rental contract

terms & conditions

For good and valuable consideration, you and Trip West, LLC, a Colorado limited liability company, d/b/a “Colorado Party Rental” and/or “Summit Party Rentals” (also referred to herein as “CPR,” “SPR,” “Lessor,” “we,” “us” and “our”) agree as follows:

1. As used herein, “P.1” means your order or reservation identifying the item(s) being rented to you hereunder; “Contract” means P.1 together with these Terms and Conditions; “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 “§”] 4 of this Contract); “Site” means the location where the Item(s) is/are to be delivered and/or used (if applicable), as set forth on P.1; and “Customer,” “Lessee,” “you” and “your” mean the customer, renter or lessee identified on P.1.

2. You agree to rent from CPR the Rented Item(s) for the period(s) specified on P.1 (the “Term”), at the end of which, your rights to use and possess the Rented Item(s) shall expire and terminate. You agree to pay us the applicable rental rate(s) set forth on P.1 (the “Rent”), and all other charges accruing hereunder, without proration, reduction or setoff, and remain liable for all associated injuries and damages (including damage to any one or more Rented Item(s)), for the entire Term and until all Rented Item(s) is/are actually returned to and accepted by CPR in the return condition required under § 11. Unless otherwise specifically agreed by CPR, all rental rates are for normal use of the Rented Item(s) on a single-event basis and otherwise in accordance with the terms of this Contract and the “Instructions” described in § 4. Additional Rent at our maximum periodic rate will be due for overuse and late returns. No cancellation or reduction of Rent will be allowed for act(s) of God, events of force majeure, time in transit 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”). Unless otherwise agreed in writing by CPR, you: (i) will pay us: (A) the Estimated Rent, together with any deposit specified on P.1 (or if none, 50% of the Estimated Rent) in advance (together, the “Prepayment”); and (B) all other amounts coming due hereunder upon demand; and (ii) acknowledge and agree that: (A) we may deduct any amount you owe us from any Prepayment; (B) no interest will accrue on any Prepayment; (C) no Prepayment will be deemed a limit of your liability to us; and (D) all Prepayments are NON-REFUNDABLE if the order is not canceled at least: (x) 30 days prior to the event with respect to tents; or (y) 10 days prior to the event with respect to other Item(s). Anything remaining with, in or on any Rented Item(s) upon return will be deemed surrendered and abandoned. (E) If you or your authorized agent amend your rental agreement in any way that increases the overall amount due so that your initial 50% (minimum) prepayment is diluted to below the 50% threshold, we may at our discretion require additional monies from you in order to increase your total prepayment amount to at least 50% of the newly amended total and you pre-authorize us to charge your credit card on file.

3. You agree that any items or fees including but not limited to rental items, subrental items, sale items, permitting fees, municipality fees – and any shipping fees incurred as a result of these items -that are purchased by CPR, SPR, or its agents or affiliates on your behalf and at your request for this event are to paid in full and are non-refundable, non-transferable and non-cancellable; all in relation to your reservation’s specific finalization date.

4. You acknowledge that if you are working with a 3rd party partner – to be designated in the notes of

this contact – such as but not limited to an event planner or caterer, that said 3rd party may and will often make changes to this reservation up to and including item styles or item quantities, delivery windows and/or details and that any such changes are governed by the terms and conditions of this contract including your fulfillment of all financial responsibilities. By signing this contract, you are authorizing said designated 3rd party to make these changes additions edits and omissions on your behalf. You agree that any and all disputes that arise with respect to changes made to this contract by your designated 3rd party partner will be resolved without the involvement of Trip West LLC dba Colorado Party Rentals and/or Summit Party Rentals acting as an arbiter and that you as the customer-on-record will fulfill your financial obligations in accordance with the terms and conditions set forth elsewhere in this contract.

5. You will ensure the Site is clean, safe, secure and fit for delivery and use of the Rented Item(s). If we agree to provide any services (including delivery, setup, installation and/or retrieval), you agree to: (a) pay our regular 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 at all times. We will not be responsible for mishaps or delay(s) caused by you, your agents or employees or any other parties, including providers of other goods or services (“Other Providers”) for which you agree to indemnify, defend and hold harmless CPR. If you are not present upon our delivery, setup, installation or retrieval of any Item(s), you agree to accept the statements of our representatives regarding the same (including the status, condition, quality and quantities of the Item(s) and the Site).

