCONTINUE USE OF AND EVACUATE such Rented Item(s); (b) protect the Rented Item(s) and its/their contents (including disconnecting all electrical devices and covering any property that may be subject to wind or water damage); and (c) PERMIT LPRC, AT ITS SOLE OPTION, TO DELAY DELIVERY, OCCUPANCY AND/OR INSTALLATION OF, OR DISMANTLE AND/OR RETRIEVE, ANY OF SUCH RENTED ITEM(S) (without obligating LPRC to do so). IN ADDITION TO THE CUSTOMER’S OTHER LIABILITIES AND OBLIGATIONS ARISING UNDER THE RENTAL CONTRACT AND/OR RELATED DOCUMENTS, CUSTOMER HEREBY: (A) ASSUMES FULL RESPONSIBILITY (INCLUDING WITHOUT LIMITATION, ALL LIABILITY FOR PERSONAL INJURIES AND PROPERTY DAMAGE (INCLUDING DAMAGE TO ANY RENTED ITEM(S)) ARISING FROM AND/OR IN CONNECTION WITH ANY FAILURE BY CUSTOMER AND/OR ANY OF CUSTOMER’S PARENTS, AFFILIATES AND/OR SUBSIDIARIES, AND/OR THEIR RESPECTIVE OWNERS, SHAREHOLDERS, MANAGERS, OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, ADMINISTRATORS, INSURERS, SUBROGEES, REPRESENTATIVES, SUCCESSORS AND/OR ASSIGNS (COLLECTIVELY, THE “CUSTOMER PARTIES”) TO FULLY AND TIMELY COMPLY WITH EACH OF THE FOREGOING SAFETY RULES; (B) FOR ITSELF AND FOR EACH OF THE CUSTOMER PARTIES, WAIVES AND RELINQUISHES ANY AND ALL RIGHTS, CLAIMS, DAMAGES, LOSSES, COSTS AND EXPENSES (INCLUDING WITHOUT LIMITATION, ATTORNEYS’ FEES) AGAINST LPRC, ITS PARENTS, AFFILIATES AND SUBSIDIARIES, AND THEIR RESPECTIVE OWNERS, SHAREHOLDERS, OFFICERS, MEMBERS, MANAGERS, PARTNERS, DIRECTORS, AGENTS, EMPLOYEES, INSURERS, SUBROGEES, REPRESENTATIVES, SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE “LPRC PARTIES”) ARISING FROM AND/OR IN CONNECTION THEREWITH (INCLUDING ANY SUCH FAILURE); AND (C) AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE LPRC PARTIES (AND EACH OF THEM), FOR, FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, LOSSES, COSTS AND EXPENSES (INCLUDING WITHOUT LIMITATION, ATTORNEYS’ FEES) ARISING THEREFROM AND/OR ASSOCIATED THEREWITH. 
 
TEMPORARY STRUCTURES ADDENDUM WAIVER, INDEMNITY AND RELEASE AGREEMENT 
 
I representing  (Print Name) (Name of Customer on Rental Contract)(hereinafter, “Customer”) have rented one or more tent(s), inflatable(s), stage(s) and/or floor(s) (also referred to herein as “Rented Item(s)”) from Let’s Party Rental Center, Inc. (hereinafter, “LPRC,” “Lessor,” “we,” “us,” and “our”) under the terms of the Rental Contract I have executed with LPRC (the “Rental Contract”), as identified below.   WHEREAS, Customer has agreed that one or more of the Rented Item(s) is/are to be delivered to and/or installed by one or more employees and/or contractors of LPRC at the “Site” specified in the Rental Contract, acknowledging that certain Rented Item(s) must be anchored, typically by driving stakes or spikes into the ground to a depth of as much as 84 inches;  WHEREAS, Customer acknowledges that: (a) installation of the Rented Item(s) at the Site may result in damage to concrete and/or asphalt surfaces; and (b)(i) underground water, sewer, gas, drainage, power, cable television, internet and/or other service/utility lines, wires, pipes, conduits, etc. (collectively, “Lines”) may be located at the Site, may not be visible upon inspection and, if ruptured, may cause substantial personal injury(ies) (including death), property damage, disruption of services and/or financial losses; and (ii) LPRC and/or its employees may not be aware of the existence or location(s) of one or more of such Lines at the Site (including without limitation, private lines which may not be identified by public utility location services), unless advised by Customer of their existence and location, and properly marked on the surface of the ground.   