Rental Contract
All rentals made by Yong Party Rentals to Rentee ("Client") its rental equipment (“Equipment”) are subject to the following terms and conditions in the Rental Contract (the “Agreement”). Client's acceptance of this Contract shall be made by a) acceptance of any Equipment offered by Yong Party Rentals, or b) having paid an authorized invoice (or applicable rental reservation booked through the website) and signing this Agreement, whichever occurs first.
Legal Use of Equipment
The use of the Equipment is restricted solely and exclusively to Rentee/Rentee’s family members and guests for LEGAL RECREATIONAL PURPOSES ONLY. Client under no circumstances is permitted by Yong Party Rentals whatsoever to utilize Equipment in any illicit manner or clandestine activities violating any local municipal, State, or Federal laws. Client explicitly agrees to assume full liability for any and all financial and legal risks that may be incurred related to any such illicit activities performed with Equipment owned by Yong Party Rentals. Client fully acknowledges that Yong Party Rentals does not sponsor, endorse, promulgate, or promote any such illicit behaviors or activities related to such acts through the rental of such Equipment.
Prohibited Subleasing of Equipment
This Agreement is specifically entered into between Yong Party Rentals and Rentee; Rentee shall NOT sublease or assign its rights to any other person, entity, agent or affiliate without Yong Party Rentals's prior explicit written consent.
Rental Period
The rental period officially begins at 12 PM PT of the stated initial rental day listed per the invoice (or applicable rental reservation booked through the website) or earlier when the Client receives Equipment the day of reservation(s), whichever occurs first. The rental period officially ends at 12 PM PT on the final rental day stated per the invoice (or applicable rental reservation booked through the website). The deadline for the Client to return Equipment to Yong Party Rentals without charges is 12 PM PT of the same day when the rental period ends. No allowance is made for Sundays, Holidays (Federal or not) or time in transit without written agreement from Yong Party Rentals.
Payment Terms, Credit Card/Contact Information Change
Rentee shall pay Yong Party Rentals the amount stipulated on the invoice (or applicable rental reservation booked through the website) billed to client on the due date for the use of the Equipment during the rental term. Such holding over rent shall become immediately due and payable; Equipment will NOT be released to client prior to payment having cleared/posted. Payment by Rentee or subsequent charge(s) by Yong Party Rentals of any holding over rent shall under no circumstances be deemed an extension of the rental term. Rentee also agrees it is their sole responsibility to notify Yong Party Rentals in advance of any changes in information necessary for inquiries related to business including but not limited to: credit card payment, address, or phone contact number by Rentee that may occur while in possession of said Equipment. Failure to notify Yong Party Rentals of changes may result in pursuing of criminal charges if Equipment is not returned after 4 days of specified end date of the Agreement and is determined to be stolen by Yong Party Rentals.
Rental Reservation Changes
All rental reservation changes must be requested and affirmed by Yong Party Rentals at least 72 hours prior to the stated initial rental day listed per the invoice (or applicable rental reservation booked through the website). Subject to availability/determination of Yong Party Rentals.
Unsolicited Payments
Any unsolicited, unauthorized payment(s) made to Yong Party Rentals without an authorized invoice (or valid rental reservation booked through the website) does not establish or constitute a valid contract under any circumstances. Any such contract claimed to be made by any party or individual(s) is deemed false, null and void, and unenforceable.
Right to Refuse Service
With exception to Federal, State, and local municipal laws, Yong Party Rentals reserves the absolute, categorical, and unequivocal right to refuse service to anyone with or without notice for any reason(s).
Rentee Liability
Full responsibility of Equipment remains with the client from the exact pickup/drop-off of Equipment by Rentee from Yong Party Rentals. During the time the Equipment is in Rentee’s possession (including, without limitation, the possession of Rentee’s family members, invitees or guests), Rentee shall bear ALL risks of loss of and damage to Equipment from any cause and any occurrence of such loss or damage shall not relieve Rentee of any obligation to Yong Party Rentals hereunder. Client will ensure Equipment is protected from weather and/or any other negative environmental hazards and secure aforementioned Equipment when not in use. Rentee shall return the Equipment to Yong Party Rentals on the applicable due date or earlier if demanded by Yong Party Rentals (in its sole and absolute discretion) in the same condition as when received. RENTEE SHALL BE FULLY LIABLE FOR ALL DAMAGES AND ALL OTHER LOSSES. IF THE EQUIPMENT (OR COMPONENTS OF) ARE LOST, STOLEN, CONFISCATED, DESTROYED, OR OTHERWISE RENDERED DANGEROUS/UNFIT FOR NORMAL USAGE, RENTEE SHALL BE FULLY LIABLE FOR, AND AGREES TO PAY Yong Party Rentals, IMMEDIATELY UPON DEMAND THE FULL REPLACEMENT COST(S) FOR SAID EQUIPMENT. Failure of Rentee to reply to subsequent inquiries regarding Equipment and/or fully resolve outstanding balances within 4 days of specified end date of the rental period to Yong Party Rentals constitutes theft and will result in criminal charges being pursued against Rentee(s). (See Late Returns & Equipment Theft Policy section.)