6. Upon the earlier of your receipt, or the delivery to the Site, of the Rented Item(s) unless you thereupon reject it/them, you represent, warrant, acknowledge and agree that: (a) each Item: (i) is complete and in good order, condition and repair; (ii) is appropriate for your purposes and in all ways acceptable to you; and (iii) was selected (not based on any recommendation by us), carefully examined counted and tested by you or your agent(s); and (b) you: (i) have received, reviewed and understand all laws, rules, regulations, training, instructions, user manuals, maintenance requirements, and other information, if any, including all applicable EPA, OSHA, ASME, IBC, IFC, NFPA, UL, IEEE, ASSP, ANSI and other applicable standards (collectively, “Instructions”); (ii) will fully comply therewith; (iii) have been made aware of the need to use all applicable safety equipment and devices; (iv) will use each Item only for its intended purpose, in a reasonable and safe manner; (v) will timely give all applicable notice(s) to, and obtain all applicable licenses, authorizations, permits and approvals from, all affected parties, including governmental authorities, utilities, cable companies and the owner(s) of the Site, and ensure that all underground lines, cables and conduits are clearly and properly marked before using any Item(s) to disturb the ground surface (For line locations, call 811 least 3 full business days prior to excavation (not including the day of the call); (vi) will immediately cease using any Item that is damaged, breaks down, or proves defective (a “Malfunction”); (vii) will promptly notify the police if any Item(s) is/are stolen or involved in any accident; and (viii) will ensure that all others comply with this Contract. You will notify us immediately if any of the foregoing shall prove incorrect or misleading at any time.

7. In the event of a Malfunction as defined in § 4, you agree to immediately notify and return the Malfunctioning Item to, CPR, and provided such Malfunction did not result from or in connection with any wrongful or negligent act or omission of, or any breach of this Contract by, you or anyone you

permit to use, operate, occupy or otherwise deal with any Rented Item(s) (including your guests and invitees), we may, at our option: (a) repair the Malfunctioning Item; (b) provide you with a comparable item; or (c) solely with respect to the Malfunctioning Item, return the unused portion of the Rent and cancel this Contract. The foregoing remedies are EXCLUSIVE. We will have no other obligation(s) regarding Malfunctions, all of which you waive (including without limitation, all direct, indirect, incidental and consequential damages).

8. Except with respect to Item(s) CPR rents from one or more third-party owner(s) (each, a “TPO”) and re-rents to you, CPR owns and will retain title to all Rented Items at all times. You will have exclusive control over the Rented Item(s) during the Term; subject however, to your obligation to fully and timely comply with this Contract at all times. You SHALL NOT: (a) permit the taking or existence of any lien, claim, security interest or encumbrance on any such Item; (b) have any title or ownership interest in or with respect to any Rented Item(s); or (c) loan, transfer, sublease, repair, store, surrender or assign any Rented Item or this Contract without our prior written consent (in our sole discretion). We may substitute, sell and/or assign any Rented Item(s) and/or all or any part of our interests therein and/or in this Contract at any time, in which event, you will attorn to the assignee, who will not be responsible for any pre-existing obligations or liabilities of CPR.

9. SAFETY WARNINGS: THE RENTED ITEM(S) CAN BE DANGEROUS, AND MAY MOVE, SHIFT, TIP, SINK, OVERTURN, LEAK, OR COLLAPSE, PARTICULARLY DURING SEVERE WEATHER AND/OR ON STEEP TERRAIN. YOU AGREE TO: (A) EXERCISE, AND TO CAUSE ALL OTHERS TO EXERCISE, EXTREME CARE WHEN DEALING WITH SUCH ITEM(S); (B) PROVIDE ALL APPLICABLE FAMILIARIZATION, TRAINING, INSTRUCTIONS AND WARNINGS TO ALL USERS, OPERATORS AND OCCUPANTS OF THE RENTED ITEM(S); (C) ensure that each Rented Item is used reasonably, safely and only: (i) for its intended purpose(s); (ii) within its rated capacity; (iii) at the Site; (iv) by properly trained, qualified, certified, FAMILIARIZED and/or licensed (as applicable) ADULTS; and (v) otherwise in full compliance with this Contract and all applicable laws, rules and regulations, at all times.