NOW THEREFORE, in consideration of the mutual promises and agreements set forth herein and in the Rental Contract, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Customer agrees as follows: 1. Identification and Marking of Lines:  Customer agrees to ensure that, prior to delivery and/or installation of the Rented Item(s) at the Site: (a) all Lines are clearly and properly marked on the surface of the ground; and (b) all required licenses, permits, authorizations and approvals (including without limitation, state, county, municipal, provincial and local permits, as well as the approval of the owner of the Site) have been obtained and will remain in effect for the duration of the Customer’s rental from LPRC of the Rented Item(s).   2. ASSUMPTION OF RISK, INDEMNITY AND HOLD HARMLESS: TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE UNDERSIGNED, FOR HIM/HERSELF AND FOR THE CUSTOMER, HEREBY: (A) ASSUMES ALL RISK OF PERSONAL INJURY(IES) (INCLUDING DEATH), PROPERTY DAMAGE, DISRUPTION OF SERVICES AND/OR UTILITIES, FINANCIAL LOSS(ES), AND ANY AND ALL OTHER LOSS, DAMAGE, DESTRUCTION AND ENVIRONMENTAL CONTAMINATION OF, TO, AND/OR ARISING IN CONNECTION WITH, THE RENTED ITEM(S) AND/OR SERVICE(S) PROVIDED BY AND/OR AT THE DIRECTION OF LPRC, INCLUDING WITHOUT LIMITATION, ALL LIABILITIES, CLAIMS AND DAMAGES ARISING IN CONNECTION WITH THE DELIVERY, INSTALLATION (INCLUDING WITHOUT LIMITATION, RUPTURES AND PUNCTURES OF LINES, CONCRETE AND/OR ASPHALT), USE, LOADING, UNLOADING, TRANSPORTATION, DEMONSTRATION, STORAGE, SERVICING, MAINTENANCE, REPAIR, DELIVERY AND/OR RETRIEVAL OF THE RENTED ITEM(S), WHETHER OR NOT THE FAULT OF THE UNDERSIGNED OR THE CUSTOMER; AND (B) RELEASES AND DISCHARGES LPRC FROM, AND AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS LPRC, AND ITS OWNERS, SHAREHOLDERS, OFFICERS, MEMBERS, MANAGERS, PARTNERS, DIRECTORS, AGENTS, CONTRACTORS, EMPLOYEES, INSURERS, REPRESENTATIVES, SUBROGEES, SUCCESSORS AND ASSIGNS, FOR, FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, LOSSES, COSTS AND EXPENSES (INCLUDING WITHOUT LIMITATION, ALL LIABILITIES ASSUMED UNDER SUBSECTION (A), AS WELL AS ATTORNEYS’ FEES) ARISING FROM OR ASSOCIATED WITH ANY AND/OR ALL OF SUCH RENTED ITEM(S) AND/OR SERVICES (EVEN IF ARISING FROM ANY DEFECT(S) IN OR WITH RESPECT TO ANY RENTED ITEM(S) AND/OR THE NEGLIGENCE OR CLAIMED NEGLIGENCE OF LPRC, ITS AGENTS, EMPLOYEES AND/OR CONTRACTORS).  3. Miscellaneous:  This Addendum (including Pages 1 through 4 hereof) supplements the Rental Contract and each other Rental Contract entered into between LPRC and the undersigned (or any entity represented or controlled by, controlling or under common control with the undersigned, and/or its/their respective affiliates) at any time, and shall not be deemed a limitation of any other rights, protections and/or remedies available to or for the benefit of LPRC under such Rental Contract(s), at law or in equity.  Neither this Addendum nor the Rental Contract may be otherwise modified, unless authorized in writing by LPRC. The undersigned’s handwritten, digital, electronic, photocopied or facsimiled signature and initials hereon will be enforceable as originals. Acknowledged and agreed by the undersigned to be effective as of the effective date of the subject Rental Contract.