Late Returns & Equipment Theft Policy
In the event Rentee fails to return the Equipment to Yong Party Rentals upon expiration or termination of the rental term, Rentee agrees to be charged an amount equal to 25% of the original prorated invoice amount (or applicable rental reservation booked through the website) per day it so holds over the Equipment after expiration or termination, up to a maximum of 4 days. After 4 days, Equipment will be considered lost and Rentee's credit card on file will subsequently be charged for the entire Equipment replacement cost(s). If Rentee's action(s) are determined to be theft (as solely determined by Yong Party Rentals) the Rentee agrees to be charged the greater of either a) full replacement cost(s) plus an additional "anti-theft/felony" charge of $951 or b) the original invoice amount (or applicable rental reservation amount(s) booked through the website) owed plus replacement costs. This applies regardless if Rentee's information regarding credit card payment, contact information, or address changes. Criminal charges will be pursued if the charge(s) of the credit card on file for replacement costs and/or the $951 "anti-theft/felony" charge is found to be deliberately blocked or results in an unsuccessful payment bounce with no resolution or contact by Rentee within 24 hours of being assessed said charges. Failure to charge credit card on file successfully does NOT absolve any amount(s) owed by Client to Yong Party Rentals.
If Equipment not returned is set to be rented to another customer inside the late period, the Renter may be charged at the discretion of Yong Party Rentals for causing inconvenience and loss of revenue. Failure of Rentee to reply to subsequent inquiries regarding Equipment and/or fully resolve outstanding balances within 4 days of specified end date of the rental period to Yong Party Rentals constitutes theft and will result in criminal charges being pursued against Rentee(s).
Warranty Disclaimer
Yong Party Rentals makes no implied or express warranty of any kind whatsoever with respect to the Equipment, including but not limited to: the design or condition, merchantability or fitness for any particular purpose, the workmanship, the quality or capacity, compliance with the requirements of any law, rule, specification, or contract pertaining thereto.
Duty to Inspect Equipment by Client
THE RENTEE FULLY ACKNOWLEDGES THAT THEY HAVE THE DUTY TO INSPECT BOTH THE COUNT AND CONDITION OF EQUIPMENT PRIOR TO TAKING POSSESSION FOR RENTAL USE FOR SAFETY CONCERNS AND/OR DEFECTS. By accepting physical possession of Equipment, the Rentee hereby agrees that the Equipment is in safe and satisfactory working condition suitable for rental use; that Rentee has confirmed the proper count and been given the opportunity to inspect Equipment for use at the time of pickup or delivery, that the Equipment is as described.
In the event Equipment count is wrong, Equipment is found to be unsafe/defective for rental use, and/or unsatisfactory prior to release to Client, Rentee agrees to immediately notify Yong Party Rentals, who (in its sole and absolute discretion) may either opt to replace Equipment with a similar one(s) in working order if available, or cancel reservation and provide a partial credit/refund to Client. Under no circumstances shall Yong Party Rentals be liable to Rentee for any incidental or consequential damages whatsoever caused by delays or otherwise unforeseen events.
Equipment Property Rights/Prohibited Repairs and Modifications
The Equipment is and shall at all times remain the property of Yong Party Rentals. Rentee shall have no right, title, or interest therein except as expressly set forth in the Agreement. Rentee hereby waives, to the maximum extent permitted by law, any rights pursuant to the Uniform Commercial Code and its equivalent under applicable laws. Rentee shall NOT permit any repairs or modifications to the Equipment or suffer any lien to be placed upon it without Yong Party Rentals’s prior written consent.
Waiver of Liability & Damages/Indemnification
Rentee shall immediately report any accidents to Yong Party Rentals and deliver to Yong Party Rentals or its insurer, every process, pleading notice or paper of any kind received by Rentee relating to any claim, suit or proceeding connected with any accident or event involving the Equipment. Rentee shall cooperate fully with Yong Party Rentals and its insurer in investigating and defending the same.