10. SAFETY PRECAUTIONS: You will not, nor will you permit anyone else to abuse, misuse, overuse, conceal, place in storage with any third party, repair, modify or damage any Rented Item. YOU ALSO AGREE TO: (A) ENSURE THAT ALL CHILDREN IN, ON, OR NEAR ANY RENTED ITEM(S) ARE SUPERVISED BY A COMPETENT ADULT AT LEAST 21 YEARS OF AGE AT ALL TIMES; (B) POST AN OSHA-COMPLIANT EVACUATION PLAN ON OR NEAR EACH TEMPORARY STRUCTURE INCLUDED IN THE RENTED ITEM(S); and (C) EVACUATE, AND permit CPR to delay delivery, installation AND/OR USE of, or dismantle and/or retrieve ANY or all rented item(s) (without obligating us to do so), if any hazard (including without limitation, severe weather) occurs or threatens.

11. no warranties: ALL ITEM(S) ARE PROVIDED “AS-IS”. CPR MAKES NO WARRANTY(ies), EXPRESS OR IMPLIED (INCLUDING ANY WARRANTY(IES) OF MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE, FUNCTION, DESIGN, QUALITY, CAPACITY, FREEDOM FROM DEFECTS, CONTAMINATION AND/OR GOOD AND WORKMANLIKE PERFORMANCE, AS WELL AS ANY WARRANTY(ies) arising FROM OR IN CONNECTION WITH any COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE) REGARDING ANY ITEM(S) OR SERVICE(S) referenced IN THIS

CONTRACT, NOR DOES CPR MAKE ANY WARRANTY(IES) AGAINST INTERFERENCE OR INFRINGEMENT, ALL OF WHICH YOU WAIVE. NO DESCRIPTIONS, SPECIFICATIONS, DEPICTIONS OR ADVERTISEMENTS CONSTITUTE REPRESENTATIONS OR WARRANTIES BY COLORADO PARTY RENTAL. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS CONTRACT.

12. INDEMNITY: TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, YOU: (A) ASSUME ALL RISKS, INCLUDING WITHOUT LIMITATION, RISK(S) OF PERSONAL and bodily INJURY, ILLNESS, LOSS, PRODUCTS LIABILITY, PROPERTY DAMAGE AND CONTAMINATION OF, TO, AND/or ARISING IN CONNECTION WITH, the ITEM(S) AND SERVICE(S) REFERENCED IN THIS CONTRACT, AS WELL AS ALL LIABILITIES, CLAIMS, DAMAGES, losses, costs and expenses (including attorneys’ fees) ARISING from and/or IN CONNECTION WITH THE SELECTION, PROVISION, INSPECTION, DESIGN, MANUFACTURE, USE, LOADING, UNLOADING, TRANSPORTATION, DELIVERY, SETUP, INSTALLATION, DEINSTALLATION, TEARDOWN, MALFUNCTION, COLLAPSE, STORAGE, CLEANING, DISINFECTION, SERVICING, MAINTENANCE, REPAIR, AND/OR RETRIEVAL thereof, WHETHER OR NOT YOUR FAULT (collectively, “risks”); (B) RELEASE AND DISCHARGE, AND AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS, Trip West, LLC, d/b/a “Colorado Party Rental”, each TPO, their respective parents, partners, affiliates and subsidiaries, and their respective owners, shareholders, members, managers, officers, directors, partners, agents, affiliates, employees, insurers, subrogees, representatives, successors and assigns (each, an “Indemnitee”), for, from and against all such RISKS, as well as all other liabilities, claims, damages, losses, costs and expenses (including without limitation, attorneys’ fees) arising from and/or in connection with the Rented Item(s), this Contract and/or any breach hereof by you, your agents, employees, contractors, guests, invitees, sublessees, successors and/or assigns; and except only as provided in § 5, (C) WAIVE all rights and remedies available under the Uniform Commercial Code, as well as all direct, indirect, incidental, consequential, general, special, exemplary and punitive damages, against each and every Indemnitee.

13. You agree to protect, properly maintain and care for each Rented Item at all times, keep it safely and securely stored and locked when not in use, and return it to CPR on time at the end of the Term, complete, clean, free of contamination, burns, cuts, frays, stains, discoloration, chalk, wax, staples, tape, adhesives, and debris, and in good condition, properly serviced and maintained, and if applicable, full of the appropriate fuel, fluids and lubricants. If you fail to do so, then in addition to your other obligations arising under this Contract, you will pay us: (a) Rent at our highest incremental rate for each succeeding full rental period until all Rented Item(s) have been returned or replaced as required; and (b) all costs and expenses we incur in connection with such failure (including without limitation, all costs of cleaning, repairs, maintenance and/or replacement(s) of/to the Rented Item(s)). Certain Items may be delivered on pallets, or in crates, cartons or boxes, and may be stacked, bagged, racked, folded, rolled and/or strapped (“Packed”). Upon return, you will ensure that all Rented Items are properly Packed. YOU AGREE TO REFRAIN FROM PACKING ANY RENTED ITEM UNLESS IT IS COMPLETELY DRY. IMPROPER PACKING, OR PACKING ITEMS THAT ARE WET OR DAMP, MAY RESULT IN MOLD, MILDEW OR OTHER DAMAGE, FOR WHICH YOU WILL BE LIABLE.

14. If and only if, we have offered, and you have paid for our OPTIONAL LIMITED DAMAGE WAIVER (“LDW”) (set forth on P.1, (if available, EXCLUDING TENTS) in advance of the Term, you will have no

liability to us for the repair/replacement costs for physical damage to Item(s) covered by LDW (“Covered Item(s)”); provided however, that you will, remain fully liable for: (a) egregious damage as well as all loss of and damage to: Item(s) not covered by LDW (ii) Covered Item(s) lost or damaged during transportation by you the customer or anyone else that is not an employee or contractor of Trip West LLC and/or as a result of: (A) any breach of this Contract by you or your agents, employees, sublessees, transferees, borrowers, successors and/or assigns; (B) theft or other failure to return within 48 hours of designated return date and time covered Item(s) to us; (C) negligence, misuse and/or abuse of Rented Item(s) (including submerging, overturning, overloading and failing to reasonably protect it/them) (iii) tents, sidewalls and all tent-related hardware. This LDW is non-refundable and does not cover missing items, items left outside unprotected, improper use or vandalism. LDW IS NOT INSURANCE, NOR IS IT A WARRANTY.

15. You agree that the credit card you have on file is active and you authorize us to charge it for missing items at retail cost or items that fall under the LDW policy. You agree that if the credit card on file is cancelled prior to CPR/SPR charging it appropriately for the aforementioned instances that you will make payment in full within 5 business days to Trip West LLC in accordance with the itemized charges governed by the LDW. If you fail to return an item or items within 48 hours as per (iiB) and are charged accordingly, but then return the item or items back to us within 7 days, we will refund the previously charged replacement cost less the standard maximum daily rental rate. If upon inspection CPR/SPR deems the items damaged, you will be charged the retail replacement cost. If you decline the LDW then you agree to have your credit card on file charged the retail replacement cost for all items that are returned to CPR/SPR damaged. You agree not to dispute charges associated with the LDW, missing items, out of scope labor fees as per section 16, or any other relevant or appropriate charges/fees as covered by these term & conditions in their entirety.

16. You agree that upon final confirmation and/or payment of this contract that you accept and agree to all delivery and pick up dates and times, and that if CPR/SPR teams are delayed for any reason whatsoever outside of their control upon arrival that at CPR/SPR’s discretion your credit card on file will be charged either stand by labor at either a standard or after-hours rate, additional pickup fees, or a combination thereof. You further agree that if CPR/SPR teams encounter undisclosed out-of-scope delivery or pick up challenges or obstacles such as but not limited to egregious distances, stairwells, elevators, property maintenance, equipment not gathered appropriately causing our teams to have to search for missing items, dishes not crated, egregiously dirty dishes, chairs not stacked correctly, loading dock delays, etc., that the appropriate fees will be charged to your card on file. Every effort will be made to communicate to the point-of-contact on record when it is determined that additional fees/charges would be incurred.

17. We may, without further notice or liability to you, inspect and/or monitor (in person or electronically, including via the use of GPS and/or telematics) any Item(s) at any time, and all information thereby obtained will be our property. You consent to such inspection(s) and monitoring and waive all claims with respect thereto. You hereby grant to CPR a perpetual, royalty free, worldwide, right and license to create, edit, display and distribute one or more images of your event(s) that include one or more Rented Item(s). If any performance required of us is delayed or impaired as a result of any