Rentee hereby assumes any and all risks of damages to Rentee and to Rentee’s family members, invitees or guests, and to all others, arising out of or in any way related to this rental, and Rentee’s use of the Equipment rented pursuant hereto.
Yong Party Rentals shall NOT be liable for loss or damage to any property of Rentee or any other person(s) or party(s) which may have used or been in contact with the Equipment either before or after its return to Yong Party Rentals whether or not related to the negligence of Yong Party Rentals or its agents, representatives, or employees. (This includes, but is not limited to: any poisons, venoms, toxins, residual infectious diseases, viruses, pathogens, chemical, biological, radiological, or nuclear contamination risks when in contact or near proximity of said Equipment.) Rentee shall assume all risk of such loss or damage, waive all claims therefore against Yong Party Rentals, and defend, indemnify and hold Yong Party Rentals harmless from any and all claims arising out of such loss or damage.
Rentee shall, to the fullest extent permissible by law, defend, indemnify and hold harmless Yong Party Rentals, its employees, agents and affiliates from and against any and all losses, liabilities, damages, injuries, claims, demands, cost and expenses of every character whatsoever (including without limitation, (i) demands arising from injuries or death of persons, including employees of either Yong Party Rentals or Rentee, (ii) claims of or liabilities to third parties arising out of the abandonment, conversion, secretion, concealment, or unauthorized sale of the Equipment by Rentee or its operator, agents, or employees or the confiscation/seizure of the Equipment by any government authority for illegal or improper use of said Equipment, and (iii) demands for damage to property), arising directly or indirectly, at any time, out of the obligations herein undertaken or out of or connected with the possession, maintenance or use of the Equipment. The provisions of the indemnity described herein shall apply whether or not Yong Party Rentals's negligence, active or passive, contributed in any way towards the alleged injury or harm and shall not be limited except to the extent that it will not apply to claims caused by the sole negligence or willful misconduct of Yong Party Rentals. Rentee further agrees it will reimburse Yong Party Rentals for any expenditures, including reasonable attorneys' fees, Yong Party Rentals may make by reason of such and, if requested by Yong Party Rentals will defend any such claims at the sole cost and expense of Rentee.
Deliveries/Pickups and Refunds Policy
Client(s) have the option to waive delivery charges if they opt for local pickup(s) & drop-off(s). Unless canceled and affirmed by written agreement with Yong Party Rentals prior to delivery, delivery charges are NON-REFUNDABLE once Equipment is in transit for delivery or presented to Client for delivery, except subject to the terms as prescribed in the "Cancellations By Yong Party Rentals" section. Yong Party Rentals is NOT responsible for any damages and/or injuries that may incur as a result of items being picked up or dropped off by Client or affiliates/agents acting on behalf of Client. Client fully understands and agrees that by voluntarily receiving ANY manner of assistance loading/unloading rental items for transportation by Yong Party Rentals that they choose to waive any and all damage(s) and/or injury claims that may result against its staff, employees, agents, or affiliates. Client understands and acknowledges that Yong Party Rentals is NOT obligated to provide this service under any circumstances.
A valid credit card used for payment is to be kept on file for all renters and Driver's License/ID with matching name(s) is to be presented for inspection at pickup or delivery.
- Differing individuals from client may NOT attempt to pickup Equipment from rental without prior explicit, written consent of Yong Party Rentals.
- Differing name(s) of credit card details from ID presented at time of pickup/delivery IMMEDIATELY disqualifies Client suitability for rental and no Equipment will be released for rental use.
- Pickups - Failure by customer(s) to pickup rentals on the specified date/time of invoice (or applicable rental reservation details booked through the website) in a timely manner (10 minutes grace period) without prior mutually agreed upon notice in writing will be treated as a no-show - NO REFUNDS WILL BE PROVIDED.
- Deliveries - If you are unable to receive timely delivery of your rental items per the specified delivery address at agreed upon date/time of your reservation it will be treated as a no-show/customer cancellation - NO REFUNDS WILL BE PROVIDED. We will do our best to provide on-time deliveries; however we cannot provide any on-time guarantees due to unexpected traffic conditions, etc. (Please allow a grace period of 15 minutes; after this timeframe a partial credit may be provided to you within reason at the sole discretion of Yong Party Rentals. After no notice and/or failure of scheduled delivery at designated address within one hour by the business, the reservation will be treated as a cancellation by Yong Party Rentals and a full refund will be issued to you.)
- For the safety of the customer(s) and all Yong Party Rental staff, employees, agents, and/or affiliates any and all in-person business interactions can and will be video recorded in a public place where there is no reasonable expectation to privacy. Under California State law and the First Amendment of the U.S. Constitution, it is generally legal to record someone in public where there is no reasonable expectation of privacy. This means places like streets, parks, or public events, recording is typically permissible and no consent is required; including but not limited to the pickup/delivery addresses.
- For safety reasons, authorized couriers of Yong Party Rentals will NOT enter or assist in loading/unloading Equipment directly inside a private residence or domicile under any circumstances.
- Pick up availability for rentals is required at booking. Rentals must be received and/or delivered outside at ground level only, unless explicitly agreed to in writing by Yong Party Rentals PRIOR to delivery.
- In the rare event Yong Party Rentals is unable to pickup or retrieve Equipment by the subsequent day after the rental period ends the Client will NOT be assessed for any late charges. Note that the Client however is still fully responsible for all compensation costs of Equipment if lost/stolen or confiscated. Property rights remain with Yong Party Rentals and the return of said Equipment remains an obligation by Client to Yong Party Rentals to be returned within 4 days without charges or legal action being pursued. (See Equipment Property Rights/Prohibited Repairs and Modifications section.)
- Direct delivery service of Equipment to Rentee is be done per the route(s) Yong Party Rentals deems the most optimal or suitable, to be charged and prorated at $1.50 per mile including any applicable bridge fees, tolls, and/or government mandated fees while in transit from the local pickup address to the delivery destination. Please note under most circumstances additional delivery charges will generally not apply; however any final determinations will remain at the sole discretion of Yong Party Rentals. Delivery rates are subject to change without notice.
- Unless otherwise agreed upon and explicitly stated in writing by Yong Party Rentals, the pickup/delivery addresses must remain the same.
Additional charges may apply if:
- Rental items are not properly stored and packed for pickup
- All chairs and tables are not stacked as delivered for pickup.
- Rental equipment is rendered unsanitary or dirty upon return
- Client requires pickups before or after normal business hours.
- The location is not readily accessible or immediately adjacent to a road. (E.g. location is in university grounds, requiring foot traffic to reach destination.)
- Any other reason that negatively impacts Yong Party Rentals business operations and/or the Rentee would have reasonably known in advance to avert, to be determined by Yong Party Rentals.
Cancellations By Yong Party Rentals
Although Yong Party Rentals strives to deliver quality customer service, Client acknowledges that unexpected events can occur which may disrupt rental reservations from being fulfilled in a timely or safe manner. Yong Party Rentals reserves the absolute, categorical, and unequivocal right to cancel any reservation(s) without notice in a given emergency or circumstances which are averse to the business. Client acknowledges rental reservation deliveries cannot be guaranteed; in the rare event your rental is canceled due to allocated store rental inventory having been lost, stolen, or rendered damaged beyond rental suitability and/or any other reason(s), including but not limited to widespread looting, rioting, political demonstrations, terrorism, hazardous environmental conditions, perilous weather, or other adverse traffic conditions which negative affects and/or prohibits Yong Party Rentals from being able to fulfill your rental(s) reservation - YOU WILL PROMPTLY BE ISSUED A FULL REFUND.
Yong Party Rentals reserves the right to refuse delivery if Rentee is not promptly available to pickup after the 10-minute grace period (no-show by Client) and/or if the delivery location site is not readily accessible, at the sole and absolute discretion of Yong Party Rentals. Item(s) must be available how they were delivered and ready for pickup at the specified time and location to avoid fees.
After-Hours Call Service
We provide an optional after-hours call service to our clients. Response times may vary and additional charges will apply for this service. Client acknowledges and agrees Yong Party Rentals is NOT obligated to provide this service under any circumstances and reserves the right to refuse this service with or without notice.
Pricing & Discounts Policy
Yong Party Rentals reserves the absolute, categorical, and unequivocal right to modify pricing of rental items at any given time either on the website or in-person to Client(s), without notice and to provide, void, and/or deny discount(s) to Clients.
Inventory Availability/Rental Reservations & Deposits Policy
Quotes, proposals or inquiries do NOT guarantee availability of rental equipment nor should be construed as reservation of Equipment. Availability of Equipment is not guaranteed if due to technical errors in web server page loadings or malicious cyberattacks, etc.; Yong Party Rentals fully reserves the absolute, categorical, and unequivocal right to cancel/void invoices, unauthorized web transactions, and to correct web pricing errors and/or any transactions not authorized in the regular course of business.