act or omission of/by you, any Other Provider(s) or any “Act of God,” event of force majeure, or any other event, fact or circumstance beyond our reasonable control (including without limitation any epidemic, pandemic and/or governmental or regulatory action or mandate), we will be excused from such performance. You waive the benefits of all statutes of limitations regarding our rights and remedies. All amounts due hereunder but not timely paid will bear interest at the lesser of (a) 18% per annum; or (b) the highest rate permitted under applicable law until paid. You authorize us to submit all amounts due and coming due hereunder to any debit or credit card(s) you provide (up to 150% of the new replacement cost of the Item(s)). You agree to pay us the maximum lawful charge for any check you write which is returned unpaid. Our maximum liability in connection with this Contract is limited to the Rent we actually receive from you hereunder for the Item(s) identified on P.1. You agree to pay all sales, use and other taxes, as well as all tolls, fines, fees, assessments, and other charges related to the Rented Item(s) and/or this Contract. In the event any legal action is commenced in connection with this Contract, the prevailing party will be entitled to recover its costs and expenses associated therewith (including without limitation, attorneys’ fees and expenses) from the non-prevailing party. Neither our exercise, nor our failure or delay in the exercise, of any rights or remedies available under or in connection with this Contract will constitute an election of remedies or a waiver of any of our rights or remedies, all of which are cumulative.

18. Your Rental shall be deemed a “net” rental. Accordingly, your obligations hereunder shall be UNCONDITIONAL, and without setoff, reduction or counterclaim. If you or any guarantor shall: (a) fail to fully and timely honor, pay, perform or comply with this Contract, any other agreement(s) (“Other Contract(s)”) between you and any Indemnitee, and/or any of your obligations arising (t)hereunder or in connection (t)herewith; (b) provide any incorrect or misleading information to us; (c) become insolvent or bankrupt; or (d) die or cease conducting business; if CPR reasonably deems itself insecure; or if any Rented Item(s) shall be lost or, unless covered by LDW per § 12, damaged, you will be in DEFAULT under this Contract and such Other Contract(s), whereupon, we may with or without legal process or notice (and without liability to you), to the maximum extent permitted under applicable law: (i) cancel the Term and/or the subject Contract(s) (and/or your rights to use and possess the Rented Item(s)); (ii) seek relief from stay; (iii) recover, empty, lock, restrict, shut down, disassemble and/or disable such Item(s) without being guilty of breach, trespass or wrongful interference, or liable for any injuries or property damage (for which you agree to indemnify, defend and hold harmless each Indemnitee); (iv) perform your obligations (t)hereunder on your behalf, without being obligated to do so; (v) purchase replacement Item(s); (vi) recover from you and/or any guarantor our associated direct and indirect damages, losses, costs and expenses (including without limitation, Rent for the entire scheduled Term, overtime, loss of use, interest, attorneys’ fees, retrieval/repossession costs, and collection costs); and/or (vii) pursue any one or more other rights and/or remedies available (t)hereunder, at law and/or in equity, all of which are and will remain cumulative.

19. This Contract shall be governed by and enforced under the laws of Colorado. At our option, dispute(s) with respect to this Contract and/or its subject matter shall be submitted to binding arbitration before a single arbitrator selected by us at the offices of the American Arbitration Association located in or nearest to El Paso County, CO. The arbitrator’s decision shall be final and binding and may

be entered in any court of competent jurisdiction. Proper venue for all other civil legal actions commenced in connection herewith shall lie solely in the federal, state and local courts located in or nearest to El Paso County, CO (unless waived by CPR). You consent and submit thereto and waive all claims that such venue lies in an inconvenient forum. YOU WAIVE YOUR RIGHTS TO TRIAL BY JURY AND TO PARTICIPATE IN ANY CLASS OR JOINT ACTION.

20. This Contract and any addenda(um) we provide constitute(s) the entire agreement between you and CPR, superseding all other agreements and representations. The terms of this Contract are severable. If any provision hereof shall be deemed invalid or unenforceable by any court of competent jurisdiction, such provision will be deleted, and the remainder of this Contract will remain valid and enforceable. This Contract cannot otherwise be modified without our written consent. Time is of the essence. These Terms and Conditions apply to all Item(s) identified on P.1, and to all other items you obtain from us at any time (unless we otherwise agree in writing). This Contract shall bind and be enforceable by and against you, and Trip West, LLC, the other Indemnitees and their respective permitted successors and assigns (there being no other third-party beneficiaries hereto). Digital, electronic, photocopied and facsimiled signatures and initials hereon will be deemed originals.

21. WARNING: Obtaining, retaining or exercising control over anything of value of another without authorization or by means of threat or deception, or without the consent of the owner, or knowingly failing to return said property to the owner or provider within 72 hours after the agreed upon time of return may be deemed theft, subjecting the violator to CRIMINAL PROSECUTION AND/OR CIVIL PENALTIES. See C.R.S. §18-4-401, et seq. for details.

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