All rental reservations are required to be paid in full to Yong Party Rentals, in advance of your delivery/pickup date. All Rental reservations are subject to a non-refundable 25% deposit of the invoice amount (or applicable rental reservation booked through the website) required to be paid by Client to reserve Equipment; 50% for reservations equal to or exceeding $100.00. Failure of Client to pay the entire balance amount(s) prior to delivery or receiving rental equipment will result in refusal to release Equipment to Client and subsequent cancellation of said reservation at Yong Party Rentals's sole discretion.
- Certain rental items are subject to additional deposit(s)/pre-authorization charges; Client further acknowledges that the additional charge(s) may not wholly cover replacement charge(s) stipulated, and further costs or charges assessed to Client may exceed deposit(s) at the absolute, categorical, and unequivocal discretion of Yong Party Rentals.
All rental reservations by Client must be canceled in writing or direct phone call to Yong Party Rentals.
- All rental reservations canceled by Client less than or equal to 24 hours in advance of the rental period are subject to forfeiture of 100% of the rental reservation, regardless of initial deposit required for booking. As a sign of goodwill, Yong Party Rentals may offer client a period of one month from the date of cancellation to rebook a reservation of equal or lesser value free of charge (excluding delivery fees which are subject to change, unless the new reservation total is equal to or less than the amount of the canceled reservation); this is subject to availability and final determination by Yong Party Rentals.
Ensure all equipment is returned according to the terms of this Contract. The client is solely and wholly responsible for any and all additional charges incurred as a result of failure to meet these conditions. Violations of this Agreement may result in termination of rental(s) and Equipment being mandated back into Yong Party Rentals's immediate ownership, client being wholly excluded & barred from future rental reservations and/or legal action against Client for damage(s) and/or injuries, including up to pursuing civil/criminal charges.
Credit Card Authorization
Client hereby authorizes Yong Party Rentals to keep the credit card utilized for any rental reservation(s)/future reservation(s) on file until a formal cancellation is requested. This is permitted after a one week, mandatory retention period once the rental reservation has ended and all Equipment has been returned in satisfactory, proper condition.
Client understands and hereby agrees to the following:
- The credit card on file will serve as collateral to be charged in the event of any damages or replacement costs for the Equipment, including but not limited to said Equipment having been lost and/or stolen.
- The credit card on file may be utilized to levy a pre-authorization charge(s) required to rent out Equipment, fully refundable/released upon satisfactory, proper return of Equipment to Yong Party Rentals.
- Any charges will be conveyed to the Client accordingly in writing, in the form of an email confirmation to the email address provided by Client.
- The terms of this authorization will remain in effect until Client requests that their card on file be terminated after the mandatory one week period. Client wholly acknowledges that they alone are responsible for communicating this request explicitly and clearly in writing to the business.
- In the event the credit card on file becomes invalid, Client will provide a new valid credit card upon request, to be charged for the payment of any outstanding balances owed within 24 hours.
General
Except as otherwise expressly stated herein, this Rental Contract contains the entire agreement of Yong Party Rentals and Rentee with respect to the subject matter hereof, and no provision of the Agreement may be amended, modified, supplemented, changed, waived, discharged or terminated unless both parties consent thereto in writing. In case any one or more of the provisions contained in this Agreement should be held to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired thereby. This Agreement shall be binding upon and inure to the benefit of Yong Party Rentals, Rentee and their respective successors and assigns. This Agreement shall be governed by and construed in accordance with the laws of the State of California. In the event of any collection action taken by Yong Party Rentals, regardless of whether Yong Party Rentals initiates litigation, or litigation brought by either party to interpret or enforce this Agreement, Yong Party Rentals in any collection action and the prevailing party in litigation shall be entitled to an award of all attorneys fees, court costs, and litigation expenses at both the trial and appellate levels.
This Contract, as published on the Yong Party Rentals website at the time of equipment rental, are the official Equipment rental terms between Yong Party Rentals and Rentee, and may be amended from time to time without notice at Yong Party Rentals's sole discretion.
By renting you attest that you are at least 18 years of age and legally able to enter into this rental contract with Yong Party Rentals. If you do not meet all of these requirements you may NOT rent or receive services from Yong Party Rentals. Client paying for the rental items stipulated on the attached invoice (or applicable rental reservation booked through the website) constitutes agreement to the Rental Contract. Damages and final total amounts to be charged to client will be evaluated and assessed at the sole and absolute discretion of Yong Party Rentals.